Deck 10: Intellectual and Personal Property Including Motor Vehicles

Question 1

A law that holds parents liable for the torts of their children committed while they are driving a motor vehicle is an exception to the rule that parents are not generally liable for the torts of their children.​

Answer 1

True

Question 2

A common carrier may not limit its dollar liability for luggage lost through its negligence.​

Answer 2

False

Question 3

A bailment is a sale of real property.​

Answer 3

False

Question 4

Financial responsibility laws require that drivers involved in accidents either have a prescribed minimum amount of personal liability and property damage insurance, or prove that they can pay damages up to a certain amount, if found liable for an accident.​

Question 5

Ownership of personal property can be acquired only by purchase.​

Question 6

A warranty of title is generally implied in any and all sales contracts.

Question 7

If you are involved in an automobile accident while driving a rented car, you have no responsibility to the rental company if the driver of the other automobile caused the accident.​

Question 8

A salesperson's opinion that a vehicle is "the best new vehicle to be introduced in forty years," if untrue, would be fraud.​

Question 9

The plaintiff who sues a negligent driver is legally limited in his judgment and recovery by the amount of public liability and property damage insurance that the defendant carries.​

Question 10

One is legally required to stop along public highways and to assist persons who appear to have car trouble or who are apparently victims of an accident.​

Question 11

The implied warranty of merchantability arises only in the sale of a new automobile.​

Question 12

It is presumptively negligent for anyone to drive within one hour after drinking more than two liquid ounces of alcohol in any beverage.​

Question 13

Only a few states have passed automobile lemon laws.​

Question 14

Legal permission to be licensed to drive a motor vehicle on public highways is a privilege, not a basic constitutional right.

Question 15

The automobile has been responsible for more deaths and injuries of Americans than all the wars fought by the United States.​

Question 16

All attempts by a merchant to disclaim a warranty are unconscionable.​

Question 17

It is common for an implied warranty of merchantability to be limited as to its duration by language included as part of an express warranty in the sale of an automobile.​

Question 18

The parol evidence rule holds that when persons have signed a contract as their final and complete expression of intention (integrated contracts), then neither party may introduce in court any evidence of prior or contemporaneous oral or written material that adds to or modifies that written contract.​

Question 19

Most fatal automobile accidents involve excessive drinking of alcoholic beverages or ingestion of drugs by the responsible party.​

Question 20

A disclaimer is a specific statement indicating a particular warranty does not exist, or limiting the warranty as to nature or duration.​

Question 21

The very essence of a gift is transferring ownership in something to someone else without expecting anything in return.​

Question 22

A VIN or vehicle identification number is useful because​

A)it allows for satellite recovery of stolen vehicles.
B)a private registry allows for access to information such as whether a car was totaled in a collision or in a immersed flood.
C)It provides the basis of sales tax.
D)It can be used as an easy way to remember your computer password.

Question 23

Statutes designed to assist the buyer of seriously defective goods to obtain a replacement or full refund are called nuisance statutes.​

Question 24

In a bailment ownership is transferred to the bailee at the end of the term.​

Question 25

The name of the type insurance that protects against the risk of loss from damages to one's own automobile in a collision regardless of who is at fault is uninsured-motorist insurance.​

Question 26

Copyright law protects original works of authorship that are fixed in a tangible form of expression.​

Question 27

You discover personal property that is not yours. Which legal classification of the discovered property is most likely to allow you to be the new owner?​

A)lost
B)mislaid
C)stolen
D)abandoned

Question 28

Property discarded by the true owner, who has no intention reclaiming the property, is abandoned property.​

Question 29

A promise to make a gift is generally unenforceable.​

Question 30

It is up to the holder of a trademark to bring a lawsuit to protect the right of exclusion and the holder's business interest in the mark.​

Question 31

A training manual that described in detailed teaching techniques for sailing could be patented but not copyrighted.​

Question 32

The implied warranty of merchantability arises only in the sale by a merchant..

Question 33

A law in some states holds that the owner of a motor vehicle is vicariously responsible whenever a member of his or her immediate family or household drives and a third party is injured because of the negligence of the driver.​

Question 34

To be protected and registered, trademarks cannot be a generic description of the product.​

Question 35

Automobile recalls​

A)are administered by the National Highway Traffic Safety Commission.
B)may be mandated.
C)may be voluntary.
D)all of the above

Question 36

The purpose of a secured transaction is to provide the creditor a security interest in personal property that will give that holder a right against the property rather than be a general creditor if the obligation owed is not paid.​

Question 37

Property that is voluntarily left and but forgotten is mislaid property.​

Question 38

Ruby developed a new Customer Management Relationship software which can link a hotel's reservation system database to its client list and their preferences. She should not seek to protect her intellectual property under patent or copyright law because the district attorney will prosecute anyone who tries to steal her design.​

Question 39

The Magnuson-Moss Warranty Act​

A)abolishes the application of the UCC in consumer's sales transactions.
B)applies only to implied warranties.
C)created the term "Lemon Laws."
D)specifies what must be included in any warranty called a full warranty.

