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Tort law provides remedies for acts that cause personal injury but not for acts that interfere with physical security.
F
The goal of tort law is to put a defendant in the position that he or she would have been in had the tort occurred to the defendant.
F
Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing.
T
Two notions serve as the basis for all torts: wrongs and compensation.
T
A successful defense releases the defendant from partial or full liability for a tortious act.
T
There are three broad classifications of torts: intentional torts, unintentional torts, and accidental torts.
F
Moral pressure constitutes false imprisonment.
F
When outrageous conduct consists of speech about a public figure, the First Amendment’s guarantee of freedom of speech limits emotional distress claims.
T
A misrepresentation leads another to believer in a condition that is different from the condition that actually exists.
T
Abuse of process applies to any person using a legal process against another in an improper manner.
T
For fraud to occur, seller’s talk must be involved.
F
Specifically targeting the customers of a competitor is always a legitimate business practice.
F
The tort of trespass to land is designed to protect the right of an owner to exclusive possession.
T
Most states do not allow automobile repair shops to hold a customer’s car when the customer refuses to pay for repairs already completed.
F
Failure to live up to a standard of care may be an act or an omission.
T
The duty to exercise reasonable care requires storeowners to warn business invitees of all risks.
F
Judges use proximate cause to limit the scope of a defendant’s liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant’s negligence.
T
Negligence per se may occur if an individual violates a statute or an ordinance providing for a criminal penalty and the violation causes another to be injured.
T
Courts apply the assumption of risk doctrine only in emergency situations.
F
Under the doctrine of comparative negligence, only the plaintiff’s negligence is computed and the liability for damages is distributed accordingly.
F
Hayley is injured in an incident precipitated by Isolde. Hayley files a tort action against Isolde, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are
a. compensatory damages.
b. reimbursement damages.
c. actual damages.
d. punitive damages.
A
Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue
a. Ladd.
b. Minh.
c. the rightful owner of the rock.
d. no one.
A
Luella trespasses on Merchandise Mart’s property. Through the use of reasonable force, Merchandise Mart’s security guard Norris detains Luella until the police arrive. Merchandise Mart is liable for
a. assault.
b. battery.
c. false imprisonment.
d. none of the choices.
D
Jackie, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ked of being a convicted thief. The statement is defamatory if
a. a recipient of one of the handbills repeats it.
b. Ked suffers emotional distress.
c. the statement is true.
d. the statement is false.
D
Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer design program to show a famous model using Jayne’s lipstick. Jayne does not ask the model’s permission. The model can sue Jayne for
a. battery.
b. fraudulent misrepresentation.
c. defamation.
d. appropriation.
D
Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for
a. trade libel.
b. conversion.
c. fraudulent misrepresentation.
d. appropriation.
C
Jenny Lee is an appliance salesperson. To make a sale, she asserts that a certain model of a Kitchen Helper refrigerator is the “best one ever made.” This is
a. fraud if the statement is not true.
b. fraud if Jenny Lee believes that this statement is not true.
c. fraud if Jenny Lee is stating her opinion, not the facts.
d. not fraud.
D
Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Gooey Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora’s customers. Dom is most likely liable for wrongful interference with a
a. bargaining relationship.
b. business relationship.
c. contractual relationship.
d. customer relationship.
B
OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
a. appropriation.
b. wrongful interference with a contractual relationship.
c. no tort.
d. wrongful interference with a business relationship.
C
In advertising circulars, Lo-Price Autos falsely accuses Hi-Value Vehicles, a competitor, of selling stolen cars. Hi-Value’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.
B
Oakes enters Parnell’s property to read an electric meter. Parnell asks Oakes to leave. Oakes refuses. Oakes has most likely committed
a. trespass to land.
b. trespass to personal property.
c. slander of title.
d. no tort.
A
Fifi, a clerk at a Games n’ Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for
a. appropriation.
b. conversion.
c. malicious prosecution.
d. wrongful interference with a business relationship.
B
Bette backs out of City Parking Garage, colliding with Dill’s car and thereby causing damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as
a. a blameless person.
b a faultless person.
c. a professional person.
d. a reasonable person.
D
Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dufy on a negligence theory because
a. both parties were emotionally rattled.
b. Caleb apparently did not intend to cause an accident.
c. Duffy must have been comparatively negligent.
d. Duffy was not injured.
