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Final Project: Court Case Research
This week's assignment is to do research and developing a PowerPoint.
Details, details, details......
You will be researching for a court case from one of these categories:
Property Law
Intellectual Property
Employment Law
Criminal Law
Trademark
Once you have decided on which case you want to research begin developing a PowerPoint.
Title Slide
Minimal of 12 content slides- talk about why you chose that case, talk about the case, talk about the outcome, talk about if you agreed with the case outcome, if so why, if not why not. Details, details, details...
Unit 8 Discussion Board Assignment for PowerPoint
After you have developed your PowerPoint and posted it to be graded.
Post the PowerPoint here for collaboration between your peers.
You will all have different cases, so share and respond to at least 2 of your peers.
This assignment is worth 30 points. More collaboration more points are earned.
Please respond with meaningful 2 paragraph responses
Unit 8 Final Exam
Question 1
2 / 2 pts
Dorian is a private investigator. He was hired to impersonate a customer in order to obtain a company's trade secret. Dorian did not use the trade secret for his own advantage. Instead, he turned the information over to his client. Is Dorian guilty of misappropriation?
Yes, Dorian is guilty of misappropriation because trade secrets enjoy absolute protection under intellectual property law.
No, Dorian is not guilty of misappropriation because he did not use the trade secret himself.
x Yes, because Dorian used impersonation to acquire the trade secret.
No, Dorian is not guilty of misappropriation because the company voluntarily disclosed the trade secret information.d
Question 2
2 / 2 pts
Garrod Smith is a master woodcarver and sole owner of "Smith Custom Doors, LLC." Which of the following advantages applies to his business form?
The business makes Garrod liable for only half of the business' debt.
x The business is a separate legal entity from Garrod Smith.
The business is not a taxable entity.
The business is not taxed as a corporation or sole proprietorship.
Question 3
2 / 2 pts
Michael owns a bowling alley. The bowling alley serves pizza and beer in the restaurant area only. Although workers try to keep the equipment and bowling lane area clean, some patrons still get them dirty with their greasy fingers. Patron Tammy breaks her big toe when she loses grip on greasy bowling ball and drops it on her big toe. Will the bowling alley be held liable for Tammy's broken toe?
x Yes, because the bowling alley is liable for this type of foreseeable accident.
No, the bowling alley will not be held liable because a patron made the bowling ball greasy.
No, the bowling alley will not be held liable because Michael had no knowledge of the dirty equipment.
Yes, because the bowling alley is strictly liable for injuries that occur on its premises.
Question 4
2 / 2 pts
"Widget" is a trademark for a product made by "The Widget Company." Other companies make products very similar to the "Widget." Soon, writers, journalists, and the public begin referring to all such similar products as "widgets." What is the most likely result?
x The Widget Company will lose the trademark unless it takes active steps to protect it.
The other companies will sue The Widget Company for trademark infringement.
The government will act to ensure that the term "Widget" is used according to the trademark law.
The Widget Company does not have to take any action, because its trademark is registered.
Question 5
2 / 2 pts
Every owner in which of the following is jointly and severally liable for the debts and obligations of the organization?
Corporation
Limited liability company
x Partnership
Limited partnership
Question 6
2 / 2 pts
Which of the following is a management tactic for dealing with negotiation breakdown during collective bargaining?
x Lockout
Boycott
Strike
Picket
Question 7
2 / 2 pts
What is the most typical remedy available for a breach of contract?
x Monetary damages
Quantum meruit
Consequential damages
Specific performance
Question 8
2 / 2 pts
If an employer wishes to ensure that an employee does not leave in the future to engage in the same business, the employer is likely to enter into a contract with which of the following?
Strict performance clause
Assignment of rights
x Covenant not to compete
At-will clause
Question 9
2 / 2 pts
In a unilateral contract, the accepting party can only accept with which of the following?
An exchange of consideration
Money
A promise
x An action
Question 10
2 / 2 pts
Which of the following is a type of ADR in which the decisionmaker takes the place of a judge and jury?
