Legal Concepts in Property and Intellectual Property Ownership, Exercises of Nursing

Download Legal Concepts in Property and Intellectual Property Ownership and more Exercises Nursing in PDF only on Docsity! 1 The legal system lacks a way to enforce the rights associated with property ownership. • The legal system recognizes ownership of both tangible and intangible property. • The property ownership system is more exclusionary than it used to be. • Human bodies and body parts are subject to property ownership. • • Yes, because the taxi driver profited from his discovery. • No, because reverse engineering is a legal means of discovering a trade secret. • No, because the trade secret was discovered as a result of the owner's carelessness. • Yes, because the taxi driver used a trade secret without permission from its owner. 1 Which of the following is true of property ownership in the United States? CONCEPT The Property System 2 Walter is the CEO of an energy drink company. One day, he accidentally leaves the recipe for his company's bestselling drink in a taxi on his way to work. The taxi driver sells the recipe to the highest bidder. Does the taxi driver's conduct violate trade secret law? CONCEPT Trade Secrets 3 A bar owner hires a bartender with a history of assault and battery. A few weeks after being hired, a patron insults the bartender and the bartender 2 punches the patron, causing injury to his face. The patron sues the bar owner for damages. 5 promoting competition within society • motivating producers to create • giving credit and recognition to people for their creations • celebrating American innovation • • To ensure that an agent maximizes a principal's profit • To ensure that an agent is conducting him or herself in a generally professional manner • To ensure that an agent is avoiding any criminal or tortious acts on the principal's behalf • To ensure that an agent is subordinating his or her self-interest to that of the principal CONCEPT Trademarks 6 Intellectual property rights are recognized and protected for the primary purpose of . CONCEPT Intellectual Property 7 What is the purpose of an agent's fiduciary duty? CONCEPT Duties between Agent and Principal 8 • This phrase is an example of a certification mark. 6 • Exercise extraordinary duty of care. If a voluntary bailment is only of benefit to the bailor, what duty must the bailee perform? 7 • leasehold interest • life estate interest • fee simple defeasible interest • co-ownership interest • A gift of real property requires no consideration to be valid. • If a person dies intestate, his or her property is gifted to the state. • A will is necessary to inherit real property. • A gift of real property requires only the intention to make a gift and an acceptance of • Avoid gross negligence. • Avoid minimum duty of care. • Exercise ordinary duty of care. CONCEPT Bailment 9 If you receive a deed that transfers ownership of a house to you and your spouse as a tenancy in common, you have a in the house. CONCEPT Real Property: Duties, Responsibilities, and Interests 10 Select the true statement regarding inherited or gifted real property. 10 CONCEPT Agent's Personal Liability for Torts and Contracts 13 11 A late night talk show host reads several lines from a copyrighted book without permission from the copyright owner before delivering a criticism of the book. Select the correct classification for this example. • Fair use • Legal use of a copyright license • Direct copyright infringement • Contributory infringement CONCEPT Copyright Law 14 Yani brings his car to a mechanic to diagnose and fix a strange noise coming from the engine. The mechanic agrees to help, and Yani signs a form agreeing to pay for any recommended repairs. The mechanic repairs the car and presents Yani a bill for $3,000. The mechanic was not required to provide a cost estimate before completing the work. Is Yani liable for the full cost of the repairs? 12 • Yes, due to implied authority. • Yes, due to apparent authority. • No, Yani is not liable. • Yes, due to express authority. CONCEPT Principal's Contract Liability 15 Which of the following is true of agency relationships? 15 No, because the company is not yet deriving value from the technology. • No, because the invention of this technology is publicly available information through the issuance of the patent. • Yes, because Wilhelm misappropriated the tech company's trust by telling his friends about the new technology. • Yes, because Wilhelm will potentially profit from his discovery. • This name is an example of a service mark. • This name is an example of a collective mark. • CONCEPT Employment at Will 1 Wilhelm discovers that a tech company has just received a patent for a new type of headphone that reduces the potential for hearing damage at high volume. The existence of this new technology is not yet widely known. However, once Wilhelm learns about it, he tells several of his friends, and they all buy stock in the tech company. Does Wilhelm's conduct violate trade secret law? CONCEPT Trade Secrets 2 Select the statement that best applies to the new company name "Pep-C." An airline has a pattern of firing flight attendants after they turn 40. Jerry is fired from the airline shortly after his 40th birthday. • The manager of a small business constantly complains about her employee's poor hearing. She fires the employee three weeks after hiring him. 16 tangible fungible private property • intangible private property • fungible public property • intangible public property • • leasehold interest • life estate interest • reversionary interest • possessory interest • This name likely cannot be trademarked. • This name is an example of a certification mark. CONCEPT Trademarks 3 A pound of coffee beans is . CONCEPT Personal Property 4 If ownership of Isaiah's home transfers to his sister upon his death, Isaiah has a in his home. 17 • CONCEPT Real Property: Duties, Responsibilities, and Interests 5 A utility patent . 20 The owner of a small greeting card company suddenly files for bankruptcy and closes the business, letting go all of his employees. • A test prep tutor is fired by the company that hired her because its revenue is falling. The employee has performed well since she was hired. • A janitor misses work for three days to serve on a jury and is fired by his employer for exceeding his vacation time. • A store clerk is fired after violating several provisions of the employee handbook. The clerk has no formal employment contract, but she is only given two weeks' notice. • • To defend equality • To support capitalism • To deter monopolies • To promote progress CONCEPT Copyright Law 8 Which of the following most clearly represents an illegal termination of employment? CONCEPT Employment at Will 9 Why was the power to confer intellectual property rights given to Congress? • Contributory infringement 21 CONCEPT Intellectual Property 10 22 • No, the company is not liable. • Yes, due to apparent authority. • Yes, due to implied authority. • Yes, due to express authority. Which of the following is true of agency relationships? • Agency relationships require an exchange of consideration to be formed. • Agency relationships are created between a principal and an agent, who represents the principal to a third party. • Legally binding agency relationships may be formed between a principal who is a minor and an agent, if the agent is a fully capable adult. • Agency relationships are created between a principal and an employee, who represents the principal to an agent. CONCEPT Introduction to Agency Law 11 Jason is a salesperson at a clothing company. He has no authority to order inventory, but one day he sends a purchase order on company letterhead to a shoe supplier. He likes the shoes and thinks they'll sell quickly in the store. When the company's manager discovers the invoice from the shoe supplier, she refuses to pay it. Is the company liable for the invoice? 25 CONCEPT Real Property: Methods of Acquisition 14 26 • No, because principals have no duties toward their agents. • No, because Gary does not have a fiduciary duty to Dawn. • Yes, because he has a responsibility to not interfere with Dawn's task. • Yes, because he failed to warn Dawn of the potential for pecuniary loss. Lisa is the CEO of a corporation. As such, she is authorized to make daily operating decisions for the company on behalf of shareholders. Which type of agent relationship does this represent? • Subagent • General agent • Special agent • Independent contractor CONCEPT Types of Agents 15 Gary (principal) hires Dawn (agent) to sell his house. Every time Dawn tries to bring a potential buyer to see Gary's house, he asks her to reschedule for another day. Dawn suspects that Gary does not actually want to sell his house. Is Gary in breach of his duty? 27 CONCEPT Duties between Agent and Principal 16 Russ owns a construction company and manages 10 employees. He has an extensive employee manual that clearly lays out the company's policies and expectations for its workers. The manual expressly forbids drinking alcohol 30 • Joyce signs a contract to purchase her first home for $180,000 from Mei. Mei then gets a better offer, and breaks her contract with Joyce. Joyce sues Mei for breach of contract. • A hospital hires a new CEO who signs a two-year employment contract. After six months, the CEO quits, and the hospital sues her for breach of contract. • Yolanda's landscaping company orders a new riding mower that is supposed to be delivered before Yolanda's next big job on Monday. The mower doesn't arrive until Friday, so Yolanda loses out on that job. Yolanda sues the company that promised her the riding mower for breach of contract. • A homeowner requests that a fencing company install a particular brand of vinyl fence. The company ends up installing a different brand that looks and performs exactly the same. The homeowner sues for breach of contract. • Federal Trade Commission • Civil Rights Act • Truth in Lending Act • Securities and Exchange Commission CONCEPT Law in Business 2 Which of the following scenarios would likely result in an order for specific performance or an injunction, rather than a monetary award? CONCEPT Equitable Remedies: Specific Performance and Injunction 31 3 Zahra and Joseph sign a contract worth $1,000. When Zahra breaks the contract, Joseph loses the $1,000. 32 • to eliminate any disagreement in economic exchanges • to facilitate economic transactions between individuals • to limit personal freedom • to bring order to medieval societies Which type of monetary award does Joseph receive if he is later awarded $1,000? • Nominal damages • Restitution • Incidental damages • Compensatory damages CONCEPT Monetary Awards 4 The purpose of contracts is . CONCEPT General Perspectives on Contracts 5 You and I verbally agree that you will buy my bicycle for $200. This is a(n) . 35 A corporation can only exist for as long as its original owners are present. • • Since corporations are separate legal entities from their shareholders, which of the following is true? 36 • Before the opening statements • After the closing arguments • Following jury selection • During cross-examination CONCEPT Corporations 9 A landlord sues a tenant for destruction of property. During the trial, the judge issues instructions to the jury to clarify what facts it must determine to issue a verdict. When in the trial process does this occur? CONCEPT The Trial 10 Ursula allows a friend to borrow her copyrighted CD, knowing that her friend intends to make copies of the CD to sell in school. Select the correct classification for this example. Shareholders are usually not financially accountable for the actions of the corporation, but neither do they own the assets of the corporation. • Under no circumstances can the protection of limited liability be removed from shareholders. • Shareholders do not need to pay taxes on dividend earnings since corporations are taxed independently. 