Business Law Exam 3

Rico's Grill, Inc., is solely owned by Rico Vito. Rico's Grill borrows $10,000 from a local bank to finance the purchase of a new range. The payments are to be made monthly over a two-year period. The bank:

need not make any special disclosures

Creative Concepts Co. and Retail Investment Inc., form a joint venture to purchase and sell high-end real estate to foreign buyers. Creative Concepts contributes $400,000 in capital, and Retail Investment contributes $600,000 in capital. The first year resulted in $2,000,000 in profits. Unless otherwise agreed, joint venturers:

share profits and losses equally

Ariana is an officer of New Stage, a theater production company. Without telling any other officers or the board of directors, she decides that New Stage should try to sell gardening tools over the Internet. She makes contracts with suppliers and a web-based remote-order-fulfillment company. The only action of the below that may not be taken is:

she can file a lawsuit against the corporation for damages

Byron runs a business cleaning gutters. Lance, who is in a wheelchair, applies for a job working for Byron as a cleaner. Byron does not hire Lance and is very frank about the reason: Lance's disability. If Lance sues Byron,

Byron will win, if he can show that being able to climb a ladder is a requirement of the position

When the timber industry in Montana experiences an economic slump, Superior Logging Co. is forced to lay off a number of its employees, including Larry Kurzyniec. Larry, who had been logging for over eighteen years, suffers from heart disease, high blood pressure, and diabetes. His wife is worried that the family's health-insurance coverage, which is through Superior Logging, will be canceled. Larry learns that he has a right to extend his insurance benefits, however, if he pays the premiums under:

COBRA

A group of fifty homeschooling parents in New Jersey get together and form a nonprofit membership organization for the purpose of buying teaching materials and supplies at a discount and selling the materials and supplies to members. The parents have probably formed a:

Cooperative

Michael creates a new company and wants to attract quality employees, so he establishes a retirement plan. The law regulating this activity is:

ERISA

Redcap Dairies sells to consumers yogurt that it knows to be contaminated by a harmful mold. Redcap Dairies would be held responsible under the:

Federal Food, Drug, and Cosmetic Act.

James was a thirty-eight-year-old man in good health. One of his hands shook slightly for no apparent reason. The doctors could not find a medical cause for it. James's employer worried about the potential for early-onset Parkinson's disease or another neurological disorder, so he fired James. Under the ADA:

James can bring a claim as being "regarded" as having a disability

Byron works at Stitch-Rite Clothing Factory. The company is required to maintain safe working conditions under the: Occupational Safety and Health Act.

Occupational Safety and Health Act.

Lizzie works for Gary in his dance supply shop and is authorized to sell inventory but not to order new merchandise. Rena, a sales representative for a new line of dancewear, comes into the store and Lizzie places an order with her. When Gary learns the details of Lizzie's purchase, he wants to ratify the contract. The one condition that is NOT necessary for ratification is:

Rena must withdraw from the transaction before Gary ratifies it

Melanie and Beau both work in comparable jobs at Technology Impact, Inc. Melanie is paid 15 percent less than Beau. Which of the following is not a legitimate defense to this pay inequality?

The company pays Melanie less, because she has a husband who is a highly successful businessperson

Elliot is suing Acme, Inc., for a breach of contract, but because Acme has very little in assets, he asks the court to pierce the corporate veil and hold the officers personally liable. In which of the following situations would the court likely approve Elliot's request?

The corporation was undercapitalized from the beginning and never had sufficient assets to operate as a viable business.

Jason's consumer debt is beyond what he can now afford to pay; he is having difficulty making the minimum payments. The credit card companies are calling daily asking him when he is going to pay. Which of the following goals of bankruptcy is applicable to Jason's situation?

To protect the debtor by giving him a fresh start without creditors' claims.

Rena incorporates her business, Rena's Rhinestones, in her home state of Maryland. She wants to expand and sell some of her baubles in Virginia. In Virginia, her company will be considered:

a foreign corporation, and she will probably have to obtain a certificate of authority to do business there.

