LAW 2001 Federal Trademark Pr

QUESTION 1

  1. Federal trademark protection is provided by which law?

2.5 points

QUESTION 2

  1. Employment discrimination on the basis of age may be prohibited under:

2.5 points

QUESTION 3

  1. Companies are generally:

2.5 points

QUESTION 4

  1. A warranty that comes into existence because of the conduct (like a website photo) of the seller, but not because the terms were stated expressly seller would be called:

2.5 points

QUESTION 5

  1. The defense of Comparative Negligence is available in a case of:

2.5 points

QUESTION 6

  1. The Civil Rights Act:

2.5 points

QUESTION 7

  1. The defense of Assumption of Risk is available in a case of :

2.5 points

QUESTION 8

  1. Employees of the Hefner Concrete Company work long and hard when on road building projects in order to take advantage of good weather and to meet performance bonuses for completion of jobs ahead of schedule. During one week, some of the employees work 55 hours. For the employees who worked 55 hours in one week, Hefner

2.5 points

QUESTION 9

  1. Which of the following theories of product liability would not require proof of foreseeable harm:

2.5 points

QUESTION 10

  1. A disclaimer of a warranty by the seller will not be effective in disclaiming:

2.5 points

QUESTION 11

  1. Strict Products Liabilty requires the following element(s):

2.5 points

QUESTION 12

  1. The following statement is FALSE as to trademarks which are generally protected under Federal Trademark law?

2.5 points

QUESTION 13

  1. A child trespasser on your business premises, is owed:

2.5 points

QUESTION 14

  1. A defendant could be liable for gross negligence if he was found to have acted:

2.5 points

QUESTION 15

  1. One difference between a “Term” employee and an “At Will” employee is:

2.5 points

QUESTION 16

  1. The Fair Labor Standards Act regulates the following:

2.5 points

QUESTION 17

  1. An employer will NOT be liable for sexual harassment if:

2.5 points

QUESTION 18

  1. A product trademark that is identified by a made-up word (one that has no meaning otherwise), is called:

2.5 points

QUESTION 19

  1. To succeed in a strict products liability action, the plaintiff must prove all of the following elements, EXCEPT for which one?

2.5 points

QUESTION 20

  1. Gross Negligence is defined as:

2.5 points

QUESTION 21

  1. Under the Family and Medical Leave Act, an employee can get leave for:
    I. The birth or adoption of a child.
    II. A serious health condition of the employeeâ s sister.
    III. A serious health condition of the employeeâ s wife.
    IV. A serious health condition of the employeeâ s parent
    V. A serious health condition of the employeeâ s boyfriend or girlfriend.

2.5 points

QUESTION 22

  1. A restaurant bouncer (security guard), who is employed by the restaurant, hurt a customer by using too much force to eject them from the premises. The bouncer is liable for the customerâ s injuries. Even though the restaurant did not authorize the bouncerâ s conduct, the restaurant may also be liable under the concept of:

2.5 points

QUESTION 23

  1. Employees are entitled to have their workplace be free from hazards that me cause them harm. The law that regulates workplace safety and safety guidelines is:

2.5 points

QUESTION 24

  1. The Civil Rights Act’s ban on racial discrimination

2.5 points

QUESTION 25

  1. A BFOQ defense:

2.5 points

QUESTION 26

  1. Which of the following theories of product liability would require proof of privity of contract:

2.5 points

QUESTION 27

  1. Assuming the conduct is repetitive and unwelcome, an employer’s sexual harassment liability may arise from:

2.5 points

QUESTION 28

  1. Henri runs a French restaurant. He wants his diners to have an authentic culinary experience. Henri can avoid a claim of national origin discrimination and still screen his waitstaff by requiring that

2.5 points

QUESTION 29

  1. Unemployment benefits would be payable to an employee who:

2.5 points

QUESTION 30

  1. The Implied Warranty of Merchantability would arise in a transaction where:

2.5 points

QUESTION 31

  1. The following is true:

2.5 points

QUESTION 32

  1. In a lawsuit based upon negligence, the following remedies may generally be recoverable:

2.5 points

QUESTION 33

  1. Under the FMLA, an employee would be entitled to:

2.5 points

QUESTION 34

  1. If an employee needs to take 10 weeks of leave for a required surgery and recovery, they would be entitled:

2.5 points

QUESTION 35

  1. Worker’s Compensation:

2.5 points

QUESTION 36

  1. The employment-at-will doctrine means that
    An actor must agree to follow the instructions by the play’s director in order to be cast in a play by William Shakespeare.
    Highly paid workers in the building trades can pass their jobs on to a relative when they die.
    An employer can terminate an employee for any reason as long as the reason is not a violation of public policy or law.
    Government employees lose their constitutional rights when on the job.

2.5 points

QUESTION 37

  1. The following is an example of quid pro quo sexual harassment.

2.5 points

QUESTION 38

  1. A day care center hired a convicted child molester to take care of the children, without doing the required background check. The molester then attacked one of the children and the parents are suing the day care center. The day care center:

2.5 points

QUESTION 39

  1. Social Security can pay a benefit:

2.5 points

QUESTION 40

  1. Under the FLSA, children are protected from:

2.5 points

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