Q&A Hero

Q: Under the exclusionary rule, all illegally obtained evidence must be excluded from any related criminal prosecution.

Q: A suspect cannot be tried twice in the same court for the same crime.

Q: Under the Fourth Amendment, a general search warrant and a general search through a person's belongings are permitted.

Q: There is at least one circumstance in which a person cannot refuse to testify.

Q: Most crimes must be prosecuted within a certain number of years.

Q: A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

Q: The only defense to criminal liability that justifies the use of force is self-defense.

Q: A misdemeanor is a crime punishable only by a fine.

Q: Only blue-collar crimes are prosecuted under RICO.

Q: Divestiture of a business interest is a possible penalty under RICO.

Q: Money laundering includes making "dirty" money "clean" of legitimate businesses.

Q: The crime of bribery occurs when the bribe is offered even if it is not accepted.

Q: A bribe must consist of money to be a crime.

Q: It is not a crime to defraud the public through the use of ads on television.

Q: The intent to return the embezzled property is a defense to the crime of embezzlement.

Q: Crimes occurring in a business context are popularly referred to as white-collar crimes.

Q: Stealing software is not a crime.

Q: It may be a crime to take another's property, but it is not a crime to receive stolen goods.

Q: A person who commits larceny can be sued under tort law.

Q: Corporations, unlike persons, cannot be liable for crimes.

Q: The crime of theft requires the taking of property, without regard to whether the perpetrator knew it belonged to another.

Q: Thinking about killing someone constitutes the crime of attempted murder.

Q: Mens rea refers to the mental state necessary for criminal liability.

Q: Criminal liability depends on the performance of a prohibited act.

Q: A criminal case must be proved beyond a reasonable doubt.

Q: At a criminal trial, the burden of proof is on an accused person to prove his or her innocence.

Q: Only private attorneys prosecute criminal defendants.

Q: A crime can be committed only against persons.

Q: College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of which publications should be included. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

Q: Hawk Corporation begins making and selling motorcycles in 2000 under the mark "Hawk." Ten years later, Hawk.com, Inc., a different company selling medical equipment and supplies, begins to use "hawk" as part of its URL and registers it as a domain name. Can Hawk Corporation stop Hawk.com's use of "hawk"? If so, what must the motorcycle-maker show?

Q: New Apps Company develops "Browser Lite," software to speed the display of graphics on Web sites. Browser Lite has the most copyright protection under A.the Berne Convention. B.the Paris Convention C.the TRIPS Agreement. D.the Madrid Protocol.

Q: Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by A.all of the signatories of the Berne Convention. B.Canada and the United States only. C.Canada only. D.none of the signatories of the Berne Convention.

Q: Chocolate Chip Cookie Corporation (4C) obtains, and gives its employees, a list of the customers of Sugar & Spice Sales, Inc. (3S). Under the law that applies to trade secrets, 4C's conduct is actionable provided A.consumers are confused. B.4C's conduct is intentional. C.4C uses the list. D.4C does not have 3S's permission to use the list.

Q: Ross e-mails Super Snowboard Company's marketing campaign to Winter Sports Corporation, Super's competitor, without its permission. This is A.copyright infringement. B.patent infringement. C.trademark infringement. D.a theft of trade secrets.

Q: RockStar Software, Inc., develops a new series of performance-related video games. This software is most likely protected by A.copyright law. B.patent law. C.trademark law. D.trade secrets law.

Q: The idea for "On Your Mark," a computer game featuring racing cars, is protected by A.copyright law. B.patent law. C.trademark law. D.trade secrets law.

Q: Diamond Financial Planners employs Ella, who is the firm's most productive performer. Ella, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. She takes her list of Diamond clients to induce them to switch to Feldstar. Trade secrets law covers A.Diamond's list of clients. B.Ella's performance. C.Feldstar's commission structure. D.none of the choices.

Q: The process behind the production of "Fast Pace," a racecar video game, is protected by A.copyright law. B.patent law. C.trademark law. D.trade secrets law.

Q: Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission. With respect to songs owned by Natural Recording Company, this is A.copyright infringement. B.fair use. C.licensing. D.protected expression.

Q: Joey reproduces Mina's copyrighted work without paying royalties. Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if A.Joey copies the entire work. B.Joey distributes the copies freely to the public. C.Joey's use has no effect on the market for Mina's work. D.Joey's use is for a commercial purpose.

Q: Cathy uses, on her new recording Drive By, the exact note-for-note melody of a song written by Earl without his permission. This is A.copyright infringement. B.patent infringement. C.trademark infringement. D.a theft of trade secrets.

Q: Mace copies Nick's book, Off the Beaten Path, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is A.copyright infringement. B.fair use. C.licensing. D.protected expression.

