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Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program Arvitz normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated:
Wordsample’s copyright rights
Legal Reasoning: Computer software programs and source codes are protected creative works under federal copyright law. Bypassing copy protection to make and distribute unauthorized copies of the software to others constitutes copyright infringement
Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe’s friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital “product” to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has:
committed copyright infringement because Chloe’s actions are not permissible under the first sale doctrine.
The first sale doctrine allows the lawful owner of a specific physical copy of a copyrighted work to resell or give away that particular physical copy. However, making new digital reproductions by scanning the book and selling those unauthorized copies to others constitutes illegal reproduction and distribution under copyright law, which is not protected by the first sale doctrine
Myra purchases an electric can opener from her neighbor’s yard sale. That evening, as Myra is using the can opener for the first time, it explodes, sending shards of plastic and metal into Myra’s face and eyes. Myra wants to file a product liability lawsuit because the can opener was defective and caused her injury. If Myra files the lawsuit, she can effectively sue:
the retailer who sold the can opener to Myra’s neighbor and the manufacturer of the can opener.
Correct. To be sued for a defective product that causes injury to a consumer, one must be engaged in the business of selling such a product. This would include the retailer and manufacturer, but not Myra’s neighbor.
Strict Liability: Liability Without Fault
A person is held responsible for harm even if they used the utmost care
Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall 100 feet to their deaths. Rihana’s parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country’s defense will probably:
not be successful because companies cannot require their patrons to sign a waiver of liability.
not be successful, because Rihana did not assume the risk of the water ride collapsing.
be successful because companies can lawfully require their patrons to sign a waiver of liability.
be successful because Rihana assumed the risk of riding on the water slide
not be successful, because Rihana did not assume the risk of the water ride collapsing.
Liam is Neely’s supervisor. During Neely’s yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably:
not be successful if Liam’s comments on Neely’s written evaluation were made in good faith.
Freddy carries his books and school supplies in a large backpack. The hallways at Freddy’s school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:
what a reasonable person would have done under the circumstances.
Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie’s abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:
that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.
Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome’s car, causing Jerome’s car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:
put Jerome in a better position than he would have been in had the tort not occurred.
reward Jerome for not being at fault.
punish Andrea for her bad acts.
put Jerome in the position he would have been in had the tort not occurred.
put Jerome in the position he would have been in had the tort not occurred.
Kevin is preparing his wife’s favorite stir-fry dish for dinner. As Kevin is chopping the vegetables for the stir-fry, his hand slips and he cuts his hand on the sharp knife. Kevin’s wife rushes him to the emergency room. Kevin receives 20 stitches because the cut is so deep. Kevin wants to sue the knife manufacturer for damages. Kevin claims that the knife was defective because it was unreasonably dangerous. If Kevin files a strict liability lawsuit against the knife manufacturer, he will:
lose, because a sharp knife is not unreasonably dangerous.
Laura purchases a lawnmower from Tractor Supply. The lawnmower has a flap in the back so the blade is not exposed to the person pushing the lawnmower. Laura does not like the flap dangling down, so she removes the flap. While Laura is mowing her yard, the mower slings a sharp rock into the air. The rock strikes Laura in the eye. Laura sues Tractor Supply, alleging that the lawnmower is defective and caused injury to her. In her lawsuit against Tractor Supply and the manufacturer, Laura will likely be:
unsuccessful, because the lawnmower was not in the same condition that it was in when Laura bought it.
Marla suffers a heart attack after taking a prescription drug that has been linked in studies to heart problems. Marla would like to sue for her injuries. Marla does her homework and discovers there are five manufacturers of the drug. Unfortunately, because Marla took the drug five years ago, there is no way to tell which manufacturer created the actual drug that Marla took. To proceed with her lawsuit:
Marla can sue all five manufacturers, and any recovery she receives will be apportioned among the manufacturers according to their share of the market.
