10) John has invented a device to monitor the tire pressure on bicycle tires. This de-
vice consists of a tire pressure sensor on the tire with a radio transmitter and a receiv- er mounted on the handlebars to give a readout of the pressure. The radio transmit- ter is similar to existing designs, but one has never been used in this way. The product cannot be produced for less than $120, but John’s preliminary marketing studies indicate that the product could not be sold for more than $25. Which of the following is true?

1. John cannot get a patent because the transmitter part is not a new invention.
2. John can get a provisional patent which would provide limited protection until he can redesign it so that it can be made for under $25.
3. John cannot get a patent because the inability to produce the product at a cost low enough to sell it means that it does not meet the usefulness requirement.
4. John can obtain protection for his invention even if someone else files a patent ap- plication for the same invention so long as John actually invented his first and only if he pays a fee of $1,000.
5. John can obtain protection for his invention even if someone else files a patent appli- cation for the same invention so long as John actually invented his first.

11) Business law teacher Sue Smith copies 5 pages out of a 999 page book in the library for use in class. Ms. Smith did not want her students to have to purchase the entire book because of the expense involved. A grumpy library assistant calls the publisher of the book and informs on Ms. Smith. Is Ms. Smith in trouble?

1. It is unlikely that Ms. Smith will be in trouble because her use of a few pages would probably constitute a “fair use” under trademark law.
2. Yes, Ms. Smith will be liable for trademark violation because the students should have been required to buy the book.
3. Yes, Ms. Smith will be liable for copyright violation because the students should have been required to buy the book.
4. It is unlikely that Ms. Smith will be in trouble because her use of a few pages would probably constitute a “fair use” under copyright law.
5. Ms. Smith will be liable for copyright violation only if she made a profit from the use.

12) Which of the following statements is true regarding the relationship of law and ethics?

1. The legal requirements will almost always be the same as the ethical requirement because the law is based on the ethical standards.
2. In some cases ethics will require a higher standard of conduct than the law, but never vice versa.
3. In some cases the law will require a higher standard of conduct than ethics, but never vice versa.
4. There is a disagreement about legal standards of conduct but not about ethical stan- dards of conduct.
5. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.

 

Which of the following is true about crimes?

1. Recklessness never provides a sufficient criminal intent.
2. Criminal liability exists only if there is a victim who suffered damages.
3. A criminal defendant will be found guilty whenever the jury believes it is more likely than not that the defendant committed the crime.
4. Torts always accompany crimes, although the civil case is often not brought.
5. For some crimes recklessness provides a sufficient criminal intent.

2) Sam is charged with the crime of theft and has also had a civil suit filed against him by the victim. Which of the following could not be a consistent outcome?

1. Not guilty in the criminal case, not liable in the civil case.
2. Guilty in the criminal case, not liable in the civil case.
3. Not guilty in the criminal case, liable in the civil case.
4. Guilty in the criminal case, liable in the civil case.
5. Both A and D.

3) Which of the following is true about how plea bargaining usually works?

1. A defendant pleads guilty to the charged crime or to a lesser offense in exchange for receiving a lighter sentence than if the defendant were to be tried and found guilty of the original charges.
2. A defendant who is serving a prison sentence for a crime the defendant was convicted of can get the sentence reduced for good behavior, community service or similar rea- sons.
3. A defendant waives certain constitutional rights in exchange for a lighter sentence.
4. A defendant waives the right to a jury trial and the judge determines guilt or inno- cence.
5. Both C and D.

4) Which is true about corporate criminal liability?

1. Because a corporation cannot be sent to prison, they generally cannot be held crimi- nally liable for the actions of their officers.
2. If the criminal conduct can be traced to a specific person or persons, those persons will be liable and not the corporation.
3. Corporations have never been subject to criminal liability because they cannot go to jail.
4. There can be liability for both the individuals who commit crimes and for the corpora- tion on whose behalf the crimes were committed.
5. There can be no liability for individual employees of a corporation, but the corporation can be held responsible for the crimes committed.

5) Which of the following statements is true?

1. The attorney-client privilege is the only privilege that has been recognized under the Fifth Amendment.
2. Even if immunity from prosecution has been granted, the defendant may still refuse to testify.
3. The guarantee has been extended to include all business records and documents.
4. The Fifth Amendment guarantee against self-incrimination does prohibit the taking of fingerprints against a suspect’s will.
5. The Fifth Amendment guarantee against self-incrimination does not prohibit the tak- ing of fingerprints against a suspect’s will.

6) The Miranda decision requires that a criminal suspect be notified of the following except:

1. the fact that anything the suspect says may be used against the suspect.
2. the right to have an attorney appointed if the suspect cannot afford one.
3. the right to a trial by jury.
4. the right to have a lawyer present during interrogation.
5. the right of the suspect to remain silent.

7) The following can properly be the subject of a patent except:

1. asexually reproduced plants.
2. conceptual ideas.
3. designs for manufactured objects.
4. mechanical processes.
5. compositions of matter.

8) Which of the following is true about copyright law in the United States?

1. A work must be published in order to receive copyright protection.
2. A copyright is not created by the process of registration.
3. A copyright must be registered before public disclosure of the copyrighted material.
4. State copyright laws supplement the federal copyright laws.
5. Both C and D.

9) Countries began entering into treaties with each other that provided protection of international property rights in the:

1. only since 2000.
2. 1700s.
3. 1600s.
4. 1900s.
5. 1800s.

 

10) John has invented a device to monitor the tire pressure on bicycle tires. This de-
vice consists of a tire pressure sensor on the tire with a radio transmitter and a receiv- er mounted on the handlebars to give a readout of the pressure. The radio transmit- ter is similar to existing designs, but one has never been used in this way. The product cannot be produced for less than $120, but John’s preliminary marketing studies indicate that the product could not be sold for more than $25. Which of the following is true?

1. John cannot get a patent because the transmitter part is not a new invention.
2. John can get a provisional patent which would provide limited protection until he can redesign it so that it can be made for under $25.
3. John cannot get a patent because the inability to produce the product at a cost low enough to sell it means that it does not meet the usefulness requirement.
4. John can obtain protection for his invention even if someone else files a patent ap- plication for the same invention so long as John actually invented his first and only if he pays a fee of $1,000.
5. John can obtain protection for his invention even if someone else files a patent appli- cation for the same invention so long as John actually invented his first.

11) Business law teacher Sue Smith copies 5 pages out of a 999 page book in the library for use in class. Ms. Smith did not want her students to have to purchase the entire book because of the expense involved. A grumpy library assistant calls the publisher of the book and informs on Ms. Smith. Is Ms. Smith in trouble?

1. It is unlikely that Ms. Smith will be in trouble because her use of a few pages would probably constitute a “fair use” under trademark law.
2. Yes, Ms. Smith will be liable for trademark violation because the students should have been required to buy the book.
3. Yes, Ms. Smith will be liable for copyright violation because the students should have been required to buy the book.
4. It is unlikely that Ms. Smith will be in trouble because her use of a few pages would probably constitute a “fair use” under copyright law.
5. Ms. Smith will be liable for copyright violation only if she made a profit from the use.

12) Which of the following statements is true regarding the relationship of law and ethics?

1. The legal requirements will almost always be the same as the ethical requirement because the law is based on the ethical standards.
2. In some cases ethics will require a higher standard of conduct than the law, but never vice versa.
3. In some cases the law will require a higher standard of conduct than ethics, but never vice versa.
4. There is a disagreement about legal standards of conduct but not about ethical stan- dards of conduct.
5. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.