法律英语证书LEC2018年11月真题试卷一7

61.A homeowner was using a six-foot stepladder to clean the furnace in his home. The homeowner broke his arm when he slipped and fell from the ladder. The furnace had no warnings or instructions on how it was to be cleaned. In a suit by the homeowner against the manufacture of the furnace to recover for his injury, is the homeowner likely to prevail?（A）

A.No, because the danger of falling from a ladder is obvious.

B.No, because the homeowner should have hired a professional to clean the furnace.

C.Yes, because the furnace did not have a ladder attached to it for cleaning purpose.

D.Yes, because the lack of warnings or instructions for how to clean the furnace made the furnace defective.

62.A college student was asleep in his bed in a college dormitory when his roommate, in a drunken fury, entered their room intending to attack the student with an ice pick while he slept. Fortunately, the phone rang and awakened the student. The roommate retreated quickly and threw the ice pick under his own bed in the same room. The next day, the student heard from friends about the roommate’s murderous plans and later found the ice pick under the roommate’s bed. Even though the college expelled his roommate, the student remained extremely upset and afraid to sleep. In a suit against the roommate for assault, will the student prevail?（B）

A.No, because the roommate did not touch the student.

B.No, because the student was not awake when the roommate entered the room and was unaware until later that the roommate was intending to attack him.

C.Yes, because it was reasonable for the student to feel afraid of sleeping in his room afterward.

D.Yes, because the roommate intended to inflict serious harm.

63.When a tire of a motorist's car suffered a blowout, the car rolled over and the motorist was badly injured. Vehicles made by the manufacturer of the motorist's car have been found to be negligently designed, making them dangerously prone to rolling over when they suffer blowouts, A truck driver who was driving behind the motorist when the accident occurred stopped to help. Rescue vehicles promptly arrived, and the truck driver walked along the side of the road to return to his truck. As he approached his truck, he was struck and injured by a speeding car. The truck driver has sued the manufacturer of the injured motorist's car. Is the truck driver likely to prevail in a suit against the car manufacturer?（D）

A.No, because the car manufacturer's negligence was not the proximate cause of the truck driver's injuries.

B.No, because the truck driver assumed the risk of injury when he undertook to help the motorist.

C.Yes, because it is foreseeable that injuries can result from rollovers.

D.Yes, because the car manufacturer's negligence caused the dangerous situation that invited the rescue by the truck driver.

64.A gas company built a large refining facility that conformed to zoning requirements on land near a landowner's property. The landowner had his own home and a mini-golf business on his property. In a nuisance action against the gas company, the landowner established that the refinery emitted fumes that made many people feel quite sick when they were outside on his property for longer than a few minutes. The landowner's minigolf business had greatly declined as a consequence, and the value of his property had gone down markedly. Is the owner likely to prevail?（C）

A.No, because the landowner has offered no evidence demonstrating that the gas company was negligent.

B.No, because the refinery comforts to the zoning requirements.

C.Yes, because the refinery has substantially and unreasonably interfered with the landowner's use and enjoyment of his property.

D.Yes, because the value of the landowner's property has declined.

65.A fire that started in the defendant's warehouse spread to the plaintiffs adjacent warehouse. The defendant did not intentionally start the fire, and the plaintiff can produce no evidence as to how the fire started. However, the defendant had failed to install a sprinkle system, which was required by a criminal statute. The plaintiff can produce evidence that had the sprinkle system been installed, it could have extinguished the fire before it spread. In an action by the plaintiff against the defendant to recover for the fire damage, is it possible for the plaintiff to prevail?（D）

A.No, because the statute provides only for criminal penalties.

B.No, because there is no evidence that the defendant negligently caused the fire to start.

C.Yes, because a landowner is strictly liable for harm to others caused by the spread of fire from his premises under the doctrine of Rylands v. Fletcher.

D.Yes, because the plaintiff was harmed as a result of the defendant’s violation of a statute that was meant to protect against this type of occurrence.

66.A patent is by nature a monopoly, but it may deserve protection because:（C）

A.It is the creation from the inventor's mind, and naturally it should belong to the inventor.

B.The invention may be of great value which will be lost in free and unfettered competition.

C.The overall social benefits outweigh the economic evils in protecting the invention.

D.Everyone else in the world is free to come up with his own fresh ideas on development of technology.

67.The patent law in the United States does not specify what subject matters are excluded from patent protection, but courts have carved out certain categories that are not patent-eligible, such as:（D）

A.Computer programs.

B.Business methods.

C.Bacteria.

D.Abstract ideas

68.A, being the inventor of an extremely viable invention that works a tremendous commercial success, formed a company of his own and assigned all his patents to the company. Later, bad blood developed between him and his associates in the company, and he resigned. He now files a request with the Patent Office to invalidate those patents held by the company. He would be estopped from doing so under:（A）

A.Assignor Estoppel.

B.Licensee Estoppel.

C.Equitable Estoppel.

D.Collateral Estoppel.

69.In intellectual property cases, an injunction (i.e., a court order of cease and desist from present business activities), either temporary or permanent, is a very harsh measure that could work tremendous economic difficulties for a defendant. When allowing such a measure, the court should usually consider all of the following factors EXCEPT:（B）

A.That the plaintiff has won previous cases on the same or similar claims of the patent.

B.That the defendant is a multimillion dollar international conglomerate.

C.That the plaintiff will be injured by the irreparable harms resulting from the alleged infringing activities.

D.That more and more potential infringers will follow if the present one at suit is not stopped.

70.A trademark may tend to become a generic mark when it is used:（A）

A.As a noun extensively for a product.

B.As an adjective describing a product.

C.As a noun indicating the source of a product.

D.As an adverb strengthening the effect of an adjective.