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Key element(s) of the tort of intentional interference with contractual relations is (are): a contract between the injured party and the defendant b....
Q1. Key element(s) of the tort of intentional interference with contractual relations is (are):
a. a contract between the injured party and the defendant
b. the defendant intentionally interfered with a contract between the injured party and another party
c. malice by the defendant must be shown
d. a warranty of performance in a contract is breached
Q2. Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was:
a. not liable unless there was a contractual relationship between producer and injured party
b. liable in tort law to any injured consumer if negligence by the producer could be shown
c. liable in tort law to consumers who bought the good under the rule of strict liability
d. liable in contract to all consumers who used the product under the rule of res ipsa loquitur
e. not liable in tort or in contract law
Q3. The ___________________ is primarily concerned with harms suffered by buyers and other persons who use defective products.
a. law of stock protection
b. law of product liability
c. law of seller liability
d. law of commercial liability
e. law of malpractice liability
Q4. Under the strict liability doctrine, the focus is on the ______________, rather than the reasonableness of the conduct of the manufacturer.
a. problems with the product
b. problems with advertising
c. problems with the assembly line workers
d. problems with the manufacturing process
Q5. The term privity of contract refers to:
a. the relationship that exists between the parties to a contract
b. damage awards provided by juries in products liability cases
c. the requirement that products liability law have its origin in the common law of contracts
d. the risk that a product is of adequate legal quality
e. the requirement that products liability litigation must be brought by private citizens
Q6. Negligence of other parties is irrelevant to the imposition of liability in _____________ cases.
a. ultrahazardous activity
b. limited liability
Q7. A(n) _____________ warranty is one the law may insert regardless of actual contract terms.
Q8. Most tort suits are filed in:
a. state courts
b. federal courts
c. appellate courts
d. small claims courts
e. municipal courts
Q9. A _______________ is someone who has no right to occupy or use an estate and does so without permission.
a. real user
b. false user
c. antagonistic user
d. illegal user
e. hostile user
Q10. Which of the following is an intentional tort against property:
c. malicious prosecution
d. invasion of privacy
Q11. A lease should describe the premises and state how long it will be in effect.
Q12. Trespass is an unauthorized intrusion by a person or by a thing on land that belongs to another.
Q13. The right of utility companies to run power lines over land and put water lines under private property is based on:
a. an easement
b. a covenant
c. a deed
d. a seisin
e. a remainder
Q14. To have adverse possession of property, the user must have continuous occupation of the property.
Q15. If the government takes land from a private owner without the consent of the owner it is exercising the right of:
a. eminent domain
b. caveat emptor
c. easement publica
d. Landham Act action
e. government domain
Q16. Which of the following is an example of something regulated by a zoning rule:
a. ethnicity of people in a neighborhood
b. tax burdens
c. building size
d. number of judges appointed to a county
Q17. 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:
a. trade dress
b. trade service
c. trade symbol
d. collective mark
e. union mark
Q18. A commercial symbol that a manufacturer prints on its goods so they can be readily identified in the marketplace is a(n):
d. intangible marker
Q19. The law provides protection to intellectual property owners through which legal action?
a. malicious prosecution
e. infliction of emotional distress
Q20. Intellectual property protection around the world is encouraged by:
a. the World Intellectual Property Organization
b. the World Intellectual Property Group
c. the International Society for Intellectual Property Protection
d. the United Nations
e. the European Union
Q21. Which of the following is an example of intangible property:
Q22. What allows exclusive control over original written works, musical compositions, art and photography; including control over reproduction, display and derived works:
d. trade names
Q23. Patents may be granted for theories that are proven.
Q24. When registering a trademark the applicant must submit a copy of the mark, which is referred to as a(n):
Q25. Suppose a company steals a commercial trade secret from another company:
a. there may be criminal prosecution under the Federal Trade Secrets Act
b. there may be criminal prosecution under the Economic Espionage Act
c. there may be criminal prosecution under the Trade Secret Protection Act
d. there may be criminal prosecution under the American Economic Data Act