Short Final Examination 1995

INSTRUCTIONS: This is a closed book examination. Read each question carefully. You have one hour to complete the examination so pace yourself accordingly. Only the answers marked on the answer sheet will be graded. Use care in marking the answer sheet since unclear or ambiguous answers will counted as incorrect.

Multiple choice - select one answer for each question and clearly mark your choice on the answer sheet.

Please note - you must stop writing as soon as the proctor announces that the examination is over or you run the risk of a conduct code violation.

Do not open your examination or start reading the questions until you are instructed to do so.

Good luck.

1. It is widely asserted that we are now in the beginning of the Information Age and that much of the legal infrastructure that was appropriate for the Industrial Age will need to altered to accommodate new issues and problems. Which of the following is least correct regarding the Information Age?

a. Educational institutions are providing much of the essential raw material that is fueling the information age society; brainpower.

b. Information and knowledge, long important elements in enhancing industrial productivity, have become products in and of themselves.

c. The transformation from an industrial to information society has manifested itself as a violent revolution rather than as a slow blending, as the latter overlays the former.

d. In the information society wealth is increasingly based on the control or ownership of information and knowledge.

2. Regulation of the television broadcast industry by the Federal Communications Commission is based on which of the following theories?

a. Public trust.

b. Common carrier.

c. Free market.

d. Equality.

3. Gina Gretkla is free-lance computer programmer who has been hired to produce a custom, one-of-akind expert system for a local hospital to help in the diagnosis of head injuries. Although Gina has a degree in computer programming she admits that she "cut class alot" and failed to pick up some important programming techniques that are commonly used. As a consequence, the program Gina writes for the hospital is seriously flawed and fails to find an injury suffered by Tom Tolfer. Because of the misdiagnosis Tom suffers permanent loss of hearing. If Gina is found liable for Tom's injury which of the following would be the most likely reasoning?

a. Gina is liable because she was negligent in writing the computer program.

b. Gina is strictly liable under standard product liability theory.

c. Gina is liable under Article 2 of the Uniform Commercial Code.

d. Gina is liable for having breached her implied warranty of merchantability and fitness.

4. The Constitutional "right of privacy" invoked in the Roe v. Wade and Whalen v. Roe cases involves:

a. The unreasonable publicity given to private information that the public has no legitimate interest in knowing.

b. The protection of certain types of conduct from governmental interference.

c. The government's methods of discovering information about an individual.

d. The protection of information against unauthorized loss, alteration, or disclosure by the government.

5. Which of the following statements least supports a right of access to information in the hands of the government?

a. A democracy depends on the participation of an informed citizenry.

b. The information belongs to the people because it was created with tax dollars.

c. Knowledge, will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives.

d. The First Amendment protects the right of every person to participate in the marketplace of ideas.

6. Louis D. Brandeis, later a justice of the U.S. Supreme Court, wrote an influence article on privacy in 1890 together with Samuel D. Warren. Which of the following would most likely be a quote from Brandeis?

a. "Privacy is what makes life civilized."

b. I don't know what it is, but I know it when I see it."

c. "Privacy is what the government says it is."

d. "Citizens have a right to solitude but not a right to secrecy."

7. Professor Prosser defined four kinds of privacy. Which of the following is not on Prosser's list?

a. Breach of informational confidentiality in situations where one has a duty to maintain the confidentiality

b. Unreasonable intrusion into an area wherein one has a reasonable expectation of being undisturbed.

c. Unreasonable publicity given to private information that the public has no legitimate interest in knowing.

d. Appropriation of one's name or likeness for the commercial benefit of another.

8. The courts have looked to the U.S. Constitution for guidance in the field of privacy. Which of the following sections of the U.S. Constitution would be least likely to be used in a privacy case?

a. First Amendment

b. Fourth Amendment

c. Fifth Amendment

d. Fifteenth Amendment

9. Which of the following is least likely to involve the concept of privacy?

a. Claim of individuals, groups or institutions to determine for themselves when , how, and to what extent information about
them is communicated to others.

b. Right to an abortion.

c. The voluntary and temporary withdrawal of a person from the general society through physical or psychological means.

d. Right to access to information in the government's possession classified as secret.

