LAW 421 – QUIZ 2
TORTS; PRODUCT LIABILITY; AND INTELLECTUAL PROPERTY

_________________________________________________________________________

1.

While at a party, Representative Pompus commented that Representative Bluster is an idiot. A reporter overheard this statement and reporter the comment in his weekly TV show, which is widely watched. As a result of the statement, Representative Bluster’s reputation was damaged. Was Representative Pompous guilty of defamation?

A.

No, he didn’t disseminate the information to a third party, the reporter did.

B.

Yes, he has committed libel.

C.

Yes, he has committed slander.

D.

No, he has an absolute privilege as a government official.

2.

Which of the following situations is not a situation in which strict liability applies?

A.

Durable Clothes Co. manufactures clothes that fall apart after minimal use.

B.

Sam sells homemade cookies from his office.

C.

Al owns a gardening service in which he regularly uses toxic chemicals.

D.

Clyde owns a mean dog that he keeps in his yard in a suburban neighborhood.

3.

Phil is an independent computer programmer. He wrote some software for Solutions, Inc. (Solutions). He was paid for the work. Later, Phil decided that he could use this same program as part of some software she was writing for a competitor of Solutions. Solutions sued both Phil and the competitor for use of the software Phil wrote for Solutions.

A.

Solutions will succeed under the principles of patent infringement.

B.

Solutions will succeed under the principles of copyright infringement.

C.

Solutions will succeed under the principles of misappropriation of trade secret.

D.

Solutions will not succeed in its lawsuit.

4.

Ralph was driving on a busy street. As he went through the intersection, he looked down to find his cell phone, causing him to go through a red light and hit another car, which then ran into a utility pole, knocking it down and causing a power loss in the area. It took the utility company several days to restore electricity to the area. Chester sued Ralph because a great deal of food in his freezer spoiled due to the power outage. What will the result be?

A.

Ralph will be liable to Chester because he should have foreseen that taking his eyes off the road could cause Chester’s food to spoil.

B.

Ralph will be liable to Chester because a person is liable for all consequences of the person’s negligence.

C.

Ralph will not be liable to Chester because his conduct was not the proximate cause of Chester’s damages.

D.

Ralph will not be liable to Chester because the damage to Chester was so minor.

5.

The merchant’s privilege with regard to shoplifters requires each of the following except:

A.

the shopkeeper must make a reasonable investigation if possible.

B.

the shopkeeper only may detain the customer for a reasonable time.

C.

the shopkeeper must have an eyewitness or video evidence of the theft.

D.

the shopkeeper must have reasonable cause to stop the customer.

6.

A former employee may not

A.

use specific customer lists obtained from a former employer.

B.

use general knowledge obtained from previous employment.

C.

use specific skills learned from a former employer.

D.

start a business that competes with a former employer.

7.

Which of the following is not true of strict liability?

A.

It is based on state law.

B.

Injury need not occur or be proven.

C.

Intent to injure does not have to be proven.

D.

It primarily applies in defective product and abnormally dangerous situations.

8.

Which of the following does not have to be shown for copyright protection to be granted?

A.

The work has a present or potential value.

B.

The work is fixed in a durable medium.

C.

The work is original.

D.

The work exhibits some degree of creativity.

9.

Which of the following scenarios would most likely result in strict liability?

A.

Ralph owned a dog that escaped from his yard and bit a neighbor.

B.

Ralph bought a meal at a restaurant and cut his mouth when he bit into a piece of hard plastic.

C.

Ralph was injured when some debris entered the stands at a car-racing event and injured him.

D.

Ralph is a maintenance man for Big Box Stores. He washed the floors but failed to put up warning signs. A customer slipped and was injured.

10.

Carol wrote a novel.

A.

Carol may sue in court to enforce her copyrights whether the novel is registered or not.

B.

The novel does not receive copyright protection unless it is registered with the United States Copyright Office.

C.

The novel is copyrighted automatically, once written.

D.

The novel must be published before it can be eligible for copyright protection.

11.

Each of the following is considered trade dress except:

A.

the costume worn by the university mascot at sporting events.

B.

the font and size of print used in a national store’s print advertising.

C.

the UPS brown uniforms and trucks.

D.

the red and white checkered tablecloths at the Seafood Fair, a famous restaurant chain.

12.

Ralph’s manager, Mary, called Ralph into her office after everyone else had gone home for the day. Mary closed the door and told Ralph that he is a thief and that he must return items that he stole from the company. In fact, Ralph didn’t steal anything. Ralph became extremely upset and started to feel sick.

A.

Mary has committed disparagement.

B.

Mary has committed libel.

C.

Mary has committed slander.

D.

Mary has not committed a defamation tort.
13.

Trademark dilution by blurring occurs when

A.

a trademark’s value will be diminished by its use on similar products.

B.

a trademark’s value will be diminished by its use on dissimilar products.

C.

fair use is abused.

D.

all of the above

14.

The fact that the actual negligent act must directly cause the injury is called the:

A.

proximate cause.

B.

misfeasance.

C.

tortfeasance.

D.

cause in fact.

15.

Prof. Finicus, a university professor, was concerned that several of students in his class could not afford to buy the class textbook. It contains 12 chapters and is very expensive. Prof. Finicus told the students who couldn’t afford the textbook that he would make them copies of the four chapters to be discussed in the first semester of the course, at no charge. He made the copies and gave them to the three students. If Prof. Finicus were to be sued for copyright infringement:

A.