Facilitation
Mediation
Negotiation
x Arbitration
Question 11
2 / 2 pts
What is a major drawback of negotiation?
It is court-ordered and therefore less likely to result in an agreement both parties are willing to accept.
It follows strict rules of evidence.
It relies on experts who may be biased in their evaluation of and ultimate ruling on the case.
x It is prone to situations involving unequal bargaining power between the parties.
Question 12
2 / 2 pts
Waldo fell asleep while cooking and his apartment caught on fire. His roommate, Malcolm, was injured when he re-entered the burning apartment to save his sister from the fire. If Malcolm sues Waldo for his injuries, can Waldo successfully defend himself based on assumption of risk?
Yes, because Malcolm entered the burning apartment under his own free will.
Yes, because Malcolm's actions were unreasonable under the circumstances.
No, because Waldo did not try to stop Malcolm from re-entering the burning apartment.
x No, because Waldo was responsible for causing the fire.
Question 13
2 / 2 pts
Advantages of a limited liability company involve all of the following EXCEPT: Select one:
x It is a good choice for going public.
Members can participate in management.
It may be created with only one member.
It is taxed like a partnership.
Question 14
2 / 2 pts
Bernie Madoff committed which of the following when he converted client funds to his own use that were lawfully in his possession?
Money laundering
Extortion
Misappropriation
x Embezzlement
Question 15
2 / 2 pts
The Equal Pay Act of 1963 seeks to do which of the following?
Eliminate the wage gap between upper and middle classes
x Eliminate the wage gap between women and men
Eliminate the wage gap between African Americans and Caucasians
Eliminate the wage gap between middle and lower classes
Question 16
2 / 2 pts
Which of the following is an example of a bilateral contract?
Adele offers to sell her cell phone to Boris for $25; Boris pays Adele $25 and Adele says she will give Boris the cell phone next Saturday.
x Adele says to Boris and her other friends, "If someone gave me a dollar, I'd give them my cell phone;" Boris hands her a dollar
Adele says to Boris and her other friends, "I'd like to sell my cell phone;" Boris says he'll give Adele a dollar; Adele says she'll give the cell phone.
Adele offers to sell her cell phone to Boris for $25; Boris says he will pay Adele $25 for her cell phone next Saturday.
Question 17
2 / 2 pts
A bill of exchange involves how many parties?
x 3
2
5
4
Question 18
2 / 2 pts
Under a joint tenancy in real property, which of the following situations is true?
One joint tenant may sell his or her interest in the property to a third party.
The right of survivorship applies only to married couples
The owners have an undivided interest in the property, equal rights of possession, and a divisible interest.
x The surviving owner has the right of survivorship.
Question 19
2 / 2 pts
In the United States, how long does copyright protection last after the death of the author?
30 years
x 70 years
90 years
50 years
Question 20
2 / 2 pts
If a prospective business owner told you he wanted to organize his business in a way that would result in no registration and allow him to exercise the fullest control, you would likely advise him to choose which of the following business entity types?
Corporation
x Sole proprietorship
Limited partnership
Limited liability company
Question 21
2 / 2 pts
All common law contracts must contain which of the following, meaning there must be a bargained-for exchange of promises or acts, and each party must incur a new legal detriment or obligation?
Valid Considerations
Valid acceptances
x Valid capacities
incorrect Valid offers
Question 22
2 / 2 pts
For intentional torts, the element of intent requires which of the following?
That the tortfeasor acted with malice in harming a person or property
That the tortfeasor intended to harm a person or property
That the tortfeasor had a duty of care that is violated
x That the tortfeasor intended to do the act which caused harm
Question 23
2 / 2 pts
In the United States, both the national government and the state governments can make law. What is this system known as?
Primary law
x Federalism
Stare decisis
Common Law
Question 24
2 / 2 pts
Hazmat Services, Inc. used extreme care when transporting chemicals from a toxic cleanup site. However despite its precautions, chemicals spilled onto the roadway during transport. Several motorists were made sick and were hospitalized due to the chemical fumes. Based on these facts, what cause of action can the sick injured motorists bring against Hazmat Services, Inc.?
x Negligence
Assault
Strict liability
Battery
Question 25
2 / 2 pts
Which of the following is a major disadvantage of a corporation?
