Question 1: The power of the U.S. Government to take property from a private individual and use it for public purposes is:
- Due Process
- Equal Protection
- Eminent Domain
- Suffrage
Question 2: Which of the following "developing countries" were exempted by the Kyoto Treaty from following the initial emissions reductions standards?
- The United States
- China
- Canada
- Japan
Question 3: Concerns over national security and the environment led congress to pass which items?
- A requirement that the FBI and Pentagon conduct a national intelligence estimate on global warming and climate change
- A requirement that the CIA and Pentagon conduct a national intelligence estimate on global warming and climate change
- A requirement that the CIA and NSA conduct a national intelligence estimate on global warming and climate change.
- A requirement that the CIA and FBI conduct a national intelligence estimate on global warming and climate change.
Question 4: Which of the following is an example of a significant environmental protection regulation passed by the Federal Government?
- The Clean Air Act
- The Resource and Recovery Act
- The National Environmental Property Act
- All of the above
- None of the above
Question 5: According to law professor Thomas Joo, the best group of persons for addressing the environmental concerns facing the world today is:
- Shareholders
- Directors and Officers
- Environmentalists
- The Government
Question 6: Which of the following would be permissible "public uses" for to government obtaining land through Eminent Domain.
- A public highway or road.
- A sports stadium and/or arena
- The rezoning of land for residential use.
- Both A and B
- All of the above
Question 7: In FTC v. Silueta Distributors, Inc. and Stanley Klavir, Judge Armstrong ruled
- That good faith reliance on another person's representation is a valid defense to liability under the FTC Act.
- The good faith reliance on another person's representations is not a valid defense to liability under the FTC Act.
- The good faith reliance on another person's representations is not an issues in determining liability under the FTC Act.
- None of the above.
Question 8: In the case of IMS Health, Inc., et al v. Kelly Ayotte, Attorney General of New Hampshire, Judge Selya argues that
- Pharmaceutical detailing is sometimes used in ways that benefit public health.
- Pharmaceutical detailing does not distinguish between beneficial detailing and harmful detailing.
- Neither A nor B.
- Both A and B.
Question 9: Identify the true statement(s) regarding freedom of speech:
I. It was not until the 1840s that legal doctrines protecting speech when offensive began to be recognized by the courts.
II. In the First National Bank v. Bellotti case, the Supreme Court struck down a state law prohibiting a corporation to advertise to influence voters on issues that did not "materially affect" its business.
III. In the Virginia Board case, the U.S. Supreme Court failed to link the "right to receive information and ideas" with the traditional values that underlie free speech.
IV. The Prescription Information Law expressly allows the transmission or use of both patient-identifiable data and prescriber-identifiable data for certain commercial purposes.
- I only
- II only
- III only
- I and III
Question 10: ________________ is the advertising industries established self-regulation organization.
- The National Advertising Board of Governors.
- The National Advertising Division of the Council of the Better Business Bureau.
- The National Advertising Division of the Council on Advertising.
- The National Advertising Division of the Council on Truth in Advertising.
Question 11: To succeed under the The Lanham Act, a plaintiff must prove which of the following
- That the defendant made a factual misrepresentation about a product or service.
- That the defendant "puffed" up various representations about a product or service.
- That the defendant made a factual representation about a product or service.
- All of the above.
Question 12: Of product promotion techniques, which is the most influential according to author Naomi Klein?
- Advertising
- Marketing
- Branding
- Word-of -mouth promotion
Question 13: The main purpose of the American Tort Reform Association is to.
- Make tort litigation fairer for companies.
- Make tort litigation less confusing
- Restore balance to the civil justice system.
- Both A and C
- Both B and C
Question 14: Punitive damages are:
- Damages that are intended to compensate the injured parties for their injures.
- Damages that are intended to reimburse the injured party for medical expenses.
- Damages that are intended to reimburse the injured party for time lost from work.
- Damages that are intended to punish the defendant.
Question 15: Increasing the license fee for owning a gun is an example of what type of alternative?
- Performance based alternative
- Regulatory alternative
- State Action
- Safety focused alternative
Question 16: The term caveat emptor means:
- "seller take care"
- "empty the cave of deceit"
- "buyer beware"
- "truth shall prevail"
Question 17: The most notable exception to caveat emptor was for
- Food
- Automobiles
- Clothing
- Shoes
Question 18: According to the plaintiff's attorney, the primary tactic defense attorneys use to minimize liability is:
I. Hire the best defense firms to make the plaintiffs look like liars
II. Pursue illegal means to get plaintiffs to drop their cases
III. Use the system to make the case too expensive for plaintiffs to pursue their cases
IV. Push plaintiffs into class action suits to force the case to be heard only one time.
Question 19: As part of establishing a claim for copyright infringement, a plaintiff must prove which of the following?
- That the work is used in commerce
- That the owner is the true inventor of the copyright.
- Ownership over the work
- All of the above
Question 20: Which if the following can be patentable
- Software
- Drugs
- Plants
- All of the above
Question 21: Sony BMG Music Entertainment v. Tenenbaum is important to the determination of:
- Patent Infringement
- Fair use in copyright Law
- Whether or not a Trade secret was stolen
- How trade dress is important to a company's valuation
Question 22: In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is
I. Not obvious
II. Unique
III. Useful
IV. Not a modification of any prior patents
- I only
- I and II
- I, II and III
- I, II, III and IV
Question 23: Which of the following are characteristics needed to obtain a patent
- A new invention
- A novel invention
- A useful invention
- All of the above
- None of the above
Question 24: Debora Halbert asserts in her essay that:
- women have benefited greatly from intellectual property laws.
- women's creativity has existed outside the boundaries of intellectual property law
- in the nineteenth century, writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well.
- when women knitted or quilted, they were reluctant to share their patterns with other women.
Question 25: Once the copyright on a work has expired,
- The owner can renew it for a new term
- The work is in the public domain
- The work becomes the property of the government
- The work is considered no longer creative