Fernando is riding his Kawasaki motorcycle and the front wheel falls off. Fernando is severely injured, of course. Fernando hires a mechanic to look at the motorcycle. The mechanic discovers that the bolt that holds the front tire in place had broken in half because it was not thick enough, and this is what caused the tire to fall off. The mechanic explained that using a thicker bolt would only have cost a few dollars more! Fernando sues Kawasaki for his injuries, claiming that Kawasaki had used a defective design in manufacturing its motorcycle. To be successful in his defective design product liability lawsuit, Fernando must prove:
that a reasonable alternative design was available, and that as a result of the failure of Kawasaki to adopt the alternative design, the product was not reasonably safe.
only that the tire fell off and that Fernando was injured.
that Kawasaki intentionally used defective materials in its design.
only that the product was unreasonably unsafe.
that a reasonable alternative design was available, and that as a result of the failure of Kawasaki to adopt the alternative design, the product was not reasonably safe.
Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and Monica will be the only one who can sell it. Monica likes the idea of making a lot of money but knows she will have to reveal her formula to obtain a patent, otherwise she would have to keep it a trade secret. If Monica decides to apply for and receives a patent on the cleaning solution:
she can change the formula and still maintain her patent.
she has revealed the formula but has the sole right to produce it and sell it for 40 years.
she has revealed the formula but has the sole right to produce it and sell it for 20 years.
she will be protected under Section 757 of the Restatement of Torts
she has revealed the formula but has the sole right to produce it and sell it for 20 years.
Dakota’s series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that. When Antwone researches that issue for Dakota, he will discover that:
Dakota’s novels will be protected if both the United States and Australia are signatories to the Berne Convention.
Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program Arvitz normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated:
Wordsample's trademark rights.
Wordsample's copyright rights.
no rights.
Wordsample's trade secret rights.
Wordsample's copyright rights.
Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family’s recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Benita knows if she files a patent application, she would have to include a list of her ingredients. Because Benita’s main concern is protecting the recipe from being revealed to anyone else, Benita’s best approach is to treat the family fried gordita recipe as a:
patent.
trademark.
copyright.
trade secret.
trade secret
Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe’s friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital “product” to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has:
not committed copyright infringement whether or not she sells the textbook back to the bookstore at the end of the semester.
committed copyright infringement if Chloe sells the textbook back to the bookstore at the end of the semester.
not committed copyright infringement because Chloe’s actions are permissible under the first sale doctrine.
committed copyright infringement because Chloe’s actions are not permissible under the first sale doctrine.
committed copyright infringement because Chloe’s actions are not permissible under the first sale doctrine.
Beatrice runs a boutique clothing store called Jewel’s Place. Beatrice’s biggest local competitor is Andrea, who owns a similar shop called Rags to Riches. Beatrice makes several social media posts stating that Andrea purchases the clothing in her store from an overseas sweat shop that hires underage children and pays them only 50 cents per day. Beatrice’s online posts:
constitute defamation if the statements are not true.
Oscar is an excellent computer programmer who has been asked by a local university to teach a course in computer sciences. As part of the curriculum, Oscar teaches students how to bypass certain security features of popular software programs. During one class lesson, Oscar opened a homework grading software and demonstrated to students the exact steps to uncover all the correct answers. Is Oscar's conduct a violation of the Digital Millennium Copyright Act (DMCA)?
No, because it was done for educational purposes.
Evelyn is looking for a baby gift for her friend, so she visits an online social media site, Bundle of Joy, to get some ideas. Bundle of Joy is a social media site where expectant and recent mothers can visit and exchange ideas and concerns. It has a huge presence on the internet, almost as big as Facebook. Evelyn is always concerned about her privacy online, so she carefully reviews the company’s privacy policy before she uses the website. The privacy policy clearly states that the site uses cookies to gather information from the user, but the information will be used only by Bundle of Joy to help the user connect with other users who share common interests. A week later, Evelyn begins receiving offers for baby items from multiple online retailers, each beginning with the words: “Because you visited Bundle of Joy…..” Evelyn is enraged and complains to the Federal Trade Commission (FTC). Is there anything the FTC can do on Evelyn’s behalf?
Yes, the FTC can sue Bundle of Joy if it has an agreement with Bundle of Joy that allows the FTC the power to review Bundle of Joy’s privacy and data practices and if Bundle of Joy violates its own policies.
Josef grew tired of making minimum wage at a local fast-food restaurant, so he decided to pursue a more lucrative venture. Josef started selling marijuana and meth and soon built up a substantial business. Josef then posts about his success on Facebook, displaying a picture of himself surrounded by his “product” and fanning out a big stack of cash. After local law enforcement learns of the post, an officer friends Josef online to learn more about his contacts, so local law enforcement can find out who Josef’s customers and suppliers are. Any information obtained through this online “sting”:
can be legally used.
