LAW 2001 Federal Trademark Protection & Common Law Questions

QUESTION 1

1. Federal trademark protection is provided by which law?

   		The Lanham Act.
   		The UCC.
   		The U.S. Constitution.
   		Common law.

2.5 points

QUESTION 2

1. Employment discrimination on the basis of age may be prohibited under:

   		the ADA.
   		the Civil Rights Act.
   		the Fair Labor Standards Act.
   		the ADEA.

2.5 points

QUESTION 3

1. Companies are generally:

   		required to obtain worker’s compensation insurance for their employees and independent contractors.
   		required to obtain worker’s compensation insurance for their employees.
   		provided with worker’s compensation insurance by the government of the state in which they operate.
   		provided with worker’s compensation insurance by the Federal government.

2.5 points

QUESTION 4

1. A warranty that comes into existence because of the conduct (like a website photo) of the seller, but not because the terms were stated expressly seller would be called:

   		an oral warranty.
   		an express warranty.
   		a written warranty.
   		an implied warranty.

2.5 points

QUESTION 5

1. The defense of Comparative Negligence is available in a case of:

   		Negligence.
   		Breach of contact.
   		Strict Liablity.
   		Both A. and B. are correct.
   		Both B. and C. are correct.

2.5 points

QUESTION 6

1. The Civil Rights Act:

   		Â prohibits reverse discrimination and prohibits affirmative action.
   		Â prohibits discrimination, but requires reverse discrimination.
   		Â prohibits discrimination, but requires affirmative action.
   		Â prohibits reverse discrimination, but permits affirmative action.

2.5 points

QUESTION 7

1. The defense of Assumption of Risk is available in a case of :

   		Negligence.
   		Breach of contact.
   		Strict Liablity.
   		Both a. and c. are correct.
   		Both b. and c. are correct.

2.5 points

QUESTION 8

1. Employees of the Hefner Concrete Company work long and hard when on road building projects in order to take advantage of good weather and to meet performance bonuses for completion of jobs ahead of schedule. During one week, some of the employees work 55 hours. For the employees who worked 55 hours in one week, Hefner

   		Â must pay its workers time and a half for all hours from 41 through 50 and double time for all hours over 50.
   		Â has violated the FLSA because workers are prohibited from working over 50 hours per week.
   		Â has violated the OSHA because workers are prohibited from working over 50 hours per week.
   		must pay its workers time and a half for all hours over 40.

2.5 points

QUESTION 9

1. Which of the following theories of product liability would not require proof of foreseeable harm:

   		Negligence.
   		Breach of implied warranty of merchantability.
   		Strict Product Liability.
   		All of the above.

2.5 points

QUESTION 10

1. A disclaimer of a warranty by the seller will not be effective in disclaiming:

   		a written express warranty.
   		an express warranty created by a photo on a website.
   		an implied warranty of merchantability.
   		an implied warranty of fitness for a particular purpose.

2.5 points

QUESTION 11

1. Strict Products Liabilty requires the following element(s):

   		A duty owed to the plaintiff and that the product has a defect.
   		That the product has a defect.
   		That the product has a dangerous defect.
   		That the defendant acted unreasonably under the circumstances.

2.5 points

QUESTION 12

1. The following statement is FALSE as to trademarks which are generally protected under Federal Trademark law?

   		Fanciful and arbitrary marks are protected, but descriptive marks are not.
   		Arbitrary marks are protected, but suggestive marks are not.
   		Suggestive and fanciful marks are protected.
   		Fanciful, suggestive, and arbitrary marks are protected.

2.5 points

QUESTION 13

1. A child trespasser on your business premises, is owed:

   		a duty not to intentionally harm
   		a duty not to recklessly harm
   		a duty to protect from any foreseeable dangerous condition
   		no duty at all.

2.5 points

QUESTION 14

1. A defendant could be liable for gross negligence if he was found to have acted:

   		unreasonably
   		intentionally
   		recklessly
   		with criminal intent

2.5 points

QUESTION 15

1. One difference between a “Term” employee and an “At Will” employee is:

   		Term employees have a contract with their employer, but At Will employees do not.
   		Term employees can quit or be fired at any time for no reason but if an At Will employee quits or is fired for no reason, that action can result in a breach of contract lawsuit.
   		At Will employees have a contract with their employer, but Term employees do not.
   		At Will employees can quit or be fired at any time for no reason but if a Term employee quits or is fired for no reason, that action can result in a breach of contract lawsuit.