D
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.
B
Rafi, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Rafi 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 Rafi’s van.
C
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. Keely, a patron, is injured. Jack’s has committed
a. a violation of a dram shop act.
b. negligence per se.
c. res ipsa loquitur.
d. a violation of a Good Samaritan statute.
B
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.
D
Oliver slips and falls on Port Harbor’s Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent, under the “50 percent rule” comparative negligence principles, Oliver would recover
a. $0.
b. $250,000.
c. $400,000.
d. $500,000.
C
Precision Crafted Tools, Inc., makes tools for consumers and construction professionals. While using a Precision Crafted tool to replace an electrical fixture, Quinn neglects to shut off the power and is electrocuted. Quinn’s heirs file a suit against Precision Crafted. In a contributory negligence jurisdiction, the plaintiffs could recover
a. only if both parties were equally at fault.
b. only if Quinn was less than 50 percent at fault.
c. only if Precision Crafted was more than 51 percent at fault.
d. nothing.
D
More than two hundred years ago, the Declaration of Independence recognized the importance of protecting creative works.
F
States do not have trademark statutes.
F
Trademarks may be registered only with the federal government.
F
A service mark distinguishes products used by those in public service.
F
A famous trademark may be diluted only by the unauthorized use of an identical mark.
F
Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine trademarked goods.
F
A trade name can be protected under the common law, but only if it is unusual or fancifully used.
T
A license permits the use of another’s intellectual property for certain purposes.
T
A patent applicant must demonstrate that an invention is “commercially practicable” to receive a patent.
F
With a few exceptions, almost anything is patentable.
T
The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.
F
For an infringement of copyright to occur, the reproduction must be exactly the
same as the original.
F
An exception to liability for copyright infringement is made under the “fair use” doctrine.
T
All aspects of software are protected by copyright law.
F
Technology has limited the potential for copyright infringement via the Internet.
F
Protection of trade secrets extends both to ideas and to their expression
T
Production techniques are not trade secrets.
F
The theft of trade secrets is a federal crime.
T
Under the Madrid Protocol, a company can register its trademark in more than one country with a single application.
T
Under the Anti-Counterfeiting Trade Agreement, member nations are required to establish border measures that allow officials to search commercial shipments of imports and exports for counterfeit goods.
T
Savory Bean Company makes and sells a sweet espresso coffee beverage under the name “Sugar Sugar.” Tropic Roast, Inc., later markets a similar drink under the name “Sweet Sweet.” This is most likely
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. not infringement.
C
Effervescent Egg Cream Company’s trademark is used by Fizzy Drinks without its owner’s permission. Fizzy’s use of the mark is actionable provided that
a. consumers are confused.
b. Fizzy’s use is intentional.
c. Fizzy and Effervescent are competitors.
d. Effervescent’s mark is registered.
A
In 2014, Cloud Computing 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.
A
Gold & Sweet Company bottles and sells maple syrup from its plant in Vermont. On the labels is a logo that states “100% Genuine New England Maple Syrup Certified by the Northeast Maple Syrup Harvesters Association.” This logo is
a. a certification mark.
b. none of the choices.
c. a service mark.
d. trade dress.
A
Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her character’s name as
a. a certification mark.
b. a trade name.
c. a service mark.
d. none of the choices.
C
René operates The Spicy Chocolatier Café chain of restaurants. “The Spicy Chocolatier Café” is
a. a certification mark.
b. none of the choices.
c. a service mark.
d. a trade name.
D
Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers’ trademark as part of its company advertising. This is
a. a license.
b. a likelihood of consumer confusion.
c. a generic use.
d. trademark dilution.
A
GreatGro, Inc., makes genetically modified seeds with properties that are identical to Hearty Harvest Corporation’s patented seeds, without Hearty Harvest’s permission. This is most likely
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. not infringement.
B
Odell invents “Profits Unbound,” new stock-trading algorithm software, and applies for a patent. If Odell 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.
B
NoGas, Inc., designs and makes a non-fuel propulsion system that copies parts of Omni Momentum Corporation’s designs without Omni’s permission. This is most likely
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. not infringement.
B
In 2014, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly’s work is protected
a. for ten years.
b. for twenty years.
c. for the life of the author plus seventy years.
d. forever.
C
Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by
a. copyright law.
b. patent law.
c. trademark law.
d. none of the choices.
