Texas A&M University (TAMU) MGMT 311 Legal and Social Environment of Business Exam 2 Practice Test

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• Which of the following is NOT one of the four privacy torts listed?
• Real property includes what?
• Under strict liability, which statement is true?
• Which statement best describes strict liability?
• Which organization administers copyright registration in the United States?
• Trade secret protection extends to ideas and their expressions?
• False light involves which of the following?
• A college professor collects chapters from various books as in the previous example and scans them and posts them on a course website. Does it change your answer if he isn't selling them?
• What are the initial actions the FTC can take against deceptive advertising?
• Intentional Infliction of Emotional Distress is defined as an intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm. Which of the following best describes IIED?
• Which statement describes a prohibition under the TCPA?
• Which defense occurs when the plaintiff uses a product in a way it was not intended to be used?
• Which of the following is NOT a defense to battery?
• What are the two factors associated with the Administrative Procedure Act (APA) as commonly cited?
• Strict liability origin is traced to which case?
• Which statement about strict liability is accurate?
• Which mark is used to certify region, materials, and quality by someone other than the owner?
• Trade dress refers to what?
• In intentional torts, what is required regarding intent?
• Under product liability, who can be held liable?
• Does battery require physical injury?
• Which two forms are commonly cited as professional negligence?
• Labeling and packaging laws require labels to be what?
• Negligence involves what two factors?
• The Small Business Regulatory Enforcement Fairness Act includes which provisions regarding small business compliance and congressional review?
• What are the remedies for copyright infringement?
• What is a defense to inadequate warnings?
• What is the purpose of a defense in tort law?
• Which element is essential to establish false imprisonment?
• Cooling-off laws apply to all of the following EXCEPT which?
• To maintain a trade secret, should essential employees sign confidentiality agreements before they start working?
• Under the FFDCA, which statement is accurate?
• What type of damages are awarded for breach of libel/defamation?
• Torts are civil wrongs that are not based on which legal relationship?
• Unintentional torts (negligence) occur when:
• Which defense is the only one that does not completely eliminate liability but dissolves damages?
• Which of the following is NOT a factor in determining if a product is unreasonably dangerous?
• Which option describes a remedy for patent infringement?
• Which scenario would likely be considered deceptive advertising?
• What is a tort?
• In evaluating professional negligence, what standard is used to judge a professional's conduct?
• Are copyright and plagiarism the same thing?
• Does trespass to land require actual harm to be actionable?
• The privilege to detain is granted to businesses and allows them to detain shoplifters with reasonable force for the police. What is this privilege commonly called?
• The cooling-off period is a consumer protection measure primarily associated with which area?
• What disclosure is required by the Telemarketing and Consumer Fraud and Abuse Prevention Act?
• Which two causation questions must be proven true to establish negligence liability?
• What is the third element required to establish defamation?
• Which act is commonly known by the acronym TCPA?
• Trespass to personal property involves interfering with possession of personal property.
• Libel is defined as
• A 7th grade teacher copies an article from the morning newspaper for class discussion. Is this infringement or fair use?
• Which of the following is a potential advantage of keeping information as a trade secret?
• Which defense holds that a danger is so well known to a particular user that the defendant has no duty to warn?
• Which statement is NOT typically true about independent regulatory agencies?
• Which of the following is a category of works protected by copyright?
• What is true about trade secrets compared to trademarks and copyrights?
• Offensive contact in tort cases is determined by which standard?
• Which type of mark is considered a strong mark?
• Under what condition can a statement of opinion be considered a statement of fact?
• Which statement about software and copyright is correct?
• Enabling legislation is exemplified by which of the following?
• Which agency is primarily responsible for enforcing auto fuel economy labeling?
• A superseding clause in negligence is best described as
• Defenses to wrongful interference include justification or bona fide competitive behavior.
• Under the arbitrary and capricious test, courts should hold agency actions unlawful if they are...
• Under strict product liability, what must be shown about the relationship between the defect and the injury?
• Negligent misrepresentation involves what?
• A literacy critic quotes from 6 short stories in a scathing review of a popular author's newest collection. Is this infringement or fair use?
• Which type of agency action is specifically exempted from the APA's requirements?
• Trade names are ...
• True or False: Actual malice requires knowledge of falsity or reckless disregard for the truth.
• Which statement about punitive damages?
• Product liability concerns the liability of whom?
• Qualified privilege requires what condition?
• Which of the following is a defense to tort liability (listed as the most common)?
• Which tort involves intentional harmful or offensive contact?
• Adjudication is defined as?
• Torts are defined as?
• Which statement best distinguishes assault from battery?
