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Law 421 Final Exam Essay

1701 words - 7 pages

1) Which of the following does not result in a decision rendered by the hearing officer?
A. Arbitration
B. Mediation
C. Med-arb
D. Using expert evaluators

2) Jurisprudence is defined as
A. adjudication of law suits
B. the enactment of laws by a government body
C. the science and philosophy of law
D. the duties and obligations owed by a citizen

3) The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed. These mud flaps have been proven to make driving in the rain significantly safer due to reduced mist created by trucks driving in the rain, although data regarding accidents and injuries has not ...view middle of the document...

Lack of recognition from the U.N. and WTO

6) Under the U.S. legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and defendant
A. are all paid by the loser
B. are all paid by the winner
C. are paid for by each side with the plaintiff and defendant paying for their own legal costs
D. are totaled by the court and then for fairness, split in half with each side paying an equal amount

7) Generally, torts law is governed by
A. state statutory law
B. state common law
C. federal statutory law
D. constitutional law

8) Assumption of risk is a defense to
A. conversion
B. negligence
C. defamation
D. battery

9) The three stripes on Adidas clothing represents a
A. trademark
B. trade dress
C. trade secret
D. patent

10) The color or shape of an item, if distinctive, is a
A. trademark
B. trade dress
C. copyright
D. patent

11) 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 totally cease operation

12) The Digital Millennium Copyright Act (1998) provided each of the following protections EXCEPT
A. manufacturers of CD-Writers were required to pay 2% of their sales into a fund to be distributed to copyright holders because the CD-Writers could easily copy music and other copyrighted works
B. civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software
C. restrictions were placed on analog recorders and camcorders that lack antipiracy features
D. ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement

13) When Maria comes home from work, she finds that her yard has been mowed and trimmed. An hour later, a man comes to her door to collect payment for the yard work. Maria refuses to pay him because she has never seen him before nor had she hired him to do the work. Which of the following is accurate?
A. This is an implied, unilateral contract, so she must pay.
B. Maria has received unjust enrichment so a quasi contract is formed, so she must pay.
C. The court would make Maria pay the reasonable cost of the work to be fair to both parties.
D. Maria would not have to pay anything.

14) Where a promise can only be accepted by the performance of the person to whom it is offered is an example of a/an
A. bilateral contract
B. unilateral contract
C. implied contract
D. quasi contract

15) Each of the following is a discharge by mutual...

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