21. Copy Products, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Imitated Goods, Inc. Copy’s unauthorized use of the mark constitutes trademark dilution provided
Answer
consumers are confused.
Copy and Imitated are competitors.
Copy’s use is intentional.
Copy’s use reduces the value of Imitated’s mark.
22. Ernie’s Good Eatin’ Cafe uses a distinctive decor, layout, menu, and style of service. This resturaunt’s image and overall appearance is
Answer
a certification mark.
a collective mark.
a service mark.
trade dress.
23. Sights Unseen, Inc., (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Corporation later begins to sell scopes with identical setups of lenses and mirrors, without SUI’s permission, to consumers. This is most likely
Answer
copyright infingement.
patent infringement.
trademark infringement.
not infringement.
24. Cathy uses, on her new recording Drive By, the exact note-for-note melody of a song written by Earl without his permission. This is
Answer
copyright infringement.
patent infringement.
trademark infringement.
a theft of trade secrets.
25. Ross e-mails Super Snowboard Company’s marketing campaign to Winter Sports Corporation, Super’s competitor, without its permission. This is
Answer
copyright infringement.
patent infringement.
trademark infringement.
a theft of trade secrets.
26. Vladimir is a “payday” lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is
Answer
a preponderance of the evidence.
beyond all doubt.
beyond a reasonable doubt.
clear and convincing evidence.
27. Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense
Answer
insanity.
duress.
entrapment.
self-defense.
28. Yvon is charged with the crime of theft for taking Zach’s briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense
Answer
if the fact was not reasonably made known to the public.
if the mistake negates the mental state necessary to commit a crime.
if the perpetrator was intoxicated.
under any circumstances.
29. Bob is arrested at his home, after the police search it and seize certain property to be used as evidence. A judge sets Bob’s bail, as required by a state staute, and Bob is put on trial. The U.S. Constitution provides safeguards against all of the following except
Answer
arrests without probable cause.
excessive bail.
trying someone for a criminal offense.
unreasonable searches and seizures.
30. Alan, the president of Bayside Investments, Inc., and Colin, Bayside’s accountant, are charged with a crime, after the police search Bayside’s offices. Under the exclusionary rule
Answer
certain Bayside records are excluded from subpoena.
certain parties to a criminal action may be excluded from a trial.
illegally obtained evidence must be excluded from a trial.
persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.
31. Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer’s parking lot on suspicion of larceny. Herb must be informed of his right to
Answer
a trial by jury.
punishment.
question witnesses.
remain silent.
32. GR8 Marketing Company and Hot Tunes, Inc., sign a document that states GR8 agrees to create a marketing campaign for Hot and Hot agrees to pay GR8 for the service. GR8 and Hot have
Answer
an executed contract.
an express contract.
an implied-in-fact contract.
a quasi contract.
33. Nate tells Opal, “I might sell the skis that I bought last fall since I haven’t used them and the skiing season is almost over.” This is
Answer
an acceptance of an offer.
an invitation to accept an offer.
an offer.
a statement of future intent.
34. Shelby offers to make digital copies of Relay Company’s business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule and the Uniform Electronic Transactions Act (UETA), Relay’s acceptance by e-mail will be considered effective when
Answer
received.
sent.
followed up by a confirmation letter sent by regular mail.
composed on a Relay computer.
35. Mayfair Company offers to sell a certain mall to Galleria Stores, Inc., for a certain price if it accepts before 10 A.M. Monday. A contract is formed if Galleria’s acceptance is received
Answer
before 10 A.M. Monday.
before midnight Monday.
before twenty-four hours of 10 A.M. Monday.
within a reasonable time of 10 A.M. Monday.
36. Intoxicated but fully aware of the consequences, Uri agrees to a two-year cell-phone service contract with Wander Talk, Inc., at more than the average market price. This contract is
Answer
enforceable.
not enforceable because contracting parties can change their minds.
not enforceable because the contract clearly favors Wander Talk.
not enforceable because Uri was intoxicated when he agreed to it.
37. Jon agrees to sell his K9 Sports Equipment store to Lacy. As part of the sale, Jon promises never to open a similar, competing store anywhere. Jon’s promise is most likely
Answer
invalid because it is part of a sale of an ongoing business.
invalid because of the unreasonable terms of area and time.
valid because it is part of a sale of an ongoing business.
valid because Joh and Lacy apparently have the capacity to contract.
38. McCall and Teresa enter into a contract for the distribution of McCall’s produce to local restaurants for which Teresa agrees to pay. McCall transfers his right to payment under the contract to Midtown Bank. This transfer is
Answer
a delegation.
an assignment.
a novation.
prohibited by law.
39. Equity Company and Faye enter into a contract for Faye to cater a meeting of Equity’s shareholders. When Faye’s schedule conflicts, she asks Gudren to serve Faye’s coffee and pastries at the meeting. This transfer of duties is
Answer
a delegation.
an assignment.
a novation.
prohibited by law.
40. Dina and Elle agree that Elle can satisfy a preexisting debt owed to Dina by paying the money directly to Fava. The designation of this contract as a third party beneficiary contract is determined by the intent to benefit
Answer
Dina, Elle, and Fava.
Dina only.
Elle only.
Fava only.
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