products liability

Which of the following best describes a defect in packaging under products liability? a. The packaging of a product, such as a bottle or can, causes an injury to the user. b. The packaging of a product is such that it allows the product to spoil. c. The packaging of a product contains misleading or deceptive information about the product contained inside. d. The packaging of a product fails to contain necessary warnings about the dangers asoc- iated with a product. e. The packaging of a product allows children to access a product, such as drugs or poisons, that is generally safe when used as directed, but can be harmful if not used properly.

46) A wholesale distributor who is named in a product liability suit based on strict liability could avoid liability if: a. the plaintiff had purchased the product causing the injury b. the distributor exercised reasonable care in all ways with respect to the product causing the injury c. this product had been used for many years by other users without injury d. this defect which caused the injury occurred after the product left the distributor e. the product has been redesigned to eliminate the problem which caused the injury in this case

47) Dangerous Products, Inc. is currently the defendant in several products liability cases. Which of the following situations would provide the weakest defense for the manufacturer? a. The plaintiff had received a recall notice addressing the defect which caused the injury, but did not respond to the recall and continued to use the product. b. The plaintiff was misusing the product, an electric sander, to remove the outer layer of his facial skin in order to improve his facial complexion. c. The plaintiff had taken one of the company’s lawn mowers and modified it to be a ceiling fan which he attached to his bedroom ceiling. d. The injury occurred when a boy used a drill to drill a hole in his younger brother’s arm because the younger brother had broken the older brother’s toy car. e. The plaintiff was misusing an electric wood saw because the owner’s manual said to only use it to cut with (along) the grain of the wood and the plaintiff was using it to cut across the grain, causing it to kick up and injure the plaintiff.

48) A doctrine that says a patent may not be granted if the invention was used by the public for more than a certain period of time prior to the filing of the patent application is known as: a. the public service doctrine b. the public use doctrine c. the unfair doctrine d. the bar to patents doctrine e. None of these are correct.

49) Which of the following was the most recently recognized as a valid subject matter for a patent? a. machines b. certain types of business plans c. original ideas for community improvement d. processes e. designs

50) One of the provisions of the American Inventors Protection Act of 1999 is that: a. the power to regulate invention promoters was transferred to the Department of Justice b. the legal life of a patent was extended to 20 years c. the Patent and Trademark Office must make a decision on a patent application within 5 years after its filing d. inventors are able to file a provisional application granting provisional rights pending the filing of a final application within three months

51) Will someone who uses a short section of a copyrighted work in a critical review be subject to copyright infringement? a. No, because of the fair use doctrine. b. No, if he obtained the original copyrighted work through legitimate means. c. Yes, if he did not pay the author for his use of the material. d. Yes, if he did not obtain permission from the author for his use of the material.

52) The fair use doctrine would allow the following types of use of a copyrighted work without the permission of the copyright holder, except: a. quotation in a critical review b. use in a parody c. sales of a single chapter of a book that is the only chapter of interest to most persons in a particular locale d. use by a teacher to illustrate a point in a class

53) Seattle Paint Company developed a new exterior house paint that can be properly applied even in the rain. How can this formula be protected without filing for a patent? a. Without a patent, no protection is available. b. If the company takes all reasonable steps to avoid discovery of the secret, it can be protected against some, but not all, methods of discovery of the secret. c. By putting a notice on the cans of paint that the formula is a protected trade secret. d. By registering a trademark for the product specifying that the product is distinctive.

54) In a criminal trial, which of the following is true? a. To be guilty, the defendant must have had a criminal intent at the time of the crime. b. The accused is presumed guilty once an indictment has been issued. c. The government must prove that the accused is guilty beyond all possible doubt. d. At the trial, the grand jury listens to evidence to determine guilt or innocence.

55) Which of the following is true about crimes? a. Criminal liability exists only if there is a victim who suffered damages. b. A criminal defendant will be found guilty whenever the jury believes it is more likely than not that the defendant committed the crime. c. Torts always accompany crimes, although the civil case is often not brought. d. Criminal law is based on the conduct or activities of the defendant, rather than on resultant harm.

56) Which is true about jury verdicts in criminal cases? a. If the defendant is found guilty, the defendant may appeal. b. If the defendant is found not guilty, the government may appeal. c. If the jury cannot agree on guilt or innocence, it is a hung jury and the defendant goes free just as if found not guilty. d. In the case of a tie jury vote, the judge casts a vote to break the tie. e.Both A and B are true.

57) Someone who takes personal property from someone’s home after entering without authorization has committed: a. extortion b. burglary c. embezzlement d. robbery

Law 58) To find someone guilty of receiving stolen property, it is sufficient to prove that the defendant: a. was in possession of stolen property b. intended to keep the property himself c. paid for the property and intends to keep it himself d. knowingly received the stolen property and intended to deprive the true owner of the property e. took part in the wrongful taking of the property and intended to deprive the true owner of the property

59) What does the Fourth Amendment do? a. It protects the rights of the people from unreasonable search and seizure by the government. b. It requires the police to obtain a search warrant in all search and seizure cases. c. It prohibits warrantless searches in connection with an arrest. d. It guarantees the defendant the right to an attorney.