第八九十章题库.doc

Part I. Decide the following statements are true or false.1. A crime is a conduct that prohibited and punished by a government (T) 2. The punishments of crimes are specified by detailed criminal codes and statutes. (T)3. In US ,an act may be a felony in one state and a misdemeanor in another. (T)4. Harm is an essential element of a crime. （F）5. City Paint Co. may be held criminally responsible when an employee is killed because of the failure to install safety devices required by law. (T)6. Any fine that is imposed on the defendant is paid to the government and is not received in any way by the victim. (T)7. An acquittal means that the person was found innocent. (F)8. Minors, the insane, and the intoxicated are held criminally responsible to a limited extent. (T)9. In some case, persons who did not necessarily commit the criminal act itself are still held criminally responsible for acts committed by others. (T)10. Mental State does not requirement for awareness or knowledge of guilt (T)11. Business criminals are treated the same procedurally as other criminals. (T)12. The Sixth Amendment guarantees a speedy trial. (T)13. Crime is a wrong arising from a violation of a private duty. (F)14. In US, members of Congress enjoy an absolute privilege when they are speaking on the floor of the Senate or the House (T)15. The defense of Contributory Negligence is a defense that allow recovery in portion according to the degree of fault . (F)16. Professionals have a duty to perform their jobs at the same level of a reasonable professional. (T)17. Causing someones character to be questioned is a wrong against the person and is the tort of trespass. (F)18. An intentional tort is a civil wrong that results from intentional conduct. (T)19. Intrusion into the plaintiffs private affairs is one of the tort of invasion of privacy. (T)20. The media enjoy a qualified privilege for stories that turn out to be false. (T)21. Defamation includes slander and libel. (T)22. Media has a qualified privilege to print inaccurate information without liability for defamation, so long as a retraction or correction is printed and there was no malice. (true)23. Appropriation of others name, likeness, or image for commercial advantage without his permission is a kind of defamation (F)24. When a third party intentionally persuades another to break a contract already in existence, it is a tort of invasion of privacy. (F)25. Real property owners have duty to keep their property in a condition that does not create hazards for guest. (T)26. Business owners have a duty to inspect and repair the property to prevent their customers from injured by hazards. (T) 27. Public disclosure of private facts is one of the tort of invasion of privacy. (T)28. A tort differs from a crime in the nature of its remedy. (T)29. Money damages and imprisonment result from criminal violation. (F)30. According to federal patent laws, the duration of utility and design patents is 20 years from the date of filling, and the plant patents have a life of 14 years from the date of filling. (F)31. The right of the registrant will be incontestable after three years.（F）32. The copyright notice just consists of the word copyright or the symbol and the year of first publication these two parts. (F)33. Plant patents exists under U.S. patent law that protects new and nonobvious ornamental features that appear in connection with an article of manufacture. (F)34. The SCPA provides the mask work fixed in a semiconductor chip product the exclusive right for ten years to reproduce and distribute the products in the U.S. (true)35. In US, the duration of utility and plant patents is 20 years from the date of filing. Design patents have a life of 14 years from the date of filing.(T)36. Copyright prevents copying the way the idea is expressed, but not the use, or copying the idea. (T)37. When secret information is shared or communicated for a special purpose and the person receiving the information knows that it is not to be made known to others, there is no loss of protection. (T)38. Invention itself is what is patented; thus useful ideas and scientific principles are NOT patentable. (T)39. Ordinarily, descriptive term, surname, and geographic term are NOT registrable as marks. (T)40. Generic terms are never registrable as marks. (T)41. Trade Dress is protected under the Lanham Act. (T)42. If the owner of a mark passively allows others to use the mark , the owner may lose the right to its exclusive use. (T)43. If a work is a “Work made for hire”, business employing the creator registers the copyright. (T)44. The copyright of “Work made for hire” runs for 100 years from creation or 75 years from publication of the work, whichever is shorter. (T)45. Exclusivity of Copyrights has some limitation under the principle of “Fair Use”.