Stan doesn't like having neighborhood teenagers walking across his yard at night

Question 1

1. Stan doesn't like having neighborhood teenagers walking across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital for his injuries.

	A.	Tim is a trespasser on Stan's property and therefore Stan has the right to strongly discourage anyone from trespassing.
	B.	Stan has no duty toward Tim.
	C.	Stan is not free to inflict intentional injury on a trespasser.
	D.	All of the Above.

2 points

Question 2

1. By law, all apartment buildings in River City must have smoke alarms in the ceilings. Mary suffers smoke inhalation because the smoke alarm in her aprtment building was not yet installed. To win a negligence action against the building's owner, Mary would have to prove

	A.	A duty existed toward her.
	B.	A breach of that duty.
	C.	Injury and causation
	D.	All of Above.

2 points

Question 3

1. The above Question is likely to be characterized as:

	A.	Res Ipsa Loquitur
	B.	Negligence Per Se
	C.	Contributory Negligence
	D.	Assumption of Risk

2 points

Question 4

1. The Adventures of Gabby - Questions 4 - 9

While driving her car in heavy traffic, Gabby is distracted by a cell phone conversation she is having, and as a result causes a multi-vehicle accident on a city street. Gabby is liable to

	A.	all those who were injured.
	B.	only those who were insured.
	C.	only those whose injuries could have been reasonably foreseen.
	D.	only those whose vehicles were closest to Gabby's car.

2 points

Question 5

1. Gabby struck Felix's truck thereby injuring him. Assume Felix's truck contained gasoline fuel, and the collision set off an explosion, injuring Philip, a pedestrian on the street. Is Gabby liable for both Felix's and Philip's injuries?

	A.	Gabby's negligent driving is the proximate cause of only Felix's injury because she directly struck him.
	B.	Gabby's negligent driving is the proximate cause of only Philip's injury because she should have seen him on the sidewalk.
	C.	Gabby's negligent driving is the proximate cause of both Felix and Philip's injuries.
	D.	Gabby is only responsible for injuries she caused to herself, no one else.

2 points

Question 6

1. Assume that the same explosion knocked some bottles off a shelf in a medical laboratory, on the street, directly in front of the accident. Ida, a scientist is hit and hurt by cut glass. Is Gabby liable for Ida's injuries?

	A.	Yes, Gabby's negligent driving is the proximate cause of Ida's injury.
	B.	No, Gabby's negligent driving is NOT the proximate cause of Ida's injury.

2 points

Question 7

1. Assume that the same explosion knocked some bottles off a shelf in a medical laboratory nearly three miles away. Lida, (twin of Ida who is also a scientist) is hit and hurt by cut glass. Is Gabby liable for Lida's injuries?

	A.	Yes, Gabby's negligent driving is the proximate cause of Lida's injury.
	B.	No, Gabby's negligent driving is NOT the proximate cause of Lida's injury.

2 points

Question 8

1. Assume that Gabby herself was injured and rendered unconscious in the collision, and her car set on fire. Assume further that a passerby, Sam Hero, saw her situation and rushed to her aid, but injured himself in so doing. Is Gabby liable for Sam hero's injuries?

	A.	YES
	B.	NO

2 points

Question 9

1. Ozzie is walking across a highway late one night. He is struck and rendered unconscious by a car negligently driven by Gabby (who else)! At a high rate of speed, Gabby drives away, leaving Ozzie lyling helpless in the middle of the road. Assume that Ozzie is run over by another car, driven by Sharon. And had Sharon been paying attention to where she was going she could have avoided hitting Ozzie. Is Gabby liable for the additional injuries suffered by Ozzie as the result of being run over by Sharon's car?

	A.	Yes, both Sharon's and Gabby's negligent driving is the proximate cause of Ozzie's injury.
	B.	No, Gabby's negligent driving is NOT the proximate cause of Ozzie's injury. It's all Sharon's fault because she struck Ozzie last.

2 points

Question 10

1. Assume that a passerby, Mug, sees Ozzie unconscious in the road, realizes that Ozzie is helpless and proceeds to rob Ozzie of his wallet and watch. Is Gabby liable to Ozzie for the loss of the wallet and watch?

	A.	Yes, Gabby is liable for Mug's theft of Ozzie's wallet and watch.
	B.	No, Gabby is NOT liable for Mug's theft of Ozzie's wallet and watch.

2 points

Question 11

1. Bob is walking along the beach when he sees Helen in the water, her arm in the air. He looks more closely and sees that she is drowning, not waving. He shrugs and waves back before walking off the beach.