• During enforcement, if a business or individual refuses an inspection, which tools may be used to obtain testimony or documents?
• What are the three basic functions all federal agencies perform?
• Enabling legislation content is best described by which statement?
• Under the Lanham Act, false advertising claims are typically brought by which party?
• Strict liability is primarily a matter of what?
• The admin law judge must be independent from the presenting agency and no ex parte communications are allowed.
• Who can file a formal FTC complaint?
• When assessing defamation damages, which factors are considered?
• Which tort involves unlawful entry onto another's land without permission?
• Which statement accurately describes the final rule in the notice-comment-rulemaking process?
• Works owned by publishing houses are automatically protected for which duration?
• A tortfeasor is:
• The CPSC authority includes which of the following?
• Which defense prohibits a product liability suit when the product is subject to comprehensive federal regulatory schemes?
• Which entity has the authority to change an agency's procedural requirements through its enabling statute?
• What is causation in fact?
• Which of the following is a consumer protection in sales?
• Which defense involves the plaintiff knowingly facing risk or consenting to risk?
• Hustler Magazine v. Falwell involved a caricature of which public figure?
• Which are the three types of product liability?
• What does plagiarism involve?
• Which statement about trade secrets is true regarding registration requirements?
• Which of the following statements accurately describes the power to abolish an agency?
• Which term refers to a symbol or word that identifies the source of a product?
• Which of the following is a defense to defamation?
• What is true about generic terms in trademark law?
• Which factors influence whether a brand term earns secondary meaning?
• Which analysis compares risks and utilities of alternative designs to determine if a design is unreasonably dangerous?
• Which of the following is included among the six areas where due care must be exercised?
• Breach of duty by a professional is called what?
• In battery, is offensive touching sufficient to establish liability?
• What is required to prove actual malice for public figures?
• In trademark infringement, is intent required to prove infringement?
• If someone other than the copyright owner wants to use their material what needs to happen?
• In negligence, breach refers to:
• General damages definition?
• What criteria determine patentability?
• To prove negligence in product liability, which two causal elements must be established?
• Creative Commons, as described in the material, refers to which concept?
• Wrongful interference with a business relationship involves what action?
• What is the primary goal of the Small Business Regulatory Enforcement Fairness Act?
• What is a copyright?
• Which remedy would most directly prevent ongoing use of infringing material?
• Which statement correctly describes damage and damages?
• Which statement is accurate about the relationship between federal executive and independent regulatory agencies?
• Under trespass to land, when is a person trespassing if they enter to commit an illegal act?
• Which statement best describes the practical significance of administrative law?
• Which case is primarily about the use of a weapon to defend property leading to liability for the property owner?
• Inadequate warnings liability is based on foreseeability that proper instructions or labels would have made the product safe.
• Business torts include wrongful interference with contractual and business relationships.
• Which of the following is NOT one of the intentional torts against property listed?
• FOIA applies to which level of government?
• Which defense includes an outer time limit such as 12 years from purchase?
• Which statement is NOT a required element for expression to be protected by copyright?
• In a battery claim, which of the following damages is described as recoverable compensation?
• Defamation cases are usually filed in which court?
• Which statement about the duty of professionals is true?
• What do cooling-off laws provide consumers?
• Which subpoena type requires the production of books, papers, and records to the agency?
• To establish slander, the plaintiff must prove what?
• Is malice required for battery?
• What is the best way to protect a secret recipe?
• The Trademark Dilution Revision Act (TDRA) was enacted in 1995 to allow trademark owners to bring suits in which courts for dilution?
• Comparative negligence involves liability determined by
• Defamation is defined as
• Public discourse or private facts involves what kind of disclosure?
• Claims based on half-truths are deceptive because:
• Slander refers to defamation in which form?
• Which statement about copyright registration is true?
• Which defense reduces damages based on the plaintiff's own fault?
• During notice-comment-rulemaking, what happens after considering public comments?
• For a dilution claim, what does the similarity between the defendant's mark and the famous mark need to do?
• In Cruz v. Anheuser-Busch, what happened?
• The Consumer Product Safety Act (CPSA) applies to which?
• Punitive damages are awarded when?
• Under the TDRA, which is one of the essential elements required to state a claim for trademark dilution?
• What party did Pennzoil sue in the Texaco v. Pennzoil sequence?
• Which statute governs copyrights?
• Trespass to land includes intrusion into which area?
• Which scenario best illustrates strict liability in action?
• Slander of title entails which of the following?
• Gross negligence?
• Which type of agency action is specifically exempted from the APA's notice requirements?
