Spring Final Exam, BLAW 2202. Instructor – Terry Ross
1. Three types of patents available under U.S. law are:
a. utility, product, design.
b. design, packaging, invention.
c. design, plant, utility.
d. utility, regulatory, common law.
2. In limited circumstances customer lists are protected under trade secret laws.
3. Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.
4. Hostile work environment sexual harassment:
a. cannot be created by unwelcome sexual flirtation and propositions.
b. cannot result in an injunction being granted against offensive conduct.
c. does not affect an employee’s economic benefits but causes anxiety and “poisons” the work environment for the employee.
d. can result in the court ordering the business to be sold, upon proper notice, at a publicly-held auction.
5. Title VII applies to the hiring process and to discipline, discharge, promotion, and benefits.
6. Under which circumstance will an employee not be entitled to Workers’ Compensation benefits for an on-the-job injury?
a. an injury that is the result of an employee’s own negligence
b. an injury that is the result of an employee’s own gross negligence
c. an injury that is caused by a fellow employee
d. an injury that is the result of an employee’s intoxication
7. Which of the following categories of individuals are exempt from the minimum wage provisions of Fair Labor Standards Act (FLSA)?
b. factory workers
c. full-time babysitters
8. Franchisors may be found liable for the wrongful conduct of their franchisees on an apparent authority theory when the conduct of the franchisor creates an appearance of authority.
9. In order for an employer to be strictly liable for a(n) ______ harassment, there must have been a(n) _______ action.
a. supervisor’s, tangible employment.
b. supervisor’s, hostile work.
c. co-worker’s, res ipsa loquitur.
d. co-worker’s, quid pro quo.
10. Trade dress refers to the packaging look and overall image of a product.
11. In determining whether limited use of copyrighted material may be permitted as “fair use,” courts will consider:
a. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
b. the nature of the copyrighted work.
c. the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
d. all of these.
12. When secret information is shared or communicated for a special purpose and the person receiving the information knows it is not to be made known, it loses the protection it had while secret.
13. Normally in a franchise operation: ______.
a. both the franchiser and the franchisee will be liable to third persons for contracts that are breached by the franchisee.
b. only the franchisor will be liable to third persons for contracts that are breached by the franchisee.
c. only the franchisee will be liable to third persons for contracts that are breached by the franchisee.
d. neither the franchisor nor the franchisee will be liable to third persons for contracts that are breached by the franchisee.
14. The America Invents Act:
a. amended federal copyright law.
b. replaced the patent “first to file system” with a “first to invent” system.
c. speeds up the application process for energy conservation inventions for a $4,800 fee.
d. replaced the patent “first to invent system” with a “first to file” system.
15. Title VII is the only law regulating equal employment opportunities.
16. The sole issue addressed in the Fair Labor Standards Act is child labor.
17. The major disadvantage to investors in a corporation is nearly unlimited personal liability.
18. A corporation is a separate legal entity capable of owning property, contracting, and being sued in its own name.
19. Under the ______ theory, it is not a defense for an employer to demonstrate that it did not intend to discriminate.
a. Title VII
b. disparate treatment.
c. vicarious liability
d. disparate impact
20. Collective bargaining contracts govern the rights of employers and employees only in public sectors of employment.
21. Title VII requires equal pay for men and women.
22. In the absence of an agreement to the contrary, when an employee is discharged, regardless of the reason, the employer must: ______.
a. provide COBRA compensation.
b. make a two-week severance payment.
c. pay wages to the expiration of the last pay period.
d. create a severance package based on market conditions.
23. Written computer programs are not given the same protection as other copyrighted material.
24. “Permissive” subjects of bargaining include seniority provisions, promotions, layoff and recall provisions, no-strike no-lockout clauses, and grievance procedures.
25. In a joint venture, the parties: ______.
a. combine their labor or property for a single undertaking and share profits and losses equally.
b. combine their labor or property for a continuing business and share profits and losses equally.
c. assume no personal liability beyond the risk of losing their initial investment.
d. have unlimited personal liability for debts of the venture.
