Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) The court’s decision in Brown v. Board of Education had what effect on the decision made in Plessy v. Ferguson?
a. It showed that precedent can be overruled and is not binding in every situation.
b. It applied the Doctrine of Stare Decisis.
c. It showed that the Constitution is not subject to interpretation.
d. It applied the principle of preemption.
e. It followed precedent.
2) Someone who believes that law is a reflection of those in power, believes in which school of jurisprudential thought?
a. The Analytical School.
b. The Natural School.
c. The Command School.
d. The Historical School.
e. The Psychological School.
3) Which of the following is a false statement regarding the citizenship and immigration policy of the United States?
a. Immigration quotas are different for each foreign country.
b. The first immigration quota policy was enacted in the 1920s.
c. The immigration quota policy was repealed after World War II.
d. There is an immigration quota policy in effect today in the United States.
e. Immigration laws are administered and enforced by the United States Customs and Immigration Service.
4) The remedy, or relief, that was available in the law courts of England was:
a. specific performance.
b. monetary awards for damages.
c. fines and imprisonment.
d. returning the parties to their positions before the dispute arose.
e. Any of the above, and any other remedy determined to be fair in the particular case.
5) Chancery Courts were also known as:
a. Criminal Courts.
b. Equity Courts.
c. Legal Remedy Courts.
d. Merchant Courts.
e. Law Courts.
6) When statutes are organized by topic, the resulting compilation of law is known as:
b. a code.
c. civil law.
d. topical presentation.
e. common law.
7) Which of the following is not empowered to establish administrative agencies?
a. A state executive branch.
c. A federal or state judicial branch.
d. A state legislative branch.
e. The federal executive branch.
8) For which of the following in the U.S. Congress can the number to which a state is entitled change over time?
a. All members of the U.S. Congress.
c. Both Senators and representatives.
d. Neither senators nor representatives.
9) The power of the federal government to make treaties with Native American Nations
regarding land and land use is derived from the:
a. Privileges and Immunities Clause.
b. Supremacy Clause.
c. First Amendment.
d. Commerce Clause.
e. Equal Protection Clause.
10) If there is an area of interstate commerce that the federal government has chosen not to regulate, the states can:
a. not regulate in that area because states cannot pass laws affecting interstate com- merce.
b. regulate in that area so long as the state law does not unduly burden interstate com- merce.
c. not regulate in that area because the federal government’s decision to not regulate in an area implies that there is to be no regulation in that area at any level.
d. regulate without restriction in that area.
e. regulate in that area so long as it first gets the requisite approval from Congress.
11) In relation to freedom of speech:
a. commercial speech receives no protection due to its profit motive.
b. all speech receives the same degree of Constitutional protection.
c. commercial speech receives the same protection as any other speech or any person.
d. it is not an a bsol ute right.
e. most speech critical of the government can be restricted because such speech can be destabilizing.
12) Substantive due process requires that:
a. a defendant not be tried twice for the same crime.
b. a notice and hearing be given before one is deprived of life, liberty or property.
c. a criminal defendant have an attorney present at all times.
d. government statutes, ordinances and regulations be clear and not overly broad.
e. a law treat all persons the same.
13) Assume that Congress passes a statute that bans the use of personal watercraft on any body of water before 8:00 a.m. and after 9:00 p.m. Congress based its passage of the law on its authority to regulate interstate commerce because it believed that fewer persons would buy personal watercraft because of this law. In a constitutional challenge, most likely:
a. the law would be found unconstitutional because any effect on interstate commerce is too remote for this to be a valid exercise of federal power.
b. the law would be constitutional because of the federal government’s police power.
c. the law would be found to violate the Equal Protection Clause because it applied on water, but not on land.
d. the law would be found constitutional only if it did not conflict with a valid state law.
e. the laws would likely be a violation of equal protection rights under the U.S. Constitu- tion.
14) Judges for federal courts are selected:
a. by the sitting federal judges within the same circuit.
b. by the President, subject to confirmation by the Senate.
c. by the Supreme Court justices.
d. by election by the voters within the state where they preside.
e. by nationwide election.
15) The Court of Appeals for the Federal Circuit is the appellate court for:
a. federal Circuit Courts.
b. the U.S. Tax court and U.S. Bankruptcy Court.
c. federal district court cases.
d. the Court of Claims, the Patent and Trademark Office and the Court of International Trade.
e. both C and D.
16) In most cases, following a decision by the Circuit Court of Appeals:
a. either party has a right to have the Supreme Court review the merits of the case.
b. either party can request that the Supreme Court review the merits of the case, but the Supreme Court denies this request in most cases.
c. the case cannot be appealed further.
d. the Circuit Court of Appeals decision must be reconfirmed by the District Court where the case was originally tried.
e. either party can request that the Supreme Court review the merits of the case, with the request being granted unless the Circuit Court of Appeals decision was clearly correct.