Q: Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great Racecar Drivers. Ellen's use of the chapter is actionable provided A.consumers are confused. B.Ellen's use is intentional. C.Ellen's use reproduces Frank's chapter exactly. D.Ellen does not have Frank's permission.

Q: The graphics used in "Go!," a handheld video game featuring racecars, are protected by A.copyright law. B.patent law. C.trademark law. D.trade secrets law.

Q: Fiona invents a new deep-sea fishing net, which she names "Great Catch." She also writes the operating manual to be included with each net. Fiona could obtain copyright protection for A.the net. B.the "newness" of the net. C.the name. D.the operating manual.

Q: In 2012, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara's work is protected A.for ten years. B.for twenty years. C.for the life of the author plus seventy years. D.forever.

Q: RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided A.consumers are confused. B.Steel's conduct is intentional. C.Steel's conduct reduces the value of RiteMade's design. D.RiteMade's design is patented.

Q: Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely A.copyright infringement. B.patent infringement. C.trademark infringement. D.a theft of trade secrets.

Q: Sights Unseen, Inc., (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Corporation later begins to sell scopes with identical set-ups of lenses and mirrors, without SUI's permission, to consumers. This is most likely A.copyright infringement. B.patent infringement. C.trademark infringement. D.not infringement.

Q: Ric designs a new computer storage drive, which he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric could obtain patent protection for A.the storage drive. B.the "newness" of the storage drive. C.the name. D.the operating manual.

Q: Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected A.for ten years. B.for twenty years. C.for the life of the inventor plus seventy years. D.forever.

Q: Mary Kate Corporation allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is A.a license. B.a likelihood of consumer confusion. C.cybersquatting. D.trademark dilution.

Q: Delite Toys, Inc., makes EZ Goo, a famous children's toy. Without Delite's consent, Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed A.copyright infringement. B.patent infringement. C.trademark infringement. D.no actionable violation.

Q: E-Shopping Corporation inserts Fiesta Mall, Inc.'s trademark as a meta tag in E-Shopping's Web site's key-words field without Fiesta's permission in a manner that suggests Fiesta authorized the use. This is A.copyright infringement. B.patent infringement. C.trademark infringement. D.no infringement.

Q: Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is A.a certification mark. B.a collective mark. C.a service mark. D.trade dress.

Q: Trek Transport Company uses a mark associated with its name to distinguish its services from those of other trucking firms. This mark is A.a certification mark. B.a collective mark. C.a service mark. D.trade dress.

Q: Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase A.has a secondary meaning. B.is descriptive. C.is generic. D.means nothing.

Q: Home Products Company and House & Yard, Inc., use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Home Products and House & Yard are not in business together and do not own this mark. This mark is A.a certification mark. B.a collective mark. C.a service mark. D.trade dress.

Q: Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. This mark is A.a certification mark. B.a collective mark. C.a service mark. D.trade dress.

Q: Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided A.consumers are confused. B.Bubbly's use is intentional. C.Bubbly's use reduces the value of Sparkly's mark. D.Sparkly's mark is registered.

Q: In 2010, Online Marketing Corporation registers its trademark as provided by federal law. After the first renewal, this registration A.is renewable every ten years. B.is renewable every twenty years. C.runs for the life of the corporation plus seventy years. D.runs forever.

Q: Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC A.can register the mark for protection. B.cannot register a mark that has been used in commerce. C.has committed trademark infringement. D.must put off registration until the mark is out of use for six months.

Q: Copy Products, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Imitated Goods, Inc. Copy's unauthorized use of the mark constitutes trademark dilution provided A.consumers are confused. B.Copy and Imitated are competitors. C.Copy's use is intentional. D.Copy's use reduces the value of Imitated's mark.

Q: Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely A.copyright infringement. B.patent infringement. C.trademark infringement. D.a theft of trade secrets.

Q: Paula develops a new espresso machine, which she names "Quik Shot." She also writes the operating manual. Paula can obtain trademark protection for A.the espresso machine. B.the "newness" of the espresso machine. C.the name. D.the operating manual.

Q: The Madrid Protocol concerns trademarks.

Q: Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.

Q: Anyone who writes a book has automatic copyright protection in every country in the world.

Q: There are no registration requirements for trade secrets.

Q: Pricing information cannot be a trade secret.

Q: A list of customers cannot be a trade secret.

Q: A marketing technique can be a trade secret.

Q: Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Q: Exchanging pirated, copyrighted works with others is not a crime unless money is involved.

Q: A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

Q: A copy must be exactly the same as the original to infringe a copyright.

Q: Copyright protection is automatic-registration is not required.

Q: It is possible to copyright an idea.

Q: Patent infringement occurs only if an invention is copied in its entirety.

Q: Patent protection begins on the date that a patent is issued.