Hallie has worked at Blue Stone Insurance Company for 12 years. Hallie has never had a discipline problem and has always excelled in her job as a human resources specialist. Yesterday, Hallie’s supervisor Kimberly contacted her and told Hallie that she was being let go because of some controversial Facebook posts that Hallie had made that violated Blue Stone’s media policy. Hallie had posted on Facebook pictures of herself smoking marijuana and made statements that Blue Stone’s random drug testing policy was unfair. Hallie also listed the names of Blue Stone employees who were scheduled to be drug tested in the next week. Hallie wants to sue the company for unlawful firing; she believes that her First Amendment rights have been violated because Blue Stone accessed her Facebook account and fired her based on her posts. Does Hallie have a valid claim for wrongful termination?
No, Hallie does not have a valid claim for wrongful termination because her posts violated the company’s social media policy.
Yes, Hallie has a valid claim for wrongful termination because an employer censoring an employee’s social media posts is a violation of the First Amendment.
Yes, Hallie has a valid claim for wrongful termination because courts have held that an employer cannot terminate a person based on that person’s violation of the company’s social media policy.
No, Hallie does not have a valid claim for wrongful termination because the First Amendment does not cover posts on social media.
No, Hallie does not have a valid claim for wrongful termination because her posts violated the company’s social media policy.
Alfonso plays basketball for Hope County High School. His team makes it to the state tournament, where they play their archrival, Duvall County High. After an intense game where tempers were running high, the Hope County team wins. While walking home from the basketball game, Alfonso is confronted by George, a member of the Duvall County team. George pushes Alfonso, causing him to fall to the ground. Enraged, Alfonso pulls a gun from his gym bag and shoots George in the chest, killing him instantly. Alfonso is arrested and charged with murder. Alfonso claims he shot George in self-defense. At trial, Alfonso’s claim of self-defense is likely to be:
unsuccessful, because Alfonso used excessive force.
Angelina and Sophia attended a professional development retreat at Ferncliff Camp. They met at a downtown location and traveled to the camp by bus. After three days of team-building exercises, Angelina and Sophia returned on the bus to their respective cars. When Angelina arrived at home, she discovered the camp employee who unloaded the bus had given her Sophia’s luggage by mistake. She called the camp to explain what happened and hopefully get her luggage back. Angelina can be charged with the crime of:
theft, because she took Sophia’s suitcase without permission.
theft by receiving, because the suitcase was handed to her by a camp employee.
nothing, because she did not have the mental state required to commit a crime.
conversion.
nothing, because she did not have the mental state required to commit a crime.
Bart works as an accountant for Good Times Restaurant. He is responsible for not only keeping the books current but also for making daily bank deposits for Good Times. Bart has been struggling financially, so he decides to put some of the daily bank deposits for Good Times into his personal account, instead of the bank account of Good Times. Every day, for 1 month, he takes 10 percent of the cash receipts from Good Times and deposits them into his personal checking account. When the manager of Good Times discovers what Bart is doing, she contacts the police, and Bart is arrested. Bart can be found guilty of:
embezzlement.
Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States’ waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed’s unlawful actions, can Bristol be held criminally liable?
Bristol can be held criminally responsible if Sanford knew of Ahmed’s criminal actions.
which of the following intentional acts could result in a tort lawsuit
Defamation
Assault
Trespass
All of the above
All of the Above
Rachel is injured in 2 car accident. What damages can the jury award if she sues one or both of the drivers?
Special Damages
Organized Damages
Public Order Damages
Conversion Damages
Special Damages (cost is known, reimburse to $ amount)
A business can be found liable for a loss even though it can prove that it excersized the utmost care. This is called:
actual malice
unfair
probable cause
strict liability
Strict liability
What must you do to protect your right to commercially benefit from an original screenplay that you wrote?
register it
fix it in a durable medium
license it
patent it
fix it in a durable medium (copyright it automatic
What crime did 7-11’s cashier commit when she took $10.00 from her cash drawer, but then felt guilty & returned it
infringement
no crime
burglary
emezzlement
Embezzlement
In a negligence lawsuit, the jury determines whether defendant acted unreasonably as compared to
a reasonable man