Daytona State College - ACG 2071Exam 2 Best Attempt. 100% Grade

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Question 1 (2 points) In order to claim damages for negligence per se, the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute. Question 1 ... options: True False Save Question 2 (2 points) Which of the following statements is true of the tort of assault? Question 2 options: Physical contact is the only requirement for a tort of assault. Actual physical contact between plaintiff and defendant is not necessary. An attack is not considered an assault if the defendant was provoked to attack a plaintiff. An attack is considered an assault only if the defendant was provoked to attack a plaintiff. Save Question 3 (2 points) The threat of immediate harm or offensive contact is termed as ________. Question 3 options: assault battery libel disparagement Save Question 4 (2 points) The violation of a statute that proximately causes an injury is termed as negligence per se. Question 4 options: True False Save Question 5 (2 points) If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent, the merchant is liable for the tort of malicious prosecution. Question 5 options: True False Save Question 6 (2 points) Which of the following is an intentional tort? Question 6 options: breach of duty of care disparagement negligence defect in product manufacture Save Question 7 (2 points) The violation of a statute that proximately causes an injury is termed as ________. Question 7 options: misappropriation negligence per se res ipsa loquitur disparagement Save Question 8 (2 points) A tort can be considered an assault without there being any actual physical contact. Question 8 options: True False Save Question 9 (2 points) A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured. Question 9 options: True False Save Question 10 (2 points) Libel and slander constitute ________. Question 10 options: defamation of character the tort of outrage intentional misrepresentation the tort of appropriation Save Question 11 (2 points) In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________. Question 11 options: was injured after the defendant's liability for the risk ended had knowledge of the specific risk and voluntarily assumed the risk assumed there was no risk involved and entered into the activity that injured him or her was injured in an activity that had no risk of any manner Save Question 12 (2 points) Which of the following is true about the duty of care? Question 12 options: A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care. The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession. Breach of duty of care is not actionable unless the plaintiff suffers injuryor injury to his or her property. Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff. Save Question 13 (2 points) Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury. Question 13 options: True False Save Previous PageNext Page Question 14 (2 points) Negligence requires a defendant to be at faultfor causing the plaintiff's injuries. Question 14 options: True False Save Question 15 (2 points) In a negligence lawsuit, parties who were not actually negligent are also liable to the plaintiff. Question 15 options: True False Save Question 16 (2 points) ________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault. Question 16 options: Superior responsibility Strict liability Contingent liability Absolute liability Save Question 17 (2 points) ________ refers to a statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product. Question 17 options: Statute of general application Statute of repose Statute of limitations Statute of frauds Save Question 18 (2 points) ________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging, causing injury if the dangers are unknown. Question 18 options: Failure to warn Defect in packaging Defect in manufacture Failure to provide adequate instructions Save Question 19 (2 points) A defect in manufactureoccurs when the manufacturer fails to warn customers about the dangerous propensities of its products. Question 19 options: True False Save Question 20 (2 points) ________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff. Question 20 options: Misrepresentation Nuisance Negligence Fraud Save Question 21 (2 points) ________ refers to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff. Question 21 options: Punitive damages Nominal damages Reliance damages Consequential damages Save Question 22 (2 points) Under the doctrine of comparative negligence, if the defendant is 50 percent responsible for injuries worth $10,000 suffered by the plaintiff, then the defendant must pay $5,000 in damages. Question 22 options: True False Save Question 23 (2 points) Which of the following statements is true about the strict liability doctrine? Question 23 options: Privity of contract between the injured party and defendant is mandatory. Parties in the chain of distribution are strictly liable only to the customer who buys the product. Injured bystanders are entitled to the same protection as the consumer or user. Injured bystanders cannot recover damages under the strict liability doctrine. Save Question 24 (2 points) The liability of manufacturers, sellers, lessors, and others for injuries caused by defective products is commonly referred to as product liability. Question 