Deck 54: Legal Issues

Question 1

Movies, Inc. (MI), releases on DVD Nothing to Hide, a film focusing on the lack of privacy in cy?berspace. Owen posts online computer code that cracks the DVD's encryption, allowing users to make unauthorized copies. MI files a suit against Owen. The court is most likely to rule that

A) computer code is a form of "pure speech."
B) the First Amendment completely protects computer code.
C) the First Amendment does not apply to computer code.
D) the First Amendment protects computer code to a lesser extent.

Answer 1

D

Question 2

Precise Marketing Corporation buys and sells consumers' personal information. This may violate

A) businesses' duties to their customers.
B) individuals' rights to their privacy.
C) governments' duties and rights with respect to public welfare.
D) no rights or duties.

Answer 2

B

Question 3

Mavis files a suit against National Corporation and obtains a large damages award. Omni Insurance, Inc., is National's insurer. Ultimately, the cost of the damages award will be paid by

A) Mavis.
B) National.
C) National's customers.
D) Omni.

Answer 3

C

Question 4

One night, Izzy discovers Joe, an intruder, in Izzy's home. Izzy shoots and kills Joe. With respect to criminal prosecution for this use of deadly force, under a stand-your-ground law Izzy

A) is presumed innocent or may be exempt from prosecution.
B) must prove that he first told Joe to "Stop!" or "Stand your ground!"
C) must prove that he first tried to retreat or that his life was in danger.
D) must prove that Joe did not try to retreat or acted without regard for his own life.

Question 5

Pop Pix, Inc., owns and sells photos from its database on the Internet. Query Corporation operates a search engine that displays its results in thumbnail images, which sometimes include copies of Pop Pix's photos, without its permission. Query's use of the photos is most likely

A) a fair use.
B) a license.
C) a novel and not obvious use.
D) a violation of intellectual property law.

Question 6

One night, Kyle discovers Lee, an intruder, in Kyle's home. Kyle shoots and kills Lee. With respect to criminal prosecution for this use of deadly force, under a duty-to-retreat law Kyle

A) is presumed innocent or may be exempt from prosecution.
B) must prove that he first told Lee to "Get out!" or to "Retreat!"
C) must prove that he first tried to retreat or that his life was in danger.
D) must prove that Lee did not try to retreat or acted without regard for his own life.

Question 7

One night, Kyle discovers Lee, an intruder, in Kyle's home. Kyle shoots and kills Lee. With respect to criminal prosecution for this use of deadly force, under a duty-to-retreat law Kyle

A) is presumed innocent or may be exempt from prosecution.
B) must prove that he first told Lee to "Get out!" or to "Retreat!"
C) must prove that he first tried to retreat or that his life was in danger.
D) must prove that Lee did not try to retreat or acted without regard for his own life.

Question 8

Vern wants to file a suit on behalf of all diabetes patients against Wonder Pharmaceutical Corporation. Under the Class Action Fairness Act of 2005, Vern

A) can shop around for a state court that might award large damages.
B) must file the suit in a federal court.
C) must file the suit in a state that bans or limits punitive damages.
D) must file the suit in a state that has caps on noneconomic damages.

Question 9

Etta illegally shoots Fay with a handgun made by Gunsmaker Corporation. Fay files a suit against Gunsmaker. With respect to the dan?gers associated with guns, the court is most likely to rule that Gunsmaker has

A) a duty to warn everyone.
B) a duty to warn potential victims only.
C) a duty to warn users only.
D) no duty to warn.

Question 10

To complain about Omega Corporation's products, Pi opens a Web site with the domain name "omegasucks.com." Omega files a suit against Pi. If the court rules in Pi's favor, it will most likely be on the basis of

A) a likelihood of confusion.
B) a right to privacy.
C) the freedom of speech.
D) trademark law.

Question 11

FotoFinder is a search engine that finds images on the Internet, displays them in lower-resolution thumbnail versions, frames them as they appear in their original Web locations, and links to those sites. Some users of FotoFinder infringe on the rights of the images' owners. FotoFinder's use of the images is most likely

A) a fair use.
B) a license.
C) a novel and not obvious use.
D) a violation of intellectual property law.