17) Which of the following is true regarding federal question jurisdiction?
a. There is a dollar-amount limit of $75,000 on federal question cases that can be brought in federal court.
b. There is a dollar-amount limit of $100,000 on federal question cases that can be brought in federal court.
c. There is no dollar-amount limit on federal question cases that can be brought in fed- eral court.
d. There is a dollar-amount limit of $50,000 on federal question cases that can be brought in federal court.
e. There is a dollar-amount limit of $10,000 on federal question cases that can be brought in federal court.
18) When parties to a contract agree upon which state court will have jurisdiction should litigation become necessary, that contract clause is called a:
a. jurisdiction selection clause.
b. choice-of-Iaw clause.
c. standings clause.
d. venue selection clause.
e. forum-selection clause.
19) Which of the following pleadings could typically be filed by a defendant in a lawsuit?
a. Answer and complaint.
b. Complaint and cross-complaint.
c. Cross-complaint and reply.
d. Answer and cross-complaint.
e. Motion to intervene and complaint.
20) When an appellate court receives a case appealed to it, it will:
a. retry the case with a new jury.
b. review the record of the trial court so see if there were any errors of law made by the judge.
c. review the jury’s verdict to see if the appellate court judges would have reached the same result.
d. review the record to see if it would have made the same decision as the jury.
e. retry the case with the appellate court judge acting as the jury.
21) In general, an appellate court might typically reverse which of the following?
a. The trial court’s conclusions of law.
b. The jury’s findings of fact.
c. Both A and B.
d. Neither A nor B.
e. The trial court’s findings of fact.
22) Arbitrators and mediators are also called:
23) The best description of misappropriation of the right to publicity is:
a. publicizing private information about someone without that person’s consent.
b. publishing the creative work of another and claiming that it is yours.
c. claiming credit for the accomplishments of another.
d. publicly claiming to have accomplished something that you have not accomplished.
e. attempting to use another living person’s name or identity for commercial purposes without that person’s consent.
24) A landowner owes a duty of ordinary care to:
a. I icensees and i nvitees.
b. licenses and invitees only if business activities are involved.
c. invitees only.
d. licensees only.
e. none of the above.
25) Sam, who weighs 250 pounds, calls his 110 pound girlfriend, Alice, one morning while she is at work. He says, “You are to stay in your office until midnight. If you come to my house before midnight, I will make you sorry that you did.” Assuming that Alice usually leaves her office at 5:00pm but stays until midnight that night because of the threat, if Alice files a false imprisonment case against Sam, a court most likely will find that:
a. there was no false imprisonment because Sam and Alice previously knew one another.
b. there was false imprisonment because Sam’s threat forced Alice to stay in the office.
c. there was no false imprisonment because Alice could have left the office and stayed away from Sam’s house, and because the threat related to future harm.
d. there was false imprisonment only if Alice can prove she reasonably feared Sam.
e. there was no false imprisonment because Alice’s office was not a prison, even though it might have felt like one to Alice.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) Which of the following is true about crimes?
a. Recklessness never provides a sufficient criminal intent.
b. Criminal liability exists only if there is a victim who suffered damages.
c. A criminal defendant will be found guilty whenever the jury believes it is more likely than not that the defendant committed the crime.
d. Torts always accompany crimes, although the civil case is often not brought.
e. For some crimes recklessness provides a sufficient criminal intent.
2) Sam is charged with the crime of theft and has also had a civil suit filed against him by the victim. Which of the following could not be a consistent outcome?
a. Not guilty in the criminal case, not liable in the civil case.
b. Guilty in the criminal case, not liable in the civil case.
c. Not guilty in the criminal case, liable in the civil case.
d. Guilty in the criminal case, liable in the civil case.
e. Both A and D.
3) Which of the following is true about how plea bargaining usually works?
a. A defendant pleads guilty to the charged crime or to a lesser offense in exchange for receiving a lighter sentence than if the defendant were to be tried and found guilty of the original charges.
b. A defendant who is serving a prison sentence for a crime the defendant was convicted of can get the sentence reduced for good behavior, community service or similar rea- sons.
c. A defendant waives certain constitutional rights in exchange for a lighter sentence.
d. A defendant waives the right to a jury trial and the judge determines guilt or inno- cence.
e. Both C and D.
4) Which is true about corporate criminal liability?
a. Because a corporation cannot be sent to prison, they generally cannot be held crimi- nally liable for the actions of their officers.
b. If the criminal conduct can be traced to a specific person or persons, those persons will be liable and not the corporation.
c. Corporations have never been subject to criminal liability because they cannot go to jail.
d. There can be liability for both the individuals who commit crimes and for the corpora- tion on whose behalf the crimes were committed.
e. There can be no liability for individual employees of a corporation, but the corporation can be held responsible for the crimes committed.
5) Which of the following statements is true?
a. The attorney-client privilege is the only privilege that has been recognized under the Fifth Amendment.
b. Even if immunity from prosecution has been granted, the defendant may still refuse to testify.
c. The guarantee has been extended to include all business records and documents.
d. The Fifth Amendment guarantee against self-incrimination does prohibit the taking of fingerprints against a suspect’s will.
e. The Fifth Amendment guarantee against self-incrimination does not prohibit the tak- ing of fingerprints against a suspect’s will.