A
Milo publishes a book titled No Equals, which includes a chapter from Paige’s copyrighted book Olympic Champions. Milo’s use of the chapter is actionable provided that
a. consumers are confused.
b. Milo’s use is intentional.
c. Milo’s use reproduces Paige’s chapter exactly.
d. Milo does not have Paige’s permission.
D
Giancarlo copies Hedrick’s book, Information Free, in its entirety and sells it to Justice Fair Books, Inc., without Hedrick’s permission. Justice Fair publishes it under Giancarlo’s name. This is
a. copyright infringement.
b. fair use.
c. licensing.
d. protected expression.
A
Kamal reproduces Lorena’s copyrighted work “Musica” without paying royalties. Kamal is most likely excepted from liability for copyright infringement under the “fair use” doctrine if
a. Kamal copies the entire work.
b. Kamal distributes the copies without charge to the public.
c. Kamal’s use has no effect on the market for Lorena’s work.
d. Kamal’s use is for a commercial purpose.
C
Damien buys a copy of the book Exchange. Later, after reading the book, Damien sells it to his sister. Under the first sale doctrine, Damien’s sale of the book is
a. legal.
b. legal only if the copyright has expired.
c. legal only if Damien sells it for less than he paid for it.
d. illegal.
A
Robyn, an employee at Social Media, Inc., is laid off. Before he leaves, he e- mails Social Media’s marketing campaign to Tweets & Trades Corporation, Social Media’s competitor, without permission. This is
a. a sneaky but legal method of competing with a business rival.
b. a secretive but lawful way to exact revenge on a supervisor.
c. a simple, legitimate attempt to create a job opportunity.
d. a theft of trade secrets.
D
The idea for “Prices & Profit,” an app that businesses can use to control their
revenue, profits, and payrolls, is protected by
a. copyright law.
b. patent law.
c. trademark law.
d. trade secrets law.
D
Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if
a. P&P employees do not divulge the information to outside parties.
b. P&P employees do not handle confidential documents.
c. P&P employees never leave the company’s employ.
d. the information is unique and has value to a competitor.
D
Siri downloads and sells, in international markets via the Internet, e-textbooks without the authors’ or publishers’ permission. The international treaty that applies to pirated copyrighted works being distributed via the Internet is
a. the Federal Trademark Dilution Act.
b. the Madrid Protocol.
c. the Trade-Related Aspects of Intellectual Property Rights agreement.
d. the Anti-Counterfeiting Trade Agreement.
D
The extreme risk of an activity is a defense against imposing strict liability.
F
People who keep domestic animals are strictly liable for any harm inflicted by the animals.
F
Misrepresentation in an ad is enough to show an intent to induce the reliance of anyone who may use the product.
T
Manufacturers must use due care in selecting the materials to be used in a
product.
T
A product liability action based on negligence does not require privity of contract between the injured plaintiff and the defendant-manufacturer.
T
Manufacturers must use due care in inspecting and testing any purchased components used in a product.
T
The law imposes strict product liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.
T
Because many products cannot be made entirely safe for all uses, sellers or lessors are liable only for products that are unreasonably dangerous.
T
An action in strict product liability requires that a product be in a defective condition caused by its purchaser.
F
The doctrine of strict liability can be applied to sellers of goods, including manufacturers, but not distributors.
F
The types of product defects that have traditionally been recognized in product liability law include manufacturing defects.
T
A manufacturing defect is a departure from a product unit’s design specifications that results in products that are physically flawed.
T
To successfully assert a design defect, a plaintiff has reasonable alternative design was available.
F
Under a theory of market-share liability, a manufacturer sells “shares” of its potential strict liability and thereby spreads the risk and the cost.
F
There is a duty to warn about risks that are obvious or commonly known.
F
Sellers are required to take precautions against every conceivable misuse of a product.
F
Generally, a seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product.
T
Generally, the strict liability of manufactures and other sellers does not extend to injured bystanders.
F
An injured party may sue only the manufacturer of defective products that are subject to comprehensive federal regulatory schemes.
F
Statutes of repose places outer times limit on product liability actions.
T
Alice is injured when she is struck by debris floating on her property, which was flooded by a breach of Big R Ranch’s reservoir. The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established by
a. private parties engaged in negotiation.
b. the U.S. Congress.
c a British court.
d. a U.S. court.