Prof. Finicus will win because the fair use doctrine permits use of the work for educational purposes.

B.

Prof. Finicus will lose because he is copying whole sections of the book.

C.

Prof. Finicus will win because he did not copy the entire book but only four chapters of it and he is not making a profit.

D.

Prof. Finicus will lose because, by making and distributing the chapters, he is diminishing the value of the book on the national market.

16.

Tim worked for Taco Tidbits, a company with restaurants throughout the country. The company advertises that its tacos are superior due to its secret blend of herbs and spices used in its taco seasoning. Many restaurants have tried, unsuccessfully, to duplicate the recipe. One day Tim was called into the president’s office and, during their meeting, the president left the room leaving Tim alone. Tim saw an envelope on the desk marked “Taco Seasoning Recipe.” He opened it and saw that it was a recipe for making the taco seasoning. He made a copy of the recipe. Later, he called a competitor of Taco Tidbits and informed it of the information he had and they arranged a meeting.

A.

Neither Tim not the competitor can be guilty of misappropriation, because leaving the recipe on the desk was not guarded it as would be necessary to qualify for trade secret protection.

B.

If Tim sells the recipe to the competitor, both Tim and the competitor are guilty of misappropriation.

C.

If Tim sells the recipe to the competitor, Tim is guilty of misappropriation, but the competitor is not guilty of misappropriation.

D.

If Tim sells the recipe to the competitor, Tim is not guilty of misappropriation, but the competitor is guilty of misappropriation.

17.

Alvin invented a new type of kitchen mixer, which he named MasterMix.   He also wrote the operating manual for the mixer. Alvin could obtain patent protection for

A.

the mixer, the name, and the operating manual.

B.

the name only.

C.

the operating manual only.

D.

the mixer only.

18.

Clem is a reporter for a major news network and was assigned to investigate a story about a man’s death. He interviewed police who stated that they thought it was the man’s girlfriend. When Clem reported this on his TV program, he stated that the investigation was ongoing; however, the girlfriend was the prime suspect. In fact, the police just ruled out the girlfriend, but Clem wasn’t yet been informed of that fact. The next day, the girlfriend was fired from her job.

A.

Clem is guilty of libel for telling a lie that caused injury to the girlfriend.

B.

Clem is not guilty of defamation owing to a qualified privilege.

C.

Clem is guilty of slander for telling a lie that caused injury to the girlfriend.

D.

Clem is not guilty of defamation due to an absolute privilege.

19.

Cybersquatting describes the practice of:

A.

registering multiple domain names and then selling them back to companies at inflated prices.

B.

hacking into a company’s website to install a virus or Trojan horse designed to steal information but allow the site to continue operation.

C.

using mechanical devises to access a company’s website multiple times to the point that traffic to the site is slowed or blocked.

D.

hacking into a company’s website to install a virus designed to cause the company’s website to cease operation.

20.

Bruce developed a new home-use data storage device, which she named MaxiStore. He also wrote an operating manual to be included with each device. Bruce could obtain trademark protection for

A.

the name, but only for a data storage device.

B.

the operating manual only.

C.

the data storage device, the name, and the operating manual.

D.

the data storage device only.

21.

In which of the following situations would res ipsa loquitur likely apply?

A.

Clyde forget to put a sign up to warn people that the floor had just been waxed and was slippery.

B.

Bubba came up behind someone and hit the individual with a stick.

C.

Ralph was driving at 35 mph per hour in a 25 mph zone and caused an accident.

D.

A window fell out of a building and the cause of the accident can’t be proven.

22.

Tina is not good at writing term papers. When she received a recent assignment, she called her friend Bill who agreed to write the paper for her. However, instead of writing the paper, Bill copied a paper from an online site that publishes papers taken from many different sources. When the situation was discovered, an infringement claim was brought. Tina is guilty of:

A.

nothing because Bill infringed on the author’s/publisher’s copyright, not the Tina.

B.

vicarious infringement.

C.

nothing because once a work is published online, the fair use doctrine permits unlimited use of the work without attribution.

D.

indirect/contributory infringement.

23.

While Bill was at a party, someone whom he didn’t know came up behind him and gave him a kiss. Bill was quite surprised and dropped his drink. Bill was not physically harmed by the incident. The unknown person has committed:

A.

nothing, because Bill was unharmed.

B.

assault.

C.

battery.

D.

intentional infliction of emotional distress.

24.

Trade secrets are protectable:

A.

for as long as the company desires.

B.

for seventeen years.

C.

for twenty-three years.

D.

for nine years.

25.

In a products liability case, the plaintiff may pursue legal remedies against the seller under any of the following categories except:

A.

product disparagement.

B.

strict liability.

C.

negligence.
D.

warranty.

At the end of several of the Writing Spaces chapters, you’ll find a section called “Discussion” with questions and activities related to the chapter. Please respond to all of the following:

Carroll: Discussion question #3
Haller: Discussion question #4
Rosenberg: Discussion question #2
Stedman: Discussion activity #2
Each of your answers will need to be at least one well developed paragraph.

here is the link: http://writingspaces.org/essays?order=field_author_essay_value&sort=asc