LEG 500 part 2 final exam

Concerns over national security and the environment led congress to pass which items?Answer

 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.

A Tradeable permit planAnswer

 Allows companies to purchase carbon credits. Allows companies to purchase an allowance of sulfur dioxide emissions. Allows companies to purchase permits to ignore EPA regulations. Allows companies to purchase locations in which to dispose of toxic waste.

When environmentalists recognized that politicians were not going to pass stricter legislation and regulations, they changed their tactics to force change.  According to the Layzer article in the chapter, these new tactics included:

I.          Eco-terrorism – bombing pipelines and factories.

II.         Collaboration with businesses – create partnerships to improve environmental impacts.

III.       Public relations campaigns – go public with their accusations and encourage consumers to demand change.

IV.       Work internally through shareholders to try to change corporate disclosuresAnswer

 I and II II and III III and IV II, III and IV.

Eminent domain permits the “taking” of private property by the government under the following circumstances.Answer

 When there is valid “public use” for the property and the government pays the property owner “just compensation”. When there is either a valid “public use” or “private use” for the property. When there is a valid “public use” for the property and the government pays fair market value for the property. Only in circumstances where there government has paid fair market value for a piece of property.

Shareholders have the ability to promote green initiatives in companies they invest it by?Answer

 Requiring that Boards of Directors act in certain specific ways to above massive shareholder selloff. Utilizing the “proxy system” to attempt to promote green initiatives. Utilize shareholder meetings to make demands upon Boards of Directors. Shareholders have no ability to promote green initiatives in companies they invest in.

Which of the following are permissible uses of power of eminent domain.Answer

 The government taking private property to transfer to a private company for development of a strip mall. The government taking private property to build a highway. The government taking private property to expand an airport. All of the above

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.Answer

 I only II only III only I and III

________________ is the advertising industries established self-regulation organization.Answer

 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.

Of product promotion techniques, which is the most influential according to author Naomi Klein?Answer

 Advertising Marketing Branding Word-of –mouth promotion

In FTC v. Silueta Distributors, Inc. and Stanley Klavir, Judge Armstrong ruledAnswer

 That good faith relince 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. 

In the case of IMS Health, Inc., et. al. v. Kelly Ayotte, Attorney General of New Hampshire, “detailing” a drug is:Answer

 The process of researching the effectiveness of a drug for research purposes. The process of promoting a drug by discussing it beneficial uses. The process of obtaining promotional and educational information during in person meetings. The process of obtaining promotional material via anonymous surveys.

Obesity in children has continued to rise since 1976 and approximately _____ of all teens and youth are overweight.Answer

 one-third two-thirds one-half three-quarters

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.

Answer

 I II III IV

Which of the following agencies focuses on protecting consumer safety issues.Answer

 Food and Drug Administration Consumer Product Safety Commission National Highway Transportation Safety Agency All of the above

The court’s ruling in Levin v. Wyeth explains how:Answer

 The role of the FDA has expanded over time. The role of the FDA has shrunk over time. The FDA has no role in the day to day product safety issues of drug development. The FDA’s role in drug safety matters should not change at all. 

The UCC controls contracts that:Answer

 Deal with the sale of Goods. Contracts over $500 in value. Contracts between Merchants. All of the above. 

The most notable exception to caveat emptor was forAnswer

 Food Automobiles Clothing Shoes

The main purpose of the American Tort Reform Association is to.Answer

 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

Universal City Studios, Inc. v. Eric Corley examines which piece of intellectual property legislation.Answer

 The Digital Millennium Copyright Act The Sony Bono Copyright Term Extension Act The American Society for Composers and Publishers Act The Compulsory Licensing Scheme and Royalty Payment Act

The fundamental legislation aimed at protectig copyrights isAnswer

 The Sony Bono Copyright Term Extension Act The Digital Millenium Copyright Act The Copyright Act of 1831 The American Society for Composers and Publishers Act

The “inducement rule” is vital to understanding if infringement has occurred in what type of intellectual property?Answer

 Patent Tradesecret Trademark CopyrightWhich section of the Constitution empowered Congress with the ability to pass Legislation to protect intellectual property rights?

Answer

 Article 5, Section 2 The Bill of Rights Article 1, Section 8 Article 2, Section 4

Misappropriation of trade secrets has been a federal crime sinceAnswer

 The passage of the Constitution The passage of the Digital Millennium Copyright Act The Economic Espionage Act of 1996 The Patient Protection and Affordable Care Act

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

Answer

 I only I and II I, II and III I, II, III and IV

Once the copyright on a work has expired,Answer

 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