CBAD 344 Exam 2: Essential Knowledge for
Strategic Decision-Making
Article 1 Section 8 - correct answer ✔✔U.S. Constitution protects Intellectual Property
Trademark - correct answer ✔✔Distinctive motto, mark, or emblem that is stamped or affixed to a
product so that it can be identified in the market
Lanham Act of 1946 - correct answer ✔✔Provides federal protection of manufacturers from losing
business to rivals that used confusingly similar brands and products
Trademark Dilution Act of 1995 - correct answer ✔✔Amended Lanham Act to bring federal cause of
action in federal court for trademark dilution, even when mark is unlikely to confuse, "similar" marks
may give rise to dilution suit
Strong Marks - correct answer ✔✔Fanciful, arbitrary, or suggestive trademarks are most distinctive
marks, normally not related to product (Apple, Xerox, Starbucks)
Actus Reus - correct answer ✔✔A guilty (prohibited) act; one of the two essential elements required to
establish criminal liability.
Mens Rena - correct answer ✔✔A wrongful mental state ("guilty mind"), or intent; one of the two
essential elements required to establish criminal liability.
Larceny - correct answer ✔✔The wrongful taking and carrying away of another person's personal
property with the intent to permanently deprive the owner of the property.
Insider Trading - correct answer ✔✔The purchase or sale of securities on the basis of information that
has not been made available to the public.
, Money Laundering - correct answer ✔✔Engaging in financial transactions to conceal the identity, source,
or destination of illegally gained funds.
Self-Defense - correct answer ✔✔The legally recognized privilege to do what is reasonably necessary to
protect oneself, one's property, or someone else against injury by another.
Duress - correct answer ✔✔Unlawful pressure brought to bear on a person, causing the person to
perform an act that she or he would not otherwise perform.
Entrapment - correct answer ✔✔A defense in which a defendant claims that he or she was induced by a
public official to commit a crime that he or she would otherwise not have committed.
Self-Incrimination - correct answer ✔✔Giving testimony in a trial or other legal proceeding that could
expose the person testifying to criminal prosecution.
Plea Barganing - correct answer ✔✔The process by which a criminal defendant and the prosecutor work
out an agreement to dispose of the criminal case, subject to court approval.
Probable Cause - correct answer ✔✔Reasonable grounds for believing that a search should be
conducted or that a person should be arrested.
State of Oklahoma v. Marcum - correct answer ✔✔Does an individual who has exchanged text messages
with another person have a reasonable expectation of privacy in those messages when they reside in the
other person's account records at the telephone company?
Exclusionary Rule - correct answer ✔✔A rule that prevents evidence that is obtained illegally or without
a proper search warrant from being admissible in court.
Indictment - correct answer ✔✔A formal charge by a grand jury that there is probable cause to believe
that a named person has committed a crime.
Major Procedural Steps in a Criminal Case - correct answer ✔✔Arrest, Booking, Initial Appearance,
Grand Jury/Preliminary Hearing, Indictment/Information, Arraignment, Trial
Strategic Decision-Making
Article 1 Section 8 - correct answer ✔✔U.S. Constitution protects Intellectual Property
Trademark - correct answer ✔✔Distinctive motto, mark, or emblem that is stamped or affixed to a
product so that it can be identified in the market
Lanham Act of 1946 - correct answer ✔✔Provides federal protection of manufacturers from losing
business to rivals that used confusingly similar brands and products
Trademark Dilution Act of 1995 - correct answer ✔✔Amended Lanham Act to bring federal cause of
action in federal court for trademark dilution, even when mark is unlikely to confuse, "similar" marks
may give rise to dilution suit
Strong Marks - correct answer ✔✔Fanciful, arbitrary, or suggestive trademarks are most distinctive
marks, normally not related to product (Apple, Xerox, Starbucks)
Actus Reus - correct answer ✔✔A guilty (prohibited) act; one of the two essential elements required to
establish criminal liability.
Mens Rena - correct answer ✔✔A wrongful mental state ("guilty mind"), or intent; one of the two
essential elements required to establish criminal liability.
Larceny - correct answer ✔✔The wrongful taking and carrying away of another person's personal
property with the intent to permanently deprive the owner of the property.
Insider Trading - correct answer ✔✔The purchase or sale of securities on the basis of information that
has not been made available to the public.
, Money Laundering - correct answer ✔✔Engaging in financial transactions to conceal the identity, source,
or destination of illegally gained funds.
Self-Defense - correct answer ✔✔The legally recognized privilege to do what is reasonably necessary to
protect oneself, one's property, or someone else against injury by another.
Duress - correct answer ✔✔Unlawful pressure brought to bear on a person, causing the person to
perform an act that she or he would not otherwise perform.
Entrapment - correct answer ✔✔A defense in which a defendant claims that he or she was induced by a
public official to commit a crime that he or she would otherwise not have committed.
Self-Incrimination - correct answer ✔✔Giving testimony in a trial or other legal proceeding that could
expose the person testifying to criminal prosecution.
Plea Barganing - correct answer ✔✔The process by which a criminal defendant and the prosecutor work
out an agreement to dispose of the criminal case, subject to court approval.
Probable Cause - correct answer ✔✔Reasonable grounds for believing that a search should be
conducted or that a person should be arrested.
State of Oklahoma v. Marcum - correct answer ✔✔Does an individual who has exchanged text messages
with another person have a reasonable expectation of privacy in those messages when they reside in the
other person's account records at the telephone company?
Exclusionary Rule - correct answer ✔✔A rule that prevents evidence that is obtained illegally or without
a proper search warrant from being admissible in court.
Indictment - correct answer ✔✔A formal charge by a grand jury that there is probable cause to believe
that a named person has committed a crime.
Major Procedural Steps in a Criminal Case - correct answer ✔✔Arrest, Booking, Initial Appearance,
Grand Jury/Preliminary Hearing, Indictment/Information, Arraignment, Trial
