Q&A Hero

Q: In the United States, a patent is given to the first person to file for it.

Q: A patent applicant must demonstrate that the invention, discovery, or design is commercially practicable to receive a patent.

Q: In the United States, a patent is given to the first person to invent a product or process.

Q: A license permits the use of intellectual property for certain limited purposes.

Q: Because the Internet is vast, the unauthorized use of another's mark in a domain name is generally permissible.

Q: A trade name cannot be registered with the federal government if it is also a trademark.

Q: Trade dress has the same legal protection as trademarks.

Q: A collective mark distinguishes products that are likely to be of interest to collectors.

Q: A certification mark distinguishes products approved, or "certified," by the government.

Q: A service mark distinguishes products used, or "put into service," by the government.

Q: A generic term is not protected under trademark law unless it acquires a secondary meaning.

Q: A personal name is not protected under trademark law unless it acquires a secondary meaning.

Q: A suggestive use of ordinary words may not be trademarked.

Q: An arbitrary use of ordinary words may not be trademarked.

Q: A fanciful use of ordinary words may be trademarked.

Q: A party who unintentionally uses the trademark of another is not liable for trademark infringement.

Q: A trademark must be registered to support a trademark infringement action.

Q: A famous trademark may be diluted only by the unauthorized use of an identical mark.

Q: Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

Q: In Case 5.1, Coca-Cola Co. v. The Koke Co. of America, the United States Supreme Court upheld an injunction prohibiting competing beverage companies from calling their products "Koke."

Q: Dru tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only ifA.a coworker believes it.B.Fiona feels as if she were falsely imprisoned.C.the statement is TRUE.D.the statement is false.

Q: Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender. The statement is defamatory only ifA.a neighbor repeats it.B.Ked suffers emotional distress.C.the statement is TRUE.D.the statement is false.

Q: Louis-larger and stronger than Mica-threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for A.assault and battery. B.assault but not battery. C.battery but not assault. D.neither assault nor battery.

Q: Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury A.if Ike intended to push Joan. B.only if Ike did not intend to break Joan's arm. C.only if Ike had a bad motive for pushing Joan. D.only if Ike intended to break Joan's arm.

Q: An Internet service provider cannot be held liable for disseminating defamatory remarks under any circumstances.

Q: Under the doctrine of strict liability, liability is imposed strictly according to fault.

Q: The extreme risk of an activity is a primary basis for imposing strict liability.

Q: Under a dram shop act, liability can be imposed without proof of negligence.

Q: Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to the individual.

Q: The doctrine of negligence per se applies if an event causing harm does not normally occur in the absence of negligence.

Q: Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration.

Q: Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

Q: An assumption of risk defense does not require that a risk be voluntarily assumed.

Q: Self-defense is a defense to negligence.

Q: Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

Q: Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

Q: For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant's act.

Q: To avoid liability for negligence, a business owner must protect its patrons against all risks.

Q: To determine whether a duty of care has been breached, a judge asks how he or she would have acted in the same circumstances.

Q: If no harm results from an allegedly negligent act, there is no liability.

Q: If an actor's conduct creates no risk, there is no negligence.

Q: Publishing false information about another's product is conversion.

Q: Disparagement of property is another term for slander of quality.

Q: Good intention is a complete defense to conversion.

Q: A failure to return personal property is conversion even if the rightful owner consented to the initial taking.

Q: If it can be shown that a trespass to personal property was warranted, a complete defense exists.

Q: If it can be shown that a trespass to land was warranted, a complete defense exists.

Q: Any lawful contract can form the potential basis for an action based on wrongful interference with a contractual relationship.

Q: Fraud occurs only when there is reliance on a statement of opinion.

Q: An individual's right to privacy includes the exclusive use of his or her identity.

Q: The public disclosure of private facts about a person is not an invasion of privacy if it is done without the person's knowledge or consent.

Q: Defamation is one person's use of another's name without permission.

Q: A party cannot recover damages for severe emotional distress absent a showing of physical injury.

Q: Consent is a defense to an allegation of assault, but not battery.

Q: False imprisonment occurs when a person restrains another intentionally and without justification.

