Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BLAW > Game 2 > Flashcards

Game 2 Flashcards

1
Q

Jane has a chimpanzee as a pet. The chimpanzee attacks Sally. Jane may be held liable under:

A

strict liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In strict liability cases ______ does not matter

A

fault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Joe’s vehicle is hit by Amanda’s vehicle. Joe suffers whiplash. While waiting on the tow truck, Candace is texting and runs into Joe severely injuring him.

What defense will Amanda use?

A

superseding intervening cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Sam goes to the golf course and is hit by a golf ball. If Sam sues the golf course, what defense will the golf course use?

A

assumption of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

John is not wearing his seatbelt. Amanda runs into John’s car and John goes through the windshield. The jury assessed 30 percent fault to John.

What defense is this called?

A

comparative negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Might Mack Company Inc. uses dynamite to blast through rock while making the new interstate.

Might Mack is held liable under what type of legal theory/doctrine.

A

strict liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

It is believed that Nancy shoplifted. She is detained for 10 hours. Nancy may have a lawsuit for

A

false imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Tom borrows a laptop from John and never returns it. John sues Tom for the value of the laptop. This is called

A

conversion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What type of product defect was the McDonald’s and Lawn Dart cases?

A

design defect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

You cannot use someone’s image, name, likeness for commercial purposes without their permission or consent. What is this called?

A

right to privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How long after their death does their estate have right to privacy (their likeness)

A

10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Ruth carelessly parks her car on a steep hill, leaving the car in neutral. The car rolls down the hill and knocks down an electric line. The sparks from the broken line ignite a grass fire which ignites a warehouse full of dynamite. The warehouse explodes injuring Jim.

What element of negligence is applicable here.

A

forseeability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Joe runs a red light. What type of negligence is it called when you break a law

A

negligence per se

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

You must file a personal injury lawsuit within one year.

What is this called?

A

statute of limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If a defective product is 10 years old, the lawsuit is barred. What is this called

A

statute of repost

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

_______________ are lies which are written and there is a publication

A

liable (liable is written; slander is spoken)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

At Nabisco, an employee accidently uses a batch of old eggs. What type of product defect is this

A

manufacturing defect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is tort reform

A

cap on personal injury cases

19
Q

What is jury told about tort reform?

A

nothing

20
Q

If Manufacturer A sold 20% of the RX on the market, then Manufacturer A is responsible for paying 20% of the Plaintiff’s damages.
What is this called?

A

Marketshare liability

21
Q

___________ is a source identifier.

It is a name, symbol etc that identifies the product’s source or company.

A

trademark

22
Q

How long does trademark protection last

A

forever (until generic)

23
Q

Gladwrap and Coppertone – what type of trademarks are those?

A

suggestive

24
Q

Holiday Inn and Vision Center -what type of trademarks are those?

A

descriptive

25
Q

Name one way you can get trademark protection

A

put it in a product

26
Q

Name the other way you can get trademark protection

A

register with the trademark office & get it nationwide

27
Q

Aspirin is a generic trademark. What does “generic” mean?

A

no protection

28
Q

Sally starts selling a cracker in the shape of a goldfish. The shape of the cracker is protected by Pepperidge Farm because the shape is an example of ________________

A

trade dress

29
Q

A company begins producing a soft drink named “Koke”.
Coca Cola files a trademark infringement lawsuit.

What is the standard for determining trademark infringement

A

likelihood of confusion

30
Q

How long do you get protection for a patent

A

20 years

31
Q

Jane takes a picture of a store and posts the picture on her Instagram?

Is her work protected? Why or why not

A

yes; tangible from??

32
Q

How long does Jane get protection

A

life plus 70 years

33
Q

You work for Disney and create a cartoon. Who own the copyright for the cartoon

A

disney

34
Q

Jane hooks up her iphone and plays her personal music at Great Clips while she is cutting hair.

Give her legal advice – what do you tell her

A

she cant so that because shes violating copyright law

35
Q

Stu buys a book and then resells that book at a flea market. This is legal. What is this called

A

first sale doctrine

36
Q

A professor shows a clip from a documentary which is legal under the _____ _____ Doctrine.

A

fair use

37
Q

Name one governmental agency which enforces antitrust laws.

A

US department of justice

38
Q

Amazon and Whole Food plan to merge. What law pertains to mergers

A

clayton act

39
Q

What law pertains to monopolies

A

Sherman act section 2

40
Q

Apple and other publishers fixed the price of e-books. This violates ____ law and section ______

A

sherman action section 1

41
Q

Section ___ of the ______ prohibits predatory pricing which occurs when a company lowers its prices below cost to drive competitors out of business and then once the competitor is eliminated, they raise prices to recoup the loss

A

sherman action section 2

42
Q

a student posts susan review games to the internet. the student has violated what law?

A

copyright

43
Q

Dannon sells their yogurt at Krogers. During the process, an employee accidently puts the wrong chemicals in one batch of yogurt. Sam who buys the yogurt gets violently ill. List the elements Sam must prove

A
  1. manufacturer
  2. product must be in defective condition before sold
  3. product must be unreasonably dangerous

BLAW (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions