ACCT 215 Exam 2 Midterm Test
Questions And Answers Rated A+.
Patent - Answer the legal right to exclude all others from making, using, selling, or importing the
invention during the term of the patent
Negative Right: the right to exclude others
--Exclusively federal law (Art. I, § 8, clause 8)
--Invention may be an apparatus or method as defined by the patent claims
--The(USPTO) U.S. Patent & Trademark Office examines and issues patents (under Dept. of Commerce
Trademarks - Answer Definition: a name, logo, or other distinguishing characteristic associated with a
product (or service if service mark)
-Almost always a mix of federal and state law governing trademarks, but federal law is most prominent
-No constitutional provision (purpose is to protect consumers, not promote science & art)
-Ownership of a valid trademark allows the owner to exclude others from using a confusingly similar
mark
Copyright - Answer Definition: exclusive right to exploit certain creative works
--Federal law is most important
--Creative works include literary, musical, dramatic, pictorial, sculpture, sound records, movies,
architecture, software
--Exclusive rights are a bundle (copy, publicly display or perform, create derivative works)
,Negligence Test - Answer o Defendant owed Plaintiff a duty of care
o Defendant breached that duty
o Injury resulted
o Breach was factual and legal (proximate cause) of the injury
4th Amendment - Answer Search Warrant - an order granted by a public authority, such as a judge, that
authorizes law enforcement personnel to search particular premises or property
Probable Cause - reasonable grounds to belief that evidence of a crime is currently located in the place,
or on the person to be searched.
There are many exceptions to the warrant requirement
Exigent Circumstances, Emergency, and Plain View Searches are just a few.
5th Amendment - Answer Protection from double jeopardy
Can't be tried for a crime a second time if found "not guilty" the first time
Right against self-incrimination
Miranda v. Arizona case held that police must advise you of your constitutional rights before subjecting
you to custodial interrogation
Right of due process
At a minimum you must be given notice and a hearing before you can be deprived of life, liberty or
property.
6th Amendment - Answer Right to a speedy/public trial
Right to an impartial jury (facing > 6 months of prison)
Right to be informed of the charges against you
Right to confront all witnesses
Right to have production of favorable witnesses
, Right to an attorney
Liebeck vs. McDonalds - Answer Liebeck injured by cup of coffee received through a drive-up window
McDonald's had notice of 700 customer complaints about this temperature of the coffee served
Liebeck's compensatory damages were reduced from $200,000 because of comparative negligence
Jury tries to award $2.7 million in punitive damages but judge reduced to $600,000
White Vs. Samsung - Answer Samsung commercial shows a robot with a blonde wig turning letters on a
board like Vanna White does on the Wheel of Fortune
Vanna White was awarded $403,000 because the commercial made it appear as if though Vanna White
was endorsing the product
Palsgraf v. Long Island Railroad Co - Answer Plaintiff was waiting for a train standing on the Railroad's
platform
Package of fireworks falls to the ground and injures plaintiff
Plaintiff was unable to recover damages because the harm was not foreseeable (proximate causation)
US vs. Park - Answer The Supreme Court noted that the "public interest in the purity of its food is so
great as to warrant the imposition of the highest standard of care on distributors." The court held that
Mr. Park, by virtue of his position of authority, had a responsibility to ensure the sanitary condition of the
food he stored and shipped. The Court upheld the conviction.
State's Vs Caseys General Store - Answer Cashier sells alcohol to a minor
Casey's claims it was the cashier's wrong doing not theirs
Casey's held criminally liable through vicarious liability
Supreme Court reverses on appeal because the conduct was not "authorized, requested or tolerated"
Questions And Answers Rated A+.
Patent - Answer the legal right to exclude all others from making, using, selling, or importing the
invention during the term of the patent
Negative Right: the right to exclude others
--Exclusively federal law (Art. I, § 8, clause 8)
--Invention may be an apparatus or method as defined by the patent claims
--The(USPTO) U.S. Patent & Trademark Office examines and issues patents (under Dept. of Commerce
Trademarks - Answer Definition: a name, logo, or other distinguishing characteristic associated with a
product (or service if service mark)
-Almost always a mix of federal and state law governing trademarks, but federal law is most prominent
-No constitutional provision (purpose is to protect consumers, not promote science & art)
-Ownership of a valid trademark allows the owner to exclude others from using a confusingly similar
mark
Copyright - Answer Definition: exclusive right to exploit certain creative works
--Federal law is most important
--Creative works include literary, musical, dramatic, pictorial, sculpture, sound records, movies,
architecture, software
--Exclusive rights are a bundle (copy, publicly display or perform, create derivative works)
,Negligence Test - Answer o Defendant owed Plaintiff a duty of care
o Defendant breached that duty
o Injury resulted
o Breach was factual and legal (proximate cause) of the injury
4th Amendment - Answer Search Warrant - an order granted by a public authority, such as a judge, that
authorizes law enforcement personnel to search particular premises or property
Probable Cause - reasonable grounds to belief that evidence of a crime is currently located in the place,
or on the person to be searched.
There are many exceptions to the warrant requirement
Exigent Circumstances, Emergency, and Plain View Searches are just a few.
5th Amendment - Answer Protection from double jeopardy
Can't be tried for a crime a second time if found "not guilty" the first time
Right against self-incrimination
Miranda v. Arizona case held that police must advise you of your constitutional rights before subjecting
you to custodial interrogation
Right of due process
At a minimum you must be given notice and a hearing before you can be deprived of life, liberty or
property.
6th Amendment - Answer Right to a speedy/public trial
Right to an impartial jury (facing > 6 months of prison)
Right to be informed of the charges against you
Right to confront all witnesses
Right to have production of favorable witnesses
, Right to an attorney
Liebeck vs. McDonalds - Answer Liebeck injured by cup of coffee received through a drive-up window
McDonald's had notice of 700 customer complaints about this temperature of the coffee served
Liebeck's compensatory damages were reduced from $200,000 because of comparative negligence
Jury tries to award $2.7 million in punitive damages but judge reduced to $600,000
White Vs. Samsung - Answer Samsung commercial shows a robot with a blonde wig turning letters on a
board like Vanna White does on the Wheel of Fortune
Vanna White was awarded $403,000 because the commercial made it appear as if though Vanna White
was endorsing the product
Palsgraf v. Long Island Railroad Co - Answer Plaintiff was waiting for a train standing on the Railroad's
platform
Package of fireworks falls to the ground and injures plaintiff
Plaintiff was unable to recover damages because the harm was not foreseeable (proximate causation)
US vs. Park - Answer The Supreme Court noted that the "public interest in the purity of its food is so
great as to warrant the imposition of the highest standard of care on distributors." The court held that
Mr. Park, by virtue of his position of authority, had a responsibility to ensure the sanitary condition of the
food he stored and shipped. The Court upheld the conviction.
State's Vs Caseys General Store - Answer Cashier sells alcohol to a minor
Casey's claims it was the cashier's wrong doing not theirs
Casey's held criminally liable through vicarious liability
Supreme Court reverses on appeal because the conduct was not "authorized, requested or tolerated"