Separate legal existence
x Double taxation
Joint and several liability
Limited duration of existence
Question 26
2 / 2 pts
The intentional tort of misappropriation involves which of the following?
x Using another's name, likeness, or other identifying characteristic without permission
Acting inappropriately such that one causes another public embarrassment
Taking goods belonging to another and using them as if the taking party owned them
The taking of money belonging to another without that person's permission
Question 27
2 / 2 pts
As opposed to litigation, which of the following is the form of ADR that provides the most control over the process to the parties?
Negotiation
Facilitation
Arbitration
x Mediation
Question 28
2 / 2 pts
Which of the following statements best describes the Sherman Act?
The Sherman Act allows the US government to regulate the trade of corporation shares on stock exchanges.
The Sherman Act established the United States Securities and Exchange Commission.
x The Sherman Act allows the US government to regulate activities that restrain competition and trade.
The Sherman Act established stronger reporting requirements for boards of public corporations and the managers and accountants who work for them.
Question 29
2 / 2 pts
How does tangible personal property differ from intangible personal property?
x Tangible property cannot be treated as intellectual property; whereas, intangible property can be treated as intellectual property.
Tangible property can be classified as chattel; whereas, intangible property cannot be classified as chattel.
Tangible personal property cannot be sold as fungible property; whereas, intangible property can be sold as fungible property.
Tangible property cannot become a fixture; whereas, intangible property can become a fixture.
Question 30
2 / 2 pts
Which of the following is considered personal property?
x A chandelier hanging from the ceiling of a house
A favorite tree in the backyard of a house.
The bricks in a house that has been constructed.
The bricks for sale at a building supply company
Question 31
2 / 2 pts
Tort law allows an injured party to recover which kind of damages, which are rarely granted under contract law?
Nominal
x Punitive
Consequential
Compensatory
Question 32
2 / 2 pts
Yolanda offers to sell her laptop computer to Zoe for $200; Zoe agrees to pay Yolanda $200 for the laptop; the next day Zoe gives Yolanda $150 and a $50 gift card to a local store in payment. Is Zoe discharged from the contract?
Probably not, because Yolanda doesn't like the store that the gift card is from.
Probably, because in this circumstance substantial compliance would be reasonable.
Probably, because Yolanda has gotten the value she bargained for.
x Probably not, because in this circumstance strict compliance would be reasonable.
Question 33
2 / 2 pts
Which of the following statements about members of the Supreme Court of the United States is true?
They serve as long as the president desires.
They may serve no longer than the age of 65.
They serve a four year term.
x They have life tenure.
Question 34
2 / 2 pts
Which of the following lists the required elements of a valid common law contract?
Offer and acceptance, exchange of money, capacity, legal purpose
Offer and acceptance, exchange of promises, capacity, legal purpose
Offer and acceptance, consideration, capacity, contract in writing
x Offer and acceptance, consideration, capacity, legal purpose
Question 35
2 / 2 pts
Sandbox, Inc. has greatly improved the method for processing silica used in oil drilling. Which of the following would the company need to protect its intellectual property?
Design patent
Trade dress
Copyright
x Utility patent
Question 36
2 / 2 pts
In order to be copyrighted, a work must be original and which of the following?
Registered with the government
In written form
x Fixed in a durable medium
Able to be performed
Question 37
2 / 2 pts
Richie has a paid subscriber-based web site. He has written a decryption program that allows users to circumvent encryption technology movie studios use to prevent piracy. What will result if Richie is sued for copyright violation?
Richie will win, because his decryption software is a form of free speech.
Richie will win, because he has made the decryption software public.
x Richie will lose, because he has violated the anti-circumvention provision of the Digital Millennium Copyright Act.
Richie will lose, because his decryption program is not open-source software.
Question 38
2 / 2 pts
What are Blue Sky Laws?
