Rory Stonebreaker, Cory Dealmaker, Amory Heartbreaker and Labory Biomaker are college students at the University of Chicago. They used to live on-campus in college dormitories. However, they got tired of living in small rooms and sharing bathrooms with students they did not know. One day while they were waiting in line together to register for classes, they complained to each other about poor living conditions in college dorms. Soon thereafter, they decided to rent a two-story house in Downers Grove, IL, just outside of Chicago, IL. Their landlord is Ms. Meana Ordermaker. Rory, Cory, Amory and Labory have very different personalities. Rory Stonebreaker is a typical college dude. He likes to party hard every night, enjoys going to gym regularly, (he can lift 300 pounds on bench-press) worships video games and does just enough to get by in school. Cory Dealmaker is a typical “my daddy has a lot of money” type of student. Nothing is usually good enough for him. For example, he does not attend very many college parties because they are too lame and he does not drink cheap beer, he does not use the gym at school because it is too crowded and not so stateof-the-art, he hates the cafeteria food because it upsets his stomach. Cory spends his days golfing with his buddies, socializing with other rich students and hanging out with popular girls at cocktail parties. Cory is not particularly focused on school because he already has a job lined-up in daddy’s company. Amory is “everything is meaningless” type of student. He plays guitar, writes poetry, travels all over the world, follows international politics, reads foreign philosophers and takes long walks. He does not study all that much, but gets excellent grades. Labory Biomaker is “leave me alone” type of students with really long hair. He is known across the campus as hygiene-deficient crazy scientist who gets straight A’s. He spends his days experimenting in the lab or fixing things at home. Because of their differences, these four roommates often get in fights. For example, Rory is a very neat guy and it bothers him when Labory does not clean the bathroom after his rare showers (he leaves his hair in the tub and sink). Labory, on the other hand, likes complete silence and it bothers him when Amory plays guitar loudly. Cory, who is often out of the apartment, hates it when Rory wears his expensive clothes when he is not around. Nothing significantly bothers Amory because everything is meaningless to him but he has weird mood-swings and tends to “mad cow” on everybody over smallest little things. Lately, Rory started throwing parties regularly. That increased tensions in the house even more. Labory could not stand the noise, Rory could not stand Cory’s “I am so hot” attitude around girls and Amory could not stand it when some regular jerk would dare to play his $2000 guitar. However, surprisingly enough, these parties revealed that Amory is a true magnet for girls. Girls liked Amory because he would look them right in the eyes when he spoke to them, he was a good listener, he carried very open-minded and deep conversations about poetry, politics, traveling and general social topics. Amory was just so smooth. Cory noticed that and did not like it. He even called one of Amory’s former roommates to find out more about Amory’s past. It turned out that Amory was very successful with girls even his freshman year. He allegedly had at least 5 very hot girlfriends his freshman year. One of them was a high-profile executive woman in mid-thirties who bought him a $2,000 suit. Cory was shocked when he heard that because he thought Amory was some kind of artistic loser. Cory is also successful with girls because he seems sure of himself and kind of adventures. However, girls soon realize that he is so sure of himself and adventures only because he knows he can hide under Daddy’s desk whenever he gets in trouble, so girls get turned-off pretty quickly. Later in the semester, things in the house got very nasty. Labory’s lack of hygiene was driving Rory crazy. Since Labory kept leaving his hair in the tab and in the sink, Rory decided to take action. One day, Labory fell asleep on the couch in the living room while watching Science Channel on TV. Rory just came from some low-key-mid-week party where he had a beer or two. When he saw Labory sleeping on the couch, he decided to put an end on Labory’s annoying routine of leaving hairs in the tub and sink. Rory eventually cut a big chunk of Labory’s hair. Labory did not feel anything while he was sleeping, but when he woke up he was very upset because he did not feel like a scientist anymore. He shaved all of his hair what made Rory very happy. They did not speak ever after. The next day, Cory was bringing some girl over he really cared about (his daddy approved it) to play cards and to have some beers. Her name was Shelly. He actually did not want to bring her to the house because he was afraid that Amory might try to get her number, but it was raining so badly that he had no option. When they arrived to the house, Cory asked Labory if Amory was at home while Shelly was at the restroom. Labory informed him that Amory was in the basement watching a series of Polish independent art movies. To make sure Amory does not interfere with his date, Cory locked Amory in the basement and took the key with him on the second floor. Cory felt pretty good knowing that Amory will not be able to get out of the basement as long as he had a key in his possession. Amory was so into watching his polish movies that his did not even