2.5 points

QUESTION 16

1. The Fair Labor Standards Act regulates the following:

   		Minimum wage provisions
   		Overtime wages and a standard workweek.
   		Child labor.
   		All of the above.
   		None of the above

2.5 points

QUESTION 17

1. An employer will NOT be liable for sexual harassment if:

   		They knew of the existence of hostile environment harassment and did nothing to try to stop it.
   		They knew of the existence of quid pro quo harassment and did nothing to try to stop it.
   		They did not know of the existence of quid pro quo harassment and did nothing to try to stop it.
   		They did not know of the existence of hostile environment harassment and did nothing to try to stop it.

2.5 points

QUESTION 18

1. A product trademark that is identified by a made-up word (one that has no meaning otherwise), is called:

   		Fanciful.
   		Arbitrary.
   		Suggestive.
   		Descriptive.

2.5 points

QUESTION 19

1. To succeed in a strict products liability action, the plaintiff must prove all of the following elements, EXCEPT for which one?

   		The product was defective when sold.
   		The defect rendered the product dangerous.
   		The defendant acted unreasonably.
   		The product was the cause of the plaintiff’s injury.

2.5 points

QUESTION 20

1. Gross Negligence is defined as:

   		Unreasonable action that results in foreseeable harm.
   		Reckless action that result in any harm.
   		Action that is so inherently dangerous that no amount of due care can make it safe.
   		Reckless action that result in foreseeable harm.

2.5 points

QUESTION 21

1. Under the Family and Medical Leave Act, an employee can get leave for:
   I. The birth or adoption of a child.
   II. A serious health condition of the employeeâ s sister.
   III. A serious health condition of the employeeâ s wife.
   IV. A serious health condition of the employeeâ s parent
   V. A serious health condition of the employeeâ s boyfriend or girlfriend.

   		I only.
   		I, II, and III only.
   		I, III, and IV only.
   		All of the choices (I through V) are correct.
   		None of the choices (I through V) are correct.

2.5 points

QUESTION 22

1. A restaurant bouncer (security guard), who is employed by the restaurant, hurt a customer by using too much force to eject them from the premises. The bouncer is liable for the customerâ s injuries. Even though the restaurant did not authorize the bouncerâ s conduct, the restaurant may also be liable under the concept of:

   		Contributory negligence.
   		Strict Liability.
   		The restaurant would not be liable at all, since it didnâ t do anything wrong.
   		Breach of Contract.
   		Respondeat Superior.

2.5 points

QUESTION 23

1. Employees are entitled to have their workplace be free from hazards that me cause them harm. The law that regulates workplace safety and safety guidelines is:

   		OSHA.
   		The Lanham Act.
   		The FLSA.
   		The FMLA.
   		The UCC.

2.5 points

QUESTION 24

1. The Civil Rights Act’s ban on racial discrimination

   		Â Can be used to protect black people only.
   		Â Can be used to protect black and asian people only.
   		Â Can be used to protect all citizens equally on the basis of race.
   		Â Can be used to protect only to people of color.

2.5 points

QUESTION 25

1. A BFOQ defense:

   		is a potential defense in any employment discrimination case.
   		is a potential defense in a â disparate impactâ employment discrimination case.
   		is a potential defense in a â disparate treatmentâ employment discrimination case.
   		is a potential defense, but only in cases involving discrimination on the basis of sex.

2.5 points

QUESTION 26

1. Which of the following theories of product liability would require proof of privity of contract:

   		Breach of express warranty.
   		Breach of implied warranty of merchantability.
   		Strict Product Liability.
   		Negligence.
   		All of the above.

2.5 points

QUESTION 27

1. Assuming the conduct is repetitive and unwelcome, an employer’s sexual harassment liability may arise from:

   		a female worker overhearing a male worker telling a sexually-offensive joke to a male co-worker.
   		a female supervisor pinches the rear end of a male employee.
   		a male worker being subjected to a new employee hazing ritual that involves sexually-offensive behavior.
   		All of the above.

