Project #41396 - MGT102-1. LEGAL ENVIRONMENT OF BUSINESS No. 3aa

Question 1 text   Question 1

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A generic trademark receives no legal protection.

       

Question 1 answers

True

False

       

 

Question 2 text   Question 2

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Anything not already registered may be used as a trademark, including a list of words that describe the product or its uses.

       

Question 2 answers

True

False

       

 

Question 3 text   Question 3

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"Raisin Bran" is not a trademark because it uses descriptive words for the product.

       

Question 3 answers

True

False

       

 

Question 4 text   Question 4

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To transfer contractual duties to a third party is:

       

Question 4 answers

 

assignment

 

delegation

 

repudiation

 

beneficiary

 

none of the other choices

       

 

Question 5 text   Question 5

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The parol evidence rule prohibits the introduction of oral evidence into a lawsuit where the evidence presented is contrary to the terms of a written contract. Parol evidence may be introduced when:

       

Question 5 answers

 

it will explain the written instrument through previous trade usage

 

a written contract is incomplete

 

it will prove fraud, mistake or misrepresentation

 

a written contract is unclear

 

all of the other choices

       

 

Question 6 text   Question 6

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When the payment of money damages is inadequate for a breach of contract a court may order the remedy of:

       

Question 6 answers

 

specific performance

 

extra performance

 

nominal performance

 

compensatory performance

 

special performance

       

 

Question 7 text   Question 7

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Rights to minerals under the land must be kept "attached" to the land.

       

Question 7 answers

True

False

       

 

Question 8 text   Question 8

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Utility companies must obtain easements to lay power lines and water lines to houses.

       

Question 8 answers

True

False

       

 

Question 9 text   Question 9

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In Atkinson v. City of Pierre, Atkinson sued the city for not taking action to force an ice-making plant next to her apartment building to make less noise. There were no other complaints from residents near the plant, which contributed to the high court's decision that:

       

Question 9 answers

 

the business was not a nuisance

 

the business was a nuisance

 

the business was not a public nuisance, but was a private nuisance

 

Atkinson was being unlawfully bothered by the business

 

none of the other choices are correct

       

 

Question 10 text   Question 10

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Fact Pattern 8-1

Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view.

Refer to Fact Pattern 8-1. When Jill buys her beach-front land she also buys the right to exclusive possession of and enjoyment of those 3 acres. What Jill has purchased is:

       

Question 10 answers

 

a fee defeasible

 

a life estate

 

a reverter interest

 

a remainder interest

 

a fee simple estate

       

 

Question 11 text   Question 11

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Your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. You are most likely to win a suit for the tort of:

       

Question 11 answers

 

nuisance

 

mental distress

 

invasion of privacy

 

trespass to property

 

trespass to personal property

       

 

Question 12 text   Question 12

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At law, the word tenancy generally refers to:

       

Question 12 answers

 

leases of real property from another for a fixed period of time

 

leases of real property from another for an indefinite period of time

 

possession of lands by any right or title

 

clear ownership of land, either individually or jointly

 

none of the other choices

       

 

Question 13 text   Question 13

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According to the Supreme Court, if a government regulation reduces the value of property, it must compensate the landowner for the loss in value if the loss:

       

Question 13 answers

 

is greater than about ten percent

 

is greater than about twenty-five percent

 

is greater than about fifty percent

 

is close to the entire value of the property

 

none of the other choices; it must pay compensation for any decline in value

       

 

Question 14 text   Question 14

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____ is often used to make arrangements with others about the use of property.

       

Question 14 answers

 

contract law

 

tort law

 

real law

 

felony law

 

none of the other choices are correct

       

 

Question 15 text   Question 15

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Intellectual property is created by:

       

Question 15 answers

 

physical labor

 

intellectual effort

 

standard industry processes

 

strictly unwritten methods

 

when groups of more than three individuals agree on an idea

       

 

Question 16 text   Question 16

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To download Nintendo games on the Internet, where others could then copy them freely, is a violation of which intellectual property rights:

       

Question 16 answers

 

patents

 

trademarks

 

copyrights

 

trade secrets

 

none of the other choices; the Internet is public domain

       

 

Question 17 text   Question 17

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A trademark or service mark that is used in commerce by members of a cooperative, an association, or other collective group or organization is a(n):

       

Question 17 answers

 

trade dress

 

trade service

 

trade symbol

 

collective mark

 

union mark

       

 

Question 18 text   Question 18

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Suppose a company steals a commercial trade secret from another company:

       

Question 18 answers

 

there may be criminal prosecution under the Federal Trade Secrets Act

 

there may be criminal prosecution under the Economic Espionage Act

 

there may be criminal prosecution under the Trade Secret Protection Act

 

there may be criminal prosecution under the American Economic Data Act

 

none of the other choices

       

 

Question 19 text   Question 19

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Originality and novelty are key conditions for an invention:

       

Question 19 answers

 

to be copyrighted

 

to be sold

 

to be trademarked

 

to be traded in a free market

 

none of the other choices are correct

       

 

Question 20 text   Question 20

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A ____ to the promisor exists when the promisor acquires some legal right through the promisee's act, promise to act, or refraining from doing some act.

       

Question 20 answers

 

legal detriment

 

legal right

 

legal benefit

 

neutral benefit

 

conscious detriment

       

 

Question 21 text   Question 21

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An exchange is consideration if it:

       

Question 21 answers

 

creates a legal detriment to the promisee

 

creates a legal benefit to the promisor

 

creates both a legal detriment to the promisee and a legal benefit to the promisor

 

all of the other specific choices are correct

 

none of the other specific choices are correct

       

 

Question 22 text   Question 22

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If the offeree does not accept the offer, after a reasonable length of time the offer may terminate through:

       

Question 22 answers

 

lack of time

 

loss of time

 

excess of time

 

extension of time

 

none of the other choices are correct

       

 

Question 23 text   Question 23

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If the values of the items exchanged in a contract are unequal courts generally:

       

Question 23 answers

 

hold that the contract is not binding

 

require the parties to rewrite the contract

 

support the contract anyway

 

require the offeror to add something to the contract

 

require the offeree to add something to the contract

       

 

Question 24 text   Question 24

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Contracts created by intoxicated persons, or persons under the influence of drugs, are always voidable at their option.

       

Question 24 answers

True

False

       

 

 

Question 25 text   Question 25

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If a 16-year-old buys a car, uses it for six months, then decides to disaffirm the contract to buy the car on a three-year payment plan, the contract is voidable.

       

Question 25 answers

True

False

       

Subject Business
Due By (Pacific Time) 09/28/2014 12:00 am
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