go out of the basement to use the restroom. By the time he finished watching his movies, Shelly was already gone and the basement was unlocked. Before Amory went to the bed, he spoke to Cory about his day. When Cory told him he had a girl over, Amory said that he thought he heard something but didn’t think anything of it. Amory said he would come up to say hi, if he knew he had somebody over. Cory replied, “Yeah right, you couldn’t even if you wanted to buddy, you were locked in the basement while she was here.” Upon hearing that, Amory went crazy and said Cory would pay for it with interest. There were only two weeks left before the finals. So, Rory was planning to throw a big party before the end of semester. He planned to start party on Saturday around 4pm with some flag football and end it on Sunday around 7am. He told everybody he knew about this party and said that everybody in the world was welcomed, except geeks from the Northwestern University. So, Saturday finally came and people started coming over. Just around 4pm, people started playing flag football. Some guys were just goofing around, while others were very competitive. Eventually, Rory improperly tackled dude named Softy and broke his ribs. He was taken to the hospital and was hospitalized for 3 weeks. 4 Just around 7pm, Shelly came to the party looking gorgeous. Before she even saw Cory, Amory saw her and went over to say hi. It turned out that they had some mutual friends and indirectly knew about each other. While already intoxicated Cory was coming over, Amory told Shelly “I’ll see you later” and taped Cory on the shoulder. Cory said “Hold on dude, what is this all about? Did you get her number?” Cory then grabbed Amory cellular phone aggressively to see if Amory had Shelly’s number. While trying to get his phone back, Amory replied” Chill out buddy, I was talking to Shelly. O my God, is that the girl you had over when you locked me in the basement? Give me my phone back, you will break it!” Shelly jumped in “What? You locked him in the basement, you are a freak.” Then Cory replied very loudly so that the whole room could hear him” I am a freak, he a male prostitute that sleeps with rich women, I am sure he has all kinds of sexually transmitted diseases.” Amory, who has no sexually transmitted diseases, called Cory “a spoiled little daddy’s boy.” Cory took a bottle of empty Tequila and started swinging it at Amory. He missed Amory and he almost hit Shelly. He didn’t want to hurt Shelly in any way, but she got very scared and upset because he almost hit her. Some people jumped in and stopped the fight. As soon as everybody calmed down, two new incidents happened. First, something exploded in Labory’s room. Apparently, one of his experiments with the toaster went wrong. He tried to adopt toaster so that he could cook chicken in it. The toaster could not cook chicken properly in its current condition because it would burn the chicken from the outside, while I was still raw inside. So, he tried to make the temperature of the toaster way lower than it was originally possible and he tried to prolong the time of cooking before the toaster ejects the chicken. Apparently, something went wrong and Labory got hurt. The manufacturer of the toaster was “Great Toaster Inc.” Labory claimed that there was no warning not to cook chicken in the toaster and said it was very easy to open the toaster and try to adopt it. Second incident happened in the backyard. Apparently, bunch of students from the Northwestern University got very upset when they heard that they were not invited to the party. They decided to crash the party and ruin it. Their plan was to get over the wooden fence and stir some trouble in the backyard. However, they did not know that wooden fence was in a very poor condition and close to collapsing. Other people at the party knew that and did not even lean against the wooden fence. At the time Northwesterners tried to climb over the fence, nobody was in the backyard. However, many broken glass bottles were all over the yard. Eventually, the wooden wall collapsed and Northwesterners fell on the dirt full of broken glass. Most of them got very hurt and screamed very loudly. Nobody had a clue Northwesterners were coming. After these two incidents, Shelly said: “I had enough, I am out of this mad house.” Shelly went to her car and drove way. She was so upset that she ran through the red light and collided with another vehicle. Shelly was clearly at fault. However, she tried to prevent the accident by stepping on the brakes and almost succeeded. She barely hit the other car. Unfortunately, lady in another vehicle was very old and overly sensitive, so she suffered severe injuries that an average person would not suffer. Shelly felt very bad.
Finally, this terrible night was over and everybody went to sleep. The next morning, however, Amory ran into his old friends, John and Anna, who invited him to attend a highly popular yoga class with them. Amory said: “Yes, I really need that right now.” At the yoga class, they saw a flyer for an excellent seminar on macrobiotic diets that was happening right after their yoga class, and it was only 3 blocks away. They all said, “OK, all right, we are going, we must!” Unfortunately, on their way to the seminar they hit a parked truck was that delivering “meals on wheels.” Apparently, the brakes on John’s car were defective (a recall has been issued), and now John, Anna, and Amory plan to sue the manufacturer for their injuries. Amory told them all, “ahh, ahh, this will be a nightmare!”