Question 40

The author who creates the copyrighted work owns the copyright.​

Question 41

The subject of product liability (that is, the grounds upon which a manufacturer may be liable to an ultimate consumer) is essentially made up of​

A)statutory liability, common-law liability, and liability imposed by administrative agencies.
B)any theory a trial judge happens to like on a given day.
C)sales law, contract law, and agency law.
D)tort (negligence)liability, warranty liability, and strict liability.

Question 42

The statement, "Faldo is the registered owner of the automobile while Sally is the legal owner" probably means​

A)Faldo bought the vehicle on credit from Sally.
B)Sally bought the vehicle on credit from Faldo.
C)Faldo and Sally are married.
D)Either Faldo or Sally is leasing the automobile.

Question 43

A certificate of ownership of an automobile will usually provide spaces for names of a registered owner and a legal owner. Which of the following statements is true?​

A)A registered owner is usually a lender.
B)An equitable owner, who is purchasing the automobile on credit, is also the legal owner.
C)A purchaser-borrower is the registered owner.
D)none of the above

Question 44

Although a motor vehicle is personal property, many laws treat it somewhat differently than other personal property. Which of the following statements is true?​

A)Automobiles are not subject to each state's version of the Uniform Commercial Code law of sales.
B)Automobiles can be sold, but cannot be bailed (i.e., be the subject of a bailment contract).
C)Any sales contracts involving automobiles, new or used, must be in writing.
D)Automobile ownership must generally be registered with the state.

Question 45

An insured person has a 15-30-5 Personal Liability and Property Damage automobile insurance policy. How much will the insurance company pay as a combined maximum if the insured has an automobile accident in which one or more third parties suffer personal injury (or death) and property damage?​

A)$35,000
B)$50,000
C)$20,000
D)$45,000

Question 46

You are about to drive an automobile in a foreign country. Which of the following is a true statement?​

A)Your automobile insurance may be invalid for driving in that foreign country.
B)If you have valid automobile insurance in the United States it also provides similar protection in any foreign country.
C)Your driver's license entitles you to drive legally anywhere in the world.
D)Your driver's license entitles you to drive legally anywhere in the world.

Question 47

In most states there is a presumption of intoxication if one drives while she or he has a blood alcohol content of​

A)0)01 to 0.02%.
B)1)00%.
C)0)08
D)any amount. (Total blood alcohol content is irrelevant, because a person is deemed to be driving under the influence if he or she had consumed any intoxicating drink within one hour of driving.)

Question 48

Marge Henderson was very unhappy when she took her six-month-old "Puma" automobile back to Maximum Deal Auto, the dealership where she purchased the auto. It was the sixth time she had returned the car to get the seller to fix a stalling condition that plagued the vehicle. This time the engine stalled while she was driving on a freeway and she nearly had an accident. Which of the following is true?​

A)If the state where she purchased the car has a "lemon law," and she complies with its requirements, she may be able to receive a full refund of the price she paid for the car.
B)As this will be the sixth time the dealership has repaired the car for the same continuing problem, her written auto warranty no longer covers the repairs and she will be required to pay for the labor and any parts replaced.
C)If the stalling of the automobile engine is caused by a defective part from a supplier vendor, neither the Puma manufacturer nor Maximum Deal Auto is legally responsible.
D)all of the above

Question 49

Guy Yamoto, who was certified in first-aid techniques, observed an accident scene as he was driving to work. Although no one was offering help at the accident site, it did not appear to Guy that the accident was very serious and so he drove on. He later learned that a person died who probably could have been saved easily through proper application of first aid. If the heirs of the deceased discovered that Guy had passed the scene without offering to help, then they would​

A)not have a cause of action, because the law generally does not require that a person not a party to an accident volunteer to render aid.
B)have a cause of action only if the state had a so-called "Good Samaritan" statute.
C)have a cause of action because Guy was certified in first-aid techniques.
D)none of the above

Question 50

Example(s) of implied warranty is (are)

A)warranty of title.
B)warranty of merchantability.
C)both of the above
D)none of the above

Question 51

The versions of mandatory no-fault automobile insurance currently in effect in most states with such laws​

A)reduce the number of automobile accidents.
B)reduce the number of claims for damages resulting from automobile accidents.
C)pay damages suffered of specified kinds up to specified limits without regard to fault and without litigation.
D)pay full damages to both parties regardless of fault and without litigation.

