Study Guide Test 2

The test will be 35 MC. No essay or short answers and no T/F questions.

I would study my class notes first. I test you on what I think is important and I lecture on what I believe is important.

Next, I would study my vocab and concepts from the textbook reading. I do not cover every vocab term and concept in the lecture because we have limited time. I assume you can read your textbook and understand the remaining vocab and concepts. You should also have a general familiarity with the cases covered in your book. I would suggest knowing the facts, the outcome of the case and the relevance to the subject matter it follows in the book.

Of equal importance to your notes and reading will be the practice exams located in Blackboard. This practice exam will help you determine what questions will be like on the exam itself. The practice exam might also inform you of areas in which your comprehension is lacking. The practice exam will have some overlap with the actual exam. However, there might be topics on the actual exam that are not on the practice exam. Therefore, study your notes and your vocabulary from the book.

There are also questions at the end of your chapter which you can answer for practice. If you complete these questions, you can come to my office and I will check them. I suggest attempting the odd numbered essay questions at the end of each chapter.

Finally, I have created practice quizzes for each chapter represented on the test. If you find any errors or inconsistencies in the practice questions, copy them in an email and send to me so I can fix them if necessary.

If I were a student I would start one week before the exam with my studies. I would then study one chapter a day until test day.

This is a study guide. It is meant as a study tool. Students are responsible for all assigned reading as well as all matters discussed in class. The study guides lists major areas of focus and does not detail every legal issue found in the text. Simply knowing what is listed on the study guide will not guarantee a student knows everything that may be necessary for the exam. Here are the important topics from each chapter (this is not an all-inclusive list but a starting point):

Chapter 4

*Keep in mind you must know the definition of each of the following:

-Negligence test

  • Defendant owed Plaintiff a duty of care
  • Defendant breached that duty
  • Injury resulted
  • Breach was factual and legal (proximate cause) of the injury

-Negligence issues such as reasonable person standard, duty of professionals, and business invitees are very important

-Assumption of Risk

-Superseding Cause

-Contributory Negligence

-Comparative Negligence

-Res Ipsa Loquitur

-Negligence Per Se

-Dram Shop Act

-Strict Liability

  • Dangerous activities
  • Product liability

-Assault / Battery

  • Definitions
  • Defenses

-False Imprisonment

  • Definition
  • Defenses

-Defamation

  • Libel
  • Slander
  • Slander per se
  • Privileged Speech and Public Figures (Absolute and Conditional Privilege)
  • Defenses

-Invasion of Privacy - definition

-Appropriation

  • Definition
  • Allows celebrities to recover

-Intentional Infliction of Emotional Distress

-Wrongful Termination (just know what book tells you)

-Trespass

  • Real property
  • Definition
  • defenses
  • Personal property
  • Conversion
  • Artisan’s lien

-Fraud

-Interference with a contractual relationship

-Interference with a prospective business relationship

-Slander of Quality and Title

-Types of damages

  • Compensatory
  • Special damages
  • General damages
  • Nominal damages
  • Punitive damages
  • Liquidated Damages
  • Cases: facts, court’s ruling and relevance to class material

Chapter 5

  1. Review the sanctions and goals of criminal law
  2. Need to know the burden of proof in criminal cases vs that of civil cases
  3. Need to know the difference between actus reus and mens rea
  4. Model Penal Code levels of intent
  5. Understand what a strict liability crime is
  6. Can corporations be criminally liable?
  7. Actual authority
  8. Apparent authority
  9. Responsible Corporate Office doctrine
  10. Lesser included offenses (what does this mean?)
  11. Need to know the basic difference between a felony, misdemeanor and a petty offense
  12. Need to know the exact definitions of the following crimes
  13. Embezzlement
  14. Theft of trade secrets
  15. Bribery of a public official
  16. Larceny
  17. Burglary
  18. Robbery
  19. Arson
  20. Obtaining Goods by False Pretenses
  21. Forgery
  22. Receiving Stolen Goods
  23. Need to have a basic familiarity with other crimes discussed in the chapter such as
  24. insider trading,
  25. RICO violations,
  26. Mail and Wire Fraud,
  27. Ponzi schemes
  28. Bankruptcy Fraud
  29. Extortion
  30. Money laundering
  31. Credit Card Fraud
  32. Identity Theft
  33. Cybercrime
  34. Cyber hacking
  35. Phishing
  36. Need to know the defenses:
  37. Justifiable use of force
  38. Mistake
  39. Necessity/duress
  40. Insanity
  41. Entrapment
  42. Need to know the exclusionary rule.
  43. Review the chart which has the summery of Constitutional Safeguards
  44. Focus on the 4th, 5th and 6th amendments
  45. Need to know the Miranda Rule and any exceptions given by the book.
  46. Need to know when the police need to obtain a search warrant and exceptions given by the book
  47. The criminal process (steps in a criminal case)

Chapter 6

  1. What is the definition of intangible property?
  2. How is the intellectual property law protected at the International level, federal level and state levels?
  3. TRIPS
  4. WIPO
  5. Patents
  6. What is a patent?
  7. What can be patented? Stated another way, what is patent eligible subject matter?
  8. What rights does a patent holder have?
  9. What is infringement?
  10. What is the USPTO?
  11. What is prior art?
  12. What is a continuous application? How is it different from a provisional patent application?
  13. How is a utility patent different from a design patent? A plant patent?
  14. International protections of patents
  15. Patent Cooperation Treaty
  16. World Intellectual Property Organization
  17. Federal Law
  18. American Invents Act
  19. Infringement
  20. Defenses
  21. First sale doctrine
  22. Prior art
  23. Damages
  24. Copyrights
  25. What can be copyrighted?
  26. Length of Protection?
  27. Idea-expression dichotomy
  28. Infringement
  29. Vicarious infringement
  30. Contributory infringement
  31. Defenses
  32. Fair use factors
  33. Innocent infringement
  34. Can software be copyrighted?
  35. What does the Digital Millennium Copyright Act provide? Which countries follow it?
  36. Trademarks
  37. Distinguish between a trademark, service mark, tradename, tradedress and collective mark
  38. How is trademark infringement different from trademark dilution?
  39. What are the advantages of trademark registration?
  40. What is the Madrid Protocol? How does it protect trademarks?
  41. Distinguish between a fanciful mark, arbitrary mark and suggestive mark
  42. What is the significance of a generic mark?
  43. Remedies for trademark infringement
  44. What is cybersquatting?
  45. Trade Secrets
  46. What is a trade secret?
  47. What are the advantages protecting IP as a trade secret as opposed to filing a patent?