	A.	Bob owed a duty to save Helen because it was foreesable that she would drown if he made no effort to do so.
	B.	Bob would only owe a duty to try to save Helen if he had some special ability, such as being a strong swimmer or having lifeguard training.
	C.	Bob did NOT owe Helen a duty because the law does not require one person to take positive steps for the safety of another.
	D.	Bob would owe Helen no duty unless he was related to her.

2 points

Question 12

1. The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of:

	A.	Res Ipsa Loquitur
	B.	Proximate Cause and Foreseeability
	C.	Negligence Per Se
	D.	Assumption of the Risk

2 points

Question 13

1. The doctrine of Res Ipsa Loquitur would permit the court to infer negligence in which of the following situations?

	A.	A ladder rung broke under the weight of a worker's foot.
	B.	A baseball striking a spectator at a ball game.
	C.	A dead tree limb overhanging the sidewalk fell onto your head.
	D.	All of Above

2 points

Question 14

1. Avery buys a wrapped and sealed package of Oreo cookies. He takes it home, opens the sealed wrapper, eats a cookie and is injured by a tiny metal coil embedded in a cookie. Avery sues the Manufacturer. Under what theory of negligence would Avery likely win his lawsuit?

	A.	Assumption of Risk
	B.	Res Ipsa Loquitur
	C.	Negligence Per Se
	D.	Proximate Cause and Foreseeability

2 points

Question 15

1. A sports spectator who is struck by a fly ball during a baseball game will unlikely be successful in suing the school because of the doctrine of:

	A.	Assumption of Risk
	B.	Res Ipsa Loquitur
	C.	Negligence Per Se
	D.	Proximate Cause

2 points

Question 16

1. A rule in tort that completely bars the plaintiff from recovering any danages if the damage suffered is partly the Plaintiff's own fault; used in only a minority of States, is:

	A.	Res Ipsa Loquitur
	B.	Assumption of Risk
	C.	Comparative Negligence
	D.	Contributory Negligence

2 points

Question 17

1. A rule in tort law that reduces the Plaintiff's recovery in proportion to the Plaintiff's degree of fault rather than barring recovery completely, used in majority of States; is

	A.	Res Ipsa Loquitur
	B.	Assumption of Risk
	C.	Comparative Negligence
	D.	Contributory Negligence

2 points

Question 18

1. While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Carl was 60% negligent and that Darla was 40% negligent. Darla's injuries are $10,000. This accident occurred in a State following the contributory negligence theory of recovery.

	A.	Darla will recover $10,000.
	B.	Darla will not recover anything.
	C.	Darla will recover $6,000.
	D.	Darla will recover $4,000.

2 points

Question 19

1. While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Carl was 60% negligent and that Darla was 40% negligent. Darla's injuries are $10,000. This accident occurred in a State following the comparative negligence theory of recovery.

	A.	Darla will recover $10,000.
	B.	Darla will not recover anything.
	C.	Darla will recover $6,000.
	D.	Darla will recover $4,000.

2 points

Question 20

1. Which of the following activities give rise to Strict Liability?

	A.	Keeping Animals
	B.	Performing Abnormally Dangerous Activities
	C.	Selling Defective, Unreasonably Dangerous Products
	D.	All of Above

2 points

Question 21

1. Beauty & the Beast's label states that it's manufactured hair dye is intended solely for use on the scalp. No specific warning that this product is hazardous or harmful to the eyes is featured on its packaging. Nell purchases the hair dye, uses it on her eyebrows and a drop gets into her eye, causing a severe injury. What is Nell's theory in her lawsuit against Beauty and the Beast?

	A.	Assumption of Risk
	B.	Negligence Per Se
	C.	Strict Liability of Defective Product
	D.	None of the Above - Nell has no cause of action.

2 points

Question 22

1. Which of the following products would impose Strict Liability?

	A.	Popcorn containing large amounts of genuine butter.
	B.	150-proof Virgin Island Rum
	C.	A chainsaw sold without a safety shield
	D.	A Ferrari race car

2 points

Question 23

1. Which of the following would constitute a DEFECT?

	A.	A chair with legs designed to attached with screws and glue but on arrival the chair lacks any glue.
	B.	A small car designed to have the fuel tank next to the rear axle.
	C.	A flammable liquid bottled in a container without a warning label to warn users of the danger.
	D.	All of the Above.

2 points

Question 24

1. Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cornmeal for the chickens. The chickens died and the neighbor sues. What is the likely result?