Question 52

A contract that is pre-prepared and offered to persons on a "sign-it-or-don't" basis is commonly known as a(n)

A)usurious contract.
B)illegal restraint of trade.
C)exculpatory clause.
D)adhesion contract.

Question 53

The statement, "William's legal rights will be affected by the parol evidence rule," could mean that​

A)too much time passed between the time the legal right came into existence and the time William sued.
B)a written contract exists and its terms conflict with oral statements made by the dealer or sales person before the contract was signed.
C)William did not notify a manufacturer of a defective product before he filed his lawsuit.
D)state law provides that a volunteer who assists another in peril is not liable in tort unless he or she was grossly negligent.

Question 54

In the event a negligent driver is liable for a judgment of $100,000, but has only $25,000 of coverage under applicable insurance he or she owns, the balance of $75,000 must be paid by the​

A)the negligent driver.
B)the state uninsured drivers fund.
C)must be paid by the vehicle's registered owner if a commercial lender..
D)the drivers insurance company.

Question 55

When a car is sold on credit, what legal status does the creditor generally have with reference to the automobile? ​

A)The creditor retains legal title and thus holds a security interest in the vehicle, until it is paid for in full.
B)The creditor is secondarily responsible to third parties injured by the driver of the vehicle.
C)The creditor is obliged to carry collision and comprehensive automobile insurance on the vehicle to protect the security interest.
D)all of the above

Question 56

Which of the following is a correct statement concerning parents and their minor drivers of automobiles? ​ ​

A)In many states a parent must sign a minor's application to get a driver's license.
B)Parents are often made liable by statute for the injuries caused by negligence of their minor children while driving an automobile.
C)both of the above
D)none of the above

Question 57

Lisa owned a 2003 Toyota 4-Runner. In which of the following situations would she not be liable for an accident when someone else is driving her 4-Runner?​

A)Lisa asks Carla, her daughter, to go the store. While driving to the store Carla negligently hits another car.
B)Lisa leaves the key to the 4-Runner in the ignition and a stranger, Mary Lou, steals the truck. While driving away, Mary Lou is involved in a collision.
C)Lisa allows her 13-year-old niece, Pauline, to drive the truck out of the driveway. Pauline hits the city recycling collection truck.
D)Lisa allows a friend, Mark, to drive the truck. She forgot about the faulty brakes that she had intended to have fixed. As a result, Mark failed to stop at the stop sign at the first intersection on his way from the house and hit another car.

Question 58

What does this sentence mean? "Their fungible goods became confused."​

A)Identical property of two or more persons was mixed together in way that they became indistinguishable.
B)The trained dog became puzzled.
C)A merchant seller breached a specified duty to a non-merchant buyer.
D)Several warranties that are usually provided in the sale of goods by a merchant are not available in a specific transaction because the time involved was insufficient to allow for any recovery of injury proximately caused by a breach of duty.

Question 59

Jill and Felicenne were in an automobile collision causing severe damages to each auto and minor injury to Jill.​

A)A financial responsibility law would require that each provide proof of automobile insurance or a sufficient bond.
B)If Felicenne is found to have an expired driver's license, she will be determined to be the driver at fault.
C)Liability is determined by the state "Lemon Law."
D)If Jill has a full warranty under the Magnum-Mossy Act, then her auto dealer will be required to fix her car regardless of fault.

Question 60

In a bailment relationship, all of the statements below are true except ​

A)the bailee has ownership of the bailed personal property.
B)consideration is not necessary to form the relationship.
C)the bailee has a right of temporary possession of the bailed property.
D)property is to be returned to the bailor or one to whom the bailee has been instructed by the bailor to deliver the property.

Question 61

The warranty of ____________ is a promise to the buyer that the seller possesses a good claim to ownership of the motor vehicle and is transferring it to the buyer.​

Question 62

The financial responsibility requirement in motor vehicle laws is usually met by purchase of a minimum amount of​

Question 63

In order to establish an implied warranty of merchantability Leavitt must prove.

A)He told the Monaco Coach Corporation about his intended use.
B)Monaco Coach Corporation is a merchant.
C)The Motor Coach he purchased cannot maintain 50 miles an hour at elevations of 10,000 feet above sea level.
D)The Motor Coach purchased was new not used.

Question 64

Based on the facts above and assuming it can be proven, the best theory for the plaintiff and thus the most damaging for the defendant in this lawsuit would probably be: ​ ​

A)negligence
B)implied warranty of merchantability
C)strict liability
D)implied warranty of fitness for particular purpose.

