Deck 53: Torts and Crimes

Question 1

USA Sales Company publishes a "Privacy Policy" to attract customers, but fails to invest adequate resources in cyber security. A lack of security that allows hackers to steal customers' personal data from a business's computer system can be​

A) ​the hackers' defense to criminal charges.
B) ​the ground for a suit by the Federal Trade Commission.
C) ​the basis for USA's recovery under a traditional insurance policy.
D) ​a source of bad publicity, but there are no other consequences.

Answer 1

B

Question 2

Money2Play Corporation does not make or sell products or services but buys a patent and asserts it against New Functions, Inc., a start-up applications company, demanding licensing fees and threatening an infringement suit. Because of these threats, New Functions is most likely to​

A) ​have difficulty in attracting investors.
B) ​target other firms with patent litigation to obtain investment capital.
C) ​cease and desist.
D) ​collect more capital to fund its operations than without the threats.

Answer 2

A

Question 3

Concerned about what its employees post online, Big Box Retail Inc. monitors the employees' use of social media. Carl, a Big Box employee, files a suit against his employer, alleging that the monitoring is an invasion of privacy. The court will most likely rule in Big Box's favor if​

A) ​Big Box can show a reasonable need for social media monitoring.
B) ​Carl has no expectation of privacy on the monitored site.
C) ​Carl is part of a protected class.
D) ​the monitoring is a fishing expedition.

Answer 3

B

Question 4

The existence of an ethical duty on the part of Commerce & Trade Company, and other businesses, to prevent an attack by hackers on business computer systems, and consequent theft of customers' and employees' personal data, is evidenced by​

A) ​a business's offer of credit monitoring in the event of a breach.
B) ​a business's cyber security insurance.
C) ​the individuals' trust in the business to protect their data.
D) ​a business's stated "Privacy Policy."

Question 5

Hackers infiltrate the computer system of ChemCo Inc. and steal the company's trade secrets. If the hackers can be identified, they can be​

A) ​charged with unauthorized access of protected computers.
B) ​subject to civil sanctions, but no criminal penalties.
C) ​subject to a suit by the Federal Trade Commission.
D) ​included on a "watch list" but no other sanctions are currently possible.

Question 6

Hackers infiltrate the computer system of Metro Bank and steal the personal information of Metro's customers and employees. Individuals whose personal information is involved in the breach should be notified, as required by law in​

A) ​all states.
B) ​forty-seven states.
C) ​no state.
D) ​one state-California.

Question 7

During litigation over an employment situation between Park & Ride, LLC and its employee Quent, Park & Ride asks the court for access to Quent's complete social media records. The court is most likely to grant access if​

A) ​Park & Ride can show a reasonable need for social media evidence.
B) ​Quent has no reasonable expectation of privacy in the records.
C) ​Quent is not part of a protected class.
D) ​the request is a fishing expedition.

Question 8

Pay-to-Buy.com, Inc. obtains a patent on an online payment system. The patent is vaguely worded and overly broad. In evaluating the patent, a court is most likely to​

A) ​have difficulty, resulting in Pay-to-Buy being targeted by patent trolls.
B) ​apply the patent broadly.
C) ​issue a vaguely worded protection order.
D) ​hold that Pay-to-Buy's business practices are illegal.

Question 9

Hank and Ida take photos of themselves in intimate moments. When their relationships ends, Hank posts the photos online without Ida's consent in an attempt to humiliate her. This is a crime in​

A) ​a handful of states.
B) ​all states.
C) ​most states.
D) ​no state.

Question 10

Jody and Kyle take photos of themselves in intimate moments. When their relationship ends, Kyle posts the photos online without Jody's consent in an attempt to humiliate her. Included with the photos are Jody's name, Facebook page, address, workplace, and phone number. This could be a ground for a civil suit on the basis of​

A) ​defamation.
B) ​false imprisonment.
C) ​invasion of privacy.
D) ​no traditional tort theory.