24 options: True False Save Question 25 (2 points) Under the doctrine of strict liability, a plaintiff cannot recover punitive damages for reckless conduct of the defendant. Question 25 options: True False Save Previous PageNext Page Question 26 (2 points) Which of the following would be considered a copyright infringement? Question 26 options: using several clips of a documentary movie use of copyrighted material in a spoof or satire reproduction by a teacher or student of a small part of the work to illustrate a lesson a brief quotation in a news report Save Question 27 (2 points) Trademarks that have become generic names are protected under federal trademark law. Question 27 options: True False Save Question 28 (2 points) After the copyright period runs out, the work enters the public domain. Question 28 options: True False Save Question 29 (2 points) A company logo would be an example of a ________. Question 29 options: copyright trademark trade secret patent Save Question 30 (2 points) Which of the following is suitable for copyrighting? Question 30 options: business methods musical compositions buildings product logos Save Question 31 (2 points) The patent term begins to run from the date the patent is issued. Question 31 options: True False Save Question 32 (2 points) If a competitor reverse engineers a trade secret, then the competitor is ________. Question 32 options: rightfully allowed co-ownership to the trade secret and its original trademark not allowed to gain commercially from the trade secret obliged to inform the original owner of the trade secret allowed to use the trade secret but not the original trademark Save Question 33 (2 points) Uploading copyrighted material to an unauthorized web site by a non-copyright holder would count as an act of copyright infringement under the ________. Question 33 options: Digital Millennium Copyright Act No Electronic Theft Act Sonny Bono Copyright Term Extension Act Berne Convention Act Save Question 34 (2 points) A competitor can lawfully use a rival's trade secret if the competitor got the trade secret by means of ________. Question 34 options: reverse engineering patenting copyrighting cross-licensing Save Question 35 (2 points) ________ is a legal right that gives the author of qualifying subject matter, and who meets other requirements established by law, the exclusive right to publish, produce, sell, license, and distribute the work. Question 35 options: Patent Copyright Trade secret Trademark Save Question 36 (2 points) Which of the following is considered to be a part of intellectual property? Question 36 options: business contracts vehicles patents buildings Save Question 37 (2 points) A competitor can lawfully discover a trade secret by performing reverse engineering. Question 37 options: True False Save Previous PageNext Page Question 38 (2 points) The Eighth Amendment prohibits capital punishment. Question 38 options: True False Save Question 39 (2 points) Which of the following types of protection does the Fourth Amendment provide to U.S. citizens? Question 39 options: protection from unreasonable search and seizure by the government protection against self-incrimination protection against being tried for the same case twice protection from cruel and unusual punishment for a criminal defendant Save Question 40 (2 points) Which of the following amendments to the U.S. Constitution protects criminal defendants from cruel and unusual punishment and also protects criminals from torture? Question 40 options: Fourth Amendment Fourteenth Amendment Fifth Amendment Eighth Amendment Save Question 41 (2 points) The Sixth Amendment guarantees that a criminal defendant has the right to a public jury trial. Question 41 options: True False Save Question 42 (2 points) Who is the plaintiff in a criminal lawsuit? Question 42 options: a private party the respondent the government the victim Save Question 43 (2 points) According to the ________, evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched. Question 43 options: exclusionary rule double jeopardy rule Miranda rights presumption of innocence doctrine Save Question 44 (2 points) The crime of ________ involves the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear. Question 44 options: embezzlement bribery extortion money laundering Save Question 45 (2 points) A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial. Question 45 options: True False Save Question 46 (2 points) ________ is the fraudulent conversion of property by a person to whom that property was entrusted. Question 46 options: Embezzlement Bribery Forgery Extortion Save Question 47 (2 points) The Fifth Amendment protects people from unreasonable search and seizure by the government. Question 47 options: True False Save Question 48 (2 points) The exclusionary rule allows for evidence obtained from an unreasonable search and seizure to be introduced in trial. Question 48 options: True False Save Question 49 (2 points) A crime is the violation of a statute for which the government imposes a punishment. Question 49 options: True False Save Question 50 (2 points) A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n) ________. Question 50 options: grand jury struck jury hung jury open jury Save Previous PageNext Page [Show More]

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