2.5 points

QUESTION 28

1. Henri runs a French restaurant. He wants his diners to have an authentic culinary experience. Henri can avoid a claim of national origin discrimination and still screen his waitstaff by requiring that

   		an applicant speak French well, or have knowledge of French cuisine.
   		an applicant have a French passport.
   		an applicant be born in France.
   		an applicant have at least one cousin, parent or grandparent who comes from France.

2.5 points

QUESTION 29

1. Unemployment benefits would be payable to an employee who:

   		was terminated for violating agreed-to company policies prohibiting criticizing their employer in social media.
   		was terminated because they physically assaulted their supervisor.
   		was terminated because they refused to work a shift change after they have worked the same shift for 10 years.
   		was terminated because they testified against the employer in another employee’s discrimination case against that same employer.

2.5 points

QUESTION 30

1. The Implied Warranty of Merchantability would arise in a transaction where:

   		land was being sold by a real estate agency.
   		a car is being sold by a car dealership.
   		a car dealer is redecorating and selling off some of its furniture to consumers and other businesses.
   		a home-owner is selling his used car to his neighbor.

2.5 points

QUESTION 31

1. The following is true:

   		A successful contributory negligence defense divides the blame between the parties and allows the plaintiff to still recover damages.
   		A successful contributory negligence defense would be a full defense and the plaintif would recover no damages.
   		Contributory negligence defense is the majority rule.
   		None of the above are true.

2.5 points

QUESTION 32

1. In a lawsuit based upon negligence, the following remedies may generally be recoverable:

   		Specific performance.
   		Punitive damages.
   		Liquidated damages
   		All of the above.
   		None of the above.

2.5 points

QUESTION 33

1. Under the FMLA, an employee would be entitled to:

   		up to 12 weeks of leave per year.
   		up to 12 weeks of leave per year, but only if they are consecutive.
   		up to 10 weeks of leave per year.
   		up to 10 weeks of leave per year, but only if they are consecutive.

2.5 points

QUESTION 34

1. If an employee needs to take 10 weeks of leave for a required surgery and recovery, they would be entitled:

   		to get their job back after their leave.
   		to disabilty payment benefits under Social Security for the time they couldn’t work.
   		to unemployment payment benefits for the time they couldn’t work.
   		None of the above are true.

2.5 points

QUESTION 35

1. Worker’s Compensation:

   		only pays benefits to workers who are injured inside the employer’s place of business.
   		pays benefits to workers who suffer a work-related injury.
   		pays benefits to workers who get hurt at work or at home, and therefore cannot work.
   		pays benefits to workers who want to take a vacation.

2.5 points

QUESTION 36

1. The employment-at-will doctrine means that

   		An actor must agree to follow the instructions by the play’s director in order to be cast in a play by William Shakespeare.
   		Highly paid workers in the building trades can pass their jobs on to a relative when they die.
   		An employer can terminate an employee for any reason as long as the reason is not a violation of public policy or law.
   		Government employees lose their constitutional rights when on the job.

2.5 points

QUESTION 37

1. The following is an example of quid pro quo sexual harassment.

   		A male employee tells dirty jokes to a female superior.
   		A male employee grabs a male co-worker in an inappropriate manner.
   		A female manager refuses to hire a potential employee, unless the new employee agrees to have an affair with the manager.
   		A worker has a provocative photo of his spouse on his cell-phone and shows it to his co-workers.

2.5 points

QUESTION 38

1. A day care center hired a convicted child molester to take care of the children, without doing the required background check. The molester then attacked one of the children and the parents are suing the day care center. The day care center:

   		Would be liable under respondeat superior.
   		Would be liable for its own negligent conduct.
   		Would be liable due to its comparative negligence.
   		Would not be liable because the parents assumed the risk of harm.
   		Would not be liable in any or all of the above events.

2.5 points

QUESTION 39

1. Social Security can pay a benefit:

   		To a wage-earner who retires and has reached the age set by statutory law.
   		To a wage-earner who becomes fully and permanently disabled.
   		To the survivor of a wage-earner who is entitled to a social security benefit.
   		All of the above may be entitled to benefits under Social Security.
   		None of the above may be entitled to benefits under Social Security.

2.5 points

QUESTION 40

1. Under the FLSA, children are protected from:

   		working too many hours.
   		working in a job that may put them in danger.
   		working certain hours that may cause them harm or interfere with their education.
   		All of the above are correct.
   		None of the above are correct.

2.5 points