上期答案：BCBC

89. A defendant was charged with attempted murder of a victim in a sniping incident in
which the defendant allegedly shot at the victim from ambush as the victim drove his car
along an expressway. The prosecutor offers evidence that seven years earlier the defendant
had fired a shotgun into a woman's home and that the defendant had once pointed a handgun
at another driver white driving on the street.

This evidence should be

A. excluded, because such evidence can be elicited only during cross-examination.

B. excluded, because it is improper character evidence.

C. admitted as evidence of the defendant's propensity toward violence.

D. admitted as relevant evidence of the defendant’s identity, plan, or motive.

90. In a federal investigation of a defendant for tax fraud, the grand jury seeks to obtain
a letter written January 15 by the defendant to her attorney in which she stated: 'Please
prepare a deed giving my ranch to the local university but, in order to get around the tax law,
I want it back-dated to December 15.' The attorney refuses to produce the letter on the ground
of privilege.

Production of the letter should be

       A. prohibited, because the statement is protected by the attorney-client privilege.

B. prohibited, because the statement is protected by the client's privilege against
self-incrimination.

       C. required, because the statement was in furtherance of crime or fraud.

D. required, because the attorney-client privilege belongs to the client and can be
claimed only by her.

Questions 91-95 are IP law test

91. A trademark JETSTREAM for racing motor cycle would be considered as:

A. Descriptive of the product.

B. Suggestive of the swift movement of the machine.

C. Laudatory of the product quality.

D. Fanciful or arbitrary in relation to product.

92. Which of the following would be the most effective defense to trademark
infringement?

       A. Fair or nominative use of another’s mark to indicate the goods or services.

B. Comparative use of another’s mark to indicate same or similar quality of one, s
goods or services.

       C. Use of another’s trademark in a joking way in a political comment.

D. Use of another’s trademark in a derogatory way because some members of society
do not support the product (e.g., tobacco products).

答案见下期发布。

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