6) The Miranda decision requires that a criminal suspect be notified of the following except:
a. the fact that anything the suspect says may be used against the suspect.
b. the right to have an attorney appointed if the suspect cannot afford one.
c. the right to a trial by jury.
d. the right to have a lawyer present during interrogation.
e. the right of the suspect to remain silent.
7) The following can properly be the subject of a patent except:
a. asexually reproduced plants.
b. conceptual ideas.
c. designs for manufactured objects.
d. mechanical processes.
e. compositions of matter.
8) Which of the following is true about copyright law in the United States?
a. A work must be published in order to receive copyright protection.
b. A copyright is not created by the process of registration.
c. A copyright must be registered before public disclosure of the copyrighted material.
d. State copyright laws supplement the federal copyright laws.
e. Both C and D.
9) Countries began entering into treaties with each other that provided protection of international property rights in the:
a. only since 2000.
10) John has invented a device to monitor the tire pressure on bicycle tires. This de-
vice consists of a tire pressure sensor on the tire with a radio transmitter and a receiv- er mounted on the handlebars to give a readout of the pressure. The radio transmit- ter is similar to existing designs, but one has never been used in this way. The product cannot be produced for less than $120, but John’s preliminary marketing studies indicate that the product could not be sold for more than $25. Which of the following is true?
a. John cannot get a patent because the transmitter part is not a new invention.
b. John can get a provisional patent which would provide limited protection until he can redesign it so that it can be made for under $25.
c. John cannot get a patent because the inability to produce the product at a cost low enough to sell it means that it does not meet the usefulness requirement.
d. John can obtain protection for his invention even if someone else files a patent ap- plication for the same invention so long as John actually invented his first and only if he pays a fee of $1,000.
e. John can obtain protection for his invention even if someone else files a patent appli- cation for the same invention so long as John actually invented his first.
11) Business law teacher Sue Smith copies 5 pages out of a 999 page book in the library for use in class. Ms. Smith did not want her students to have to purchase the entire book because of the expense involved. A grumpy library assistant calls the publisher of the book and informs on Ms. Smith. Is Ms. Smith in trouble?
a. It is unlikely that Ms. Smith will be in trouble because her use of a few pages would probably constitute a “fair use” under trademark law.
b. Yes, Ms. Smith will be liable for trademark violation because the students should have been required to buy the book.
c. Yes, Ms. Smith will be liable for copyright violation because the students should have been required to buy the book.
d. It is unlikely that Ms. Smith will be in trouble because her use of a few pages would probably constitute a “fair use” under copyright law.
e. Ms. Smith will be liable for copyright violation only if she made a profit from the use.
12) Which of the following statements is true regarding the relationship of law and ethics?
a. The legal requirements will almost always be the same as the ethical requirement because the law is based on the ethical standards.
b. In some cases ethics will require a higher standard of conduct than the law, but never vice versa.
c. In some cases the law will require a higher standard of conduct than ethics, but never vice versa.
d. There is a disagreement about legal standards of conduct but not about ethical stan- dards of conduct.
e. Depending on the circumstances. the law can require a higher, lower, or the same standard of conduct as ethics demands.
13) Someone who believes that moral decisions should be made such that the greatest amount of good in total results from the actions, believes in which moral theory?
a. Kantian ethics.
b. Rawls’s distributive justice theory.
d. Ethical fundamentalism.
e. Ethical relativism.
14) A criticism of utilitarianism is that:
a. moral and ethical rules are too rigid and fixed over time.
b. some persons would take actions that they believe to be moral, but which most per- sons in society believe to be immoral.
c. decisions require the measurement of qualities that are not subject to precise mea- surements.
d. decisions are not allowed to take into account an individual’s station or place in soci- ety.
e. Both C and D.
15) Rawls’s promoted which of the following?
a. The belief that the moral rules should be determined by persons who have a “veil of ignorance” about their place or station in society.
b. The belief that a person must decide what course of action is proper based on that person’s own set of beliefs or feelings.
c. Determining which course of action produces the greatest amount of good for the greatest number of people.
d. A set of universal rules based on reasoning which must be applied in all situations and are characterized by reversibility.
e. The consultation of an outside source, such as a book or person, for guidance.
16) Big Green Company is considering introducing a new product to replace an existing product. The new product would result in increased revenues, but slightly lower over- all profits because the product will cause injury to a few users and Big Green will compensate persons who are injured. The introduction of this product would be the proper decision under:
a. the moral maximum theory, but not under the moral minimum theory.
b. neither the moral minimum theory nor the profit maximization theory.
c. both the moral minimum theory and the profit maximization theory.
d. the moral minimum theory, but not under the profit maximization theory.
e. the profit maximization theory, but not under the moral minimum theory
17) Under the objective theory of contracts, a contract could result from an offer made:
a. due to fraud.
b. due to a need to sell an item quickly.
c. by someone who clearly had Alzheimer’s disease.
d. under duress.
e. by someone who was clearly intoxicated.
18) Under the objective theory of contracts, whether or not a contract exists is based on:
a. the statutory offers.
b. the objective contractor standard.
c. the judicial standard.
d. the objective constitutional standard.
e. the reasonable person standard.
