Question 1

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

Accepted Answer

A)   can shop 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 limits punitive damages.
D)   must file the suit in a state that caps noneconomic damages. B

Question 2

The Anti-Counterfeiting Trade Agreement (ACTA) is most likely to apply to

Accepted Answer

A)   pirated copyrighted works distributed via information technology.
B)   personal financial information on its owner's laptop.
C)   legally downloaded recordings on a user's iPod.
D)   a business firm's trade secrets cached on the firm's server. A

Question 3

The Anti-Counterfeiting Trade Agreement (ACTA) is most likely to establish an international governing body

Accepted Answer

A)   to be subject to the World Intellectual Property Organization.
B)   to be under the auspices of the World Trade Organization.
C)   as part of the Internet Corporation for Assigned Names and Numbers.
D)   separate and distinct from existing organizations. D

Question 4

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

Accepted Answer

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 5

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

Accepted Answer

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 6

Pete's Pizza Corporation sponsors internal blogs and podcasts to encourage employee communication. Pete's employee Quigley posts someone else's work without permission. Pete's is most likely to avoid liability for copyright infringement under the "fair use" doctrine if the post is

Accepted Answer

A)   a long written passage without a link to the complete version.
B)   a short written passage with a link to the complete version.
C)   a written work in its entirety.
D)   photos from another blog or Web site.

Question 7

Rodeo Sports Company sponsors external blogs and podcasts to promote its products and obtain feedback from clients and customers. Rodeo is most likely to be liable for copyright infringement if Sufi, a Rodeo customer and a visitor to the blog, posts

Accepted Answer

A)   a defamatory statement about a Rodeo client.
B)   information in which a potential Rodeo investor may be interested.
C)   racist or sexually explicit comments about Rodeo employees.
D)   someone else's work without permission.

Question 8

Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail and then to "click here" to update her security codes. She updates the information and clicks on the link. Oswald uses the data to empty Nadia's account. This is

Accepted Answer

A)   identity theft.
B)   duress.
C)   entrapment.
D)   no crime.

Question 9

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

Accepted Answer

A)   Bertram.
B)   Hoky Sno Boards.
C)   Hoky's customers.
D)   Omni.

Question 10

Lorenz works for Vertigo Airlines. During a break, Lorenz visits a Web site and downloads Whee!, gaming software that, unknown to Lorenz, allows someone else to access to Vertigo's computer network without its knowledge or consent. Whee! is

Accepted Answer

A)   a hacker.
B)   a Trojan horse.
C)   a virus.
D)   a worm.

Exam 22: for Unit Two