37 Legal use of a copyright license • Direct copyright infringement • 40 • Weak, because the CEO is taking credit for the work of others. • Strong, because the CEO is protecting the financial strength of the company. • Weak, because the CEO is failing to provide top-down ethical leadership. • Strong, because the CEO is willing to meet with people in the organization who have ethical concerns. • A landlord makes no attempt to find a new renter after a tenant breaks her lease. • A landscaper avoids using a newly-purchased lawnmower that she knows is defective. • A housepainter stops painting a client's house once he realizes that the homeowner can't pay. CONCEPT Limitations on Contract Remedies 13 A whistleblower informs a VP at an online retail company about the widespread practice of warehouse workers being asked to work extra hours without pay. The VP raises the issue with the CEO, who responds that the company can’t compete in the industry without its workers putting in some extra hours, and that paying them for these hours would negatively affect earnings. The CEO assures the VP that the company’s workforce is happy to work these extra hours, since no warehouse workers have complained directly to him. Consider what you have learned about the factors that impact corporate culture. What is the ethical strength of the corporation in the example? 41 CONCEPT Corporate Culture and Codes of Ethics 14 42 Which of the following statements regarding the enforceability of contracts involving minors is true? • All contracts involving minors are unenforceable. • Minors may never enter into legally enforceable contracts. • Contracts for necessities (such as food or shelter) involving a minor as a party are enforceable. • Provided all other conditions for enforceability are met, a contract may not be voided simply because one party is a minor. CONCEPT Unenforceable Contracts Select the example that is inconsistent with the provisions of the UCC for contract remedies for a seller's breach of contract. • The sales contract for a company that sells rare antiques includes a liquidated damages clause in the event of a breach of contract that the courts have deemed reasonable. • The sales contract for machine parts excludes responsibility for any loss of business that may result from a delivery delay. • In its sales contract, a jewelry maker gives buyers a maximum of 18 months to raise any concerns relating to breach of contract. • An auto manufacturer's sales contract reduces the statute of limitations for breach of contract claims to nine months. 15 45 • 18 Why is an LLC an attractive form of business organization for many new companies? 46 • Yes, due to implied authority. • No, Rashid is not liable. • Yes, due to express authority. • Yes, due to apparent authority. Because, although they are more complicated to manage than corporations, they provide greater protection from risk • Because it is a relatively simple way of establishing and operating a business while limiting the risk taken by its members • Because lenders are particularly willing to lend money to LLCs, since they are a very stable type of business • Because neither LLCs nor their members must pay taxes on earnings CONCEPT Limited Liability Entities 19 Jenna has been employed as Rashid's personal assistant for five years. Her job description is vague, but she helps him with many aspects of his day to day life. Jenna knows he likes art, so every year she attends a local art auction and purchases a painting on Rashid's behalf. This year, she buys a painting that is twice as expensive as usual. Is Rashid responsible for the full price of the painting? CONCEPT Principal's Contract Liability 20 47 tangible public property • • A government plane is . 50 State laws cannot conflict with federal laws or with the U.S. Constitution. • The U.S. Constitution gives the federal government jurisdiction over any areas that state constitutions do not expressly reserve to themselves. • State laws must always be respected by the U.S. Congress. • The U.S. Constitution protects individual rights, whereas state constitutions do not. • Strong, because the alternative materials used by his friends were much safer. • Weak, because proximate cause is difficult to prove in the absence of other, similarly- affected individuals. • CONCEPT Types of Agents 23 Which statement accurately characterizes the constitutional relationship between the states and the federal government? CONCEPT U.S. Constitution as a Source of Law 24 A 60-year-old man develops lung cancer, and sues the manufacturer of an asbestos-containing material. The man worked in construction for 45 years, and often used the asbestos-containing material in building projects. He believes that the asbestos-containing material was unreasonably unsafe, because friends of his in the construction trade who used alternative materials did not develop lung cancer. How strong is the negligence case against the product manufacturer? • Subagent 51 • A possessor must occupy real property at the owner's invitation in order to qualify for adverse possession. • Adverse possession is a common method of acquiring real property because its requirements are easily met. • Adverse possession is more difficult to attain if the possessor's possession is openly visible to others. • A possessor may acquire real property through adverse possession only if his or her possession has been continuous. • Weak, because the manufacturer can claim preemption. • Strong, because the manufacturer failed to warn users of the potential dangers of asbestos. CONCEPT Negligent Products Liability 25 Select the true statement regarding adverse possession of real property. CONCEPT Real Property: Methods of Acquisition