Tuller wants to start a commercial trucking business and also wants to form his own limited liability company (LLC). Tuller, as the only member of the LLC, will make all relevant decisions, contribute all of the investment, and be responsible for all of the risks and rewards. Tuller's proposed LLC will be accepted by:

a majority of states

Bartell contracts with LaRonda to remodel and retile a bathroom. LaRonda finishes the job and gives Bartell a bill for $14,000 for labor and materials. Bartell refuses to pay. In this case, LaRonda may seek:

a mechanic's lien

Hady's Health Services advertises numerous "miracle cures" such as a hair growth cure for baldness. The FTC has received numerous complaints about several of these cures. The FTC most likely will require Hady's to stop false advertising for all of its products by issuing:

a multiple product order

Gina buys a piece of pottery from Woodward for her principal, Kelvin. If Woodward knows that Gina is buying the pottery on behalf of someone other than herself but does not know the identity of that person, Kelvin is:

a partially disclosed principal.

Norman is a franchisee of MegaFurnishings, a furniture store. Norman breaches the franchise agreement. The contract states that the franchisee (Norman) must be given notice of termination but does not specify a time for termination in the agreement. In this case, MegaFurnishings must give:

a reasonable time, with notice, to wind up the business

Dara gives her agent, Marla, money to purchase a new commercial oven. Marla takes the money and deposits it into her personal checking account. Marla then accidentally spends some of Dara's money. Marla has violated her duty of:

accounting

Micah and Jonah want to start a corporation but want to be taxed as a partnership. They should form:

an S corporation

Dina and Michelle buy a house together and sign a document to borrow some of the money for the house. The contract provides that they will pay a single rate of interest for the first five years of the loan, and then the rate will vary depending on a specific index rate. This type of contract is:

an adjustable-rate mortgage

Rick agrees to customize Melissa's wedding ring. The cost is $10,000. After the job is complete, Melissa refuses to pay. As long as Rick retains possession of the ring, he may seek to recover the cost of the labor with:

an artisan's lien

Napoleon owns Napoleon's Construction and agrees to renovate Mrs. Cernan's bathroom. She will provide him with the plans, and then he will do the work in the manner that he determines is most cost effective and appropriate. Napoleon is likely to be classified as:

an independent contractor

Whitney works at home making unique children's clothes. Liam buys Whitney's clothes to sell in his store. With respect to Whitney's legal relationship to Liam, she is probably:

an independent contractor

Michael opens an upscale men's clothing store. He borrows money to rent space and buys inventory on credit. Unfortunately, business is weak. He promises his creditors that he will be able to pay them after the next season. Business does not improve, and two years later, his creditors seek to force him into Chapter 7 bankruptcy through:

an involuntary bankruptcy

Dean is not Paul's agent, but Paul tells Charlie that Dean has always been a good friend and can "handle any of my business affairs." If Dean were to later enter into a contract with Charlie on Paul's behalf, Dean would be acting under an:

apparent authority.

Tyler and Stanton are members of an LLC. They have no operating agreement. Tyler and Stanton have a dispute. They look to the LLC statute for an answer, but the statute does not cover this situation. In this case, courts often:

apply state partnership law

Jason, Julian, and Rebecca are members of a longstanding and successful LLC. The three members want to dissolve their LLC and distribute their assets, but they know the LLC has debts as well. Once all the LLC's assets have been sold, the proceeds:

are distributed to pay off creditors first and member capital contributions next. Any remaining amounts are then distributed to members in equal shares or according to the operating agreement.

To start his business, Neil borrows money from every source available to him, including all his credit cards and a line of credit at his bank. The business fails, and Neil files a voluntary Chapter 7 petition in good faith to discharge his debts. He returns to work as an attorney, where he makes over twice the median family income in his state. Neil's debts will most likely:

be paid, at least in part, after his case is converted to a Chapter 13 repayment plan

Jason instructs his agent Miguel to obtain a piece of artwork from Martina by threatening to beat her if she refuses to sell the artwork. Miguel follows Jason's instruction and beats Martina when she refuses to sell the item. In this situation:

both Jason and Miguel are liable for Martina's injuries

Charlie tells Jamal that Marisol has agreed to allow him to sell her racing bicycle. Marisol is present at the time, hears the conversation and says nothing. Jamal agrees with Charlie to buy Marisol's bike. Marisol then refuses to sell the bicycle. Marisol claims that she is not bound by the agreement formed by Charlie and Jamal, because Charlie is not her agent. Marisol likely is:

bound by the contract under a theory of agency by estoppel

As a director and officer of Max Transport, Inc., Max would most likely be considered to have breached his duty of loyalty if he:

buys stock in Arnold's Transport, Inc., a competing trucking firm

Kris represents Josh in the sale of his house as his real estate agent. Kris is entitled to:

compensation

Jared works on the assembly line at a manufacturing plant. At the beginning of the year, Jared bought a house and moved out of his apartment. To furnish his house, he bought lots of new furniture. He also purchased many maintenance supplies and decorations. By the end of the year, Jared realized that he was going to have to declare bankruptcy. Jared is an example of a:

consumer-debtor

Catherine works for BluCorp, which has an employee handbook stating that employees will be terminated for good cause. Catherine's manager fires her one morning and when asked the reason, states that he does not need a reason since they live in a state that has employment at will. If Catherine wins her lawsuit against BluCorp, it is because of the:

contract exception to employment at will

Keenan wants to incorporate his business. Keenan follows the rules for incorporation in his state, including a statement that he is the sole shareholder, and he is granted a certificate of incorporation for "Keenan's Kwips Co." He buys business cards and labels with the name "Keenan's Kwips Co." on them and begins selling gag gifts. Keenan's business is probably a:

de jure corporation.

Ace Products manufactures and markets a product called Grow Tall. Ace claims in its advertising that Grow Tall will make its users grow a minimum of six inches taller than their current height. The Federal Trade Commission (FTC) will likely find that the ad is:

deceptive, and the FTC may issue a cease-and-desist order.

Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of:

disparate-treatment discrimination

Madeline very much wants to be a franchisee of BurgerBarn, a popular chain style business operation. BurgerBarn shows Madeline the franchise contract, which includes the requirement that all franchisees are required to obtain materials and supplies exclusively from BurgerBarn. Madeline objects to this provision. This contract term is:

enforceable, because franchisors are permitted to require franchisees to obtain materials and supplies only from them.

Jasmine's General Store advertises cans of X-brand tomatoes for $.33 per can, although she does not have any in stock. When customers arrive to buy the tomatoes, Jasmine tells them that her stock of tomatoes has been sold and that she cannot get more at the lower price. She tells customers she has Y-brand tomatoes in stock for $.55 per can and that the Y-brand tomatoes are far superior to the X-brand. Jasmine is:

engaging in bait-and-switch advertising

Ashley is an eighteen-year-old clerk in a store that sells bird seed. She earns minimum wage. Her boss, Trina, often expects her to stay and work as many as three hours longer than her scheduled shift. Trina never pays Ashley for these hours. Ashley is:

entitled not only to be paid for the additional time, but also to be paid overtime if she works more than forty hours in a week

The directors and officers of Sports Color, Inc., vote to refuse to declare a dividend. The shareholders can:

file an action to require the directors to declare a dividend

Western Fitness advertised a new Omnibike specially designed to help users lose weight faster. It cited the example of Julie, who lost weight faster on the Omnibike than with other exercise products. What Western Fitness did not disclose is that in their study of thirty users of the Omnibike, Julie was the only one who lost weight faster than with other exercise products. Western Fitness's claims are:

half-truths, which would likely constitute deceptive advertising.

American Insurance Co. reviewed its customers for creditworthiness. American Insurance found that a number of its customers had lower credit scores than expected. Without disclosing the reason, American Insurance increased the rates of insurance on new customers who had credit scores below a certain threshold. American Insurance:

has committed a willful violation of the Fair Credit Reporting Act

Yakov hires Melina to be his Vice President for Marketing. The job description is pretty broad but does not include the ability to hire or terminate lower level employees in the Marketing division. If Melina has this power, it is based on her:

implied authority.

Veronica's corn cakes are packaged with labels that say "Veronica's delicious popped corn cakes. 20 popped corn cakes. Net weight: 5.3oz. Manufactured in Plano, Texas." Regarding the Fair Packaging and Labeling Act, the label is missing:

information about the packager or distributor.

Ramona discovers that a credit reporting agency shows her having not paid a loan that she paid off last year. She writes to the credit reporting agency and requests an investigation. The agency must:

investigate and delete any errors in Ramona's report

Floors R Us, a franchisor, cancels its franchise agreement with Bernardo, the franchisee, without any notice. Floor's action:

is likely a wrongful termination

Erin works for a dry-cleaning company that has a contract with the U.S. government. To save on cleaning fluid, her boss orders her to wash some dry clean-only clothes in a washing machine. When the courier hired to pick up the cleaned garments arrives, Erin tells him about her boss's actions. Erin tells no one else about what is going on and is later fired. Erin:

is not protected by the Federal whistleblower statute, because she failed to inform the proper party of the contract violation.

Orville and Perry are negotiating a franchise agreement. Perry, the potential franchisee, asks Orville for information about the franchise. In this case, Orville:

is required to disclose certain material facts that a prospective franchisee needs to make an informed decision concerning the purchase of a franchise.

