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Questions
Q:
An exclusive license grants the licensee exclusive rights to use information rights for a specified duration.
Q:
If it can be shown that a trespass to personal property was warranted, a complete defense exists.
Q:
Data and software do not constitute intellectual property or information rights.
Q:
Competitive behavior is wrongful interference if it results in the breakÂing of a contract.
Q:
A license is a contract that transfers complete rights in intellectual property and informational rights.
Q:
The U.S. labor movement started withA) aerospace workers unions. B) industrial unions.C) craft unions. D) depression unions.
Q:
Malicious prosecution can occur if a party initiates a lawsuit out of malice.
Q:
While downloading a license to a software program, Harriet reads the "Terms of Agreement" document which states that the company is not liable for any unforeseen damages that arise from the software. Harriet clicks "Accept" and continues to install the program. The document is an example of a(n) ________.
A) digital signature
B) digital identification
C) licensing agreement
D) implicit contract
Q:
An unauthorized scan of a bank account can be an invasion of privacy.
Q:
KCube Multimedia launches a new game. It permits Ken to download, install, and play the game for three months. This is an instance of a(n) ________.
A) e-license
B) lease
C) domain name registration
D) digital signature
Q:
The use of a person's likeness for commercial purposes without permisÂsion is not an invasion of privacy.
Q:
A(n) ________ is a contract whereby the owner of a software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions.
A) e-license
B) Terms of Service document
C) domain
D) digital signature
Q:
A person may not be liable for a defamatory statement if he or she enjoys a privilege.
Q:
What is an exclusive license?
A) a license that grants access to exclusive information for a limited period
B) a license that restricts the licensee to some information only
C) a license that is granted to only one party for a specific period
D) a license that grants access to exclusive intellectual property
Q:
The price elasticity of demand for labor will be smaller, theA) greater is the price elasticity of demand for the final product.B) easier it is to employ substitute inputs in production.C) smaller is the proportion of wage costs in the total cost of production.D) longer is the time period under examination.
Q:
Which of the following is true of a license?
A) A license grants the licensee complete control over intellectual property.
B) An exclusive license is granted to only one licensee for a specific period.
C) A licensee has complete control over the information he or she is allowed to access.
D) A licensee has the right to use information rights beyond the licensor's control that are necessary to exercise the expressly described rights.
Q:
An act that causes indignity is sufficient to recover for the infliction of emotional distress.
Q:
False imprisonment is a legal term for "privilege to detain."
Q:
A ________ refers to a party who is granted limited rights in or access to intellectual property or information rights owned by another party.
A) lessor
B) lessee
C) licensee
D) licensor
Q:
Self-defense is a defense to a charge of assault.
Q:
A ________ is an owner of intellectual property or information rights who transfers rights in the property or information to another party.
A) lessor
B) lessee
C) licensee
D) licensor
Q:
Perpetrator is the term for a person who commits a tort.
Q:
A ________ refers to a contract that transfers limited rights in intellectual property and information rights.
A) contract
B) tender
C) license
D) domain name
Q:
The first antitrust law in the United States was theA) Glass-Steagall Act. B) Robinson-Patman Act. C) Clayton Act. D) Sherman Act.
Q:
The purpose of tort law is to punish criminal wrongdoers.
Q:
Which of the following is true of the UCITA?
A) It establishes a uniform set of rules that prohibit all forms of cybersquatting.
B) It establishes the Statute of Frauds for all online content.
C) It aims at eliminating all domain names registered in bad faith.
D) It becomes a law only when a state legislature enacts it as a statute.
Q:
Tortfeasor is the term for a person who commits a tort.
Q:
The ________ establishes a uniform and comprehensive set of rules that govern the creation, performance, and enforcement of computer information transactions.
A) CAN-SPAM Act
B) UCITA
C) ECPA
D) ACPA
Q:
Quik Results, Inc., a Maine corporation, makes and sells Power Up!, a weight-gain and muscle-building supplement. Orin, a citizen of New York, sees an ad for Power Up! in WorkOut magazine and buys it in New York City at a local health club. Within ten days of beginning to use Power Up!, Orin suffers internal injuries. Alleging that the injuries are caused by Power Up!, Orin files a suit against Quik in a New York state court. Quik asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik. What is the court most likely to rule and why?
Q:
What measures has Congress taken to regulate spam e-mail?
Q:
Retail trade is an example ofA) perfect competition. B) oligopoly.C) monopoly. D) monopolistic competition.
Q:
Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet. They agree to resolve this dispute in 2BRNot2B.com, an onÂline forum. Like most online forums, 2BRNot2B.com applies
a. general, universal legal principles.
b. the provisions of the Federal Arbitration Act.
c. jurisprudence developed by the United Nations.
d. the law of California (or another specific U.S. jurisdiction) .
Q:
A(n) ________ is any computer system that has been established by a seller to accept orders.
Q:
To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts
a. not at all.
b. until the ODR service has issued a decision.
c. with respect to any dispute arising between them.
d. with respect to this dispute only.