• Public policy rests on three core assumptions regarding product liability. Which option best captures these assumptions?
• Content of warnings: Courts apply which test to determine if warnings adequately alert consumers to risks?
• To prove slander of quality, the plaintiff must prove what?
• Which defense says the plaintiff's own negligence contributed to the injury and reduces liability?
• Works created after January 1, 1978 are automatically granted what?
• What are the two types of privileged speech?
• Which statement best reflects the Government in the Sunshine Act?
• Which act requires the federal government to disclose records to any person or entity on a written request, even without reasoning?
• Which of the following is a defense to trespassing?
• False imprisonment is defined as confinement or restraint of another person's activities without justification.
• Which FTC order requires the advertiser to run a corrective advertisement to address previous misleading claims?
• Which statement correctly describes special and general damages?
• Enabling legislation at the state level typically does what?
• Cooling-off laws apply to which types of sales?
• Which FTC remedy involves money that goes to consumers?
• Which statement correctly describes when a trademark may be registered?
• To prove battery, what must a plaintiff show?
• Which statement describes judicial branch involvement in administrative agency oversight?
• Can assault or battery be argued if there is no immediate threat?
• Under common law, invasion of privacy includes which four categories?
• Which of the following is an example of conversion?
• The hearing before an admin law judge is best described as?
• Under product liability, negligence requires which of the following?
• A Good Samaritan statute generally provides that rescuers cannot be sued for negligence unless they act in what way?
• In judicial review, Chevron deference applies to questions of law.
• What term describes a time extension that suspends the filing deadline until discovery of injury?
• What is the first element required to establish defamation?
• For invasion of privacy by private facts, what must be shown?
• Which statement about copyrighting ideas is correct?
• When may a formal complaint be filed?
• The privilege to detain is intended to allow detaining shoplifters for what purpose?
• Which of the following is required to prove misrepresentation (fraud) in product liability?
• Causation in negligence requires showing that:
• Under the telemarketing laws, what must happen if a consumer requests to be removed from a calling list?
• Under slander per se, a statement that an unmarried woman is unchaste also applies to which groups?
• The 'reasonable person standard' refers to:
• Enabling legislation for an administrative agency typically includes which of the following?
• Under the Fair Packaging and Labeling Act, which entity is responsible for labeling the product?
• Under the material, treble damages are described as which principle?
• Which statement describes how trade secrets differ from trademarks and copyrights?
• Damages available in tort actions?
• What is a primary purpose of labeling and packaging laws?
• What is deceptive advertising?
• Which are commonly cited advantages of trademarks?
• Which pairing correctly identifies theories of product liability?
• Damages for copyright infringement include actual damages and statutory damages up to what amount?
• Which statement best defines trespass to land?
• Which statement best defines conversion?
• What does assumption of risk require for it to bar recovery?
• Which of the following is one of the six fair use exceptions?
• During judicial review, what deference do courts give on factual questions and on questions of law?
• Libel describes which of the following?
• Which statement is an example of slander per se?
• To sue for emotional distress the plaintiff needs what?
• Which type of federal agency sits outside the major executive departments and is independent?
• Which statement correctly describes generic terms?
• Which statement about compensatory damages is true?
• Which is a component of rulemaking procedures?
• In the context of copyright, public domain refers to which?
• What are the two main acts under consumer health and safety?
• For works by more than one author, which duration applies?
• Why are regulations often described as having a legislative character?
• Which defense is characterized by a time limit within which a lawsuit must be filed?
• Which term refers to a symbol or word registered to indicate the source of a product?
• Collective marks are used by which entity?
• To sue for breach of privacy, what must the plaintiff prove?
• Which is the first privacy tort listed among the four that qualify with defamation?
• Slander of title can cause:
• In evaluating what is reasonable for a professional, whose skills are taken into account?
• What are the three elements required to prove wrongful interference with a contractual relationship?
• What is the second element required to establish defamation?
• Which characteristic is listed as a pro of copyright?
• The duty of care & its breach are determined by which understanding?
• A college professor collects chapters from various books and brings them to the local copy center to have them made into a class anthology. She reuses the same anthology for 3 years and students are buying this collection at the copy center. Is this infringement or fair use?
• Trespass to personal property involves which of the following acts?
• Which of the following is NOT listed as a limit on subpoenas?
• The Government in the Sunshine Act requires which of the following regarding agency meetings?
• What action enables an agency to collect evidence of a regulatory violation at facilities or business records?
• What is bait-and-switch advertising?
• What is the primary focus of intentional torts?
• Which description best defines assault?
• The scope of trespass to land includes entry onto, above, or below the surface. Which statement best describes this scope?
