Download Midterm Exam Review Sheet - Legal Aspects of Managing Technology | BUL 3564 and more Study notes Business and Labour Law in PDF only on Docsity!
QUIZ RESULTS
QUIZ I
Question 1
Which amendment pertains to unreasonable search and seizure?
a) The 1st Amendment
b) The 2nd Amendment CLICK TO SEE ANSWER c) The 4th Amendment d) The 6th Amendment Question 2
You may be accused of this if you tell a lie about someone.
a) Defamation CLICK TO SEE ANSWER b) Invasion of Privacy c) None of the above Question 3
The 2nd Amendment pertains to no state sponsored religion.
a) True CLICK TO SEE ANSWER b) False Question 4
Lori and her friends burn an American flag as an act of political
protest. Lori is arrested for violating a state law that prohibits flag
burning. The Supreme Court has ruled that laws making it illegal to
burn an American flag:
CLICK TO SEE ANSWER
a) are void because they deny a person due process rights. b) are void because a state court has no power to prosecute a person for burning the federal flag. c) are void because they violate a person's right to freedom of speech. d) are valid.
Question 5
The Bill of Rights refers to:
a) The inalienable rights found at the beginning of the Constitution. CLICK TO SEE ANSWER b) A specific listing of individual rights found in the original text of the Constitution. c) The first ten amendments to the Constitution. d) A grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states Quiz II Question 1
Tony sexually assaulted Jane in the parking lot of Joe's Brew Pub. The District Attorney's
office prosecuted Tony on sexual assault charges. Subsequently, Jane filed a lawsuit against
Tony for money damages. Classify each legal action.
a) The District Attorney's case was a criminal case; Jane's lawsuit was a civil case. b) The District Attorney's case was a civil case. Jane's lawsuit was a criminal case. CLICK TO SEE ANSWER c) Both cases are criminal. d) Both cases are civil. Question 2
Lori and her friends burn an American flag as an act of political protest. Lori is arrested for
violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making
it illegal to burn an American flag:
a) are void because they deny a person due process rights. CLICK TO SEE ANSWER b) are void because a state court has no power to prosecute a person for burning the federal flag. c) are void because they violate a person's right to freedom of speech. d) are valid. Question 3
Which of the following may be subject of both a criminal case and a separate civil case?
d) Duty Question 8
Compensatory damages are designed to punish the wrongdoer for his/her wrongful actions that
resulted in an injury to the victim.
a) True CLICK TO SEE ANSWER b) False Question 9
The following are considered intentional torts, but may also be a crime.
a) Wrongful Interference CLICK TO SEE ANSWER b) Negligence c) Assault & Battery d) None of the above Question 10
Truth is a complete defense to defamation.
a) True CLICK TO SEE ANSWER b) False Interactive Quiz Question 1
Yes! Where do I sign? Correct Response
- Offer CLICK TO SEE ANSWER
- Acceptance
Question 2
Makes this a binding and enforceable contract.
The purpose is lawful ANSWER 1. Meeting of the Minds Quid Pro Quo ANSWER 2. Consideration
I'm over the age of 18 ANSWER 3. Legality We both agree ANSWER 4. Capacity
Question 3
How may an agency relationship be formed?
By operation of law ANSWER 1. The principal ok's the agent's actions after the fact. By ratification ANSWER 2. The principal and agent agree to form the relationship. Expressed by the parties ANSWER 3. A relationship must be recognized.
Question 4
This is owed to the agent.
Paycheck ANSWER 1. Duty to Compensate I can't close the deal without your approval ANSWER 2. Duty to cooperate Question 5
I must act in my principal's best interest.
- Fiduciary Duty
- Duty of Care
ANSWER
Quiz III Question 1
Jerry offers to shovel the snow from Ben's driveway for $35. Ben replies "OK." This is an
example of:
a) an implied, unilateral contract. b) an express, unilateral contract. CLICK TO SEE ANSWER c) an implied, bilateral contract. d) an express, bilateral contract. Question 2
Dick offers to sell Jane his 1955 Thunderbird convertible. Before Jane can accept the offer,
lightning strikes the
car and it is totally destroyed. Which of the following is true?
a) Shelly would win as this is a valid, enforceable contract.