Q: Tortfeasor is the term for a person who commits a tort.

Q: To commit an intentional tort, one person must intend to harm a certain other person.

Q: Punitive damages are intended to punish a wrongdoer and deter others.

Q: The purpose of tort law is to provide remedies when various protected interests have been invaded.

Q: After two years of research and an investment of a substantial amount of money, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical product. CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development. What legal recourse does CC have against National?

Q: Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system. Retail Outlets, Inc, Quik's competitor, induces Sam, a Precise subcontractor who is writing code for the Quik software, to delay delivery of the code for one week. As a result, Precise's delivery of the software is delayed, and Quik sustains $500,000 in lost profits. On what ground could Quik recover damages from Retail Outlets?

Q: Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark is A.Oakley. B.Pierre. C.Roominate. D.SocNet.

Q: Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of A.cyber torts. B.intentional torts. C.product liability. D.unintentional torts.

Q: Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to A.Evon and Flip but not Gina. B.Evon and Gina but not Flip. C.Evon, Flip, and Gina. D.none of the parties.

Q: An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Key, a patron, is injured. Jack's has committed A.a dram shop act. B.contributory negligence. C.negligence per se. D.res ipsa loquitur.

Q: George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is A.assumption of risk. B.negligence per se. C.res ipsa loquitur. D.strict liability.

Q: A state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine. Steel Company's (SC's) equipment does not have the switches. Trudy, an SC employee, suffers an injury that an accessible shut-off switch would have prevented. Trudy's best theory for recovery against SC is A.assumption of risk. B.negligence per se. C.res ipsa loquitur. D.strict liability.

Q: Frank slips and falls on Guy's Harbor Tour Boat and is injured. Frank files a suit against Guy's for $500,000. If Frank is 20 percent at fault and Guy's is 80 percent, under the "50 percent rule" comparative negligence principles, Frank would recover A.$0. B.$250,000. C.$400,000. D.$500,000.

Q: Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is A.assumption of risk. B.contributory negligence. C.negligence per se. D.superseding cause.

Q: Clyde enters Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks A.attributable to the Decathlon in any way. B.different from the risks normally associated with the Decathlon. C.greater than the risks normally associated with the Decathlon. D.normally associated with the Decathlon.

Q: Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks A.attributable to the Triathlon in any way. B.different from the risks normally associated with the Triathlon. C.greater than the risks normally associated with the Triathlon. D.normally associated with the Triathlon.

Q: Caleb is driving a car in which Dotty is a passenger when an accident occurs. Caleb and Dotty are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dotty on a negligence theory because A.both parties were emotionally rattled. B.Caleb did not apparently intend to cause an accident. C.Dotty must have been comparatively negligent. D.Dotty was not injured.

Q: Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to A.all those who were injured. B.only those who were uninsured. C.only those whose injuries could have been reasonably foreseen. D.only those whose vehicles were closest to Ralph's van.

Q: Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of A.a blameless individual. B.a faultless ordinary person. C.a reliable professional. D.a reasonable physician.

Q: Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Bargain Mart's employees are not aware of the spilled soda until Cody falls. In a suit against Bargain Mart, Cody will most likely A.lose, because Bargain Mart's employees were not aware of the spill. B.lose, because Cody should have exercised more care. C.win, because Bargain Mart can recover from the soda bottler. D.win, because the spilled soda was foreseeable.

Q: Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of A.all risks. B.hidden risks. C.obvious risks. D.no risks.

Q: Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of care as A.ordinary persons. B.other engineers. C.other professionals, including doctors, dentists, and lawyers. D.those injured in the collapse of the bridge.

Q: Kelly is injured when she slips and falls on Layla's sidewalk. To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of A.a realistic person. B.a reasonable person. C.a recognizable person. D.a reliable person.

Q: Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as A.a blameless person. B.a faultless person. C.a reliable person. D.a reasonable person.

Q: In newspaper ads, Lo-Price Autos falsely accuses My-T Value Vehicles, a competitor, of selling stolen cars. My-T's sales decrease. Lo-Price has most likely committed A.slander of quality. B.slander of title. C.wrongful interference with a business relationship. D.none of the choices.