26. The Federal Wiretapping Act makes it unlawful to intercept oral and written communications, except: ______.
a. for personal phone calls without the employee’s consent.
b. when an employer monitors a firm’s phones during the course of business.
c. when an employer monitors an employee’s private email.
d. for personal calls after it is ascertained the call is purely personal.
27. To protect themselves against liability, franchisors often require individual franchisees to: ______.
a. take out fraud insurance.
b. register with the attorney general.
c. publicly disclose their own separate business identities.
d. disavow any connection with the franchisor.
28. The Lanham Act grants protection for:
d. trade secrets.
29. A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively:
a. use the work.
b. reproduce the work.
c. display the work.
d. All of these
30. To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant’s trade dress is confusingly similar to the plaintiff’s.
31. A seniority system is unlawful if:
a. workers with longer years of service are laid off last.
b. a union did not agree to the policy.
c. it results from an intention to discriminate.
d. workers with longer years of service are predominantly from one race.
32. To survive Title VII scrutiny, employers must prove that employment testing and educational requirements are “job related” requirements for satisfactory job performance.
33. The measure of damages for misappropriation of a trade secret is:
a. ten times the loss of revenues by the owner of the trade secret (punitive damages).
b. three times the loss of revenues by the owner of the trade secret (treble damages).
c. the loss of revenues by the owner of the trade secret.
d. the profits earned by the ‘thief’ derived from the misappropriation of the trade secret.
34. Public policy exceptions to the employment-at-will doctrine apply only to “whistleblowing” situations.
35. A sole proprietor is subject to unlimited personal liability for the debts of the business.
36. Theoretically, the relationship between a franchisor and a franchisee is one of: ______.
a. parent and subsidiary.
b. an “arm’s-length” relationship between two (2) independent contractors.
c. an “arm’s-length” relationship between two (2) partners.
d. an “arm’s-length” relationship between two (2) joint tenants.
37. Reverse discrimination can occur when an affirmative action plan:
a. “unnecessarily trammels” the interests of nonminority employees.
b. prefers women over men.
c. aids in the hiring of blacks and Native Americans.
d. is unlawful unless the favored group has been severely disadvantaged.
38. What critical personal data right is created under both the European Union’s General Data protection Regulation (GDPR) and California’s Consumer Privacy Act of 2018?
a. name change.
b. political party designation.
d. disclosure to all internet contacts.
39. A plaintiff in a Title VII lawsuit must belong to a protected class.
40. Employers may verify ______ through the federal government’s employment verification program using the ______ system.
a. employers’ compliance with ICRA, E-Verify
b. new employee eligibility status, I-9
c. new employee eligibility status, E-Verify
d. new employee eligibility status, ICRA
41. Insider trading liability requires the tipper be a director, officer or employee of the company the stock of which is being tipped.
42. Which of the following is a permissive versus a mandatory subject of union bargaining?
c. benefits for already retired workers
d. no-strike no-lockout clauses
43. In the case of defined benefit plans, the employer must cover any underfunding that may result from the plan’s poor performance.
44. In order for a work to be copyrightable, it must possess a significant amount of creativity.
45. Workers’ compensation statutes do not typically provide for: ______.
a. immediate medical benefits.
b. prompt periodic wage replacement.
c. a death benefit.
d. punitive damages.
46. In a disparate impact case, the employer’s proof that it did not intend to discriminate is a complete defense.
47. The Equal Pay Act:
a. does not allow variances in wages pursuant to a seniority system.
b. generally requires that members of both sexes be paid equally for equal work.
c. prohibits all variations in wage rates paid to men and women.
d. makes payment variances a BFOQ.
48. Trademark law categorizes marks along a spectrum of ______, based on a mark’s capacity to serve ______.
a. suggestiveness, the characteristics of the service to which they relate.
b. fancifulness, the characteristics of the product to which they relate.
c. descriptiveness, a source-identifying function.
d. distinctiveness, a source-identifying function.
49. All types of patents available under U.S. law are entitled to the same quality and duration of protection once initial filing is perfected with the Patent and Trademark Office in Washington, D.C.
50. Under the CCPA, which of the following does NOT yet qualify as “personal information”:
a. Blood type
b. Browsing history
c. Geolocation data
d. Physical characteristics