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A comprehensive set of questions and answers for mgmt 311 exam 2, covering key concepts in business law and ethics. It includes topics such as trademark law, defamation, intentional torts, and privacy. Designed to help students prepare for their exam by providing a thorough understanding of the material.
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According to the Trademark Dilution Revision Act (2006), the plaintiff of a famous mark must prove... ---------CORRECT ANSWER-----------------a. they own a famous mark (nike, apple, etc.) b. defendant has begun using mark that dilutes the famous mark c. gives rise to association d. association is likely to impair the distinctiveness of the famous mark or harm its rep. A trademark can be registered if... ---------CORRECT ANSWER----------------
Trademark infringement occurs when... ---------CORRECT ANSWER--------- --------trademark is copied to a SUBSTANTIAL degree or used in its entirery by another, intentionally or unintentionally The best way to get your trademark registered quickly/ at all is by having a ___. ---------CORRECT ANSWER-----------------strong mark Fanciful trademarks ---------CORRECT ANSWER-----------------Involve invented words Ex: Xerox, Kleenex, Google, Qdoba type of strong mark Arbitrary trademarks ---------CORRECT ANSWER-----------------those that use common words in an uncommon way that is non descriptive, such as "Dutch Boy" as a name for a paint. type of strong mark When the media is trying to defend themselves in a case of Intentional infliction of emotional distress, they often refer back to the... --------- CORRECT ANSWER-----------------1st amendment EX: In Hustler v. Jerry Falwell (US 1988) The Court held that parodies of public figures are protected under the First Amendment from intentional infliction of emotional distress claims.
Damages for Libel Defamation ---------CORRECT ANSWER----------------- general damages (unquantifiable) presumed, proof of special damages (quantifiable - proved with invoice) not necessary to recover damages, the plaintiff need not prove that he or she was actually harmed in any specific way as a result of the libelous statement. Damages for Slander (Defamation) ---------CORRECT ANSWER--------------- --Plaintiff must prove he suffered special damages (actual economic or monetary loss) before defendant is liable What is slander per se? ---------CORRECT ANSWER-----------------false statement made by defendant is actionable without proof special damages? an exception to the slander rule 4 types of false statements that are per se slanderous... ---------CORRECT ANSWER-----------------Statement that a person...
What are the two types of privileged speech? ---------CORRECT ANSWER- ----------------1. Absolute
What is false imprisonment? ---------CORRECT ANSWER-----------------the intentional confinement or restraint of another person's activities without justification Barriers/restraints (in relation to false imprisonment) can be ___ OR ___ threats. ___ is NOT enough to be considered false imprisonment --------- CORRECT ANSWER-----------------Physical, Oral moral pressure Plaintiff is person suing another for false imprisonment. Defendant is person accused of false imprisonment. Defense against false imprisonment ---------CORRECT ANSWER------------- ----1. consent
Intentional Infliction of Emotional Distress is ___ to prove. --------- CORRECT ANSWER-----------------difficult Almost impossible to prove in Texas as a stand alone tort. Actual malice ---------CORRECT ANSWER-----------------knowledge of falsity or reckless disregard for the truth Invasion of the right to privacy ---------CORRECT ANSWER-----------------A person has a right to solitude and freedom from prying public eyes 4 acts that qualify as invasion of privacy ---------CORRECT ANSWER-------- ---------1. intrusion into an individual's affairs or seclusion EX: landlord put secret cameras in house
c. tortfeaser intentionally caused business relationship to end What is predatory behavior (in reference to interference w/ busn. relationship) ---------CORRECT ANSWER-----------------soliciting only those customers who have already shown interest in the similar product or service of a specific competitor. Facts about Texaco v. Pennzoil (US 1987) ---------CORRECT ANSWER----- ------------Plaintiff - Pennzoil Defendant - Texaco Case put wrongful interference with a contractual relationship tort on map because of payout Getty oil was supposed to sell to pennzoil, contract was signed, Texaco interfered and gets Getty to sell to them while knowing of the contract Defense to wrongful interference ---------CORRECT ANSWER-----------------
Trespass to Land occurs when a person, without permission: --------- CORRECT ANSWER-----------------1. Enters onto, above, or below the surface of land that is owned by another.
b.actual damages must be proved to have proximately resulted from the statements about a competitor's products (caused people not to buy) Slander of Title ---------CORRECT ANSWER-----------------a. publication falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss to the property's owner b. someone knowingly publishes an untrue statement about property with the intent of discouraging a third person from dealing with the person slandered When does negligence (unintentional tort) occur? ---------CORRECT ANSWER-----------------someone suffers injury because of another's failure to live up to a required duty of care. reckless and careless, not intended risk must be forseeable Elements of Negligence ---------CORRECT ANSWER-----------------1. Duty
Case examples of duty of landowners for busn. invitees ---------CORRECT ANSWER-----------------Martin v. Wal-mart stores, Inc. *Martin slips and falls in Walmart Liebeck v. McDonalds, Inc. *Old lady gets third degree burns from coffee Obvious Dangers (Duty of Landowners) ---------CORRECT ANSWER-------- ---------- Generally, no duty to warn, but still may be liable for failure to maintain safe premises.
IN TX - social host are not liable Good Samaritan Statute ---------CORRECT ANSWER-----------------persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence passed primarily to encourage healthcare workers to voluntarily stop and render aid without fear of liability Assumption of Risk ---------CORRECT ANSWER-----------------A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger. can be expressed by agreement or implied by actions Taylor v. Baseball Club of Seattle is an example of when the ___ defense can be made. ---------CORRECT ANSWER-----------------assumption of risk Superseding Intervening Force ---------CORRECT ANSWER----------------- breaking casual connection defendant argues some other force intervenes/takes priority over what happened to plaintiff Contributory Negligence ---------CORRECT ANSWER-----------------A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff. If plaintiff is even 1% negligent they lose the case
comparative negligence ---------CORRECT ANSWER-----------------A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence. pure form- if the plaintiff was 80 percent at fault and the defendant 20 percent at fault, the plaintiff can recover 20 percent of his or her damages. 50% rule - rule that prevents the plaintiff from recovering any damages if she or he was more than 50 percent at fault. Texas - 50% rule state Strict Liability ---------CORRECT ANSWER-----------------liability without fault the situation is highly risky Fact about Rylands v Fletcher (1868) ---------CORRECT ANSWER------------ -----Brought about Strict Liability in Tort:
significance of MacPherson v. Buick Motor Co. (NY 1916) --------- CORRECT ANSWER-----------------1st time in American law that a product leads to negligence In Product liability (based on negligence) case, the plaintiff must prove the defendant had... ---------CORRECT ANSWER-----------------1. a DUTY
why hold a maker strictly liable for a defective product? ---------CORRECT ANSWER-----------------1. consumers should be protected against unsafe products