Question 65

Copyright ownership allows the owner to​

A)make copies of the work
B)distribute copies of the work
C)perform the work publicly (such as for plays, film, or music)
D)display the work publicly
E)All of the above

Question 66

Instead of suing for that tort, how else could Paris legally protect her signature phrase? ​ ​

A)Copyright it, and license its use to Hallmark for a fee
B)Trademark it and license its use to Hallmark for a fee
C)Patent it and license its use for a fee
D)All of the above

Question 67

A contract drafted by a dominant party and then presented to the other party-the adhering party-
on a "take it or leave it" basis is called a(n) __________________ contract.​

Question 68

Hallmark sold birthday cards with a cartoon of a waitress serving a plate of food to a patron. A photo of Paris Hilton's face was pasted on the cartoon's body.  Hilton tells the customer, " Don't touch that, it's hot." The customer asks, "What's hot?" Hilton responds, "That's hot." The inside of the card reads "Have a smokin' hot birthday." Hilton sued, alleging that Hallmark was selling the birthday cards without her permission and ripped off her appearance as a waitress in an episode of her reality television show "The Simple Life."  For what tort should she sue? ​

A)Commercial appropriation
B)Intrusion into seclusion
C)Defamation
D)Public Disclosure of private facts

Question 69

Which of the following would be a violation for a protected trademark's status?​

A)Using the phrase "Just Do it" for an ad campaign for recycling
B)Using the iconic McDonald's golden arches for a Hot Dog stand in Manhattan
C)Using the slogan "this Bud's for you" to sell roses
D)All of the above
E)None of the above

Question 70

An example of a bailment contract is​

A)personal service contract between a consumer and a merchant to drive a car.
B)contract to buy a computer server for a large company or University,
C)storage of grain in a common storage facility.
D)contract to install a roof on an existing home to replace a worn out roof..

Question 71

Of the choices below, the best preventive law strategy for the dealer in selling new Motor Homes would be;​

A)An express warranty in small print that clearly states it is limited to guarantees provided within the four corners of the warranty,
B)Trained personnel who would accommodate the needs of the customer with the proper products at the dealership.
C)A contract with a service company that delegates responsibility for warranty work to another.
D)To sell the goods as is.

Question 72

Which of the following elements is not required to prove the liability of a driver for negligence in an automobile accident? ​ ​

A)a legal duty to exercise reasonable care under the circumstances
B)circumstances in which a hazard is enhanced by foul weather, high speed, or other conditions
C)breach of the specified duty
D)injury proximately caused by the breach of duty

Question 73

A gift is different from a bailment because:​

A)a gift requires delivery, but a bailment does not.
B)in a gift, both possession and ownership is transferred whereas in a bailment only possession is transferred
C)a gift is always a contract, but a bailment is generally not a contract.
D)a gift requires consideration, but a bailment does not.

Question 74

A brewer identified its beers with the words "Honey Brown." Beer can be either lager or ale. Brown ale is brewed with the addition of honey. If the brewer's beer is brown ale, would the phrase "Honey Brown" constitute a trademark? ​

A)No, because the phrase is generic since those words describe any beer in the traditional category of "brown ale."
B)Yes, because the phrase is descriptive and there is no indication of a secondary meaning.
C)No, because the phrase is fanciful.
D)No, because the phrase is arbitrary.

Question 75

If legal rule creates a presumption then it is a(n):​

A)assumption that is made in the law that will stand as a fact unless someone comes forward to contest it and prove otherwise.
B)method of questioning by attorneys for each side and/or the trial judge about a prospective juror's background, life experiences, and opinions to determine whether they can weigh the evidence to be produced in a trial fairly and objectively
C)written order requiring a person to appear in court at a specific date to give testimony
D)Plaintiff's argument about the quality of evidence, usually exaggerated; but not considered fraud.

Question 76

In order to establish an implied warranty of fitness for particular purpose Leavitt must prove.​

A)He told the Monaco Coach Corporation about his intended use.
B)Monaco Coach Corporation is a merchant.
C)The Motor Coach he purchased cannot maintain 50 miles an hour at elevations of 10,000 feet above sea level.
D)The Motor Coach purchased was new not used.

Question 77

Which of the following would NOT be subject to being copyrighted?​

A)Mickey Mouse cartoon character
B)James Bond, Secret Agent 007
C)Einstein's E = mc ²
D)A photo of the Grand Canyon

Question 78

Which statement about bailment is false?​

A)valet parking is usually a bailment.
B)self parking is usually not a bailment.
C)a bailment contract must be an expressed contract.
D)a bailment must involve personal property.

Question 79

Knowing only that his brakes had failed in town instead of overheating in the mountains would change Leavitt's claim ​ ​

A)from strict liability in tort to negligence.
B)from a claim on implied warranty of merchantability to implied warranty of fitness for particular purpose.
C)negligence to strict liability in tort.
D)from a claim on implied warranty of fitness for particular purpose to one of implied warranty of merchantability.

Question 80

The following statement: "This warranty is in lieu of and excludes all other warranties, express or implied, including the warranty of merchantability," is an attempted _________________ .​