LEG/500 Final Exam 2. 25/25. Get an A++.

Question 1

According to law professor Thomas Joo, the best group of persons for addressing the environmental concerns facing the world today is:

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Question 2

When environmentalists recognized that politicians were not going to pass stricter legislation and regulations, they changed their tactics to force change. According to the Layzer article in the chapter, these new tactics included:
I. Eco-terrorism – bombing pipelines and factories.
II. Collaboration with businesses – create partnerships to improve environmental impacts.
III. Public relations campaigns – go public with their accusations and encourage consumers to demand change.
IV. Work internally through shareholders to try to change corporate disclosures

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Question 3

Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions.

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Question 4

The power of the U.S. Government to take property from a private individual and use it for public purposes is:

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Question 5

Shareholder activism includes which of the following?

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Question 6

Which piece of legislation was passed first?

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Question 7

According to MIT professor Layzer, the lobbyists for the energy corporations have used which of the following tactics to avoid stricter regulation?
I. Portray the science of global warming as uncertain and debatable
II. Focus on the financial costs of regulation
III. Provide Senators and Representatives with financial incentives to vote against regulation
IV. Portray the environmentalists as extremists and a vocal minority.

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Question 8

Obesity in children has continued to rise since 1976 and approximately _____ of all teens and youth are overweight.

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Question 9

According to John Kenneth Galbraith, the theory of consumer demand is based on the following broad assumption(s):
I. Socialism will work in all societies because consumers are willing to share their wealth.
II. The urgency of wants does not diminish as more of them are satisfied.
III. Wants originate in the personality of the consumer.

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Question 10

The “creative revolution” in advertising refers to

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Question 11

Of product promotion techniques, which is the most influential according to author Naomi Klein?

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Question 12

Identify the true statement(s) regarding freedom of speech:
I. It was not until the 1840s that legal doctrines protecting speech when offensive began to be recognized by the courts.
II. In the First National Bank v. Bellotti case, the Supreme Court struck down a state law prohibiting a corporation to advertise to influence voters on issues that did not “materially affect” its business.
III. In the Virginia Board case, the U.S. Supreme Court failed to link the “right to receive information and ideas” with the traditional values that underlie free speech.
IV. The Prescription Information Law expressly allows the transmission or use of both patient-identifiable data and prescriber-identifiable data for certain commercial purposes.

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Question 13

The most notable exception to caveat emptor was for

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Question 14

0 out of 4 points

According to Stephen Sugarman, performance-based regulation is:

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Question 15

According to the plaintiff’s attorney, the primary tactic defense attorneys use to minimize liability is:

I.

Hire the best defense firms to make the plaintiffs look like liars

II.

Pursue illegal means to get plaintiffs to drop their cases

III.

Use the system to make the case too expensive for plaintiffs to pursue their cases

IV.

Push plaintiffs into class action suits to force the case to be heard only one time.

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Question 16

The Ford Pinto exploded when rear-ended by another vehicle. Of the types of defects a product may have, the Pinto suffered from

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Question 17

4 out of 4 points

The term caveat emptor means:

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Question 18

To win a case in negligence, a plaintiff must prove all but

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Question 19

4 out of 4 points

The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are

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Question 20

In a lawsuit for copyright infringement, a defendant can avoid liability by successfully arguing _________, based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

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Question 21

The difference between the Project Gutenberg (PG) and the Google book scanning project is:

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Question 22

In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is

I.

Not obvious

II.

Unique

III.

Useful

IV.

Not a modification of any prior patents

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Question 23

Nike’s swoosh, McDonald’s arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them?

I.

Lanham Trademark Act of 1946

II.

Federal Trademark Dilution Act of 1995

III.

Sonny Bono Act of 1998

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Question 24

Debora Halbert asserts in her essay that:

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Question 25

If an author owns a copyright to a non-fiction essay, then publishes that essay in an anthology of similar essays published by a major publishing company, the rights involved in this relationship would be referred to as ______.