	A.	Cal is not liable because he was not negligent in his spraying operation.
	B.	Cal is liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence.
	C.	Cal is liable because spraying pesticides is an abnormally dangerous activity.
	D.	Cal is not liable for the damages because of contributory negligence.

2 points

Question 25

1. D-Struct Company is a demolition firm. During a D-Struct operation, Earl a passerby, is injured. Under the theory of Strict Liability, D-Struct is liable

	A.	only if Earl's injury was reasonably foreseeable.
	B.	only if D-Struct's crew intended to injure Earl.
	C.	only if D-Struct's crew was at fault.
	D.	whether or not D-Struct's crew was at fault.

2 points

Question 26

1. Intellectual Property consists of which of the following?

	A.	Trade Secrets
	B.	Patents
	C.	Trademarks
	D.	Copyright
	E.	All of the Above

2 points

Question 27

1. What is the current term for copyright protection on a written work, i.e. a book?

	A.	95 years from the date of the publication or 120 years from the date of creation, whichever comes first
	B.	Life of the author plus 50 years.
	C.	Life of the author plus 90 years
	D.	Life of the author plus 70 years

2 points

Question 28

1. You run across a poem of an author who died in 1925. You want to use the poem on your website. Can you use the poem without the author's permission?

	A.	You can freely use the poem as any copyright has expired and the poem is in the public domain.
	B.	You cannot use the poem as the copyright has NOT expired.
	C.	You must first ask permission to use the poem.
	D.	There has never been any restriction as to using the poem.

2 points

Question 29

1. Wanda has a great idea for a novel, but she won't have time to write until maybe some time next year. She may protect her idea by means of:

	A.	Patent
	B.	A Copyright
	C.	tration of the Idea
	D.	An idea that has not yet been developed into a tangible form cannot be protected.

2 points

Question 30

1. A sculptor wishes to protect one of his original works. He may do so by applying for a

	A.	Copyright
	B.	Patent
	C.	Trademark
	D.	All of the Above

2 points

Question 31

1. Your client wishes to record and make 2000 copies of a cover of a copyrighted song (Beyonce Single Girls). The easiest way to do this is to

	A.	Obtain trademark permission
	B.	Obtain a license from the Harry Fox Agency
	C.	Write Beyonce a letter
	D.	Just use the music

2 points

Question 32

1. Cathy uses, on her new recording Drive By, the melody of a song written by Earl, without Earl's permission. This is

	A.	Copyright Infringement
	B.	Patent Infringement
	C.	Trademark Infringement
	D.	None of Above

2 points

Question 33

1. The McDonald's "golden arches" can be protected under

	A.	Patent law
	B.	Copyright law
	C.	Trademark law
	D.	Trade Secret law

2 points

Question 34

1. How long does trade secret protection last?

	A.	Indefinitely, as long as the secrecy last
	B.	Forever, regardless of whether the information remains secret
	C.	For 20 years from the date of first use
	D.	None of the Above

2 points

Question 35

1. What are some of the remedies available for copyright infringement?

	A.	Injunction
	B.	The impoundment and destruction of infringing product
	C.	Actual damages plus profits
	D.	Seek costs and Reasonable attorneys' fees to the winning party and criminal penalties for willful infringement
	E.	All of Above

2 points

Question 36

1. The process by which labor and management negotiate the terms and conditions of employment, including wages, benefits, working conditions, and other matters is known as

	A.	Collective Bargaining
	B.	Res Ipsa Loquitur
	C.	Reverse Discrimination
	D.	Employment at Will

2 points

Question 37

1. Fixit Company employs Wesley as a full-time mechanic. One day while welding a frame to a sports car, Wesley paid no attention to a clearly visible oil leak dripping from the engine of the car. The welding torch ignited the oil, causing a fire in which Wesley was burned. Which of the following best describes the rights of the parties?

	A.	Fixit is liable to Wesley under a Workers' Compensation Law and must pay him benefits despite the fact that Wesley was contributorily negligent when he ignored the oil leak.
	B.	Wesley cannot recover Workers' Compensation benefits because he was negligent.
	C.	Fixit is not liable to pay Wesley Workers' Compensation benefits since this was an accident and Wesley was at fault.
	D.	Wesley's only action is to bring a lawsuit against Fixit, he would not be eligible to seek Workers Compensation benefits.