C
Roadbuilders, Inc., uses dynamite in its operations. Sky-Hi Fireworx, Inc., stores explosives in its warehouses. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be
a. none of the choices.
b. Roadbuilders and Sky-Hi.
c. Roadbuilders only.
d. Sky-Hi only.
B
Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda Bubbles beverage, which proves defective and injures her. One justification for holding Soda Bubbles strictly liable for the harm caused to Talia by its defective product is that
a. Soda Bubbles is making a profit from its activities.
b. Talia is a person, not a business.
c. making and selling products are abnormally dangerous activities.
d. Soda Bubbles and Talia are in privity.
A
Luke is playing a video game on a defective disk that melts in his game player, starting a fire that injures his hands. Luke files a suit against Mystic Maze, Inc., the game’s maker under the doctrine off 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.
C
Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise “due care” to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for
a. market-share liability.
b. none of the choices.
c. negligence.
d. product misuse.
C
Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except
a. the design of the fans.
b. the production process used to make the fans.
c. the warnings on the labels of the fans.
d. a consumer’s unforeseeable misuse of a fan.
D
Forest & Field Company makes and leases a backhoe to Gallagher. Due to a defect attributable to Forest & Field’s negligence, Gallagher is injured in an accident in which his neighbor Helga is also hurt. In a product liability suit based on negligence, Forest & Field may be liable to
a. Gallagher only.
b. no one.
c. Gallagher and Helga.
d. Helga only.
C
Garden Tool Company makes chain saws. Hadrian is injured while using a Garden Tool saw and sues the company for product liability based on neg- ligence. To win, Hadrian must show that
a. Garden Tool did not use due care with respect to the trimmer.
b. Garden Tool used puffery in its advertising.
c. Hadrian was not experienced in the use of trimmers.
d. Hadrian was in privity with Garden Tool.
A
Lipstik, Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for
a. product misuse.
b. fraud.
c. privity.
d. puffery.
B
Sea & Surf Corporation makes sailboards, which are bought and distributed by Tropical Marketing Company to UV Sports Stores, Inc., which sells them to consumers. Wen is injured while using a Sea & Surf board that he bought from UV Sports. In a product liability suit based on strict liability, Wen may recover from
a. Sea & Surf only.
b. Sea & Surf, Tropical Marketing, or UV Sports.
c. UV Sports only.
d. none of the choices.
B
Good Cookin’ Products Company makes heat convection ovens. Heidi discovers that her Good Cookin’ oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she
a. bought the oven from Good Cookin’.
b. did not misuse the oven.
c. suffered an injury caused by the defect.
d. did not know of the defect.
C
ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider
a. Erna’s intended use for the phone.
b. DefDeals’ method of accounting.
c. ClearCall’s quality control efforts.
d. an available alternative design.
D
Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design s
a. popularity among industrial designers and consumers.
b. weight and heft.
c. aesthetics.
d. advantages and disadvantages.
D
MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and
a. the omission of a warning renders the pacemaker not reasonably safe.
b. there is a reasonable alternative design.
c. MedBeat did not use due care in making the pacemaker.
d. Nina lacks insurance coverage.
A
SurgeStop Company makes electrical cords and other connectors for electronic devices. Rollo files a product liability suit against SurgeStop, alleging a warning defect. In deciding whether to hold SurgeStop liable, the court may consider
a. consumers general lack of desire to read the products warnings.
b. the plaintiffs specific lack of desire to read the product warnings.
c. the obvious risks of other products.
d. the obvious risks of this product.
D
BioChem Corporation, ChemCo Company, and DexLabs Inc. make and distribute toxic chemicals. In a product-liability suit against all of these parties, the court is most likely to impose market-share liability if it cannot be proved which of the parties
a. was in privity with the injured plaintiff.
b. exercised the least amount of due care in making the product.
c. supplied the particular product that caused the injury.
d. holds the largest share of the market for the product.
C
Fine Motor Company buys gas pedals and other parts from General Mechanix, Inc., and puts them in its vehicles without changing their composition. If the pedals or other parts are defective, strictly liable for any damage caused by the defects are
a. Fine Motor only.
b. no one.
c. Fine Motor and General Mechanix.
d. General Mechanix only.
