True/False

Indicate whether the sentence or statement is true or false.

true____ 1. Law is often defined as the body of principles that courts will enforce.
false____ 2. The right of privacy does not apply to intrusions into our privacy by means of new technology.
false____ 3. When a court decides a new question or problem, the decision is called a precedent.
true____ 4. Some of the powers delegated to the national government still may be exercised by states.
false____ 5. The Sherman Act may apply to production activities even if consumers are not involved.
true____ 6. A business may sue for treble damages under federal antitrust law.
true____ 7. Before an appeal can be taken to a court concerning a determination of an agency, all administrative
remedies must be exhausted.
true____ 8. An act that is a felony in one state will necessarily be a felony in another.
false____ 9. For business crimes, managers cannot be held criminally responsible for the conduct of their
employees.
true____ 10. The same act may be both a breach of contract and a tort.
true____ 11. Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they
believe has shoplifted.
True____ 12. Generic terms that refer to a type or class of goods are never subject to trademark protections.(
Generic terms are never eligible for trademark protection because they refer to a general class of
products rather than indicating a unique source).
false____ 13. Since March 1989, it is no longer necessary to include a notice of copyright in order to retain a
copyright to a literary or artistic work.
Multiple Choice
Identify the letter of the choice that best completes the statement or answers the question.
_D___ 14. A right can exist:
a. by itself.
b. only if created by a court.
c. only if there is a corresponding duty.
d. only under local law.
_D___ 15. Individual rights guaranteed in the United States Constitution:
a. have no accompanying duties.
b. apply only to a small number of individuals.
c. are subject to state legislative laws.
d. generally have accompanying duties.
_D___ 16. Technology: (C could also be true though D is trues as well)
a. has not created situations that require the application of new rules of law.
b. has indeed created situations that require the application of new rules of law.
c. has done away with the right of privacy.
d. has made it easier to identify when one's privacy has been invaded.
__C__ 17. The United States Supreme Court was created by:
a. Congress.
b. the President.
c. the Uniform State Law Commission.
d. none of the above.
_A___ 18. In mediation, the mediator acts like a: (A acts like a judge)
a. judge.
b. attorney.
c. messenger.
d. expert witness.
_D___ 19. The U.S. Constitution has been amended:
a. only expressly.
b. only by interpretation.
c. only by practice.
d. by each of the ways listed above.
_D___ 20. Which of the following statements concerning the Sherman Act are true?
a. The decisions of certain associations, including labor unions, are exempt from coverage.
b. The decisions of certain associations may be exempt if necessary to prevent financial
collapse.
c. Both a and b.
d. Neither a nor b.
_C___ 21. Which of the following statements is true regarding the World Trade Organization (WTO)?
a. The WTO has been in place since 1947.
b. The WTO coordinates its activities with GATT.
c. It provides a dispute settlement body to promote resolution of trade disputes.
d. It has the ability to impose criminal penalties.
_A___ 22. When a U.S. trademark holder licenses a foreign business use of its trademark overseas and a third party
imports these goods into the United States to compete against the U.S. manufacturer's goods, the foreign-made
goods are called:
a. "grey market" goods.
b. counterfeit.
c. specially licensed.
d. dumped goods.
_C___ 23. Which of the following is generally considered a felony?
a. reckless driving.
b. disturbing the peace.
c. robbery.
d. none of the above.
_B__ 24. Unauthorized use of a computer is: (Is a crime in Canada)
a. a crime in all states.
b. a crime in some states.
c. not a crime in any state.
d. a crime under federal law only.
_A___ 25. In order to establish the tort of false imprisonment, a person must show imprisonment for:
a. any amount of time.
b. at least one minute.
c. at least ten minutes
d. at least one hour.
_C___ 26. The degree of care required of a person is: (An ordinary prudent human being)
a. that which a person exercised in that situation.
b. that which an extraordinary person would exercise under similar circumstances.
c. that which an ordinarily prudent person would exercise under similar circumstances.
d. none of the above.
__D__ 27. Damages for mental distress are available to a plaintiff:
a. who can show an intention to engage in outrageous conduct.
b. who can prove negligence.
c. who is a mere bystander.
d. all of the above.
__A__ 28. Trademarks or service marks may be registered if they utilize terms that are:
a. suggestive of characteristics of the product or service to which they relate.
b. fanciful, arbitrary, or coined.
c. descriptive and have acquired a known secondary meaning linked to a product.
d. all of the above.
__D__ 29. It is important to protect trade dress against adoption by a competitor because such adoption can:
a. deceive purchasers into believing they have obtained a comparable product.
b. dilute the originator's resource investment in its product appearance.
c. usurp the business goodwill of the developer of the trade dress.
d. all of the above.
_D___ 30. Computer programs are subject to protection in the U.S. under:
a. copyright laws.
b. patent laws.
c. trade secret laws.
d. all of the above.
Case: Please choose only one of the following essays and respond. Please identify all legal issues raised. Please
define all legal terms used. Please try to apply the facts in the scenario to the elements of the legal terms used.
31. John an 18 year old boy was assaulted in the bathroom of the restaurant he worked at in Manchester, NH.
Restaurant Inc. is a franchisee of National Restaurant Inc. The assailant was someone John did not recognize even
though John has been working at the restaurant for six months. When he informed his manager Tom said, I told
you not to use that bathroom ever, you are fired. Please discuss the rights and duties of all parties. Please define
all legal terms.
Rights of John:
1- Getting the protection by his employer.
2- Informing the police to get his legal right.
3- Obtaining a proper financial compensation.
4- Bringing the assailant to the court.
5- To implement the strongest punishment of the assailant.

Duties of John:
1- To obey his managers instructions.
2- To avoid using bathroom with older people because he is just a teenager or underage.
3- Must use employees bathroom.
4- Must yell loudly to get helped by his co-workers.
Rights of the manager:
1- The workers must follow his instructions.
2- To maintain the reputation of his restaurant and the mother company.
Duties of the manager:
1- Protect the workers by all ways.
2- To install a camera to know the assailant exactly.
3- To know the assailant through the payment method.
4- To inform the police to arrest the assailant.