Adam owns a private company and has significant concerns about employees shopping and accessing pornography while at work, so he buys some filtering software that blocks shopping and pornography websites. Adam:

is within his rights to do this.

Sam goes out shopping and, using his wife Juanita's credit card, buys $221 worth of groceries. Under agency law, Juanita will probably be deemed:

liable for the purchase, based on the creation of an agency by operation of law.

Jacob and Kristen are parties to a franchise agreement. Jacob is the franchisor and Kristen is the franchisee. Although Kristen's franchise is highly profitable and conforms to the franchise contract, Jacob terminates Kristen's franchise and gives it to his nephew Louis. In most cases, Jacob's action is:

likely a wrongful termination.

Charlotte and Regina are opening a new business venture to sell gourmet cupcakes. One of the important characteristics in choosing to form a limited liability company instead of a different business entity is:

limited liability for members.

Tammi purchases stock in Vivaldi Corporation. Vivaldi Corporation later encounters legal issues and faces significant legal claims. As a shareholder, Tammi's liability is:

limited to her investment in the stock.

Quentin operates an ice cream franchise. CoolCream Co., the franchisor, supplies the ingredients and formula so that Quentin can create the ice cream in his store and sell it fresh to customers. This relationship is known as a:

manufacturing or processing-plant arrangement

Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church:

may assert a bona fide occupational qualification (BFOQ) defense.

Rosie hired Donald to perform repairs on some farm equipment she owned. Donald allowed Rosie to have the equipment before she paid for the repairs. When it became obvious that Rosie was not going to pay him, Donald successfully sued her for breach of contract. Rosie did not pay the judgment, and the tractor was destroyed in a fire. Rosie has no other valuable property that can be seized to satisfy the judgment, but she does have a job. Donald:

may seek an order of garnishment

Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer:

might be engaged in disparate-impact discrimination.

Donald is buying a house and obtains a loan from the lender. The document that Donald signs giving the lender an interest in Donald's house as security for a debt is called a:

mortgage

Rhonda is not hired for her dream position and believes that she is the victim of gender discrimination. She is angry and wants to file a lawsuit immediately in the closest courthouse she can find. Rhonda:

must first file a complaint with the EEOC

Carl is negotiating a franchise contract with Frank's Deli, a franchisor and a competitor of McDonald's. Frank's Deli is willing to give Carl "territorial rights" to Orange County, where Frank will open his franchise. Frank's Deli, however, will not specifically state that the franchise given to Carl is exclusive. The territorial rights clause will most likely:

not help Carl keep out other franchises, because the territorial rights are not exclusive

Melissa works as a computer data-entry operator at VeraSign. Melissa informs VeraSign that she was just diagnosed with carpal tunnel syndrome, which causes pain in her wrists, rendering her unable to use a keyboard. Melissa requests as an accommodation that VeraSign hire a data-entry employee to enter the information on her behalf. VeraSign refuses to do so. VeraSign has:

not violated the ADA, because the requested accommodation is an undue hardship on the employer.

Marvin and Maria start selling handmade jewelry to distributors nationwide and intend to form an LLC. Marvin and Maria enter into four contracts with distributors while the LLC is in the process of being formed but before the LLC is formally in existence. Once Marvin and Maria form the LLC:

once the LLC is formed and adopts the contracts, it can then enforce the contract terms

Sarah has to move from the East Coast to the West Coast for her job. Elmo agrees to act as Sarah's agent to sell her New York condo. As her agent, Elmo owes Sarah all of the following duties except:

payment.

Abby and Zeke begin a joint venture together selling fruitcakes door to door. Each invests $500. The joint venture generates large debts, and there is not sufficient income from the joint venture to pay them. Abby and Zeke as joint venturers are:

personally liable

Sarah owns half of Smith Realty, Inc., and her brother, Bill, owns the other half. Sarah routinely uses the company car, which is supposed to be used only for taking clients to view property, to run her personal errands. She also routinely uses company funds for personal uses, but always pays the money back in to the corporation. When Smith Realty failed to pay its lawyer for work completed on its behalf, the lawyer sued both Smith Realty as well as Sarah and Bill personally. In this situation the court likely will:

pierce the corporate veil due to Sarah's commingling of interests

Wilson, Bart, and Susan Fields decide to set up a corporation together called Fields, Inc. They follow the correct procedures for establishing their corporation, but once it is established they do not hold regular corporation meetings. Since they are all related, they just conduct their communications and business related to Fields, Inc. at their family gatherings and over casual phone conversations. When Fields, Inc., is sued for failing to pay some outstanding debts, the court likely will:

pierce the corporate veil due to the failure to hold required corporation meetings.