State and federal regulations that regulate securities industry
Federal regulations that protect air quality
x State regulations that protect investors against securities fraud
Federal regulations that telecommunication airways
Question 39
2 / 2 pts
The Economic Espionage Act is a federal statute in the United States that criminalizes which of the following?
Stealing government financial secrets
Fraud
x Theft of trade secrets
Theft of intellectual property
Question 40
2 / 2 pts
Which of the following occurs when a tenant remains in an apartment after the lease has ended and without the landlord's permission?
x Tenancy at sufferance
Tenancy at will
Tenancy by the entirety
Tenancy in common
Question 41
2 / 2 pts
Which of the following scenarios violates Title VII of the Civil Rights Act of 1964?
A home health company allows clients to choose gender-specific caregivers
x A religiously-affiliated university only hires individuals who are followers of the same faith.
A restaurant refuses to hire anyone under 21 years of age to work at its bar.
A casting director will only hire Native Americans to play roles in a film depicting early the life of Geronimo.
Question 42
2 / 2 pts
Which of the following is a type of negotiable instrument in which the maker warrants to pay a certain amount to the payee?
Bill of exchange
x Promissory note
raft
Money Order
Question 43
2 / 2 pts
A is a less serious criminal offense than a(n) .
felony; misdemeanor
felony;infraction
misdemeanor; infraction
x misdemeanor; felony
Question 44
2 / 2 pts
Which of the following is an example of a felony?
Disturbing the peace
Jaywalking
x Homicide
Trespassing
Question 45
2 / 2 pts
At the commencement of a trial, each party will present an opening statement. Which of the following is true about that statement?
It explains to the judge why certain jurors should be dismissed.
x It describes the facts that will be proven based upon evidence.
It raises objections to questions posed during direct examination of witnesses.
It is argumentative.
Question 46
2 / 2 pts
Quik Meds hired Frank as a delivery driver. Because there was a backlog of deliveries, the company allowed Frank to work pending the outcome of his background investigation. Shortly after he was hired, Frank was caught stealing a customer's purse. The customer was injured in the scuffle over her purse. The customer later sued Quik Meds for negligent hiring. Quik Meds defended itself by arguing it was not liable for an employee's actions. Is this a viable defense?
x No, because Quik Meds failed to conduct a background search on Frank
Yes, because employees are liable for their own torts.
No, because Quik Meds is strictly liable for employee on-the-job conduct.
Yes, because Frank was not acting on behalf of Quik Meds when he engaged in the misconduct.
Question 47
2 / 2 pts
John and his cousin are car enthusiasts and they love to attend car shows. At a car show, John's cousin made him the following promise, "I'll buy your Chevrolet Impala tonight, if I do not spot one that I'm crazy about." In return, John agreed to sell his Chevrolet Impala to his cousin. John's cousin did not find a car that he was crazy about. If the cousin later refuses to buy John's car, can John legally enforce his cousin's promise?
Yes, because the two have a bilateral contract.
Yes, because the cousin did not find a car he was crazy about.
x No, because John never gave his cousin anything of value in exchange for his cousin's promise.
No, because John and his cousin are trying to form a contract that requires a writing under the Statute of Frauds.
Question 48
2 / 2 pts
Cozy Drinks, Inc. sells gourmet coffee grounds in bean-shaped mugs. The company would like to trademark its product. Can it?
Yes, if it the mug's shape calls to mind a particular service mark.
x Yes, if the mug shape is distinctive.
No, because shapes of product containers are protected by patent law.
No, because container shapes are functional and therefore generic.
Question 49
2 / 2 pts
In the United States, anti-discrimination laws modify which doctrine, which holds that an employer can generally terminate an employee for any reason?
x At-will
Wrongful termination
Prevailing wage
Collective bargaining
Question 50
2 / 2 pts
In professional malpractice cases, the plaintiff must prove which of the following?
That the damages are covered by malpractice insurance sufficient to pay the plaintiff
That the defendant did not act with the ordinary care of a reasonable person
That the defendant intended to cause damage to the plaintiff
x That the defendant did not act as a reasonable person in his or her profession would
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