BUL 4421 QUESTIONS AND ANSWERS LATEST
UPDATE (ALREADY GRADED A+).
In some states, a defense whereby the defendant is not liable for the percentage of harm that he or
she proves can be attributed to the plaintiff's own negligence if the plaintiff's negligence is responsible
for 50% of the harm. If the defendant DOES establish that the plaintiff's negligence caused more than
50% of the harm, then the defendant has no liability.
Assumption of the Risk
Name Special Defenses to Negligence (2):
1. Good Samaritan Statutes
2. Superseding Cause
A stature in some states that exempts from liability a person, such as a physician passerby, who
voluntarily renders aid to an injured person but negligently, but not unreasonably negligently, causes
injury while rendering the aid.
Good Samaritan Statute
An unforeseeable event that interrupts the causal chain between the Defendant's breach of duty and
the damages the Plaintiff suffered.
Superseding Cause
Chapter 12: Intellectual Property
Chapter 12: Intellectual Property
Distinctive mark, word, design, picture, or arrangement used a product that helps consumers identify
the product with the producer.
Trademarks
To be protected interstate, the trademark must be:
registered with the U.S. Patent and Trademark Office under the Lanham Act of 1947
If the trademark is registered, the holder of the mark may recover ___________ from an infringer who
uses it to pass off goods as being those of the mark owner.
damages
The owner of a trademark may also obtain an injunction prohibiting the _____________ from using
the mark (if the trademark is unregistered only the injunction is available a relief).
infringer
Once trademark is registered, registration must be renewed between ______ and _______ years.
UPDATE (ALREADY GRADED A+).
In some states, a defense whereby the defendant is not liable for the percentage of harm that he or
she proves can be attributed to the plaintiff's own negligence if the plaintiff's negligence is responsible
for 50% of the harm. If the defendant DOES establish that the plaintiff's negligence caused more than
50% of the harm, then the defendant has no liability.
Assumption of the Risk
Name Special Defenses to Negligence (2):
1. Good Samaritan Statutes
2. Superseding Cause
A stature in some states that exempts from liability a person, such as a physician passerby, who
voluntarily renders aid to an injured person but negligently, but not unreasonably negligently, causes
injury while rendering the aid.
Good Samaritan Statute
An unforeseeable event that interrupts the causal chain between the Defendant's breach of duty and
the damages the Plaintiff suffered.
Superseding Cause
Chapter 12: Intellectual Property
Chapter 12: Intellectual Property
Distinctive mark, word, design, picture, or arrangement used a product that helps consumers identify
the product with the producer.
Trademarks
To be protected interstate, the trademark must be:
registered with the U.S. Patent and Trademark Office under the Lanham Act of 1947
If the trademark is registered, the holder of the mark may recover ___________ from an infringer who
uses it to pass off goods as being those of the mark owner.
damages
The owner of a trademark may also obtain an injunction prohibiting the _____________ from using
the mark (if the trademark is unregistered only the injunction is available a relief).
infringer
Once trademark is registered, registration must be renewed between ______ and _______ years.