10. Ulysses User purchased a popular new software program designed to help hobbyists perform complex woodworking tasks with a PC that is attached to a power saw. Unfortunately for Ulysses, the software has a serious bug in the programming and his power saw goes berserk ripping his basement to shreds. He would like to sue the software manufacturer. Which of the following are possible theories of recovery?

I. Contract
II. Express warranty under contract
III. Implied warranty of fitness
IV. Tort

a. I and IV

b. I, II and IV

c. I, II and III

d. I, II, III and IV

11. According to many of the articles assigned for reading in the course, workplace privacy is:

a. increasing as a result of new information technologies that are being used in the detection of unauthorized surveillance of employees.

b. increasing as result of tough new statutory protections surrounding the "private actions" of workers.

c. decreasing as a result of new information technologies that are being used to monitor employees.

d. decreasing in the area of drug testing, but increasing generally for workers in most other areas.

12. You have a client who works for the New Hampshire State Police in a special task force dealing with family disputes . Your client has been asked by the State Police authorities to take a written test that will be used to determine whether she has committed any acts of spousal or child abuse. In mounting a legal challenge to the test, which of the following theories would be least helpful?

a. The test violates your client's inherent right of privacy.

b. The test violates due process because there was no adequate safeguard in testing procedures and disciplinary steps associated with the test.

c. The test violates your client's privilege against self-incrimination.

d. The test is an unreasonable search and seizure under the Fourth Amendment of the U.S. Constitution.

13. Your law firm represents a small manufacturer of expensive coronary care devices. A number of the devices are missing from the warehouse and management suspects that some of the employees are stealing the devices for subsequent resale in a foreign country. The president of the company wants to search the employee lockers and desks. Which of the following be incorrect legal advice for you to give your client?

a. An employee who has the exclusive or primary use of certain areas in the workplace such as a desk or locker may have an expectation of privacy from intrusions by fellow employees and supervisors.

b. Expectations of privacy may be diminished if employees are on notice that searches of desks and lockers could be conducted.

c. An employer may not search an employee's private locker or the "private sections" of the employee's desk without implied or actual permission of the employee.

d. Although an employee might have an expectation of privacy in certain areas under his or her control in the workplace, this expectation may be limited by the particular circumstances of the situation.

14. With regard to computer evidence which of the following is incorrect?

a. Computer simulations may be admitted into evidence if the data was correctly entered, the operations of the computer are accurate and the computer programmer is qualified.

b. Computer graphics and computer-generated animations may be used at trial to demonstrate to a jury or fact finder complex interactions and subtle details.

c. No foundation is necessary in order to introduce computer simulation into evidence.

d. Computer graphics used as demonstrative evidence must accurately reflect the elements of the situation they are portraying.

15. The Freedom of Information Act (FOIA) guarantees the right of any person to look at all Federal records except those specifically exempted by the Act. Which of the following is not among the nine listed exemptions?

a. Trade secrets and other confidential business information.

b. Information maintained by Food and Drug Administration.

c. Matters relating to the supervision of financial institutions.

d. Internal agency personnel rules and practices.

16. Knowledge and information have been described as unique assets when compared to standard physical goods assets. Which of the following are correct with regard to this uniqueness?

a. When someone sells information or knowledge to another the end result is generally that both the buyer and seller have the information or knowledge.

b. Information and knowledge can be readily located and measured, facilitating ownership and transfer

c. Unlike capital assets (such as buildings and equipment), knowledge assets often do not wear out or depreciate with use.

d. The timing of when one comes into possession of information is often a more significant factor of its value than its possession.

17. The scarcity doctrine:

a. is used to justify the regulation of common carriers.

b. is used to justify the regulation of natural monopolies.

c. is used to justify the regulation of a scarce resource.

d. is used to justify the regulation of cable television.

18. The term "computer crime" has been used to describe a variety of illegal activities. Which of the following types of theft is least likely to be considered a computer crime?

a. theft of computer time and services

b. theft of computer software or data

c. theft of money from a person using an ATM (automated teller machine).

d. theft of other property by the use of a computer.

