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Question 1
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Peggy is acting as Betty’s manager at Bicycle Fish when she notices Roger, a
customer, juggling cigarette lighters he has taken from a display case. Betty keeps a
baseball bat behind the sales counter, “just in case,” and Peggy picks up the bat and
swings it at Roger, although she neither strikes nor intends to strike him. Later,
Roger sues Peggy and Betty. What intentional tort?
Select one:
a.
Assault
b.
Battery
c.
Both Assault and Battery
d.
Neither Assault nor Battery
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Question 2
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Bert carelessly leaves his lit cigar in his car, which catches fire. Harry is walking by,
when Pete “moons” him (shows Harry his naked buttocks) from the balcony of his
nearby apartment. When Harry sees Pete’s butt, he faints and strikes his head on
the sidewalk, suffering serious injuries. Harry sues Bert for negligence. Who wins?
Select one:
a.
Bert: no duty
b.
Bert: no breach
c.
Bert: no actual cause
d.
Bert: no proximate cause
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Question 3
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Pete and Peggy are at a county fair when they see a mechanical bull ride called
“Rolling Thunder.” Pete watches others ride the bull, sees them ejected from the
saddle, and notices the padding placed around the ride to protect riders. After a
few minutes, he jumps on the bull yelling, “Heck! Nothing to it!” After he wakes up in
the hospital, he sues the fair for negligence. Does the fair have an affirmative
defense?
Select one:
a.
Yes: comparative negligence
b.
Yes: intervening event
c.
Yes: assumption of the risk
d.
No
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Question 4
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Betty has had it with Don’s cheating, so one day she buys a bottle of Happy
Comrade Vodka (the vodka that “lights you up”), pours it on Don while he is passed
out on the couch and throws her lit cigarette on him. If Don dies in the resulting
fire, what crime?
Select one:
a.
Premeditated murder
b.
Felony murder
c.
Voluntary manslaughter
d.
Involuntary manslaughter
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Question 5
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Pete has ratted out Roger to the police, informing them that Roger is selling LSD.
The police arrive at Roger’s office and seize certain business records pursuant to a
valid search warrant. They also arrest Roger and later, when booking him, take
fingerprints and a saliva sample (for drug testing). Roger asserts his Constitutional
rights. What can the prosecution use as evidence against him at trial?
Select one:
a.
The business records
b.
The records and the fingerprints
c.
The records and the saliva sample
d.
The records, the fingerprints and the saliva sample
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Question 6
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EXTRA CREDIT. In Justice Cardozo’s opinion, where should proof of negligence NOT
be?
Select one:
a.
In the air
b.
On the ground
c.
In the bushes
d.
In the future
Question 1
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Harry has left his position at the firm (television ad consultant) in order to start his
own internet advertising business. He writes simple video game programs that give
winners discount coupons to certain featured products. Sadly, thieves have stolen
his laptop computer and certain program designs he has loaded on that computer.
If the police find the culprits, and Harry sues them for misappropriation of trade
secrets, which of the following will be the basis for his cause of action (i.e., a trade
secret)?
Select one:
a.
His laptop computer
b.
His program designs
c.
Both his computer and designs
d.
Neither his computer nor his designs
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Question 2
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Megan has invented a formula for a new perfume, “Hot/Beautiful/Sexy” (or H/B/S)
which she owns as her trade secret. Trudy buys the perfume, chemically analyzes it,
and discovers the formula. Trudy then starts manufacturing and marketing the
same perfume under a different name. Megan learns what happened and sues
Trudy for misappropriation of trade secret. Who wins?
Select one:
a.
Megan, if her formula had value from secrecy
b.
Megan, if she kept the formula reasonably secure
c.
Megan, if both value from secrecy and reasonable security
d.
Trudy
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Question 3
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Assume the same facts as in Question 1, above, but this time Harry wants to patent
a new joystick (a hand-held computer controller), that is customized for his video
games. The joystick is novel, useful and nonobvious, and the US Patent and
Trademark Office (USPTO) eventually approves his application. Harry invented the
joystick in 2014, he filed his application in 2015, and the patent was issued in 2016.
When will the patent expire?
Select one:
a.
2028
b.
2029
c.
2034
d.
2035
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Question 4
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Pete has written a dramatic opera, “Il Cinaedo” (The Lewd Dancer) and he runs
down to the US Copyright Office (USCO) to copyright his lyrics and musical score. If
he wrote the opera in 2013, first published it in 2014, and then sadly died in 2015,
how long will the copyright protection last?
Select one:
a.
2083
b.
2085
c.
2109
d.
2133
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Question 5
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Assume the same facts as in Question 3, above, but this time Harry is marketing his
video games and equipment. He creates a stylized picture of a martini glass to
represent his games and equipment, and a picture of a tipsy dragon to represent
his retail sales business. What protection can Harry seek for these two pictures?
Select one:
a.
Trademark for the glass; service mark for the dragon
b.
Service mark for the glass; trademark for the dragon
c.
Trademark for both the glass and the dragon
d.
Service mark for both the glass and the dragon
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Question 6
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EXTRA CREDIT. Who wants you to “just do it”?
Select one:
a.
Ben & Jerry’s
b.
McDonald’s
c.
Nike
d.
Victoria’s Secret