19) What is required for a contract to be an express contract?
a. It is performed immediately after formation.
b. It is performed for mutual benefit.
c. It is stated in words.
d. It is written and signed.
e. All of the above.
20) A contract under seal is called a/an:
a. quasi contract.
b. informal contract.
c. bilateral contract.
d. express contract.
e. formal contract.
21) An agreement that is lacking consideration:
a. will not be an enforceable contract, but may be enforced under the theory of promis-
b. is void as against public policy.
c. is not enforceable, and thus cannot be performed.
d. is enforceable only if in writing.
e. will be enforced only against the party who gave consideration.
22) Offeror says, “I’ll sell you my car for $15,000.” Offeree says, “I accept your offer but will pay $14,000.” What is true at this point?
a. This was a conditional acceptance.
b. Offeror must sell car to Offeree if Offeree gives Offeror $15,000.
c. There are two open offers.
d. The offeree’s statement was a revocation of the $15,000 offer.
e. The only open offer is for $14,000.
23) Mary promises to give her car to her friend. The friend sells his current car at a fairly low price because he is expecting to get a nearly new car at no cost from his rich and generous friend, Mary. Mary changes her mind and decides to keep the car. If the friend sues Mary, the court most likely will:
a. based on the theory of promissory estoppel, require Mary to pay damages to the friend
for any loss he incurred in connection with Mary’s not keeping her promise.
b. require Mary to give her friend the car because Mary made an illusory promise.
c. require Mary to give her friend the car because his sale of his car was consideration.
d. not require Mary to do anything unless it can be proven that she subjectively intended to cause her friend monetary difficulty.
e. not require Mary to do anything because this was a gift promise.
24) Which of the following is not true?
a. What constitutes a necessary varies over time and can differ from state to state.
b. A minor can still disaffirm a contract for a reasonable time after reaching majority.
c. A minor does not have to wait until reaching majority to disaffirm a contract.
d. I n most states a minor who misrepresents his or her age has no duty to place the competent party in status quo if the minor disaffirms the contract.
e. A minor must pay the agreed price on a contract for necessaries.
25) Kathy purchased a used car from Mint Motors, Inc. on her sixteenth birthday and will be making 48 monthly payments to Mint. Thirteen months later, the car was stolen and was never recovered. Which of the following statements is correct?
a. The car’s theft is an automatic ratification of the contract because it is now
impossible to return the car.
b. Kathy ratified the contract by driving the car for thirteen months.
c. Kathy may demand a new car from Mint as a penalty for dealing with a minor.
d. Kathy may not disaffirm the contract if she ratified the contract either orally or in writing prior to the theft ..
e. Kathy may disaffirm the contract because she is a minor.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) In general, what is the effect of one party being mistaken about the subject matter of a contract?
a. The mistaken party can rescind the contract.
b. Either party can rescind the contract, and the mistaken party can recover damages.
c. Neither party can rescind the contract or recover damages.
d. Either party can rescind the contract and/or recover damages.
e. Either party can rescind the contract.
2) In Krysa v. Paine, where Paine’s Car Company was found to have committed fraud
in the sale of a truck to Krysa, what did the court rule regarding the punitive damages award?
a. Punitive damages are allowed at 9:1 in cases involving personal injury but in con- tracts must adhere to a 3: 1 ratio.
b. Punitive damages are limited to 9:1 in all cases.
c. Punitive damages should never have a cap or their function as a deterrent and punish- ment would be lost.
d. Punitive damages are not available in a fraud action based on a contract.
e. Punitive damages of 27:1 are permitted in cases of extreme fraud.
3) The knowledge of a statement’s falsity, or the “guilty mind,” in a fraud in the induce- ment case is also known as:
a. parol knowledge.
e. guilty intent.
4) Andre has made a statement that the average person would realize is puffery. Andre is guilty of:
c. innocent misrepresentation.
d. undue influence.
5) In Wilson v. Western National Life Insurance Company, involving the party who lied allegedly regarding prior drug abuse in order to obtain life insurance, what was
the holding of the court when the party later died from a drug overdose?
a. The life insurance company had to pay the proceeds because if the plaintiff’s medical records had been consulted, the drug abuse would have been discovered.
b. The life insurance did not have to pay the proceeds only because the deceased’s wife was unaware of the misrepresentation.
c. The life insurance had to pay the proceeds because the deceased’s wife actually paid the premiums.
d. The life insurance company had to pay the proceeds because the plaintiff was not using drugs during the time the application for insurance was made.
e. The life insurance company did not have to pay the proceeds because of the conceal- ment of the drug abuse.
6) Undue influence is characterized by one party being put at a disadvantage in a con- tract due to:
a. a party taking advantage of superior knowledge about the subject matter in a contract.
b. a party taking advantage of a fiduciary relationship.
c. a party taking advantage of the other party’s legal circumstances.
d. a party taking advantage of economic advantage in a transaction.
e. a party taking advantage of it being less urgent for that party to reach an agreement.