19. Paula Plaintiff is suing her employer Fabolacious Inc. and MegaMet Company, a manufacturer of the metal forming equipment that Paula claims to have caused her personal injuries on the job. Paula's lawyer is seeking discovery of her personnel files at Fabolacious. These files are contained in a computer database and there is no hard copy of the files. Her lawyer is also seeking discovery of a computer print-out listing the employees of MegaMet. Assuming both are relevant which of the following is the most likely result if both companies refuse to comply with the discovery requests and a court is asked to intervene?

a. The court will grant discovery with regard to the personnel files at Fabolacious but not with regard to the computer print-out listing the employees of MegaMet.

b. The court will grant discovery with regard to both the personnel files at Fabolacious and the computer print-out listing the employees of MegaMet.

c. The court will not grant discovery with regard to either the personnel files at Fabolacious nor the computer print-out listing the employees of MegaMet.

d. The court will grant discovery with regard to the computer printout listing the employees of MegaMet but not with regard to the personnel files at Fabolacious.

20. Some authors and observers have tried to determine the reasons for the emergence of the information age at this point in history. Which of the following have been suggested as contributing reasons for the Information Age?

a. Speed of communication - information now travels around the world at the speed of light.

b. Computer technology has produced quantum leaps in the creation of information.

c. The increasing interconnectivity of informational databases.

d. Changes in the law that made information easier to create.

21. The Fair Credit Reporting Act (FCRA) regulates the providing of consumer reports by consumer reporting agencies. The FCRA imposes restrictions on consumer reporting agencies in all of the following areas except:

a. the deletion of obsolete information from consumer reports

b. the disclosure to consumers of information in their files

c. the procedures to be used in cases of disputed accuracy of information in consumers' files.

d. the full public disclosure of all financial information on the consumer reporting agencies themselves.

22. No business entity can, is required to, or should retain all documents and information in its possession in perpetuity. If you are general counsel to a business organization, which of the following would be an incorrect statement regarding a document destruction and retention program for your company?

a. From an ethical viewpoint, various ethical codes provide that a lawyer shall not suppress any evidence that the lawyer has a legal obligation to reveal or produce.

b. Willful destruction of documents can lead to tort liability, adverse rulings, or sanctions.

c. Although most state have ethical rules for attorneys regarding destruction of evidence few states have statutes that specifically prohibit the destruction of evidence by non-professionals.

d. Both federal and state courts often allow the fact finder to draw a presumption against a party that intentionally destroys evidence that the evidence would have been unfavorable to the party that destroyed it.

23. Decoding of the information contained in human DNA (the human genome) is posing new challenges for the law. Which of the following is correct?

a. Advances in decoding of the human genome have made discrimination in insurance less likely.

b. The information contained in one's DNA is recognized by federal statute as "private information".

c. Increased understanding of the information contained in the human genome can lead to new forms of discrimination.

d. The problems of misuse of DNA data can be readily solved by allowing each individual to keep his or her "genomic information" secret.

24. Which of the following is a correct statement regarding the law regarding privacy?

a. A concept of privacy was part of the English common law that this country inherited.

b. Although not originally inherited from English common law, the concept of privacy was specifically recognized in U.S. common law as it developed in the eighteen hundreds.

c. A concept of privacy is one of the foundation principles upon which the United States was founded and is mentioned twice explicitly in the Constitution and has been implicitly recognized in the Bill of Rights.

d. A concept of privacy has been recognized in the Restatement of Torts.

25. Some scholars have argued that certain aspects of intellectual property are founded on principles of moral rights. Which of the following statements would be most consistent with the position of these scholars?

a. The creative artists enfuses a part of her own personality and vision into her creation, thereby forming an indissoluble bond between herself and her work.

b. In the long-run it is uneconomical to appropriate the fruits of another's labor.

c. In order to encourage an artist or inventor to engage in creative activities it is necessary to give the artist or inventor property rights in the results of those activities.

d. Although intangible assets can be valuable, a grant of rights to prior creators may retard the development of new intellectual products and may interfere with the autonomy of others and with efforts by individuals to achieve cultural self-determination.

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