LEG 500 part 2 final exam

Concerns over national security and the environment led congress to pass which items?Answer  A requirement that the FBI and Pentagon conduct a national intelligence estimate on global warming and climate change A requirement that the CIA and Pentagon conduct a national intelligence estimate on global warming and climate change A requirement that the CIA and NSA conduct a national intelligence estimate on global warming and climate change. A requirement that the CIA and FBI conduct a national intelligence estimate on global warming and climate change.A Tradeable permit planAnswer  Allows companies to purchase carbon credits. Allows companies to purchase an allowance of sulfur dioxide emissions. Allows companies to purchase permits to ignore EPA regulations. Allows companies to purchase locations in which to dispose of toxic waste.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 disclosuresAnswer  I and II II and III III and IV II, III and IV.Eminent domain permits the “taking” of private property by the government under the following circumstances.Answer  When there is valid “public use” for the property and the government pays the property owner “just compensation”. When there is either a valid “public use” or “private use” for the property. When there is a valid “public use” for the property and the government pays fair market value for the property. Only in circumstances where there government has paid fair market value for a piece of property.Shareholders have the ability to promote green initiatives in companies they invest it by?Answer  Requiring that Boards of Directors act in certain specific ways to above massive shareholder selloff. Utilizing the “proxy system” to attempt to promote green initiatives. Utilize shareholder meetings to make demands upon Boards of Directors. Shareholders have no ability to promote green initiatives in companies they invest in.Which of the following are permissible uses of power of eminent domain.Answer  The government taking private property to transfer to a private company for development of a strip mall. The government taking private property to build a highway. The government taking private property to expand an airport. All of the aboveIdentify 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.Answer  I only II only III only I and III________________ is the advertising industries established self-regulation organization.Answer  The National Advertising Board of Governors. The National Advertising Division of the Council of the Better Business Bureau. The National Advertising Division of the Council on Advertising. The National Advertising Division of the Council on Truth in Advertising.Of product promotion techniques, which is the most influential according to author Naomi Klein?Answer  Advertising Marketing Branding Word-of –mouth promotionIn FTC v. Silueta Distributors, Inc. and Stanley Klavir, Judge Armstrong ruledAnswer  That good faith relince on another person’s representation is a valid defense to liability under the FTC Act. The good faith reliance on another person’s representations is not a valid defense to liability under the FTC Act. The good faith reliance on another person’s representations is not an issues in determining liability under the FTC Act. None of the above. In the case of IMS Health, Inc., et. al. v. Kelly Ayotte, Attorney General of New Hampshire, “detailing” a drug is:Answer  The process of researching the effectiveness of a drug for research purposes. The process of promoting a drug by discussing it beneficial uses. The process of obtaining promotional and educational information during in person meetings. The process of obtaining promotional material via anonymous surveys.Obesity in children has continued to rise since 1976 and approximately _____ of all teens and youth are overweight.Answer  one-third two-thirds one-half three-quartersAccording 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 liarsII.Pursue illegal means to get plaintiffs to drop their casesIII.Use the system to make the case too expensive for plaintiffs to pursue their casesIV.Push plaintiffs into class action suits to force the case to be heard only one time.Answer  I II III IVWhich of the following agencies focuses on protecting consumer safety issues.Answer  Food and Drug Administration Consumer Product Safety Commission National Highway Transportation Safety Agency All of the aboveThe court’s ruling in Levin v. Wyeth explains how:Answer  The role of the FDA has expanded over time. The role of the FDA has shrunk over time. The FDA has no role in the day to day product safety issues of drug development. The FDA’s role in drug safety matters should not change at all. The UCC controls contracts that:Answer  Deal with the sale of Goods. Contracts over $500 in value. Contracts between Merchants. All of the above. The most notable exception to caveat emptor was forAnswer  Food Automobiles Clothing ShoesThe main purpose of the American Tort Reform Association is to.Answer  Make tort litigation fairer for companies. Make tort litigation less confusing Restore balance to the civil justice system. Both A and C Both B and CUniversal City Studios, Inc. v. Eric Corley examines which piece of intellectual property legislation.Answer  The Digital Millennium Copyright Act The Sony Bono Copyright Term Extension Act The American Society for Composers and Publishers Act The Compulsory Licensing Scheme and Royalty Payment ActThe fundamental legislation aimed at protectig copyrights isAnswer  The Sony Bono Copyright Term Extension Act The Digital Millenium Copyright Act The Copyright Act of 1831 The American Society for Composers and Publishers ActThe “inducement rule” is vital to understanding if infringement has occurred in what type of intellectual property?Answer  Patent Tradesecret Trademark CopyrightWhich section of the Constitution empowered Congress with the ability to pass Legislation to protect intellectual property rights?Answer  Article 5, Section 2 The Bill of Rights Article 1, Section 8 Article 2, Section 4Misappropriation of trade secrets has been a federal crime sinceAnswer  The passage of the Constitution The passage of the Digital Millennium Copyright Act The Economic Espionage Act of 1996 The Patient Protection and Affordable Care ActIn order to obtain a patent under U.S. Patent Law, an inventor must have an invention that isI.Not obviousII.UniqueIII.UsefulIV.Not a modification of any prior patentsAnswer  I only I and II I, II and III I, II, III and IVOnce the copyright on a work has expired,Answer  The owner can renew it for a new term The work is in the public domain The work becomes the property of the government The work is considered no longer creative