7) If a judge rules that a party has lost its case because of the Statute of Frauds, the judge has essentially stated that:
a. the losing party was found by the court to have lied, and will therefore lose the case.
b. the losing party purposely deceived the other party about a material fact.
c. the losing party cannot enforce an oral contract that should have been in writing.
d. the winning party has proven criminally fraudulent conduct on the part of the losing party.
e. the losing party is not allowed to introduce evidence to contradict a written agree- ment.
8) Frank had a bicycle that he advertised for sale, honestly believing it to be a 1999 model even though it was actually a 1996 model. There were significant improve- ments in the frame material, not readily apparent, made between 1996 and 1999 to this model bicycle. The buyer believed Frank’s statement that it was a 1999 model, and was excited to be getting a model incorporating the improvements. After discov- ering that the bike was actually a 1996 model, the buyer could avoid the contract on the basis of:
a. unilateral mistake.
c. mutual mistake.
d. Band C.
e. none of the above.
9) The owner of a gym tells Ruppert that if he joins the gym for a year and hires a per- sonal trainer, his body will be more attractive to women and his life will change for- ever. Ruppert joins and hires a personal trainer, but otherwise his life remains the same. The statements of the gym owner could be described as:
a. statements of fact.
b. statements of opinions.
c. predictions about the future.
d. both Band C.
e. A, Band C.
10) Which of the following is the false statement?
a. A legal right arising from a breach of contract may be assigned.
b. The same right can be assigned more than once.
c. You must get everyone’s consent to make a novation.
d. Purely mechanical duties are not delegable.
e. There is a guarantor in a delegation.
11) When there has been an assignment of rights under a contract, who has a duty to notify the obi igor of the assignment?
a. The assignor.
b. The assignee.
c. Both the assignor and the assignee.
d. Neither the assignor nor the assignee.
e. Whichever party is nearer the obligor geographically.
12) When an obligor transfers her obligation to perform a contract duty to another, this is known as atn):
13) When there is an accord and satisfaction, when are the duties under the original con- tract discharged?
a. When the accord is formed.
b. When the duties of the original contract are fully performed by one of the parties.
c. When the original contract is breached.
d. When the duties under both the original contract and the accord are fully performed by both parties.
e. When the duties under the accord are fully performed by both parties.
14) Which of the following is true?
a. If a contract can be performed, but doing so has become illegal, performance will be discharged on the basis of impossibility.
b. A party can generally get out of a contract if it had entered into the contract without all information relevant to the contract.
c. Death of a party will always result in discharge of that party’s duties.
d. A seller’s duty to sell goods is discharged due to impossibility if the seller is unable to acquire the goods from its normal supplier.
e. Both A and B.
15) World Rest Hotels has contracted with QuickBuild Construction to build a 650-bed hotel in Downtown Dallas. Marty has entered into a lease agreement for retail space in an adjacent building to open a gift shop catering to the hotel guests. QuickBuild was aware of Marty’s lease agreement. QuickBuild breached its contract with Worl- dRest by not completing the hotel until seven months after the contractual due date. Because the hotel was late opening and there were seven months when the hotel had no guests, Marty lost considerable profits in the retail shop. Marty has sued Quick- Build to recover these lost profits. Which of the following is true?
a. Marty is a donee beneficiary of QuickBuild’s contract to build the hotel.
b. Because QuickBuild is now in debt to Marty for the lost profits, Marty is a creditor beneficiary of the hotel construction contract.
c. Marty can recover in the situation on the basis of an assignment of rights.
d. Marty cannot recover because Marty is an incidental beneficiary of the hotel construc- tion contract.
e. The court would likely order QuickBuild to delegate its duties on future contracts so that they are finished on time.
16) What is tender of performance in connection with a contract?
a. Performance whose terms have been ordered by the court.
b. One party’s completion of duties under the contract.
c. An unconditional offer by a contracting party to perform his or her obligations under a contract.
d. A party’s offering substitute performance that is superior to the performance called for in the contract.
e. A party’s offering to perform prior to full payment.
17) What kind of damages will be awarded when there is no actual financial loss?
a. Special damages.
b. Nominal damages.
c. Compensatory damages.
d. Consequential damages.
e. There are no damages that a court will award in the absence of an actual financial loss.
18) What does the term “mitigation” refer to in connection with damages?
a. The calculation of lost profits in determining damages.
b. The combination of the different kinds of damages into a single dollar amount.
c. The duty of the breaching party to make a damages payment as soon as practical.
d. The requirement of the non-breaching party to allow the breaching party one final chance to perform the contract before being entitled to collect damages.
e. The duty of a non-breaching party to make reasonable efforts to reduce damages.
19) What is the modern rule for who gets to keep an engagement ring given by the man to the woman if the planned wedding does not occur?
a. It must be returned to the man regardless of who broke off the engagement.
b. It will be based on who was determined by the court to be more at fault in causing the engagement to be broken off.
c. It will go to the party who has the least financial resources at the time the engage- ment is broken.
d. The party who did not break off the engagement gets to keep it.
e. The woman can keep it regardless of who breaks off the engagement.
