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
o Defendant owed Plaintiff a duty of care
o Defendant breached that duty
o Injury resulted
o 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
o Dangerous activities
o Product liability
- Assault / Battery
o Definitions
o Defenses
- False Imprisonment
o Definition
o Defenses
- Defamation
o Libel
o Slander
o Slander per se
o Privileged Speech and Public Figures (Absolute and Conditional Privilege)
o Defenses
- Invasion of Privacy - definition
- Appropriation
o Definition
o Allows celebrities to recover
- Intentional Infliction of Emotional Distress
- Wrongful Termination (just know what book tells you)
- Trespass
o Real property
§ Definition
§ defenses
o Personal property
o Conversion
o Artisan’s lien
- Fraud
- Interference with a contractual relationship
- Interference with a prospective business relationship
- Slander of Quality and Title
- Types of damages
o Compensatory
§ Special damages
§ General damages
o Nominal damages
o Punitive damages
o Liquidated Damages
o Cases: facts, court’s ruling and relevance to class material
Chapter 5
A. Review the sanctions and goals of criminal law
B. Need to know the burden of proof in criminal cases vs that of civil cases
C. Need to know the difference between actus reus and mens rea
- Model Penal Code levels of intent
- Understand what a strict liability crime is
D. Can corporations be criminally liable?
- Actual authority
- Apparent authority
- Responsible Corporate Office doctrine
E. Lesser included offenses (what does this mean?)
F. Need to know the basic difference between a felony, misdemeanor and a petty offense
G. Need to know the exact definitions of the following crimes
- Embezzlement
- Theft of trade secrets
- Bribery of a public official
- Larceny
- Burglary
- Robbery
- Arson
- Obtaining Goods by False Pretenses
- Forgery
- Receiving Stolen Goods
H. Need to have a basic familiarity with other crimes discussed in the chapter such as
- insider trading,
- RICO violations,
- Mail and Wire Fraud,
- Ponzi schemes
- Bankruptcy Fraud
- Extortion
- Money laundering
- Credit Card Fraud
- Identity Theft
- Cybercrime
- Cyber hacking
- Phishing
I. Need to know the defenses:
- Justifiable use of force
- Mistake
- Necessity/duress
- Insanity
- Entrapment
J. Need to know the exclusionary rule.
K. Review the chart which has the summery of Constitutional Safeguards
- Focus on the 4th, 5th and 6th amendments
L. Need to know the Miranda Rule and any exceptions given by the book.
M. Need to know when the police need to obtain a search warrant and exceptions given by the book
N. The criminal process (steps in a criminal case)
Chapter 6
A. What is the definition of intangible property?
B. How is the intellectual property law protected at the International level, federal level and state levels?
- TRIPS
- WIPO
C. Patents
- What is a patent?
- What can be patented? Stated another way, what is patent eligible subject matter?
- What rights does a patent holder have?
- What is infringement?
- What is the USPTO?
- What is prior art?
- What is a continuous application? How is it different from a provisional patent application?
- How is a utility patent different from a design patent? A plant patent?
- International protections of patents
- Patent Cooperation Treaty
- World Intellectual Property Organization
- Federal Law
- American Invents Act
- Infringement
- Defenses
- First sale doctrine
- Prior art
- Damages
D. Copyrights
- What can be copyrighted?
- Length of Protection?
- Idea-expression dichotomy
- Infringement
- Vicarious infringement
- Contributory infringement
- Defenses
- Fair use factors
- Innocent infringement
- Can software be copyrighted?
- What does the Digital Millennium Copyright Act provide? Which countries follow it?
E. Trademarks
- Distinguish between a trademark, service mark, tradename, tradedress and collective mark
- How is trademark infringement different from trademark dilution?
- What are the advantages of trademark registration?
- What is the Madrid Protocol? How does it protect trademarks?
- Distinguish between a fanciful mark, arbitrary mark and suggestive mark
- What is the significance of a generic mark?
- Remedies for trademark infringement
- What is cybersquatting?
F. Trade Secrets
- What is a trade secret?
- What are the advantages protecting IP as a trade secret as opposed to filing a patent?