BUL 4421-Midterm FAU Gendler / STUDY GUIDE – EXPERT VERIFIED ACTUAL QUESTIONS & ANSWERS FOR GUARANTEED PASS | NEWEST UPDATE, Terms in this set (227) Chapter 1: Introduction to Business Law Chapter 1: Introduction to Business Law Relevant areas

BUL 4421-Midterm FAU Gendler / STUDY GUIDE –
EXPERT VERIFIED ACTUAL QUESTIONS & ANSWERS
FOR GUARANTEED PASS | NEWEST UPDATE, Terms in
this set (227) Chapter 1: Introduction to Business Law
Chapter 1: Introduction to Business Law Relevant
areas




An incident that cannot be avoided, even with reasonable care:
(Ex: E.g. Jon driving on highway suffers a stroke and crashes into two other vehicles.
Likely Jon not liable for damages unless he has some type of warning the stroke was
about to occur.) this is the correct answerUnfortunate Accident


A measurement of the way members of society expect an individual to act in a given
situation. this is the correct answerReasonable Person Standard


To determine the *duty of care owed,* the judge or jury must determine the degree of
_______ and _____ that a reasonable person would exercise under similar
circumstances. The Judge and Jury use this standard to evaluate the actions of the
individual in the case. this is the correct answercare and skill


Tort law does not impose duty to rescue strangers in peril, even if rescue is easily
accomplished: this is the correct answerNo duty to rescue


Exception to No duty to rescue: this is the correct answerIf special relationship may
be duty to rescue (e.g. parent/child, student/teacher, husband/wife).


Must rescue person in peril: this is the correct answerTortfeaser

,Exception to Tortfeaser: this is the correct answerExamples: Tortfeaser hit someone
with care—if struck in street there is duty to rescue).


1. The determination that the defendant's breach of duty resulted directly in the
plaintiff's injury.
2. "But for" causation this is the correct answerActual Cause (Cause in Fact)


1. The extent to which, as a matter of public policy, a defendant may be held liable for
the consequences of his action.
2. Usually determined by foreseeability this is the correct answerProximate Cause
(Legal Cause)


Types of Special Plaintiff's Docttrines/Statutes (2): this is the correct answer1. Res
Ipsa Loquitus
2. Dram Shop Acts


Latin for a doctrine that permits judge or jury to infer that the defendant's negligence
was the cause of the plaintiff's harm in cases in which there is no direct evidence of the
defendant's lack of due care. this is the correct answer"Res Ipsa Loquitus"


Allow bartenders and bar owners to be hold liable for injuries caused by the individuals
who become intoxicated at the bar. this is the correct answerDram Shop Acts


Types of Contributory & Comparative Negligence (3): this is the correct answer1.
Contributory Negligence
2. Pure Comparative Negligence
3. Modified Comparative Negligence


A defense that allows a defendant to escape liability by demonstrating that the plaintiff
failed to act in a way that would have protected him/her from an unreasonable risk of

,harm that the plaintiff's negligent behavior contributed in some way to the plaintiff's
accident. this is the correct answerContributory negligence


A defense accepted in some states whereby the defendant is not liable for the percentage
of harm that he or she can prove can be attributed to the plaintiff's own negligence. this
is the correct answerPure Comparative Negligence


Similar to Pure except the Defendant must be more than 50% at fault before the Plaintiff
can recover. this is the correct answerModified Comparative Negligence


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.* this is the correct answerAssumption of the Risk


Name Special Defenses to Negligence (2): this is the correct answer1. 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. this is the correct
answerGood Samaritan Statute


An unforeseeable event that interrupts the causal chain between the Defendant's breach
of duty and the damages the Plaintiff suffered. this is the correct
answerSuperseding Cause


Chapter 12: Intellectual Property this is the correct answerChapter 12: Intellectual
Property

, Distinctive mark, word, design, picture, or arrangement used a product that helps
consumers identify the product with the producer. this is the correct
answerTrademarks


To be protected interstate, the trademark must be: this is the correct
answerregistered 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. this is the
correct answerdamages


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). this is the correct answerinfringer


Once trademark is registered, registration must be renewed between ______ and
_______ years. this is the correct answerfifth and sixth years


After first renewal, trademark holder must renew every _____ years. this is the
correct answer10


If trademark initially registered before 1990, renewal necessary only every ____ years.
this is the correct answer20


Strength of trademark falls into (4) of the ascending categories of strength: this is the
correct answer1. Generic
2. Descriptive
3. Suggestive
4. Arbitrary or Fanciful