Which international agreement or treaty shifted the main forum for rulemaking for
copyrights from the World Intellectual Property Organization (WIPO) to the World
Trade Organization (WTO)?
a. Berne Convention
b. Universal Copyright Convention
c. Trade Related Aspects of International Property Rights Agreement
d. WIPO Copyright Treaty
Answer:
With a browsewrap agreement, a computer user agrees to the terms of an electronically
displayed agreement by pointing the cursor to a particular location on the screen and
then clicking “I agree.”
a. True
b. False
Answer:
Which of the following is NOT one of the amendments that were used a basis for the
U.S. Supreme Court recognizing a constitutional right to privacy in Griswold v.
Connecticut, 381 U.S. 479, 484 (1965)?
a. First Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Eighth Amendment
Answer:
The fruit-of-the-poisonous-tree doctrine that stems from the exclusionary rule is based
on which provision under the United States Constitution?
a. First Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Eighth Amendment
Answer:
Congress enacted the Privacy Act of 1974 as the first national privacy protection statute
after which political scandal?
a. Teapot Dome Scandal
b. Watergate Affair
c. Iran-Contra Affair
d. Pentagon Papers
Answer:
How many states have enacted reporter’s shield laws to protect journalists from
compulsory disclosure of confidential information.
a. 25
b. 30
c. 35
d. 40
Answer:
Treasury regulations adopted by the Internal Revenue Service (IRS) are codified in Title
26 of the United States Code.
a. True
b. False
Answer:
Sending a communication via a social networking site such as Facebook or Twitter
satisfies the publication requirement in a defamation action.
a. True
b. False
Answer:
What type of contractual provision keeps the remaining provisions of a contract in force
if any portion of that contract is judicially declared void, unenforceable, or
unconstitutional?
a. arbitration
b. indemnity
c. merger
d. severability
Answer:
Which of the following is an example of a derivate work for a novel available as an
e-book?
a. a parody novel written by another author
b. statistics of book sales for the novel and other similar novels
c. a poster of the novel cover
d. all of the above
Answer:
The main distinction between negligent infliction of emotional distress and intentional
infliction of emotional distress is that negligent infliction of emotional distress does not
require a showing of outrageous conduct.
a. True
b. False
Answer:
The acronym “EULA” stands for “End User License Agreement.”
a. True
b. False
Answer:
Business disparagement is also called___________?
a. trade libel
b. commercial disparagement
c. business defamation
d. all of the above
Answer:
Which federal agency is generally responsible for investigating unfair and deceptive
acts or practices with Internet advertising?
a. Federal Bureau of Investigation
b. Federal Trade Commission
c. Consumer Product Safety Commission
d. U.S. Department of Commerce
Answer:
Copyright notice can help defeat defenses based on innocent infringement in a
copyright infringement action.
a. True
b. False
Answer:
Which Founding Father is credited with the famous saying that “in this world nothing
can be said to be certain, except death and taxes”?
a. Benjamin Franklin
b. George Washington
c. Samuel Adams
d. John Hancock
Answer:
Which rule under the Federal Rules of Civil Procedure governs service of process?
a. Rule 3
b. Rule 4
c. Rule 5
d. Rule 6
Answer:
Match the name of the online practice listed in Column 1 to its description in Column 2.
Answer:
The oil industry files a defamation action against the President of the United States for
allegedly defamatory statements made by the President during the president’s official
weekly video address transmitted via the White House website. Which defense would
the President likely assert?
a. Privilege
b. Section 230 of the Communications Decency Act
c. Consent
d. Mistake
Answer:
Companies should encourage using trade names as a verb to increase the popularity of
the brand name.
a. True
b. False
Answer:
Under which fair use defense factor does a court look at the “quality and importance” of
the copyrighted materials used?
a. The purpose and character of the use
b. The nature of the copyrighted work
c. The amount of the work used
d. The economic impact of the use
Answer:
Under what circumstances could a plaintiff recover punitive damages for online
defamation?
a. where the defendant has engaged in outrageous conduct which is malicious, wanton,
reckless, or in willful disregard for another’s rights
b. when the plaintiff has suffered a loss of employment prospects
c. when the plaintiff has suffered a loss of business
d. when the defendant acted negligently
Answer:
In a copyright infringement action, the plaintiff will usually assert fair use.
a. True
b. False
Answer:
A choice of law provision in an online contract may have the heading “Applicable
Law.”
a. True
b. False
Answer:
A court may find that the state’s long arm statute can be used to exercise personal
jurisdiction over a company that maintains a passive website combined with other
business activities.
a. True
b. False
Answer:
Match the type of jurisdiction listed in Column 1 to its description in Column 2.
1
Answer:
The Direct Marketing Association (DMA)’s online privacy principles and information
practice guidance is an example of what type of regulatory framework?
a. self-regulation
b. co-regulation
c. negotiated rulemaking
d. government regulation
Answer:
As a general rule, an e-mail exchange to purchase real estate satisfies the requirements
of the statute of frauds.
a. True
b. False
Answer:
Which is the name of the 2011 case where the U.S. Supreme Court endorsed the
“willful blindness” approach to knowledge for induced infringement?
a. Global-Tech Appliances, Inc. v. SEB S.A.
b. Bilski v. Kappos
c. In re Metke
d. Telemac Cellular Corp. v. Topp Telecom, Inc.
Answer:
A state cannot levy both a state sales tax and a state use tax on the same purchase for
online purchases.
a. True
b. False
Answer:
Parody of a trademark on a website can be a form of protected free speech under which
amendment to the U.S. Constitution?
a. First Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Fourteenth Amendment
Answer:
The growth of the Internet has contributed to a wider tax gap.
a. True
b. False
Answer:
EHR is the acronym for Electronic Health Records.
a. True
b. False
Answer:
The only accepted form of service of process under the Federal Rules of Civil
Procedure is hand-delivered personal service of process.
a. True
b. False
Answer: