BLAW 310 EXAM 2 QUESTIONS WITH VERIFIED ACCURATE
ANSWERS
1. Types of crimes?: 1. violent crime- murder, rape, assault, battery, and robbery
2. property crime- Burglary, Arson, Larceny, and receive stolen goods
3. public order crime- Prostitution, Gambling, illegal frug use
4. white-collar crime- Embezzlement, bribery, mail and wire fraud.
5. organized crime- Money laundering, gangs.
2. What two elements must exist before a person can be held liable for
a crime?: 1. The performance of a prohibited act
2. A specified state of mind or intent on the part of the actor
3. Civil Law: the system of law concerned with private relations between members of a community rather than
criminal, military, or religious attairs.
4. Different issues for Civil law: -Party who brings suit: The person who suttered harm
-Wrongful act: Causing harm to a person or to a persons' property
-Burden of proof: Preponderance of the evidence
-Verdict: 3/4ths majority
-Remedy: Damages to compensate for the harm or a decree to achieve an equitable result
5. Criminal Law: a system of law concerned with the punishment of those who commit crimes.
6. Different issues for Criminal law: -Party who brings suit: The state
-Wrongful act: Violating a statute that prohibits some type of activity
-Burden of proof: Beyond a reasonable doubt
-Verdict: Unanimous(almost always)
-Remedy: Punishment(fine, imprisonment, or death)
,7. Mens Rea: Wrongful mental state(bad mind)
8. Actus reus: Prohibited act(Bad act)
9. Intellectual Property: any property resulting from intellectual, creative processes—the products of an
individual's mind.
10. Patent: A grant from the government that gives on investor exclusive rights to an invention
11. How is a Patent acquired?: By filing a patent application with the U.S. Patent and Trademark Oflce
and receiving its approval.
12. What is the Duration of a Patent?: 20 years from the date of the
application. Design patents would be 14 years.
, 13. What would be the remedy for infringement for a Patent?(breaking the law
or agreement): Monetary damages, including royalties and lost profits, plus attorney's fees. Damages can be
tripled for intentional infringement.
14. Copyright: The right of an author of a literary or artistic work, or other productions, to have a exclusive use of that
work for a given period of time
15. How can a copyright be acquired?: Automatic (once the work or creation is put in tangible form).
Only the expression of an idea (not the idea itself) can be protected by copyright.
16. What is the duration of copyright?: -For authors: the life of the author + 70 years.
-For publishers: 95 years after the date of publication or 120 years after creation.
17. What would be the remedy for infringement for a Copyright?(breaking the
law or agreement): Actual damages plus profits received by the party who infringed or statutory damages
under the Copyright Act, plus costs and attorneys fees in either situation.
18. Trademark (service mark or trade dress): Any distinctive word, name, symbol or device that an
entity uses to distinguish its goods or services from those of others. The owner has the exclusive right to mark or trade
dress.
Trade dress example: Knockott brands
19. How can a Trademark be acquired?: 1. At common law, ownership created by use of the mark.
2.Registration with the appropriate federal or state oflce gives notice and is permitted if the mark is currently in use or will be
within the next six months.
20. How long is the duration of a Trademark?: Unlimited, as long as it is in use. To continue notice
by registration, the owner must renew by filing between the 5th and 6th years, and thereafter, every 10 years.
21. What would be the remedy for infringement for a Trademark?(breaking the
law or agreement): 1. Injunction prohibiting the future use of the mark
2. Actual damages plus profits received by the party who infringed
3. Destruction of articles that infringed
4. Plus costs and attorneys fees
ANSWERS
1. Types of crimes?: 1. violent crime- murder, rape, assault, battery, and robbery
2. property crime- Burglary, Arson, Larceny, and receive stolen goods
3. public order crime- Prostitution, Gambling, illegal frug use
4. white-collar crime- Embezzlement, bribery, mail and wire fraud.
5. organized crime- Money laundering, gangs.
2. What two elements must exist before a person can be held liable for
a crime?: 1. The performance of a prohibited act
2. A specified state of mind or intent on the part of the actor
3. Civil Law: the system of law concerned with private relations between members of a community rather than
criminal, military, or religious attairs.
4. Different issues for Civil law: -Party who brings suit: The person who suttered harm
-Wrongful act: Causing harm to a person or to a persons' property
-Burden of proof: Preponderance of the evidence
-Verdict: 3/4ths majority
-Remedy: Damages to compensate for the harm or a decree to achieve an equitable result
5. Criminal Law: a system of law concerned with the punishment of those who commit crimes.
6. Different issues for Criminal law: -Party who brings suit: The state
-Wrongful act: Violating a statute that prohibits some type of activity
-Burden of proof: Beyond a reasonable doubt
-Verdict: Unanimous(almost always)
-Remedy: Punishment(fine, imprisonment, or death)
,7. Mens Rea: Wrongful mental state(bad mind)
8. Actus reus: Prohibited act(Bad act)
9. Intellectual Property: any property resulting from intellectual, creative processes—the products of an
individual's mind.
10. Patent: A grant from the government that gives on investor exclusive rights to an invention
11. How is a Patent acquired?: By filing a patent application with the U.S. Patent and Trademark Oflce
and receiving its approval.
12. What is the Duration of a Patent?: 20 years from the date of the
application. Design patents would be 14 years.
, 13. What would be the remedy for infringement for a Patent?(breaking the law
or agreement): Monetary damages, including royalties and lost profits, plus attorney's fees. Damages can be
tripled for intentional infringement.
14. Copyright: The right of an author of a literary or artistic work, or other productions, to have a exclusive use of that
work for a given period of time
15. How can a copyright be acquired?: Automatic (once the work or creation is put in tangible form).
Only the expression of an idea (not the idea itself) can be protected by copyright.
16. What is the duration of copyright?: -For authors: the life of the author + 70 years.
-For publishers: 95 years after the date of publication or 120 years after creation.
17. What would be the remedy for infringement for a Copyright?(breaking the
law or agreement): Actual damages plus profits received by the party who infringed or statutory damages
under the Copyright Act, plus costs and attorneys fees in either situation.
18. Trademark (service mark or trade dress): Any distinctive word, name, symbol or device that an
entity uses to distinguish its goods or services from those of others. The owner has the exclusive right to mark or trade
dress.
Trade dress example: Knockott brands
19. How can a Trademark be acquired?: 1. At common law, ownership created by use of the mark.
2.Registration with the appropriate federal or state oflce gives notice and is permitted if the mark is currently in use or will be
within the next six months.
20. How long is the duration of a Trademark?: Unlimited, as long as it is in use. To continue notice
by registration, the owner must renew by filing between the 5th and 6th years, and thereafter, every 10 years.
21. What would be the remedy for infringement for a Trademark?(breaking the
law or agreement): 1. Injunction prohibiting the future use of the mark
2. Actual damages plus profits received by the party who infringed
3. Destruction of articles that infringed
4. Plus costs and attorneys fees
