Review Assessment: TEST 2 (Chapters 8-11)

Question 1 If a crime does not hurt an identifiable person, it is still a tort. Selected Answer: Correct Answer: Question 2 Defamation by computer cannot occur. Selected Answer: Correct Answer: Question 3 False False False False

2 out of 2 points

2 out of 2 points

2 out of 2 points Generic terms that refer to a type or class of goods are always subject to trademark protections. Selected Answer: Correct Answer: False False 2 out of 2 points An act that is a felony in one state will not necessarily be a felony in another. Selected Answer: Correct Answer: True True

Question 4

Question 5

2 out of 2 points Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity. Selected Answer: Correct Answer: True True

Question 6

2 out of 2 points For an act to be considered a crime, it is not necessary that some person be harmed. Selected Answer: Correct Answer: True True 2 out of 2 points Intellectual property rights, even in cyberspace, are protected for the sake of: a. government intrusion. b. the integrity of contract law. c. the wealthy. d. innovation.

Question 7

Selected Answer: Correct Answer: Question 8

d. d. 2 out of 2 points

Interception of your email by someone other than your employer is: a. Acceptable. b. Acceptable, but only if the email is "live." c. Illegal under the Electronic Communications Act of 1986. d. Illegal unless your employer approves of the interception. Selected Answer: Correct Answer: Question 9 Bribery is defined as: Selected Answer: Correct Answer: Question 10 d. giving money to a person to influence that person's judgment. d. giving money to a person to influence that person's judgment. c. c. 2 out of 2 points

2 out of 2 points Which of the following criminal penalties specifically oriented to the "corporate" person have been proposed by legislators? a. reducing prison sentences for corporate employees b. holding shareholders personally responsible c. mandatory prison sentences for officers and directors of a corporation who are convicted of crimes d. none of the above Selected Answer: Correct Answer: c. c.

Question 11

2 out of 2 points Utility, product, and design patents are the three types of patents available under U.S. law. Selected Answer: Correct Answer: False False

Question 12

2 out of 2 points Appropriation is the taking of an image off someone's web site and using it for advertising. Selected Answer: Correct Answer: True True

Question 13

2 out of 2 points Owners of copyrights may not prohibit limited use of copyrighted material if it is used for parody or criticism. Selected Answer: Correct Answer: True True 2 out of 2 points

Question 14

Computer programs are not subject to copyright and patent protection. Selected Answer: Correct Answer: Question 15 A person may not be held criminally liable for acts committed by another. Selected Answer: Correct Answer: Question 16 Having a motive is not an essential element of tort liability. Selected Answer: Correct Answer: Question 17 True True False False 2 out of 2 points False False 2 out of 2 points

2 out of 2 points The tort of false imprisonment does not require the detention of a person without his or her consent. Selected Answer: Correct Answer: False False 2 out of 2 points Trade dress refers to the packaging look and overall image of a product. Selected Answer: Correct Answer: True True

Question 18

Question 19

2 out of 2 points The taking of an image, likeness, or name for purposes of commercial advantage is protected by the law of: a. intellectual property. b. torts. c. crimes. d. contract. Selected Answer: Correct Answer: b. b. 2 out of 2 points The areas of law are covered within "Cyberlaw" are: Selected Answer: Correct Answer: d. All of the above. d. All of the above.

Question 20

Question 21

2 out of 2 points The rights of copyright holders, in addition to U.S. copyright law, are also protected under: a. international laws and treaties such as the Berne Convention. b. federal piracy laws. c. both a and b. d. neither a nor b.

Selected Answer: Correct Answer: Question 22

c. c.

2 out of 2 points A word, name, symbol, device, or combination of these, that is used to identify a product is a _________. Selected Answer: Correct Answer: Trademark Trademark

Question 23

2 out of 2 points Which of the following statements regarding the Foreign Corrupt Practices Act is true? a. It applies only to foreign officials in this country. b. It applies only to foreign officials outside this country. c. It applies only to "grease" payments. d. None of the above are true. Selected Answer: Correct Answer: d. d. 2 out of 2 points A plaintiff can receive damages for mental distress if: a. he/she can show an intention to engage in outrageous conduct. b. he/she can prove negligence. c. he/she is a mere bystander. d. all of the above. Selected Answer: Correct Answer: D. D. 2 out of 2 points Generally, felonies are more serious than misdemeanors. Selected Answer: Correct Answer: True True

Question 24

Question 25

Question 26

2 out of 2 points Mask works are a new form of intellectual property in the semiconductor industry that has been protected in the U.S. since 1984. Selected Answer: Correct Answer: True True 2 out of 2 points Cyberlaw includes the area of criminal law. Selected Answer: Correct Answer: True True

Question 27

Question 28

2 out of 2 points The manner in which ideas are expressed in literary, musical, dramatic, and other artistic works may be copyrighted.