Q:
The ________ provides that Internet service providers are not liable for the content transmitted over their networks by e-mail users and websites.
Q:
The ________ is a federal statute that places certain restrictions on persons and businesses that send unsolicited commercial advertising to e-mail accounts, prohibits falsified headers, prohibits deceptive subject lines, and requires spammers to label sexually oriented e-mail as such.
Q:
Vince files a suit against Will. Vince and Will meet, and each party's atÂtorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to enÂcourage them to settle their dispute. This is
a. court-ordered arbitration.
b. early neutral case evaluation.
c. a mini-trial.
d. a summary jury trial.
Q:
Kobe files a suit against Joanna. They meet, and each party's atÂtorney arÂgues the party's case before a judge and jury. The jury presents an adÂviÂsory verdict, after which the judge meets with the parties to enÂcourage them to settle their dispute. This is
a. a mini-trial.
b. a summary jury trial.
c. early neutral case evaluation.
d. not a legitimate form of dispute resolution.
Q:
The ________ is an electronic connection of millions of computers that support a standard set of rules for the exchange of information.
Q:
Which of the following is an example of a horizontal merger?A) Northeastern Illinois University merging with McDonaldʹs.B) Northeastern Illinois University merging with a training academy for new professors. C) Northeastern Illinois University merging with Roosevelt University.D) Northeastern Illinois University going from a public to a private university.
Q:
The World Wide Web consists of millions of computers that support a standard set of rules called ________ for the exchange of information.
Q:
Seaside Resort, Inc., adopts an alternative dispute resolution (ADR) proÂgram. Tess, a current employee, signs an agreement under which arbiÂtration is subject to "Seaside's rules, with the employee to bear all costs of the proceeding." When a dispute arises, Tess refuses to arbitrate. Seaside files a suit to compel arbitration. The court will most likely
a. order arbitration according to Seaside's rules.
b. order arbitration but suspend Seaside's rules.
c. refuse to order arbitration if a resolution of the dispute is clear.
d. refuse to order arbitration if Tess lacks the ability to pay.
Q:
Counteroffers are not effective against electronic agents.
Q:
Transnational Corporation and UniShip, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having juÂrisÂdicÂtion may
a. monitor any arbitration until it concludes.
b. order an arbitrator to rule in a particular way.
c. order a party to bring the dispute to court.
d. order a party to submit to arbitration.
Q:
The CAN-SPAM Act requires spammers to label sexually oriented e-mails as such.
Q:
Massive Equipment Company and Wastewater Management Corporation agree in writing to submit a dispute to arbitration. In most circumstances, submission to arbitration is possible
a. for any commercial matter.
b. for no commercial matter.
c. only after a dispute arises.
d. only before a dispute arises.
Q:
The E-SIGN Act is a not a federal statute, and state legislatures are required to adopt it in order for it to become state law.
Q:
Eden Property Sales Corporation and Dion agree to reÂsolve their dispute in arbitration. The arbitrator's decision is called
a. a conclusion of law.
b. a finding of fact.
c. an award.
d. a verdict.
Q:
ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
Q:
If firms in a monopolistically competitive industry are operating with economic losses, over time we would seeA) firms alter their advertising rates until they made at least normal profits.B) some firms exiting the industry, causing the market supply curve to shift to the left, raising price.C) some firms exiting the industry, causing the demand curves of the remaining firms to shift to the right.D) the firms working together to increase price and everyoneʹs profitability.
Q:
Owen, in Pennsylvania, and Quonset Structures, Inc., in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia. This is a ground for a court to
a. do nothing.
b. review the merits of the dispute.
c. review the sufficiency of the evidence.
d. set aside the award.
Q:
The term ISP refers to users who disguise computer viruses as executable programs and send them across the Internet.
Q:
Pixie files a suit against Quiver. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who imposes a resolution on the parÂties. This is
a. arbitration.
b. mediation.
c. negotiation.
d. not a legitimate form of dispute resolution.
Q:
ISPs provide e-mail accounts, Internet access, and storage on the Internet to users.
Q:
Shelly and Tom disagree over the amount of money due under their conÂtract. To avoid involving any third party in a resolution of the dispute, Shelly and Tom might prefer to use the alternative dispute resolution method of
a. arbitration.
b. litigation.
c. mediation.
d. negotiation.
Q:
The CAN-SPAM Act does not regulate spam sent to Americans from other countries.
Q:
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.The least expensive method to resolve the disÂpute between Java and Kaffe may be
a. arbitration because the case will be heard by a mini-jury.
b. litigation because each party will pay its own legal fees.
c. mediation because the dispute will be resolved by a non-expert.
d. negotiation because no third parties are needed.
Q:
The CAN-SPAM Act does not end spam but instead approves businesses to use spam as long as they do not lie.
Q:
In the above figure, what is total revenue at the profit -maximizing point?A) $182 B) $126 C) $170 D) $176
Q:
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.If Java and Kaffe have a long-standing busiÂness relationship that they would like to continue, a preferred method of setÂtling their dispute may be mediation because
a. the case will be heard by a mini-jury.
b. the dispute will eventually go to trial.
c. the process is not adversarial.
d. the resolution of the dispute will be decided an expert.