2 points

Question 38

1. Cody believes that Delta Company has discriminated against him on basis of gender. Cody files a lawsuit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that

	A.	Cody is a member of a protected class
	B.	Delta has no legal defenses against the claim
	C.	Discriminatory intent motivated Delta's act
	D.	Other firms in Delta's industry have committed discriminatory acts

2 points

Question 39

1. Standard Company denies a promotion to Tony, a member of a minority, when he fails to pass a required test. Few members of minorities have passed the test. The number of promoted employees who are members of minorities does not reflect their percentage in the local labor market. In a lawsuit against Standard, if Tony can show a connection between the test and the number of promoted minority members

	A.	It must be proved that Standard had discriminatory intent.
	B.	It must be proved that Standard has other discriminatory practices.
	C.	It must be proved that the test has discriminatory purpose.
	D.	No evidence of discriminatory intent is necessary.

2 points

Question 40

1. Holly files an employment, gender-based discrimination lawsuit against Imperial Company under Title VII, on a disparate-impact theory. Too succeed, Holly must show that Imperial hires fewer women than the percentage of

	A.	Qualified women in the local labor market
	B.	Qualified women in the United States
	C.	Women in Imperial's state.
	D.	Women who apply to Imperial for work

2 points

Question 41

1. Karen, manager of Liberty Insurance Company in Metro City, decides to replace the office's male employees with females. Within a year, all of the male employees have either quit or have been fired. One of the male fired employees brings a Title VII lawsuit. Karen's conduct is a violation of

	A.	No law.
	B.	The Age Discrimination in Employment Act.
	C.	The Americans with Disabilities Act.
	D.	Title VII of the Civil Rights Act.

2 points

Question 42

1. Alice replaces Ben in his job at Commercial Business Company. Ben believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply

	A.	Alice must be 40 years of age or older
	B.	Ben must be 40 years of age or older
	C.	All parties must be 40 years of age or older.
	D.	Commercial Business Company must have been in existence for at least 40 years

2 points

Question 43

1. In the above Question, to succeed, with an age discrimination claim against Commercial Business Company, Ben will have to show that

	A.	Alice is not qualified for Ben's job.
	B.	Ben is qualified for his job.
	C.	Commerical Business Company's qualifications for Ben's job are too high.
	D.	No one could do Ben's job as well as he could.

2 points

Question 44

1. Dan is a Democrat, Eve is blind, and both work for First National Bank. Considered disabled under the Americans with Disabilities Act

	A.	Are Dan and Eve.
	B.	Is Dan only.
	C.	Is Eve only.
	D.	Is neither Dan or Eve.

2 points

Question 45

1. Abel is an alcoholic, Baker is morbidly obese, and both work for Charlie Company. Considered disabled under the Americans with Disabilities Act

	A.	Are Abel and Baker.
	B.	Is Abel only.
	C.	Is Baker only.
	D.	Is neither Abel nor Baker.

2 points

Question 46

1. Sophisticates, a women's clothing store, employs female attendants to assist female customers in the dressing rooms. Tom, a male, applies for the attendant's job, but is not hired. In Tom's lawsuit against Sophisticates for employment discrimination under Title VII, the store has

	A.	An affirmative action defense.
	B.	A bona fide occupational qualification defense.
	C.	A Reverse Discrimination defense.
	D.	A Seniority Merit Plan.

2 points

Question 47

1. United Industrial Corp. gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

	A.	a Bona Fide Cccupational practice.
	B.	Employment at Will
	C.	a Defect.
	D.	Reverse Discrimination.

2 points

Question 48

1. In a Title VII case, discrimination exists if the Plaintiff

	A.	Is within a Protected Class
	B.	Applied for an open employment position
	C.	Was qualified for the position
	D.	Was denied, and the employer continued to recruit for the position.
	E.	None of the Above are necessary for a Title VII case.
	F.	All of the above are needed (A), (B) (C) and (D) for a Discrimination case.

2 points

Question 49

1. _________________________________________ occurs when an employer intentionally discriminates against an employee who is a member of a protected class.

	A.	Reverse Discrimination
	B.	Employment at Will
	C.	Disparate Treatment Discrimination
	D.	Disparate Impact Discrimination

2 points

Question 50

1. Ace Manufacturing Company requires its workers to have a high school diploma and pass an IQ test. In a lawsuit against Ace under Title VII, these testing requirements are shown to have a discriminatory effect. This type of discrimination is known as

	A.	Affirmative Action
	B.	Reverse Discrimination
	C.	Disparate Impact Discrimination
	D.	Disparate Treatment Discrimination