QUESTIONS FOR PART I OF THE FINAL EXAM. The following questions are based on the fact-pattern that was posted on D2L. You must answer “only” 10 out of 12 questions. Each question is worth 2 points. If you answer all 12 questions, I will not grade questions 11 and 12. ALWAYS PICK THE BEST ANSWER AMONG OFFERED CHOICES.
1. If Cory tries to sue Rory for wearing his expensive clothes when he is not around, the likely outcome will be: a) Cory wins, but only if he proves that every piece of his clothing is worth at least $100.
b) Rory wins, but only if he proves that Cory did not buy the clothes at issue (it was all a gift to Cory).
c) Rory wins, but only if he damaged Cory’s clothes.
d) Cory wins, but only if Rory damaged his clothes.
e) Cory wins, even though the clothes were not damaged, and he never planned to wear the clothes at issue again.
2. If Amory tries to sue the regular jerk who dared to play his $2000 guitar, the appropriate potential cause of action would be:
a) Assault on the guitar.
b) Battery on the guitar.
c) Invasion of privacy.
d) Trespass to personal property.
e) Defamation.
3. If Labory tries to sue Rory for cutting a big chunk of Labory’s hair while Labory was sleeping, the appropriate potential cause of action would be:
a) Assault and Battery.
b) Assault, but not Battery.
c) Battery, but not Assault.
d) Invasion of Privacy.
e) False Imprisonment.
4. If Amory tries to sue Cory for locking him in the basement (please refer to the fact pattern), the likely outcome would be:
a) Cory wins because he had a legitimate reason to lock Amory while Shelly was in the house, as Amory would likely flirt with Shelly.
b) Amory wins because he was falsely imprisoned.
c) Amory wins because it is just wrong to lock somebody in the basement.
d) Cory wins because Amory was not even aware that he was locked in the basement
5. As stated in the fact pattern, once Amory found out that he was locked in the basement, “he went crazy and said Cory would pay for it with interest.” If Cory tries to sue Amory for going crazy and saying that he “would pay for it with interest,” the likely outcome would probably be:
a) Cory wins, only if he sues for battery.
b) Amory wins because he was rightly upset.
c) Amory wins, if he proves that he was joking.
d) Cory wins, but only if he sues for assault and proves that Amory made some overt acts, and Cory was expecting immediate physical contact.
e) Cory wins, but only if he sues for assault and proves that he perceived Amory’s words and conduct as a future threat.
6. If Softy tries to sue Rory for improperly tackling him while playing flag football (and breaking his ribs), the likely outcome of this lawsuit would be:
a) Softy wins, only if he sues for the unintentional tort of battery.
b) Softy wins, only if he sues for the intentional tort of negligence.
c) Rory wins, because he can definitely use consent as a defense in this situation.
d) Rory wins, because Softy is too soft.
e) Softy wins, if he sues for battery.
7. Which of the following statements is/are correct? I. Amory, who has no sexually transmitted diseases, can sue Cory for defamation per se For screaming in public: “I am a freak? He is a male prostitute that sleeps with rich women, I am sure he has all kinds of sexually transmitted diseases.” II. Amory, who has no sexually transmitted diseases, can sue Cory for battery for screaming in public: ”I am a freak? He is a male prostitute that sleeps with rich women, I am sure he has all kinds of sexually transmitted diseases.” III. Cory can sue Amory for defamation per se for calling him “a spoiled little daddy’s boy” in front of other people. IV. Cory can sue Amory for insult for calling him “a spoiled little daddy’s boy” in front of other people.
a) All of the above statements are correct
b) None of the above statements are correct
c) Statements I and II are correct
d) Only statement II is correct
e) Only statement I is correct
8. If Northwesterners try to bring a lawsuit for injuries they suffered when the wooden fence collapsed and they fell on the dirt full of broken glass, they could successfully sue:
a) Ms. Meana Ordermaker because she is the landlord.
b) The 4 roommates because they are tenants.
c) Both Ms. Meana Ordermaker and the 4 roommates.
d) Nobody!
9. If Amory tries to sue Cory for aggressively grabbing Amory’s cellular phone to see if Amory had Shelly’s number, Amory could potentially sue for:
a) Battery, because Cory grabbed the phone while it was still “attached” to Amory.
b) Trespass to Personal Property, because a cellular phone is definitely personal property.
c) Invasion of Privacy because looking into somebody’s phone can be construed as invasion of privacy (Cory did look).
d) All of the above.
e) None of the above.
10. Part of our fact pattern states: “Cory took a bottle of empty Tequila and started swinging it at Amory. He missed Amory and he almost hit Shelly. He didn’t want to hurt Shelly in any way, but she got very scared and upset because he almost hit her.” Based on these facts, which of the following statements is correct:
a) Amory can sue Cory for assault and battery.
b) Amory can sue Cory for battery because of transferred intent.
c) Shelly can sue Cory for assault and battery because of transferred intent.
d) Shelly can sue Cory for assault because of transferred intent.
e) Shelly can sue Cory for battery because of transferred intent.
