BUSINESS LAW QUIZ 7,8
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Modesto Junior College *
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230
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Law
Date
Jan 9, 2024
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Chapter 7 Quiz
When determining whether a person is negligent, personal characteristics of
the defendant may never be taken into consideration.-false
A licensee is someone who enters a property for a purpose connected with
the possessor’s business but without the possessor’s consent.-false
It is easier to prove the existence of an actual cause than a proximate one.-
true
Negligence law rests on the premise that members of society _______-
should
behave in ways that avoid the creation of unreasonable risks of harm to others.
The elements of negligence include _______ cause.-actual and proximate
Which of the following statements is true?-
In many negligence cases arising in
the business context, no personal injury or property damage is involved.
When a defendant violates an expectation of behavior established by a
statute, administrative regulation, or an ordinance, some jurisdictions refer
to this as _______-
negligence per se.
The question of to whom the defendant owes a duty of reasonable care
comes down to _______-
whether the plaintiff was among those who would
foreseeably be at risk of harm from the defendant’s actions.
_______ concerns arise because it may sometimes seem unfair to hold a
defendant liable for all the injuries actually caused by his breach.-proximate
cause
Which of these is a doctrine in negligence that allows for liability when “the
thing speaks for itself?”-res ipsa loquitur
____ is the plaintiff’s failure to exercise reasonable care for her own safety.-
contributory negligence
What is a defense to negligence where the injured party placed themselves
in a position where they consented to a known danger?-assumption of risk
Sometimes, people may put in a clause/provision that purports to relieve the
defendant of a duty of care he would otherwise owe to the plaintiff. What is
this provision called?-exculpatory clause
n _______ cases, the defendant is liable even though he did not intend to
cause the harm and did not bring it about through recklessness or
negligence.-strict liability
Workers’ compensation acts passed by most states early in the 20th century
are the most important examples of _______ legislation.-strict liability
Which of the following would not be an example of an abnormally dangerous
activity?-driving a car
Increases in the frequency and size of punitive damages awards may have
resulted in higher liability insurance premiums which have led to a call for
_______-tort reform
Chapter 8 Quiz
The Lanham Act is concerned with patents.
False
The copyright owner has the right to produce derivative works based on the
copyrighted work.-true
In patent law, the United States is a first-to-file nation.-true
In patent law, the United States is a first-to-invent nation.-false
Which of the following is NOT a factor that courts consider when determining
if something is fair use?-
The monetary value of the original.
A trademark is infringed when, without the owner’s consent, another party
uses a substantially similar mark in connection with the sale of goods or
services _______-
which is likely to cause consumer confusion.
How can a patentee transfer ownership of the patent to another party?-
assignment
Which of the following statements about injurious falsehoods is NOT true?-
The plaintiff must show malice.
When a patentee requires the purchaser of a license on his patent to buy his
unpatented goods, he may be committing:-
Patent misuse
Which of the following is most likely to be protected by copyright laws in
computer programs?-object code
A pre-1978 work that was still under valid copyright protection as of 1998
now has a total protection period of _____ years from first publication.-75
To succeed in a lawsuit for intentional interference with contractual
relations, the plaintiff must prove the agreement whose performance was
impeded was __________-an existing contract
_______ are trademarks or service marks used by organizations to identify
themselves as the source of goods or services.-collective marks
Which of the following kinds of marks are denied placement on the
Principal Register?-those that are immoral or scandalous
A trademark is considered to be abandoned when _______-the owner fails
to use it
Which of the following is NOT considered an area of law that is considered
intellectual property?-negligence
When there will not be confusion between two products, but the owner of a
famous mark feels that the sale of a similarly named product impairs the
distinctiveness of the famous mark, there may be which of these?-trademark
dilution
_______ are disfavored in the law because they may interfere unduly with
individuals’ important interests in working and making a living-
noncompetition agreements.
-
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