Game 2 Flashcards
Jane has a chimpanzee as a pet. The chimpanzee attacks Sally. Jane may be held liable under:
strict liability
In strict liability cases ______ does not matter
fault
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?
superseding intervening cause
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?
assumption of risk
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?
comparative negligence
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.
strict liability
It is believed that Nancy shoplifted. She is detained for 10 hours. Nancy may have a lawsuit for
false imprisonment
Tom borrows a laptop from John and never returns it. John sues Tom for the value of the laptop. This is called
conversion
What type of product defect was the McDonald’s and Lawn Dart cases?
design defect
You cannot use someone’s image, name, likeness for commercial purposes without their permission or consent. What is this called?
right to privacy
How long after their death does their estate have right to privacy (their likeness)
10 years
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.
forseeability
Joe runs a red light. What type of negligence is it called when you break a law
negligence per se
You must file a personal injury lawsuit within one year.
What is this called?
statute of limitations
If a defective product is 10 years old, the lawsuit is barred. What is this called
statute of repost
_______________ are lies which are written and there is a publication
liable (liable is written; slander is spoken)
At Nabisco, an employee accidently uses a batch of old eggs. What type of product defect is this
manufacturing defect
What is tort reform
cap on personal injury cases
What is jury told about tort reform?
nothing
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?
Marketshare liability
___________ is a source identifier.
It is a name, symbol etc that identifies the product’s source or company.
trademark
How long does trademark protection last
forever (until generic)
Gladwrap and Coppertone – what type of trademarks are those?
suggestive
Holiday Inn and Vision Center -what type of trademarks are those?
descriptive
Name one way you can get trademark protection
put it in a product
Name the other way you can get trademark protection
register with the trademark office & get it nationwide
Aspirin is a generic trademark. What does “generic” mean?
no protection
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 ________________
trade dress
A company begins producing a soft drink named “Koke”.
Coca Cola files a trademark infringement lawsuit.
What is the standard for determining trademark infringement
likelihood of confusion
How long do you get protection for a patent
20 years
Jane takes a picture of a store and posts the picture on her Instagram?
Is her work protected? Why or why not
yes; tangible from??
How long does Jane get protection
life plus 70 years
You work for Disney and create a cartoon. Who own the copyright for the cartoon
disney
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
she cant so that because shes violating copyright law
Stu buys a book and then resells that book at a flea market. This is legal. What is this called
first sale doctrine
A professor shows a clip from a documentary which is legal under the _____ _____ Doctrine.
fair use
Name one governmental agency which enforces antitrust laws.
US department of justice
Amazon and Whole Food plan to merge. What law pertains to mergers
clayton act
What law pertains to monopolies
Sherman act section 2
Apple and other publishers fixed the price of e-books. This violates ____ law and section ______
sherman action section 1
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
sherman action section 2
a student posts susan review games to the internet. the student has violated what law?
copyright
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
- manufacturer
- product must be in defective condition before sold
- product must be unreasonably dangerous
