Business Law 5-7

Question 1

Some torts are crimes.

Answer 1

True

Question 2

The victim must actually suffer offensive contact before he or she can succeed in a cause of action for assault.

Answer 2

False

Question 3

A battery occurs only if the victim suffers actual physical harm.

Answer 3

False

Question 4

Slander involves the oral communication of defamatory language.

Answer 4

True

Question 5

Oral defamatory statements must be communicated to a third party to be actionable.

Answer 5

True

Question 6

Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.

Answer 6

False

Question 7

To commit the tort of trespass to land, a person does not need to actually harm the land.

Answer 7

True

Question 8

If no harm or injury results from an allegedly negligent act, there is no tort.

Answer 8

True

Question 9

Under the doctrine of comparative negligence, both the plaintiff’s and the defendant’s negligence are taken into consideration.

Answer 9

True

Question 10

Strict liability is liability without fault.

Answer 10

True

Question 11

A service mark is used to distinguish products produced by the federal government from those produced by private corporations

Answer 11

False

Question 12

A patent applicant must demonstrate that the invention, discovery, or design is commercially practicable to receive a patent.

Answer 12

False

Question 13

It is not possible to copyright an idea.

Answer 13

True

Question 14

A person can reproduce copyrighted material without paying royalties for purposes such as teaching, including multiple copies for classroom use.

Answer 14

True

Question 15

A formula for a chemical compound may be a trade secret but a list of customers is not.

Answer 15

False

Question 16

Criminal defendants may be prosecuted by the persons who suffer harm as well as by the state.

Answer 16

False

Question 17

The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime.

Answer 17

False

Question 18

Some misdemeanors are felonies

Answer 18

False

Question 19

In most cases, criminal liability does not depend on the commission or omission of an act.

Answer 19

False

Question 20

The Fifth Amendment permits persons accused of murder to be tried for the same crime more than once.

Answer 20

False

Question 21

Under the exclusionary rule, all illegally obtained evidence must be included in any criminal prosecution.

Answer 21

False

Question 22

Criminal defendants must be informed of their right to remain silent.

Answer 22

True

Question 23

At common law, robbery was defined as breaking and entering into the dwelling of another with the intent to commit a felony.

Answer 23

False

Question 24

Embezzlement may be committed without physically taking property from the possession of another.

Answer 24

True

Question 25

The defense of entrapment is intended to prevent the police from pushing an individual into committing a crime

Answer 25

True

Question 26

To prevent harmful contact in dangerous situations, a person may use

Answer 26

Force that is reasonably necessary

Question 27

When Ace computers takes unethical steps to divert the customers of an adjacent competing store, Acme may be liable for

Answer 27

Wrongful interference with a business relationship

Question 28

An engineer supervises construction of a bridge which collapses due to faulty construction. As a professional, Sam is held to the same standard as

Answer 28

Other engineers

Question 29

Bob is injured in a car accident and sues Mary for negligence. Mary claims Bob was driving more carelessly. Comparative negligence in tort cases may reduce Bob’s recover

Answer 29

Even if Bob was only a small fraction at fault

Question 30

USA Transport Co uses a mark associated with its name to distinguish its services from those of other transport firms. The mark is a

Answer 30

Service Mark

Question 31

**Essay
Actus Reus
Trademark
Intentional Torts

Answer 31

Essay