Selected Answer: Correct Answer: Question 29

True True 2 out of 2 points

Even though corporation is not a human being, it can be convicted of a crime. Selected Answer: Correct Answer: Question 30 Alice strikes Mary, but the action is not purposeful. Mary should sue Alice for: Selected Answer: Correct Answer: Question 31 Defamation of a public figure requires what additional element? Selected Answer: Correct Answer: Question 32 Trespass applies to: a. persons only. b. property only. c. both persons and property. d. only government property. Selected Answer: Correct Answer: Question 33 Concerning torts and crimes, choose the correct statement: Selected Answer: Correct Answer: Question 34 Due process rights apply to: a. individuals only. b. corporations only. c. both individuals and corporations. d. individuals only in their official capacity within a business. Selected Answer: Correct Answer: Question 35 Which of the following is a violation of federal law? c. c. 2 out of 2 points c. A crime may also be a tort. c. A crime may also be a tort. 2 out of 2 points C. C. 2 out of 2 points b. malice b. malice 2 out of 2 points d. negligence. d. negligence. 2 out of 2 points True True 2 out of 2 points

Selected Answer: Correct Answer: Question 36

a. shipping mislabeled food across state lines a. shipping mislabeled food across state lines 2 out of 2 points

Under the Computer Software Copyright Act of 1980, a written program: Selected Answer: Correct Answer: Question 37 c. is protected as any other copyrighted material even if it is in written form. c. is protected as any other copyrighted material even if it is in written form.

2 out of 2 points To establish the tort of false imprisonment, a person must show imprisonment for: Selected Answer: Correct Answer: a. any amount of time. a. any amount of time. 0 out of 2 points Today, the widest range of tort liability arises in the field of negligence. Selected Answer: Correct Answer: False True

Question 38

Question 39

2 out of 2 points In determining if the defendant is liable for negligence, a reasonable person standard is employed. Selected Answer: Correct Answer: True True

Question 40

2 out of 2 points Injunctive relief is available under the Lanham Act to prohibit a competitor from unfairly using another's trademark or trade dress. Selected Answer: Correct Answer: True True

Question 41

2 out of 2 points Trademarks may be used to protect the exclusive right to identify either products or services. Selected Answer: Correct Answer: False False

Question 42

2 out of 2 points John gets on the Internet and secures information (including credit history) on another. If that information is used to purchase products in another's name, John's activities are termed what? a. Contract interception. b. Character assassination. c. Identity theft . d. None of the above. Selected Answer: c.

Correct Answer: Question 43

c. 2 out of 2 points

The formation of contracts in cyberspace is governed today largely by: a. international contract law principles. b. traditional contract law principles. c. federal contract law principles. d. uniform state laws. Selected Answer: Correct Answer: Question 44 Racketeering is defined as: Selected Answer: Correct Answer: Question 45 Computer crimes include: a. theft of hardware. b. theft of software. c. intentional damage to information stored on a computer. d. all of the above. Selected Answer: Correct Answer: Question 46 Extra Credit Case Question 1: Over a period of five years, Drake knowingly and willfully engaged in a pattern of criminal activity that entailed repeated fraudulent sales of worthless swampland to elderly persons. Drake advertised this land by mailing fraudulent brochures to persons in many states. Drake also paid money to government officials in order to obtain their approval of these land sales. Mrs. Hinton unsuspectingly bought some of this worthless land from Drake, and she paid him $10,000 for the property. 1. What white colar crimes did Drake commit? Selected Answer: Correct Answer: Question 47 f. all of the above f. all of the above d. d. 5 out of 5 points b. using money derived from illegal activities to invest in legitimate businesses. b. using money derived from illegal activities to invest in legitimate businesses. 2 out of 2 points b. b. 2 out of 2 points

5 out of 5 points Extra Credit Case Question 2: What criminal penalties may be imposed against Drake? Selected Answer: Correct Answer: d. Both a and b d. Both a and b 2 out of 2 points Extra Credit Question 3.

Question 48

As a remedy against Drake, Mrs. Hinton cannot sue for treble (triple) damages under federal and state RICO laws. Selected Answer: Correct Answer: Question 49 Conspiracy means an agreement not aimed at committing a criminal act. Selected Answer: Correct Answer: Question 50 A wrong that arises from a violation of a private duty is called a: Selected Answer: Correct Answer: Question 51 b. tort. b. tort. False False 2 out of 2 points False False 2 out of 2 points

2 out of 2 points A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively: Selected Answer: Correct Answer: d. all of the above. d. all of the above. 2 out of 2 points White-collar crimes generally do not involve violence. Selected Answer: Correct Answer: True True

Question 52