20) What was the result in the Ethics Spotlight in the book in which “Kurupt” was alleg- edly induced by Death Row Records to breach an exclusive recording agreement with the Brumfield?
a. Death Row Records was held liable for the tort of intentional interference with a con- tract but could not be held liable for punitive damages.
b. Death Row Records was held liable for the tort of intentional interference with a con- tract but could not be held liable for compensatory damages.
c. Death Row Records was not held liable for anything because the plaintiff had been prosecuted for fraudulent activities, and Death Row Records assisted the singer in avoiding a bad deal.
d. Death Row Records was not held liable for the tort of intentional interference with a contract.
e. Death Row Records was held liable for the tort of intentional interference with a con- tract, and was held liable for compensatory and punitive damages.
21) In Reno, Attorney General of the United States v. American Civil Liberties Union, involving a law restricting the sending of certain sexually oriented information over the Internet, the U.S. Supreme Court ruled that:
a. the Telecommunications Act of 1996 violated the U.S. Constitution for its restrictions on the transfer of indecent material over the Internet.
b. the Communications Decency Act violated the U.S. Constitution for its restrictions on the transfer of indecent material over the Internet.
c. the Internet had grown to a point that it should be placed into private ownership that could contract regarding sexual content with individual service providers.
d. the Communications Decency Act did not violate the U.S. Constitution in any manner.
e. individual states could decide whether the Telecommunications Act of 1996 violated the U.S. Constitution.
22) In order to obtain a domain name, one must:
a. obtain clearance from the U.S. Patent and Trademark office that the name is not con- fusingly similar to another name, and pay the appropriate fee.
b. verify that the name is not already taken, complete a registration form, and pay the appropriate fee.
c. apply for the name with the appropriate county agency; state the purpose for which the name will be used; and if the use is approved, pay the appropriate fee.
d. apply for the name and, if within the waiting period, there are no objections to the ap- plicant taking the name, pay the appropriate fee.
e. post notice at the Network Web office of the intent to use the name, directly notify parties who might object to obtain their waiver of objection, and pay the appropriate fee.
23) The Counterfeit Access Device and Computer Fraud and Abuse Act makes it illegal to do each of the following except:
a. access a computer to knowingly obtain financial records of financial institutions.
b. access a computer to knowingly obtain grades and personal information pertaining to students at a college or university.
c. access a computer to knowingly obtain restricted governmental information.
d. access a computer to knowingly obtain consumer reports of consumer reporting agen- cies.
e. all of the above are illegal under the Counterfeit Access Device and Computer Fraud and Abuse Act.
24) Under the Uniform Computer Information Transactions Act, the licensee can revoke acceptance of the information if:
a. there is a material breach and discovery of the nonconformity was difficult at the time of delivery but was later discovered.
b. there is a breach of any kind and discovery of the nonconformity was difficult at the time of delivery but was later discovered.
c. there is a material breach and after discovering the nonconformity at the time of delivery, the licensor agreed to cure the defect, but has not done so.
d. there is a breach of any kind, and after discovering the nonconformity at the time of delivery, the licensor agreed to cure the defect, but has not done so.
e. A or C will allow the licensee to revoke acceptance.
25) The Electronic Communications Privacy Act makes it a crime to do which of the fol- lowing?
a. To intercept an electronic communication while in transit.
b. To intercept an electronic communication at the point of transmission.
c. To intercept an electronic transmission when stored by a router or server, or after receipt by the intended recipient.
d. Both A and B.
e. A, B, and C.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) What is the definition of “goods” under Article 2 of the UCC?
a. “Goods” are defined as tangible things that are immovable at the time of their identi- fication to the contract.
b. “Goods” are defined as fixtures.
c. “Goods” are defined as intangible things that are immovable at the time of their iden- tification to the contract.
d. “Goods” are defined as intangible things that are movable at the time of their identifi- cation to the contract.
e. “Goods” are defined as tangible things that are movable at the time of their identifica- tion to the contract.
2) Regarding differences under Article 2 of the UCC in the treatment of merchants and nonmerchants, which is true?
a. Article 2 holds merchants to a lower duty than nonmerchants.
b. Article 2 applies to merchants, but never to nonmerchants.
c. Article 2 contains several provisions that either apply only to merchants or impose a greater duty on merchants.
d. Article 2 does not differentiate at all between merchants and nonmerchants, and they are treated the same under all circumstances.
e. None of the above is true.
3) Where a contract for the sale of goods does not mention the place of delivery for the goods, which of the following is true?
a. The seller is obligated to deliver the goods to the buyer’s place of business.
b. The contract fails for failure to state a material term.
c. The seller is obligated to deliver the goods at the seller’s place of business.
d. Sellers without a place of business are obligated to deliver the goods at the seller’s home.
e. Both C and D are true.
4) Under the UCC, if an offer is received by mail, the acceptance:
a. can be made by another means, but only if the offer so states.
b. must also be made by mail.
c. can be made in any commercially reasonable manner.
d. is effective only once it is received by the offeror.
e. can be canceled by the offeree at any time during the period of a firm offer.