c) This is an accord and satisfaction, and Y-K cannot sue. d) The courts would apply promissory estoppel in this situation. Question 6
Advantages of Alternative Dispute Resolution (ADR) include:
a) ADR is faster than litigation. b) ADR keeps the parties talking rather than fighting. CLICK TO SEE ANSWER c) ADR is less expensive than litigation. d) All of the above are advantages of ADR. Question 7
Intoxication always makes a contract voidable.
a) True CLICK TO SEE ANSWER b) False Question 8
Undue influence occurs when there is a relationship of trust between two parties and the
stronger party uses improper persuasion over the weaker party.
a) True CLICK TO SEE ANSWER b) False Question 9
Certain contracts must be in writing to be enforceable and include which of the following?
a) Contract that cannot be performed within 1 year CLICK TO SEE ANSWER b) Contract to help a friend move c) Contracts concerning any personal property d) All of the above Question 10
The Parol Evidence Rule pertains to the admissibility of verbal agreements not provided in the
written contract itself.
True CLICK TO SEE ANSWER False
Quiz IV Question 1
Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana
checked into the matter and, when she learned that Diane had served time in prison for
theft, fired her.
Jim is liable to Diane for defamation. CLICK TO SEE ANSWER Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. Jim is liable to Diane for defamation only if she is a public figure. Jim is not liable to Diane for defamation. Question 2
Trademark dilution occurs when a trademark is used by another company in such a manner as to
cause its identity to diminish over time.
a) True CLICK TO SEE ANSWER b) False Question 3
Which of the following are distinguishing characterstics of open source software?
a) Free redistribution CLICK TO SEE ANSWER b) Allows for modification c) License must not restrict other software use associated with open source
Which categories generally receive trademark protection because they are automatically
inherently distinctive?
a) Fanciful and descriptive CLICK TO SEE ANSWER b) Fanciful and arbitrary c) Suggestive and generic d) None of the above Question 9
Brandjacking and cybersquatting rarely occur with businesses.
a) True b) False CLICK TO SEE ANSWER Question 10
One can be vicariously liable as a copyright infringer if one profits from the infringing activity
and could monitory
or control the infringer.
a) True CLICK TO SEE ANSWER b) False Quiz V Question 1
Cyber Crimes come under the jurisdiction of which U.S. government agency?
a) Immigration and Naturalization Service CLICK TO SEE ANSWER b) Immigration and Customs Enforcement Bureau c) Department of Homeland Security d) Department of State Question 2
It delivers computer-based services to support investigations both domestically and abroad.
a) Cyber Crimes Center CLICK TO SEE ANSWER b) International Crimes Center c) International Cyber Crimes Organization Agency d) None of the above Question 3
It proactivily identifies U.S. persons traveling abroad who have been convicted of sexual crimes
against children and is a joint effort between U.S. Customs and the U.S. Marshalls.
b) Operation Angel Watch CLICK TO SEE ANSWER c) Operation Cross-Borders Crimes d) All of the above Question 4
Cyber-enabled smuggling and money laundering is not a focus of the Cyber Crimes Unit known
as C3.
a) True CLICK TO SEE ANSWER b) False Question 5
Known as ICE this agency was created in what year and for what purpose?
a) In 2004 to monitor the import and export of technology. b) In 2005 to enforce laws pertaining to illicit trade of goods only. CLICK TO SEE ANSWER c) In 2003 to enforce federal laws pertaining to border control, customs, trade and immigration. d) None of the above Question 6
ICE maintains an Office of Professional Responsibility focused on investigating allegations of
ICE employee misconduct.
a) True CLICK TO SEE ANSWER b) False
Question 1
This is the darkest part of the web.
a) Dark Web CLICK TO SEE ANSWER b) b) Red Web c) b) Marianas Web d) d) None of the above Question 2
This Article of the International Covenant on Civil and Political Rights is said to imply a right
to Internet access.
a) Article 19 b) b) Article 15 CLICK TO SEE ANSWER c) c) Article 3 d) d) Article 20 Question 3
China is well known for regulating Internet activity.
a) True CLICK TO SEE ANSWER b) False Question 4
Both personally and commercially one should do what with used cell phones before discarding
them?
a) Nothing b) Remove any and all personal and customer information. CLICK TO SEE ANSWER c) Remove Malware d) None of the above Question 5
Unlike the U.S. the UK takes a hands-off approach to Internet regulation.