• What did Hustler Magazine v. Falwell establish about defamation and the First Amendment when the subject is a public official?
• Which pairing correctly describes a privacy tort with its description?
• Real v.s personal property definitions: Which statement about personal property is correct?
• Which of the following is a valid defense to a claim of battery?
• Which of the following is NOT one of the six areas where due care must be exercised?
• In Katko v. Briney, what device was used by the defendant?
• Which act governs the safety and labeling of foods and drugs under FDA oversight?
• Licensing is ...
• Appropriation of identity involves what?
• The liability standard when a trespasser is harmed on the land is based on which duty?
• Which statements about patents are true?
• In tort law, which statement about assault and battery is true?
• Which test is commonly used to evaluate whether a product's design is unreasonably dangerous according to consumer expectations?
• Which of the following are examples of disparagement of property?
• Absolute privilege provides immunity in which contexts?
• What must the agency include in the hearing notice?
• What must a patent holder prove to obtain a permanent injunction for infringement?
• What is the test for proximate cause?
• Under trademark law, a descriptive or geographic term gains protection when ...
• In FTC v. MedLab, Inc., what was the outcome?
• Which statement best describes a manufacturing defect under strict product liability?
• What is the purpose of negotiated settlements?
• In Katko v. Briney, why did the court say the defendant was not privileged to use deadly force?
• Which statement about fair use is true?
• What are the four statutory factors used by courts to determine fair use?
• What does the FDA regulate?
• Which doctrine allows damages to be allocated proportionally to fault?
• The tort of invasion of privacy protects which right?
• Breaching libel orally is called what?
• Do intentional torts require motive?
• Which of the following are types of deceptive advertising?
• Manufacturing defects are described as which of the following?
• Who has a duty to warn business invitees of risks they know about or should have known about?
• What does the attractive nuisance doctrine provide in the context of trespass law?
• Which is a classic example of a product liability claim?
• Under the Chevron deference framework, when a statute is ambiguous, what is the court's approach?
• Under the Texas Deceptive Trade Practices Act, who bears treble damages, attorney fees, and costs when a merchant deceives consumers?
• Which defense includes a statute requiring suing within a period and a 12-year outer limit from purchase?
• Under the Fair Packaging and Labeling Act, which item is NOT a standard label requirement?
• True or False: plagiarism is not infringement?
• Under the Fair Packaging and Labeling Act, which two elements are explicitly required on the label?
• Which statement best describes privity in product liability claims?
• What happens after a hearing?
• Which statement describes a drawback related to technology in copyright discussions?
• Which statement about copyrights is true according to the material?
• What action did Getty take after canceling Pennzoil's merger agreement?
• The FTC Mail, Internet or Telephone Order Merchandise Rule requires what?
• Which act requires agencies to notify the public about meetings and ensures access to public sessions?
• Which duration applies to works published by a publishing house?
• In Texas, to prove intentional infliction of emotional distress, what must be proven?
• Which two entities entered into a merger agreement in the Texaco v. Pennzoil sequence?
• Which of the following is not one of the six areas where due care must be exercised?
• Which statement about intentional infliction of emotional distress (IIED) is consistent with the notes?
• Which statement best describes the relationship between copyright and plagiarism?
• Under trade secret law, a person who discloses or uses a trade secret without permission is liable if which condition is met?
• A service mark is a trademark used to distinguish which type of offerings?
• What are the 3 different kinds of FTC orders?
• In tort law, how is damage defined?
• Which statement describes an absolute privilege?
• Why must the product not be substantially changed from the time of purchase in strict liability?
• A licensee is best described as which of the following?
• Which term describes a defense that interrupts the causal chain due to an intervening act?
• In Texaco v. Pennzoil, who was the plaintiff?
• What happens when a patent expires?
• Can defamation apply to businesses and their products?
• What is a common exception to the duty to warn business invitees?
• Which federal statute provides the primary framework for trademark protection and incentives for brand investment?
• Which of the following is NOT typically considered part of invasion of privacy under common law?
• Which of the following is a labeling requirement under labeling and packaging laws?
• To establish negligence, the plaintiff must prove:
• True or false: Licenses are revocable by the owner.
• Design defects occur when a product is manufactured according to the manufacturer's standards, but the product injures a user due to its unsafe design. Which statement best describes design defects?
• Product liability is a matter of social policy and is based on two factors. Which statement correctly reflects one of these factors?
• Which are considered key elements of consumer protection?
• Which statement best describes the relationship of state administrative agencies to federal models?
• Which statement correctly distinguishes service marks, certification marks, and collective marks?