C
The brakes on a train owned by Rolling Stock Railway Inc. malfunction. The train rolls towards maintenance workers on the tracks. Everyone gets out of the way except Sid, who wants to show off. The train hits Sid, who sues Train Components, Inc., the brakes’ manufacturer. Train Components can raise the defense of
a. a component-part manufacturer.
b. assumption of risk.
c. privity.
d. product misuse.
B
Stan, an air-conditioning and heating technician, files a suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock. Temp-Set’s best defense is most likely
a. assumption of risk.
b. knowledgeable user.
c. commonly known danger.
d. none of the choices.
B
Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of
a. Ian’s discovery of an injury caused by the opener.
b. Garage Magic’s sale of the opener to Home & Yard.
c. Garage Magic’s design of the opener.
d. Home & Yard’s sale of the opener to Ian.
A
In some states, an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.
T
Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.
F
Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.
F
Cybersquatting occurs when key words are inserted into the hyper text markup language code to tell Internet browsers specific information about a Web page.
F
Using another’s trademark in a meta tag is not permissible, even if the use is reasonably necessary.
F
Trademark dilution occurs when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the original owner.
F
When you download an application on your smartphone, you are typically entering into a license agreement.
T
Much of the material on the Internet, including software and database information, is not copyrighted.
F
The law does not restrict the “fair use” of methods for the circumvention of encryption software or other technological antipiracy protection for educational and other noncommercial purposes.
T
An Internet service provider (ISP) is not liable for copyright infringement by its
customer unless the ISP is aware of the subscriber’s violation.
T
No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.
F
Employees who use social media in a way that violates their employer’s stated policies cannot be disciplined or fired from their jobs.
F
Federal wiretapping law covers electronic forms of communication.
T
Federal law permits the intentional interception of any wire, oral, or electronic communication.
F
Employers can monitor employees’ electronic communications made in the ordinary course of business, including employees’ personal communications.
F
Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.
F
Law enforcement uses social media to detect and prosecute criminals.
T
Social media posts are routinely included in discovery in litigation.
T
Online defamation is wrongfully hurting a person’s reputation by communicating false statements about that person to others online.
T
It is frequently the companies rather than courts or legislatures that are defining the privacy rights of their online users.
T
Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes.
1. Refer to Fact Pattern 15-1. Federal law preempts state antispam laws
a. with no exceptions.
b. except for laws that require the use of spam by business entities.
c. except for statutes that ban the use of spam altogether.
d. except for provisions that prohibit false and deceptive e-mailing
practices.
D
Refer to Fact Pattern 15-1. One of the senders—Great Looks, Hot Trends, or Ilene—is acting outside the bounds of federal law. Federal law prohibits the sending of
a. unsolicited commercial e-mail.
b. solicited commercial e-mail.
c. commercial e-mail to randomly generated addresses.
d. non-commercial e-mail that promotes a product or service to a friend,
co-worker, or relative.
C
Refer to Fact Pattern 15-1. Great Looks and Hot Trends are subject to the laws of the states in which they are located and do business. Many states:
a. prohibit false and deceptive e-mailing practices.
b. require the use of spam by business entities.
c. ban the use of spam altogether.
d. preempt the application of federal law to commercial e-mail.
A
ConnectWeb, Inc., an Internet service provider (ISP), supplies information to the Federal Trade Commission concerning possible unfair or deceptive conduct in foreign jurisdictions. For this disclosure, federal law gives ConnectWeb and other ISPs immunity from liability. This is
a. goodwill.
b. fair use.
c. a safe harbor.
d. a license.
C
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register “calltalk” as its second-level domain. Later, CallTalk’s less successful competitor, CellTalk Company, chooses to use and register “caltalk” (an intentional misspelling of “calltalk”) as its second-level domain. Still later, Call&Talk, Inc., uses the domain name “callltalk” (also a deliberate misspelling of “calltalk”) without CallTalk’s authorization, to sell pornographic phone conversations.

Refer to Fact Pattern 15-2. By using a similar domain name to CallTalk’s, CellTalk is most likely attempting to profit from its competitor’s
a. goodwill.
b. fair use.
c. license.
d. safe harbor.

A
Refer to Fact Pattern 15-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name “callltalk.” Before bringing the suit, CallTalk has to ask the court for a subpoena to discover
a. the true identity of the owner of the unauthorized site.
b. the amount of the profits of the unauthorized site.
c. the estimated costs of the court proceedings and discovery.
d. all of the registered variations of the name “calltalk.”
