Competency 2 Pre-Test

When the states ratified the Constitution, they delegated certain powers-called enumerated powers-to the federal government.

True

_______ include environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties.

Option A: Constitutions

Option B: Revolutionary Statutes

Option C: Resolutions

Option D: None of the above (Answer)

A certification mark is usually owned by a for-profit corporation.

False

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Unintentional tort

Intellectual property falls into a category of property known as a(n) ________.

intangible property

A(n) ________ is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime.

arrest warrant

If a defendant is found not guilty in a criminal case, the government can retry the case with a new jury.

False

Assault and battery are mutually exclusive torts that do not occur together.

False

Obtaining nontestimonial evidence like fingerprints and body fluids violates the Fifth Amendment privilege against self-incrimination.

False

A company slogan is an example of a trademark.

True

The Economic Espionage Act states ________.

it is a federal crime to steal another's trade secret

After the copyright period runs out, the work enters the public domain.

True

The patent term begins to run from the date the patent is issued.

False

Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses?

the Fourteenth Amendment

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

False

The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.

Contributory negligence

The trademark symbol TM is used to indicate a registered mark.

False

If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

True

________ 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.

Strict liability

At what stage of the criminal procedure is the accused asked to enter a plea?

When the accused is taken to an arraignment

________ is a statute that relieves doctors from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

A Good Samaritan law

Mark and Jack work as clerks at the New Bank of North America. They plan to rob the bank and manage to get its floor plans. They study the security arrangements and movements of the security personnel of the bank. They even get weapons in case force is required to rob the bank. The police, however, get information about the plan and arrest Mark and Jack before the robbery occurs. Mark and Jack have committed which of the following crimes?

criminal conspiracy

Richard Bell, an organized crime boss and casino owner, has made a lot of money with his illegal drug operations and illegal gambling. In order to make it look like he earned the drug money legitimately, Richard has hired crooks to take the illegal money and spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings. What crime is Richard committing in converting his drug money to alleged legal money?

money laundering

To which Fifth Amendment provision in the U.S. Constitution do the Miranda rights refer?

privilege against self-incrimination

Richard Bell, an organized crime boss and casino owner, has made a lot of money with his illegal drug operations and illegal gambling. In order to make it look like he earned the drug money legitimately, Richard has hired crooks to take the illegal money and spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings. If he were caught, under which federal law would Richard be tried for his mob activities?

Racketeer Influenced and Corrupt Organizations Act

Reserved powers remain with the ________.

state governments

Which of the following statements is true of patenting a scientific principle?

A scientific principle can only be patented if it is a part of the tangible environment.

Which of the following is a form of limited protected speech?

offensive speech

Which of the following is a key function of the U.S. Court of Appeals for the Federal Circuit regarding patents?

It helps promote uniformity in patent laws.

Speech that is offensive to many members of the society, but is not obscene or violent, is held "unprotected" by the U.S. Supreme Court.

False

________ damages refer to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Punitive

Gregory Aimes, who is being tried for murder, has retained Linda Steve as an attorney for his defense. While questioning Gregory about the case, Linda receives a confession of murder from Gregory. Under which of the following conditions can Linda lawfully ignore the attorney-client privilege and report Gregory to the proper authorities?

if Gregory discloses to Linda that he plans to murder a specific person in the future

Which of the following statements is true about the strict liability doctrine?

Injured bystanders are entitled to the same protection as the product's consumer.

Why have checks and balances been built into the U.S. Constitution?

to prevent any one of the three branches of the government from becoming too powerful

In a civil lawsuit, liability has to be proven beyond a reasonable doubt.

False

Strict liability applies to services but not products.

False

A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n) ________ jury.

hung

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

False

In addition to recovering profits made by the offender and damages, a successful plaintiff in a misappropriation of a trade secret case can also ________.

Obtain an injunction prohibiting the offender from divulging the trade secret

The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

False