LEG 500 Week 11 Final Exam 2

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Question 1 According to law professor Thomas Joo, the best group of persons for addressing the environmental concerns facing the world today is: Answer Question 2 When environmentalists recognized that politicians were not going to pass stricter legislation and regulations, they changed their tactics to force change. According to the Layzer article in the chapter, these new tactics included: I. Eco-terrorism bombing pipelines and factories. II. Collaboration with businesses create partnerships to improve environmental impacts. III. Public relations campaigns go public with their accusations and encourage consumers to demand change. IV. Work internally through shareholders to try to change corporate disclosures Answer Question 3 Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions. Answer Question 4 The power of the U.S. Government to take property from a private individual and use it for public purposes is: Answer Question 5 Shareholder activism includes which of the following? Answer Question 6 Which piece of legislation was passed first? Answer Question 7 According to MIT professor Layzer, the lobbyists for the energy corporations have used which of the following tactics to avoid stricter regulation? I. Portray the science of global warming as uncertain and debatable II. Focus on the financial costs of regulation III. Provide Senators and Representatives with financial incentives to vote against regulation IV. Portray the environmentalists as extremists and a vocal minority. Answer Question 8 Obesity in children has continued to rise since 1976 and approximately _____ of all teens and youth are overweight. Answer Question 9 According to John Kenneth Galbraith, the theory of consumer demand is based on the following broad assumption(s): I. Socialism will work in all societies because consumers are willing to share their wealth. II. The urgency of wants does not diminish as more of them are satisfied. III. Wants originate in the personality of the consumer. Answer Question 10 The creative revolution in advertising refers to Answer Question 11 Of product promotion techniques, which is the most influential according to author Naomi Klein? Answer Question 12 Identify the true statement(s) regarding freedom of speech: I. It was not until the 1840s that legal doctrines protecting speech when offensive began to be recognized by the courts. II. In the First National Bank v. Bellotti case, the Supreme Court struck down a state law prohibiting a corporation to advertise to influence voters on issues that did not materially affect its business. III. In the Virginia Board case, the U.S. Supreme Court failed to link the right to receive information and ideas with the traditional values that underlie free speech. IV. The Prescription Information Law expressly allows the transmission or use of both patient-identifiable data and prescriber-identifiable data for certain commercial purposes. Answer Question 13 The most notable exception to caveat emptor was for Answer Question 14

0 out of 4 points According to Stephen Sugarman, performance-based regulation is: Answer Question 15 According to the plaintiffs attorney, the primary tactic defense attorneys use to minimize liability is: I. Hire the best defense firms to make the plaintiffs look like liars II. Pursue illegal means to get plaintiffs to drop their cases III. Use the system to make the case too expensive for plaintiffs to pursue their cases IV. Push plaintiffs into class action suits to force the case to be heard only one time. Answer Question 16 The Ford Pinto exploded when rear-ended by another vehicle. Of the types of defects a product may have, the Pinto suffered from Answer Question 17 4 out of 4 points The term caveat emptor means: Answer Question 18 To win a case in negligence, a plaintiff must prove all but Answer Question 19 4 out of 4 points The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are Answer Question 20 In a lawsuit for copyright infringement, a defendant can avoid liability by successfully arguing _________, based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work. Answer Question 21 The difference between the Project Gutenberg (PG) and the Google book scanning project is: Answer Question 22 In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is I. Not obvious II. Unique III. Useful IV. Not a modification of any prior patents Answer Question 23 Nikes swoosh, McDonalds arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them? I. Lanham Trademark Act of 1946 II. Federal Trademark Dilution Act of 1995 III. Sonny Bono Act of 1998 Answer Question 24 Debora Halbert asserts in her essay that: Answer Question 25 If an author owns a copyright to a non-fiction essay, then publishes that essay in an anthology of similar essays published by a major publishing company, the rights involved in this relationship would be referred to as ______. Answer