a) True CLICK TO SEE ANSWER b) False
Question 6
Which of the following countries rely more on Internet censorship via private action?
a) United States b) United Kingdom CLICK TO SEE ANSWER c) China d) Korea
Question 7
One has a Constitutional right to use the Dark Web.
a) True b) False1 CLICK TO SEE ANSWER Question 8
Even though the internet has no borders it it does not raise global governance issues.
a) True b) False CLICK TO SEE ANSWER
\
Question 9
All types of illegal goods, services and conduct is accessible via the Dark Web.
a) True CLICK TO SEE ANSWER b) False Question 10
The Dark Web/Net is referred to as
A system of anonymous websites that the government can readily trace. CLICK TO SEE ANSWER An underground system of websites that are easily found and traceable. An underground system of anonymous websites that are untraceable. All of the above.
Question 5
Trade dress refers to the overall look and feel of the product and its package.
True CLICK TO SEE ANSWER False Question 6
A patent is the grant of a property right to inventors by the USPTO for an invention.
True CLICK TO SEE ANSWER False Question 7
In order for an invention to be patented the invention must be novel, useful and obvious.
True CLICK TO SEE ANSWER False Question 8
A state long arm statute serves what purpose?
To allow the courts to exercise due process. To allow the courts to claim personal jurisdiction over a non resident CLICK TO SEE ANSWER defendant based on business transactions or torts committed within the state. To allow the courts to exercise in rem jurisdiction over the case. All of the above. Question 9
How are minimum contacts determined?
Thru establishing general jurisdiction.
CLICK TO SEE ANSWER
Thru establishing specific jurisdiction. Both a and b. None of the above. Question 10
Which categories generally receive trademark protection because
they are automatically inherently distinctive?
Fanciful, generic, descriptive. CLICK TO SEE ANSWER Suggestive, fanciful, arbitrary. Suggestive, fanciful, descriptive. Arbitrary, descriptive, fanciful. Question 11
What is consideration?
The exchange of something of value by both parties. CLICK TO SEE ANSWER The act by one party for the promise by the other party. Promises exchanged by both parties. All of the above. Question 12
Trademark dilution occurs when a trademark is used by another company in such a manner as to
cause its identity to diminish over time.
True CLICK TO SEE ANSWER False Question 13
Federally registering a copyright work allows an e-business owner what statutory rights?
The right to reproduce the copyrighted work The right to sell, rent, lease, or otherwise distribute copies of the work
Question 18
At the heart of trade secrets law is the idea that the secret provides an advantage from a business
perspective.
True CLICK TO SEE ANSWER False Question 19
Under traditional notions of fair contracting a click wrap agreement would be unenforceable as
it would be considered which of the following?
Shrink wrap agreement CLICK TO SEE ANSWER Adhesion contract Collusive contract None of the above Question 20
For a valid and enforceable click wrap agreement one must be given the option to accept the
contract terms before proceeding.
True False CLICK TO SEE ANSWER Question 21
Walk the Talk is a new online blog with a unique focus on ethical behavior and provides
columns, chatrooms and online services to assist individuals with many aspects of life planning.
Prior to going public 1 year ago, it trademarked its name and purchased the rights to several
variations of its domain name, with .com but did not purchase .net. Now it has learned that
someone has copied its name using.net and placed misleading information on a blog page. It
would like to pursue legal action against the wrongdoer. Under which laws may it do so?
The Anticybersquatting Consumer Protection Act CLICK TO SEE ANSWER The Lanham Act Uniform Domain Name Dispute Resolution Policy All of the above Question 22
In addition to specific laws protecting trademark owners, social media providers also have
policies in place to protect its customer's intellectual property as well.
True CLICK TO SEE ANSWER False Question 23
Brandjacking and cybersquatting rarely occur with businesses.
TRUE
FALSE CLICK TO SEE ANSWER
Question 24
The book refers to these factors as the Polaroid Factors, but, they originated as the Lapp Factors
and as provided in the powerpoint include which of the following,
Channel of trade CLICK TO SEE ANSWER Non-sophistication Lack of confusion Different sales efforts Question 25
In addition to other laws regarding online advertising companies must also be aware of this law
which pertains to the protection of children and their personal information.
Uniform Child Protection Act The Children's Online Act