Q:
E-mail contracts need not meet the Statute of Frauds requirements as long as they meet UCITA guidelines.
Q:
Jackson files a suit against Lance. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party sugÂgests or proposes a resolution, which the parties may or may not decide to adopt. This is
a. arbitration.
b. mediation.
c. negotiation.
d. not a legitimate form of dispute resolution.
Q:
Parties enter into an electronic mail contract by the use of e-mail.
Q:
Boyd files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court is
a. not required to hear the case.
b. required to hear the case because Cathy lost in a federal court.
c. required to hear the case because Cathy lost in a lower court.
d. required to hear the case because it is an appeal.
Q:
The World Wide Web consists of computers that support a standard set of rules for the exchange of information called File Transfer Protocol (FTP).
Q:
The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This
a. is a decision on the merits with value as a precedent.
b. indicates agreement with the Idaho court's decision.
c. means nothing.
d. means that the Idaho court's decision is the law in Idaho.
Q:
Most Web pages use electronic ordering systems that do not have the ability to evaluate and accept ________.
A) counteroffers
B) e-licenses
C) e-signatures
D) biometric data
Q:
The value of total output decreases when labor leaves one industry and goes to another and capital leaves the second industry and goes to the first. This indicates thatA) the first situation was not efficient. B) the second situation is efficient.C) price is greater than marginal cost.D) it would be efficient to return to the first situation.
Q:
Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in
a. federal courts of appeals.
b. federal district courts.
c. state trial courts.
d. the United States Supreme Court.
Q:
Barney wants to rent an apartment and posts an advertisement in a classifieds website. Two days later, Michael, who wants to rent out his apartment, e-mails Barney and they finalize the deal over the Internet. Barney pays Michael through an online transfer. This is an instance of ________.
A) e-licensing
B) e-commerce
C) cybersquatting
D) information licensing
Q:
Which of the following is true of e-commerce?
A) Lessors cannot use web addresses to lease goods.
B) Intellectual property cannot be explicitly listed for sale on a website.
C) An e-mail contract is not binding.
D) Services can be listed for sale on websites.
Q:
Mariah wins her suit against Variety Products Company. Variety's best ground for appeal is the trial court's interpretation of
a. the conduct of the witnesses during the trial.
b. the credibility of the evidence that Mariah presented.
c. the dealings between the parties before the suit.
d. the law that applied to the issues in the case.
Q:
Kit loses her suit against Lou in a Minnesota state trial court. Kit apÂpeals to the state court of appeals and loses again. Kit would appeal next to
a. a U.S. district court.
b. the Minnesota Supreme Court.
c. the United States Supreme Court.
d. the U.S. Court of Appeals for the Eighth Circuit.
Q:
LetsConnect is a three-month-old Internet service provider in the United States of America. In the last two months, it was discovered that several LetsConnect users exchanged online material that is illegal in the United States. The ISP took no measures to investigate the matter or prevent it. Which of the following is true of this case?
A) The users of LetsConnect are not liable for the material they exchanged.
B) The ISP is not liable for the content transmitted over its network.
C) The ISP will be prosecuted for abusing the freedom of speech.
D) The ISP will be prosecuted for violating the Communications Decency Act.
Q:
A firm in a competitive industry faces the following short-run cost and revenue conditions: ATC = $8; AVC = $4; and MR = MC = $6. This firm shouldA) expand production and keep price constant. B) decrease production and raise its price.C) shut down.D) continue to operate at the same price and output level in the short run.
Q:
Child's Play, Inc., sells a toy with a dangerous defect. Drew buys the toy for his son but discovers the defect before the child is injured. Drew files a suit against Child's Play. The firm's best ground for dismissal of the suit is that Drew does not have
a. certiorari.
b. jurisdiction.
c. standing to sue.
d. sufficient minimum contacts.
Q:
Which of the following is true of the Communications Decency Act of 1996?
A) Businesses can send spam e-mails, as long as they do not lie.
B) ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
C) Businesses are liable for invading the right to privacy if they send unsolicited e-mails.
D) The number of servers an ISP can access in a geographical location is limited.
Q:
Inferior Company sells products that are poorly made. Jock, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for disÂmissal of the suit is that Jock does not have
a. certiorari.
b. jurisdiction.
c. standing.
d. sufficient minimum contacts.
Q:
Which of the following is true of the CAN-SPAM Act?
A) It regards spam e-mail as a punishable offence.
B) It prohibits spammers from sending sexually-explicit e-mail.
C) It approves businesses to use spam as long as they do not lie.
D) It provides a civil right of action to individuals who have received unsolicited spam.
Q:
Lacey files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lacey and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio
a. has a sufficient stake in the matter.
b. has jurisdiction.
c. has sufficient minimum contacts with the parties.
d. is a more convenient location to hold the trial.