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Q:
A(n) ________ mark confirms that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark.
Q:
A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n) ________ mark.
Q:
________ is a type of trademark dilution where a party uses another party's famous mark to designate a product or service in another market so that the unique significance of the famous mark is weakened.
Q:
Once a trademark becomes a ________, the term loses its protection under federal trademark law.
Q:
A(n) ________ is a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.
Q:
In 1946, Congress enacted the ________ Act to provide federal protection to trademarks, service marks, and other marks.
Q:
In a dilution lawsuit, the plaintiff must show proof of actual harm in order to win the lawsuit.
Q:
Trademarks that have become generic names are protected under federal trademark law.
Q:
Distinctive marks are ordinary words or symbols that have an established meaning but have acquired a secondary meaning attached to a product or service.
Q:
Ordinary words or symbols that have taken on a secondary meaning can qualify as marks.
Q:
A certification mark is usually owned by a for-profit corporation.
Q:
A service mark is used to distinguish the product of the holder from those of its competitors.
Q:
The trademark symbols TM and SM can be used with marks that have not been registered.
Q:
A party that does not register its brand name has no legal right over it.
Q:
The trademark symbol SM is used to indicate a mark associated with a product.
Q:
A trademark is issued if the registrant proves he has used the mark in commerce.
Q:
A company slogan is an example of a trademark.
Q:
________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner.
A) Tarnishment
B) Blurring
C) Astroturfing
D) Trolling
Q:
A(n) ________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.
A) private brand
B) service mark
C) obsequious work
D) generic name
Q:
When is a mark said to have acquired a secondary meaning?
A) when a mark that resembles a mark already registered with the U.S. Patent and Trademark Office is used for a new product or service
B) when ordinary words establish a new meaning due to its attachment to a product or service
C) when a distinctive mark or design is created for a new product or service
D) when descriptive words are used that have no direct relevance to a product or service
Q:
"Just Do It" is a famous tagline used by the Nike Corporation. Which of the following types of intellectual property would this tagline come under?
A) trademark
B) patent
C) trade secret
D) copyright
Q:
John Crichton applied for a trademark logo at the U.S. Patent and Trademark Office for his new startup company, stating that he would use the logo in commerce within the next six months. After six months, he had not yet used the logo. Which of the following options does trademark law allow John Crichton so that he can retain his logo until he uses it in commerce?
A) Pay a fine so that the trademark gets registered immediately.
B) Change the logo slightly and reapply for the modified logo.
C) Cancel the current application and re-apply for the same logo.
D) Apply for a six-month extension to use the logo in commerce.
Q:
Which of the following types of intellectual property is protected by the Lanham Act?
A) a trade secret
B) a trademark
C) a copyright
D) a patent
Q:
A ________ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers.
A) trade secret
B) patent
C) trademark
D) copyright
Q:
How is a copyright different from a patent?
A) Federal law applies to a copyright, while individual state law applies to a patent.
B) A copyright, not a patent, must be novel and useful.
C) A copyright protects an invention, while a patent protects a tangible writing.
D) The period of protection for a copyright is longer than the period of protection for a patent.
Q:
Explain the process of copyright registration.
Q:
In 1997, Congress enacted the ________ Act, a federal statute that criminalizes certain copyright infringement.
Q:
The ________ Amendment to the U.S. Constitution protects criminal defendants from cruel and unusual punishment.
Q:
The ________ Amendment to the U.S. Constitution guarantees that a criminal defendant has the right to a public jury trial.
Q:
The Fifth Amendment to the U.S. Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself." This right is referred to as the ________.
Q:
A defendant is protected by the Double Jeopardy Clause of the Fifth Amendment if his or her case results in a hung jury.
Q:
The Fourth Amendment to the U.S. Constitution protects people from being tried twice for the same crime.
Q:
The U.S. Supreme Court recognizes an accountant-client privilege under federal law.
Q:
The attorney-client privilege can only be raised by the defendant.
Q:
The Miranda rights must be read to a suspect before he or she is detained by the police or other government officials.
Q:
Any statements or confessions obtained from a suspect before he or she has been read the Miranda rights can be excluded from evidence at trial.
Q:
Obtaining nontestimonial evidence like fingerprints and body fluids violates the Fifth Amendment privilege against self-incrimination.
Q:
Corporations can seek protection under the Fifth Amendment privilege against self-incrimination.
Q:
The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.
Q:
The exclusionary rule allows for evidence obtained from an unreasonable search and seizure to be introduced at trial.
Q:
Warrantless searches are permitted when it is likely that evidence will be destroyed.
Q:
The Fifth Amendment to the U.S. Constitution protects people from unreasonable search and seizure by the government.
Q:
Which of the following constitutional amendments protects criminal defendants from cruel and unusual punishment?
A) Fifth Amendment
B) Eighth Amendment
C) Fourth Amendment
D) Fourteenth Amendment
Q:
Gregory Aimes, who is being tried for murder, has retained Linda Steve as an attorney for his defense. While questioning Gregory about the case, Linda receives a confession of murder from Gregory. Under which of the following conditions can Linda lawfully ignore the attorney-client privilege and report Gregory to the proper authorities?
A) if Gregory discloses to Linda that he plans to murder a specific person in the future
B) if Linda voluntarily resigns as Gregory's attorney
C) if Gregory asks that Linda be replaced as his attorney
D) if Gregory is acquitted in the case
Q:
Which of the following rights is set forth by the Sixth Amendment to the U.S. Constitution?
A) protection against double jeopardy
B) right to due process
C) right to a public jury trial
D) privilege against self-incrimination
Q:
Which of the following would violate the Double Jeopardy Clause?