• What is the purpose of a search warrant in agency enforcement?
• Punitive damages?
• Which defense states that certain dangers are so common that manufacturers need not warn?
• Damages in negligence require that the plaintiff:
• Special damages definition?
• Punitive damages are subject to what?
• What was created under the Federal Trade Commission Act of 1914?
• What term refers to descriptive or geographic terms and personal names that acquire meaning over time in trademark law?
• Which statement correctly identifies two areas where strict liability applies?
• Transferred intent refers to:
• Which description best defines battery?
• Does the government have the right to limit punitive damages?
• In trademark infringement, what remedies may the holder recover?
• What is the reasonable person standard?
• Which statement about publication in defamation cases is true?
• Slander per se occurs when oral statements relate to which topics?
• What is the primary goal of the Lanham Act?
• Which statement is true about the Consumer Product Safety Act in terms of hazard notification?
• Which statement about labeling and packaging is true?
• Fair notice refers to the notice that regulatory agencies must provide to those affected by its regulations.
• Which statement best describes the three categories of torts: intentional, negligence, and strict liability?
• Which act created the requirement for auto fuel economy labels?
• What defines slander of quality?
• Disparagement of property refers to which of the following?
• Disparagement of property involves false statements about another's property that cause which harm?
• Which pairing correctly identifies the theories of product liability?
• Privity of contract is the relationship that exists between the promisor and the promisee of a contract.
• Which statement best defines patent infringement?
• Which of the following is a type of intentional tort?
• Which element is required to prove misrepresentation (fraud) in product liability?
• The duty of landowners to keep premises safe applies to:
• Public figures are excluded from defamation unless what?
• In the public policy assumptions, what is the stance on privity of contract between consumers and manufacturers?
• Fraudulent misrepresentation (fraud) consists of which elements?
• Which of the following is one of the five adjudication elements?
• Which statement about labeling and packaging laws is true?
• What does the auto fuel economy labeling require?
• Which tort results in the most complete destruction or denial of use of someone else's property?
• Which amendment limits the emotional distress claim?
• Can you be engaged in fair use and still be committing plagiarism?
• Which statement best describes strict liability in product liability?
• Which of the following best characterizes a fanciful mark?
• Which sequence correctly describes notice and comment rulemaking?
• Which of the following is an example of a strong mark?
• What are two other applications to strict product liability?
• Abusive or frivolous litigation includes which element?
• Copyright owners are protected against which actions?
• Which statement differentiates abuse of process from malicious prosecution?
• Which remedy was sought in the Pennzoil vs Texaco dispute?
• Under which act is there a requirement to analyze the impact of regulations on small business and to consider less burdensome alternatives?
• What does the Nutrition Labeling and Education Act enforce?
• What document did Pennzoil and Getty sign during their merger negotiations?
• Which defense asserts the defendant has no basis for the lawsuit?
• Compensatory damages definition?
• NOT one of the five adjudication elements?
• In Warner-Lambert v. FTC, what remedy did the court require for false advertising about curing the common cold?
• Trademark dilution is best described as using a famous mark in a way that reduces its value, reputation, or goodwill, even if there is no consumer confusion.
• Privity of contract describes the relationship that exists between the promisor and the promisee.
• Which subpoena type requires a witness to testify at an agency hearing?
• Which defense can suspend the statute of limitations based on discovery of injury?
• Which defense is designed to excuse warning when the danger is well known to a specific user group?
• What are the two classifications of torts?
• Which factors are considered when determining breach of duty of care?
• Copyright infringement occurs when which of the following happens?
• What does 'secondary meaning' refer to in trademark law?
• What is the general purpose of the FTC's orders and remedies?
• What is the purpose of a tort?
• Under common law, intrusion to an individual's affairs or seclusion includes which example?
• Which defense asserts that an intervening event breaks the chain of causation?
• Abnormally dangerous activities are best described as activities that
• Which acts are concerned with consumer protection in telemarketing and fax advertising?
• Which tort category has broad applicability across contexts such as safety and product liability?
• Actual malice in defamation means what?
• Which of the following describes the admin law judge's role?
• Which statement correctly describes federal executive agencies?
• What is the most common remedy for trademark infringement?
• If a defamatory lie is inherently damaging to a person's reputation, does the plaintiff need to prove special damages?
• Which statement about a license to enter property is true?
• Which defense uses the plaintiff's own fault to reduce liability?
• What must be present for the plaintiff to recover for negligence?
• When is trademark registration renewal due after initial registration?
• Which of the following is a defense to negligence?
• Which federal agency regulates a firm's capital structure and financing?
• Contributory negligence is best described as