A
Refer to Fact Pattern 15-2. Call&Talk’s use of the domain name “callltalk,” without CallTalk’s authorization, to sell pornographic phone conversations, is
a. goodwill.
b. fair use.
c. a license.
d. trademark dilution.
D
BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life’s permission. This may be permissible
a. if the appropriating site has nothing to do with the meta tag.
b. if the two sites appear in the same search engine results.
c. if the use is reasonably necessary.
d. under no circumstances.
C
BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is
a. goodwill.
b. fair use.
c. a license.
d. a safe harbor.
C
InfoFree Inc., makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection. Under the Digital Millennium Copyright Act, this is
a. a violation of copyright law.
b. prohibited but not a violation of copyright law.
c. a “fair use” exception to the provisions of the act.
d. permitted for reconsideration every three years.
A
Stefano transfers copyrighted music recordings, without the copyright owners’
authorization, to his friends. This is
a. copyright infringement.
b. a license.
c. a safe harbor.
d. none of the choices.
A
Sly includes in his song “Sneaky” a few seconds of Wily’s copyrighted sound recording “Wits” without permission. Some federal courts have found that such digital sampling is
a. a violation of copyright law.
b. a “fair use” exception to the provisions of the act.
c. not a “fair use” exception to the provisions of the act.
d. all of the choices.
D
OntheWeb Company is an Internet service provider. OntheWeb’s customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe’s activity
a. unless OntheWeb is aware of Phoebe’s violation.
b. unless OntheWeb is not aware of Phoebe’s violation.
c. unless OntheWeb shuts down Phoebe after learning of the violation.
d. under any circumstances.
A
Sales & Revenue, Inc., discovers that defamatory statements about its policies and products are being posted in an online forum. TransWeb Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. Sales & Revenue files a suit against the anonymous users. The plaintiff can obtain from TransWeb the identity of the persons responsible for the defamatory messages by
a. using the authority of the court.
b. gaining unauthorized access to TransWeb’s servers.
c. deceiving TransWeb into revealing the posters’ identities.
d. no legal or illegal means.
A
Omni Corporation provides cell phones, laptops, and tablets for its employees to use “in the ordinary course of its business.” Omni intercepts the employees’ business communications made on these devices. This is
a. a violation of the rights of Omni’s employees.
b. a matter for which Omni must obtain its employees’ consent.
c. a subject for dispute resolution by the communications providers that
Omni uses.
d. excluded from the coverage of the Electronic Communications Privacy Act
D
Discount Retail Corporation’s social media policy directs its employees to “avoid negative public comments about your company.” Elin is an employee of Discount Retail. When Elin criticizes fellow employees online, Discount Retail fires her. Elin then files a suit against the employer, seeking reinstatement. The court will most likely
a. award Elin reinstatement.
b. uphold Discount Retail’s right to terminate Elin.
c. order the parties to submit to online dispute resolution.
d. refer the issue to a higher court.
B
April and other employees of Bodegas & Bistros Inc. (2B) maintain a password- protected social media page to “vent about work.” When 2B learns of the page, the company intimidates April into revealing the password, and after reviewing the posts, fires her and the other participants. Most likely, this is
a. a violation of the Stored Communications Act.
b. within 2B’s rights as an employer.
c. a subject for dispute resolution by the communications providers that the
employees’ page uses.
d. a “business-extension exception” under the Electronic Communications
Privacy Act.
A
Paige applies to work for Quibbling & Company. Reece applies for admittance to State University. As part of their applications, Paige and Reece are asked to divulge their social media passwords. Legislation that protects individuals from having to disclose their social media passwords has been enacted in
a. no states.
b. most states but not by the federal government.
c. all states and by the federal government.
d. four states.
D
Emily and other users of Facebook and other social networking sites post messages, images, and other materials on these sites. Social media posts are routinely included in discovery in litigation to
a. establish a person’s intent.
b. establish what a person knew at a particular time.
c. reduce damages awards.
d. all of the choices.
D
Interactive Entertainment Corporation markets its products online. Through the
use of cookies, Interactive Entertainment and other online marketers can
a. track individuals’ Web browsing activities.
b. gain access to competitors’ servers.
c. “sweet talk” consumers into buying certain products. d. attack competitors’ Web sites.
A

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