A) The government reopens a case after new incriminating evidence is found against an acquitted person.
B) A person is tried for a case similar to a case from which he was acquitted earlier.
C) A case reaches a hung jury in court and the government reopens the case with a new jury.
D) The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn.
Q:
The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.
A) evidence procured through unreasonable search and seizures
B) being tried twice for the same crime
C) confessions obtained through physical force during an interrogation
D) being subjected to a heavier penalty or longer imprisonment
Q:
To which Fifth Amendment provision in the U.S. Constitution do the Miranda rights refer?
A) parole eligibility
B) privilege against self-incrimination
C) inordinate seizures
D) double jeopardy
Q:
According to the ________, evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.
A) Miranda rights
B) exclusionary rule
C) presumption of innocence doctrine
D) double jeopardy rule
Q:
Under which of the following circumstances is a warrantless search permitted?
A) if there is no probable cause
B) if the suspect has been previously convicted
C) if evidence is not in plain view
D) if evidence is likely to be destroyed
Q:
Which one of the following types of protection does the Fourth Amendment provide to U.S. citizens?
A) protection from cruel and unusual punishment for a criminal defendant
B) protection from unreasonable search and seizure by the government
C) protection against being tried for the same case twice
D) protection against self-incrimination
Q:
Discuss mail fraud and wire fraud.
Q:
Describe the Racketeer Influenced and Corrupt Organizations Act (RICO).
Q:
________ is a federal act that provides for both criminal and civil penalties for racketeering.
Q:
________ crimes are prone to being committed by businesspersons, and usually involve cunning and deceit rather than physical force.
Q:
A criminal conspiracy occurs when two or more persons enter into an agreement to commit a crime.
Q:
Persons injured by a RICO violation can bring a private civil RICO action against the violator.
Q:
The Racketeer Influenced and Corrupt Organizations Act (RICO) applies only to organized crime.
Q:
Violation of the Money Laundering Control Act subjects any property involved in or traceable to the offense to forfeiture to the government.
Q:
Criminal fraud is the crime of obtaining title to property through deception or trickery.
Q:
Extortion of public officials is called extortion under color of official right.
Q:
Extortion of private persons is commonly referred to as blackmail.
Q:
The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is offered rejects the bribe.
Q:
Crimes committed by businesspersons are referred to as blue-collar crimes.
Q:
Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within. With this information, Dawson proceeds to file a suit against his son. In the above scenario, which criminal activity is Frank engaging in when faking his father's signature?
A) embezzlement
B) forgery
C) bribery
D) extortion
Q:
Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within. With this information, Dawson proceeds to file a suit against his son. In the above scenario, of which illegal activity are Rhonda and Frank guilty when it came to using Dawson's money for the charity?
A) bribery
B) criminal conspiracy
C) extortion
D) forgery
Q:
Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within. With this information, Dawson proceeds to file a suit against his son. In the above scenario, what illegal activity did the financial accountant of the charity partake in?
A) larceny
B) bribery
C) extortion
D) embezzlement
Q:
Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within. With this information, Dawson proceeds to file a suit against his son. In the above scenario, which of the following crimes has Rhonda Mason committed?
A) forgery
B) bribery
C) embezzlement
D) extortion
Q:
Mark and Jack work as clerks at the New Bank of North America. They plan to rob the bank and manage to get its floor plans. They study the security arrangements and movements of the security personnel of the bank. They even get weapons in case force is required to rob the bank. The police, however, get information about the plan and arrest Mark and Jack before the robbery occurs. Mark and Jack have committed which of the following crimes?
A) criminal conspiracy
B) extortion
C) money laundering
D) larceny
Q:
Richard Bell, an organized crime boss and casino owner, has made a lot of money with his illegal drug operations and illegal gambling. In order to make it look like he earned the drug money legitimately, Richard has hired crooks to take the illegal money and spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings. If he were caught, under which federal law would Richard be tried for his mob activities?
A) Counterfeit Access Device and Computer Fraud and Abuse Act
B) Identity Theft and Assumption Deterrence Act
C) Racketeer Influenced and Corrupt Organizations Act
D) Information Infrastructure Protection Act
Q:
Richard Bell, an organized crime boss and casino owner, has made a lot of money with his illegal drug operations and illegal gambling. In order to make it look like he earned the drug money legitimately, Richard has hired crooks to take the illegal money and spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings. What crime is Richard committing in converting his drug money to alleged legal money?
A) money laundering
B) misappropriation
C) extortion
D) embezzlement
Q:
Which of the following does the Money Laundering Control Act prohibit?
A) the use of mails or wires to defraud another person
B) knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
C) obtaining property from another, with his or her consent, induced by wrongful use of actual or threatened force
D) the fraudulent conversion of property by a person to whom that property was entrusted
Q:
The crime of ________ involves the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear.
A) embezzlement
B) bribery
C) money laundering
D) extortion
Q:
________ is a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return.
A) Bribery
B) Battery
C) Embezzlement
D) Larceny
Q:
________ is the fraudulent conversion of property by a person to whom that property was entrusted.
A) Embezzlement
B) Bribery
C) Forgery
D) Extortion
Q:
The fraudulent making or alteration of a written document that affects the legal liability of another person is called ________.
A) larceny
B) extortion
C) forgery
D) embezzlement
Q:
Which of the following crimes is an example of a white-collar crime?
A) battery
B) larceny
C) arson
D) forgery
Q:
Discuss "receiving stolen property" as a crime.
Q:
Why do governments and defendants enter into plea bargains?
Q:
The willful or malicious burning of a building is called ________.