Legal Business 100 Management and the legal environment chapter 11 and 15

Please hi light the correct answersQuestion 1A ______ is used in conjunction with services.Answer  certification mark trademark service mark trade nameQuestion 2 Mandy purchased a business law book and used it during her business law class.  She later loaned the book to Steven, and then to Christen.  Another student accused her of copyright violation and threatened to report her to the book publisher and also to her school’s ethics board.  Did Mandy violate the copyright laws?Answer  Yes. No, because her loans would be covered by the fair use doctrine. No, because her loans would be covered under the first sale doctrine. No, because her loans would be covered under the equivalency doctrineQuestion 3 Which of the following are defenses to patent-infringement claims?Answer  noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement noninfringement, invalidity of the patent, fair use, and innocent infringement noninfringement, fair use, misuse of the patent, and innocent infringement Fair use, misuse of the patent, innocent infringement, and illegality of the patentQuestion 4 A _________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.Answer  arbitrary suggestive descriptive fanciful      Question 5 An example of a fanciful trademark isAnswer  Kodak Shell Tide CamelQuestion 6 A _________ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.Answer  arbitrary suggestive descriptive fancifulQuestion 7 The term _____ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers, rather than to manufacture a patented product or supply a patented service.Answer  patent troll illegal user patent hoarder patent stasherQuestion 8 The practice of _________ occurs when an individual registers a famous trademark as an Internet domain name and then offer to sell the domain name to the trademark owner for a ransom.Answer  Internet trademark abuse domain misuse domain / trademark harassment cybersquattingQuestion 9 A design dictated by function may be protected by a(n) ________ patent.Answer  equivalents design utility useful articlesQuestion 10 Which of the following is an example of an arbitrary trademark?Answer  Camel Kodak Exxon CloroxQuestion 11 When can a corporate officer be held civilly liable under the Clean Water Act?Answer  Corporate officers are strictly liable whenever a violation by their company is established. Only if the corporate officer specifically ordered the unlawful discharge. If the corporate officer had the authority to exercise control over the activity that caused the unlawful discharge or if the officer knowingly violated the act. Corporate officers may never be held liable in an individual capacity.Question 12 What was the result in Pakootas v. Teck Cominco Metals, Ltd., the case in the text in which the plaintiffs sued the defendant, a Canadian corporation, regarding an order under CERCLA pertaining to its contamination of water in Canada that reached the U.S.?Answer  The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the jurisdiction of a U.S. court. The court ruled that subject matter jurisdiction did not exist. The court ruled that the defendant was subject to jurisdiction in the U.S. court. The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the jurisdiction of a U.S. court and that subject matter jurisdiction did not exist.Question 13 The _______ occurs when individuals exploit a limited shared resource and contribute to its depletion knowing that there will be a detrimental impact in the long term.Answer  impact on the masses destructive resources impact tragedy of the commons absolute negativeQuestion 14 Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly operated by a subsidiary?Answer  As an owner of a subsidiary whose corporate veil has been pierced As an operator of the facility Both as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facility Under no circumstances may a parent corporation be held liableQuestion 15 The Clean Air Act does not require which of the following?Answer  That the EPA must establish national ambient air quality standards. That every state must meet their individual air quality standards. That air quality in areas that already meet national standards cannot deteriorate. That the EPA must preserve natural visibility in the wilderness areas.Question 16 Which of the following was the result in New Jersey v. EPA, the case in the text involving whether the EPA violated the clean Air Act when it delisted electric utility steam generating units from the list of sources of mercury pollution listed in the Clean Air Act and instituted a cap-and-trade system whereby plants emitting more than their allotments of mercury could buy credits from other plants?Answer  The court upheld both the delisting and the cap-and-trade provision. The court upheld the delisting provision but invalidatedand the cap-and-trade provision. The court invalidated the delisting provision but upheld and the cap-and-trade provision. The court invalidated both the delisting and the cap-and-trade provision.Question 17 What does the Superfund Recycling Equity Act do?Answer  It exempts recyclers from liability in private-party actions under CERCLA. It exempts recyclers from suits brought by the state or federal government. It provides a 10% federal rebate for recycling expenses incurred by corporations engaged in recycling activities. It provides a 5% federal rebate for recycling expenses incurred by corporations engaged in recycling activitieQuestion 18 Abandoned or historically polluted sites are governed by the _______ whereas the _______ covers current and future hazardous waste treatment facilities.Answer  Comprehensive Environmental Response, Compensation, and Liability Act; National Pollutant Discharge Elimination System Resource Conservation and Recovery Act; National Pollutant Discharge Elimination System Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and Liability Act Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery ActQuestion 19 Which of the following is currently the world’s top carbon polluter?Answer  Brazil India The U.S. ChinaQuestion 20 Most environmental laws are administered by theAnswer  Council on Environmental Quality Environmental Protection Agency National Environmental Policy Commission Resource Conservation and Recovery Agenc