5) The parol evidence rule would not allow which of the following items into evidence when i nterpreti ng a written contract?
a. Evidence of the meaning of a term in the parties’ line of business that differs from the meaning of that term in everyday language.
b. Evidence based on prior conduct in similar contracts between the parties to explain the meaning of an ambiguous term in the contract.
c. Evidence of a price change agreed upon after the contract was signed.
d. Evidence of an oral statement regarding the contract price made when the written contract was signed that was different from the price in the written contract.
e. All the above would be allowed into evidence under the parol evidence rule.
6) What is required to meet the writing requirement of the statute of frauds under the UCC?
a. I n cases where both parties are merchants, a writing signed by the party to be charged or a written confirmation of an oral agreement that is sent by one party to the other and not objected to by the other party; in all other transactions, a writing signed by the party to be charged.
b. In cases where at least one party is a merchant, either a writing signed by the party to be charged or a written confirmation of an oral agreement that is sent to the mer- chant and not objected to by the merchant; in transactions not involving a merchant, a writing signed by the person to be charged.
c. I n cases where both parties are merchants, a writing signed by the party other than the party to be charged at the end of the document.
d. In all cases, a writing signed by the party to be charged.
e. In all cases, a writing signed by all parties to the contract.
7) Which of the following is true relating to a “firm offer” under the UCC?
a. It must be in writing and signed by the merchant.
b. It can be made only by a merchant.
c. It may provide that the offer remain open for any period of time up to six months.
d. A, Band C.
e. A and B only.
8) Susan decides to buy new carpet for her home. She goes to Carpet City and chooses the carpet she likes. As part of the deal, Carpet City agrees to install the carpet. The carpet is installed while Susan is at work. When she returns home and sees it, Susan immediately notices problems. The carpet is not the same quality of carpet she or- dered, and the color is off. Does the UCC apply, and why or why not?
a. The UCC does not apply because the deal with Carpet City included service that is not covered by the UCC.
b. The UCC does not apply because it does not apply to mixed contracts of goods and services.
c. The UCC applies because it applies to service contracts as well as to contracts for the sale of goods.
d. The UCC applies because the predominant part of the transaction between Susan and Carpet City was the sale of goods.
e. The UCC does not apply because Susan and Carpet City did not agree in writing be- fore the carpet was installed that the UCC would apply.
9) Which of the following situations creates a sale that falls under UCC sales law rules?
a. Dr. Mackey agrees to teach at Pollak university for 1 year.
b. Abc rentals rents a cement mixer to Isabel.
c. Katherine makes a contract to purchase a shed that requires assembly. The contract price is for $8,000.00 which includes $400.00 for labor.
d. Allison contracts to pay Mike $880.00 to have her bedroom painted. $800.00 is for labor and $80.00 is for the paint.
e. All of the above are UCC sales contracts.
10) Seller who is located in Atlanta, Georgia contracted to sell a shipment of peaches to the 1910 fruit gum company located in Buffalo, New York. The peaches were sold f.o.b. Buffalo. Seller delivered the peaches to the proper carrier in Atlanta and the peaches were destroyed during shipping. Under these facts:
a. Seller bears the risk of loss and is responsible.
b. Seller and buyer share the risk of loss.
c. This is a trick question; goods can’t be shipped f.o.b. Buffalo.
d. Buyer bears the risk of loss and is responsible.
e. Neither the seller nor the buyer bear risk of loss, the carrier bears the risk of loss.
11) Which of the following is true regarding a shipment contract?
a. Such contracts require the seller to bear the risk of loss to the goods during their transportation.
b. The risk of loss does not pass until the goods are tendered to the buyer at the speci- fied destination.
c. It requires the seller to deliver conforming goods to the buyer by use of the seller’s own trucks.
d. It requires the seller to ship goods conforming to the contract to a buyer via a carrier.
e. It requires the seller to deliver conforming goods to a specific destination.
12) When a seller breaches a contract for the sale of goods by delivering nonconforming goods that are so nonconforming that the buyer has the right to reject them, the risk of loss:
a. is unaffected by the seller’s breach.
b. is transferred to the buyer as a matter of law with i n 24 hours.
c. remains on the seller until the nonconformity is cured or the buyer accepts the non- conform i ng goods.
d. remains on the seller indefinitely.
e. is transferred to the buyer upon delivery of the nonconforming goods, but is trans- ferred back to the seller if the buyer returns the goods.
13) Under Article 2A of the UCC, for which types of lease(s) is the risk of loss on the les-
sor during the term of the lease?
a. Ordinary leases.
b. Both ordinary and finance leases.
c. Finance leases.
d. Neither ordinary nor finance leases.
e. Loss-shifting leases.
14) In Lindholm v. Brandt, when Malmberg sold Lindholm’s “Red Elvis” to Brandt, the court found that:
a. Malmberg had been entrusted with the artwork but had a void title because he breached the terms of the entrustment so he couldn’t pass good title to Brandt.
b. Malmberg had been entrusted with the artwork and could pass the voidable title to Brandt because Brandt qualified as a good faith purchaser.
c. Malmberg had stolen the artwork and could pass the void title to Brandt because Brandt qualified as a good faith purchaser.
d. Malmberg had been entrusted with the artwork and could pass the void title to Brandt because Brandt qualified as a good faith purchaser.
e. Malmberg had stolen the artwork, so he couldn’t pass his void title to Brandt.