(T)46. Invention must be something new and not obvious. (T)47. Invention itself is what is patented; thus useful ideas and scientific principles are NOT patentable. (T)48. When secret information is made public, it loss the protection. (T)49. Trade secrets are protected under state law for an unlimited period of time, as long as the secrets are not made public. (T)50 Competitors may, through reverse engineering, discover the secret behind unpatented goods sold to the public. (T) 51 The SCPA provides the owner of a mask work fixed in a semiconductor chip product the exclusive right for ten years.Part II. Multiple-choice1 Which is one of the elements of a crime? A. a mental state B. deception C. fraud D. undue influence(A)2. A crime is a wrong arising from a violation of a _ duty, whereas a tort is wrong arising from a violation of a _ duty.A. public; public B. public; private C. private; public D. private; privateB3. Which one not belongs to tort?A defamation B negligence C swindles D trespassC4. Which one belongs to invasion of privacys tort? A false imprisonment B slander C embezzlement D public disclosure of private factsD5. Which of the following does not belong to crimeA ConspiraciesB Money LaunderingC False imprisonmentD Bad CheckE Embezzlement（C）6. Which of the following are NOT white collar crimes?A. Conspiracies.B. Money laundering.C. Bribery.D. Extortion and blackmail.E. None of the above.(E.) 7. An employees taking his employers money for personal use is called _. A. swindles B. racketeering C. cheats D. embezzlement( D )8. _ is the fraudulent making or material altering of an instrument that creates or changes legal liability. A. perjury B. forgery C. false claims D. counterfeiting( B )9. The _ Amendment is a constitutional protection against unreasonable searches and seizure. A. Fourth B. Fifth C. Sixth D. Seventh ( A )10. The _ Amendment is a constitutional protection against self-incrimination, and also guarantees due process. A. Fourth B. Fifth C. Sixth D. Seventh( B )11. Some states in US have statutes that provide employers a/an ( ) with respect to references and recommendationsA Absolute defenseB Absolute privilegeC Qualified privilege D statutory privilege(C )12. which is not the element of negligence? A. duty B. damages C. causation D. trespass(D)13. Appropriation of others name, likeness, or image for commercial advantage is the tort as ( )A Invasion of PrivacyB DefamationC LibelD Product DisparagementE Trespass(A) 14. The duration of design patents has _ years: A. 17 years B. 15 years C. 14 years D. 20 years C15. The duration of a copyright is the life of the creator of the work plus 50 years. If the business employs the creator registers the copyright. How long did the copyright works from publication? A. 100 years B. 50 years C. 25 years D. 75 years(D)16. The exclusive right for semiconductor chip protection is ( )years.a.5b.8c.10d 15(C ) 17. According to Principal Register, which one of the following terms can be registered as registrable marks? A. Suggestive term B. Descriptive termC. Surnames D. geographic termsE Generic terms(A)18. Which three following items are the types of patents?A. Utility patentsB. Trade dressC. Design patentsD. Plant patents(A.C.D )19Gambling is legal in the state of Louisiana, but it is illegal to allow any minor to gamble. A mother came into a shopping center where video gambling machines are operated by the licensed owner, Mr. Grabert. She carried her 23-months-old baby in her arms and played at one of the poker machine. A state trooper witness the baby pushed buttons on the poker machine at least three times while sat on its moms lap. The Department of Public Safety and Correction of Louisiana then sought to revoke Mr. Graberts license and other penalties. What are your judgments?a) Put the mother in jail.b) Put Mr. Grabert in jail.c) Mr. Grabert is guilty and the license should be revoke.d) Mr. Grabert is not guilty.e) The 23-months-old baby was not gambling but merely playing the buttons. (d, e.)20Which of the following statements are correct?a. Person committed torts goes to jail.b. Crime is violation of established standards of society.c. Misdemeanors get longer sentence than felonies.d. Death penalty may be a part of misdemeanors punishment.e. Death penalty may be a part of felonies punishment. (b, e.)三 简答1. Tell the difference between misdemeanors and felonies and give one example.Misdemeanors: Less “serious”; Punishable by less than one year in prison. Including: Weighting goods with un-inspected scales; Operating without a sales tax license. Felonies: More “serious”; Punishable by more than one year in prison. Including: Bribery; Embezzlement.2. Describe the basis of criminal liability. A crime generally consists of two elements:1) a mental state and 2) an act or omission. Harm is not an essential element of a crime. Mental statement does not require an awareness or knowledge of guilt. 3. Describe the rights of businesses charged with crime and the constitutional protections afforded them. The Fourth Amendment is a constitutional protection against unreasonable searches and seizure. The Fifth Amendment is a constitutional protection against self-incrimination, and also guarantees due process.Maranda warnings are warnings required to prevent self-incrimination in a criminal matter. Due process: constitutional right to be heard, question witnesses, and present evidence.4 Discuss the nature and classification of crimes;5 Describe the basis of criminal liability;6 List examples of white-collar crimes and their elements;7 Describe the rights of businesses charged with crimes and the constitutional protections afforded them.8 Define torts and distinguish them from crimes;9 List the types of torts;10 Provide examples of intentional torts and the elements of each;11 Write the elements of negligence.There are four elements of negligence: duty, breach of a duty, causation, and damages.12 List the types of Invasion of Privacy13 Explain the defenses to negligence liability14 “Fair use” allows the limited use of copyrighted material for teaching, research, and news reporting. Give four important factors to consider when judging whether the use made in a particular case is fair use?th