11. If Labory tries to sue “Great Toaster Inc.” for explosion-related injuries he suffered as a result of trying to adapt the toaster so that he could cook chicken in it, the likely outcome of that lawsuit would be:
a) Labory wins, but only if he can prove a design defect, as it was too easy to modify the toaster.
b) Labory wins, but only if he can prove that the defenses of abuse and misuse apply.
c) “Great Toaster Inc.” wins, but only if they can prove that the defenses of abuse and misuse do not apply.
d) “Great Toaster Inc.” wins, but only if they can prove a design defect, as it was too easy to modify the toaster
12. If the “old lady” tries to sue Shelly for injuries she suffered when Shelly ran through the red light and collided with her vehicle, the likely result would be:
a) Shelly wins because she tried to prevent the accident by stepping on the brakes and almost succeeded.
b) Shelly wins based on a reasonable person standard, as the “Old Lady” suffered injuries that an average person would not suffer.
c) The “Old Lady” wins.
d) Shelly wins because of Res Ipsa Loquitur
1. Which of the following could not be used as trademarks:
a. logo
b. design
c. word
d. name
e. all of the above could be trademarks
2. The Lanham Act provides for:
a. the process for applying for patents
b. the copyright of books
c. the creation of all intellectual property
d. the use by government of all patents
e. none of the above
3. “Apple” (computers) and “Exxon” (gasoline) are examples of what kind of trademark?
a. suggestive
b. awkward and freeky
c. generic
d. descriptive
e. None of the above
4. Which of the following is an example of a suggestive trademark?
a. Nike
b. Coca-Cola c. Aspirin
d. Chicken of the Sea
e. None of the above
5. An example of a generic trademark is:
a. Muaahhhhhh
b. Dairy Queen
c. Pacific Life Insurance
d. Coca-Cola
e. none of the other choices
6. Nike does not sell televisions, but suppose some company began to market televisions called Nike. That would be a violation of federal law concerning:
a. cybersquatting
b. slander of title
c. conversion
d. trespass
e. none of the above
7. If the relevant consuming public has been exposed to use of descriptive mark enough to recognize the mark is not just descriptive, but it also identifies the source of product or service, the mark:
a. has become generic
b. has achieved secondary meaning
c. will be protected by fair use
d. all of the above
e. none of the above
8. Which of the following statements are not true for purposes of evaluating descriptiveness:
a. Misspellings are disregarded
b. Foreign words are not translated into English
c. Abbreviations are treated as though they are abbreviated word
d. All of the above are not true
e. All of the above are true
9. In Feist Publications v. Rural Telephone Service Co., involving the copying of whitepage telephone listings, the Supreme Court held that:
a. the copying violated the valid copyright of the telephone company
b. the copying violated the valid copyright of the telephone company only if there was commercial gain by the copier
c. copyright owners have moral rights in their copyrighted material that cannot be changed without permission
d. public facts not presented in an original manner cannot be copyrighted, so no violation
e. none of the above
10. Under the current law, the duration of the copyright protection is:
a. life of the author plus 17 years
b. life of the author plus 70 years (if the work is for hire)
c. Life of the author plus 50 years
d. Only b and c
e. None of the above
11. A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a:
a. copyright
b. goodwill
c. trademark
d. trade secret
e. all of the above
12. Which of the following statements are true:
a. only ideas can be copyrighted, not expressions of ideas
b. duration of the copyright was always measured by the life of the copyright holder and, therefore, the duration of the copyright was never fixed
c. the copyright owner does now have the right to sue for copyright infringement when the copyright expires
d. all of the above choices are true
e. only a and b are true
13. Under the laws of trademark dilution, if a trademark is linked to products of shoddy quality, or is portrayed in an unwholesome or unsavory context, the trademark may become:
a. Blurred
b. Tarnished
c. Infringed
14. Which act was enacted in 1890 as a response to the unpopularity of large business organizations and concerns that some industries were dominated by few large firms.
d. Clayton Act
e. Lanham Act
f. Federal Trade Commission Act
g. None of the above
h. All of the above
15.Which of the following statement(s) is/are true: I. Attempts to monopolize are not illegal under antitrust laws. II.Minimum resale price maintenance is not per se illegal under current antitrust laws. III.All industries are subject to antitrust laws.
a. All statement I is true.
b. Only statement II is true.
c. Only statement III is true.
d. Only statements I and III are true.
e. Statements I, II, and III are true.
f. Statements I, II, and III are false