15) Josh had a computer that needed repair. He took the computer to a used computer dealer that repaired computers as well. While talking with the owner, Josh learned that the owner also knew how to repair bicycles. Josh happened to need some re- pairs done on his bike, so he left it at the computer shop as well. A week later, Josh went to pick up his bike and computer. When he got to the store, the owner said he had bad news. He had hired a new employee who was totally incompetent and had sold a number of items that were in for repair. He sold both Josh’s computer and his bike. The store owner knows who purchased them from the credit card records. In this situation, assuming he can locate the purchasers, Josh can recover:
a. his computer, but not his bike.
b. both his bike and his computer.
c. his bike, but not his computer.
d. neither his bike nor his computer.
e. the computer only if Josh can establish that the purchases had not resold it.
16) Assuming that goods are nonconforming and that the nonconformity substantially impairs their value to this buyer, which of the following additional factors must be present for a val id revocation of the acceptance of goods?
a. Nothing else is necessary to revoke the acceptance of the goods.
b. The goods were accepted on the reasonable assumption that the seller could and would cure the nonconformity.
c. The goods were accepted before the nonconformity was discovered, and the noncon- formity was difficult to discover.
d. Both Band C must be present in order to revoke the acceptance of the goods.
e. If either B or C is present, the acceptance of the goods can be revoked.
17) Which of the following must be met in every instance in order to revoke an accep- tance of goods?
a. The seller’s promise to cure the nonconformity has not been met.
b. The seller must have fully paid for the goods prior to revocation.
c. The nonconformity is one that substantially impairs the value of the goods.
d. The goods were accepted before discovery of the nonconformity and the seller had assured the buyer that the goods were conforming.
e. The goods were accepted before discovery of the nonconformity and the nonconfor- mity was one that was difficult to discover.
18) Which of the following is true regarding the rights of the buyer or lessee if the goods fai I to conform to the sales or lease contract in any way?
a. The buyer or lessee may accept the whole.
b. The buyer or lessee may reject the whole.
c. The buyer or lessee may accept any commercial unit and reject the rest.
d. Both A and B are true.
e. Both A, B, and C are true.
19) What is the right of the buyer or lessee to purchase or rent substitute goods if the seller or lessor fails to make delivery of the goods called?
a. The right to recovery.
b. The right to purchase.
c. The right to cover.
d. The right to recoup.
e. The right to capture.
20) What are the rights of the aggrieved party if an anticipatory repudiation occurs?
a. The aggrieved party may await performance by the repudiating party for a commer-
cially reasonable time.
b. The aggrieved party must await performance for 7 days.
c. The aggrieved party may await performance for 48 hours.
d. The aggrieved party may treat the contract as breached at the time of the anticipatory repudiation, which gives the aggrieved party an immediate cause of action.
e. Both A and D.
21) Which of the following is presumed to become part of the “basis of the bargain”?
a. Statements of “puffing”.
b. All statements of opinion by the seller.
c. All statements of fact by the seller at the time the contract is made.
d. A and Conly.
e. A and B only.
22) Which of the following best describes a defect in packaging under products liability?
a. The packaging of a product fails to contain necessary warnings about the dangers associated with a product.
b. The packaging of a product is such that it allows the product to spoil.
c. The packaging of a product contains misleading or deceptive information about the product contained inside.
d. The packaging of a product, such as a bottle or can, causes an injury to the user.
e. The packaging of a product allows children to access a product, such as drugs or poisons, that is generally safe when used as directed, but can be harmful if not used properly.
23) In Elsroth v. Johnson & Johnson, involving cyanide placed in Tylenol capsules causing Diane Elsroth’s death, the court found:
a. the construction of tamperproof packaging is impossible.
b. Johnson & Johnson had not followed Food and Drug Administration guidelines appro- priately by using only three tamper resistance techniques when a minimum of four were req u ired.
c. liability for defective design involves the product itself but not the product packaging.
d. A and B only.
e. A and Conly.
24) In Philip MorrisUSA v. Williams, the Supreme Court looked at the issue of punitive damages in product liability suits and decided:
a. the Due Process Clause of the Constitution forbids the use of punitive damages to
punish a defendant for injuries to non parties.
b. treble punitive damages are warranted in product liability cases.
c. punitive damages are not permitted in product liability suits.
d. punitive damages may not exceed 9X the compensatory damages.
e. the Equal Protection Clause of the Constitution forbids the use of punitive damages to punish a defendant for injuries to nonparties.
25) Which of the following best describes the defense of correction of a defect?
a. The defense applies even in a situation where a user received a recall notice to correct the defect but did not comply with the notice.
b. It applies only if the manufacturer replaces the defective product at no additional charge to the owner.
c. The defense applies only if the particular sample of the item was repaired, thus fixing the defect.
d. The defense applies if the user realizes there is a defect and assumes the risk.
e. The defense applies if a product is redesigned such that future production does not contain the defect.