George owns 300 shares of preferred stock in a company. By owning preferred stock, George has:

priority over holders of common stock as to dividends

Suzy signs a written agreement with Phillip, giving Phillip the right to cast Suzy's votes for a certain group of people nominated for the Syllibar Corporation board of directors. This agreement between Suzy and Phillip is known as a:

proxy.

Melon Lawn Co. advertises its new XJ200 lawn mower. Salespersons describing the XJ200 on behalf of Melon Lawn describe it as a "fabulous new mower" that will "take landscaping by storm." Melon Lawn's salespersons are engaging in:

puffery

Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as:

quid pro quo harassment

Marsha is a sole proprietor of a small quilting shop. She has considered changing her business structure, but she cannot find an alternative structure that would give her the main advantage she enjoys as a sole owner. The major advantage is that she:

receives all the profits

The Consumer Product Safety Commission (CPSC) determines that a Bee Jeep, a toy Jeep in which children ride, is unsafe. The CPSC has the power to:

remove the Jeeps from the market

Tough TVs, a corporation, makes a profit in its first year of existence. The managers of the corporation decide to reinvest the profits. The reinvested profits are called:

retained earnings.

Yen grants his cousin, Art, a franchise in Yen's sandwich shop. Yen writes the agreement so that he controls every detail of Art's shop such that it is exactly the same as Yen's original shop. Yen even consults with Art about hiring employees and safety practices. One of Art's employees fails to clean up a spill, and a customer is injured. The customer sues Yen. In this case, Yen:

risks liability under the doctrine of respondeat superior

Robert attempts to avoid paying Andrew a commission on the sale of his house to a buyer procured by Andrew. He does so by waiting until after the listing agreement has expired. Andrew finds out about this after Robert sells his house. Andrew can:

sue Robert for breach of contract

Wally is blind and would like to work for Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated:

the ADA

Mary is a lender who offers credit throughout the United States. John applies for credit to start a restaurant business. Mary denies John credit, because she believes that older persons like John are not reliable for paying back debt. Mary has violated:

the Equal Credit Opportunity Act

Josh works for a federal governmental agency that requires drug testing as a condition of employment. He wants to challenge the constitutionality of the testing in court. For his case, Josh will attempt to rely on:

the Fourth Amendment

Matt and Chad form an LLC, and Matt later decides to withdraw as a member. They do not have a provision in their operating agreement regarding withdrawal of a member, but they do live in a state that has adopted the ULLCA, which means that:

the LLC must purchase Matt's interest at fair value within 120 days.

Cowland, Inc., manufactures a low-cost generic cheese alternative. It adds a filler to the meat that it does not list on its label. Cowland's actions violate federal requirements relating to the labeling of food products. These requirements are enforced by:

the U.S. Food and Drug Administration and the U.S. Department of Agriculture

Norm worked as a sales person for his firm. When he turned fifty, the office had a party for him. His boss made a lot of jokes about Norm getting too old to keep up with the younger staff. Those comments continued past the party for several months. Norm was fired six months later. When he filed a complaint for age discrimination, the boss defended his actions by saying Norm was fired for not meeting sales quotas. Norm had missed his quota for only one month, and he provided evidence that younger employees who had missed up to three months of the quotas were not terminated. Norm is attempting to show that:

the employer's defense was a pretext.

Carter University has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy may violate which clause of the U.S. Constitution?

the equal protection clause.

Mack is negotiating a franchise agreement with BigCo. The parties are discussing payment terms. Generally, payment in a franchise agreement is as follows:

the franchisor receives a stated percentage of the annual (or monthly) sales or volume of business done by the franchisee

Mary, Thomas, and Franklin form an LLC for the purpose of running a restaurant. Each invests $10,000 into the LLC, and the restaurant gets off to a good start. Two months after the LLC is formed, Joanne patronizes the restaurant and suffers from severe food poisoning. If Joanne sues the LLC,

the members could be liable for $10,000 each, the amount of their investment

Product Management, LLC has forty members. Two of the members died the previous year. Under the Uniform Limited Liability Company Act (ULLCA), on the death of the two members:

the other members may continue to carry on the LLC's business, unless the operating agreement provides otherwise.

Selena signs a power of attorney appointing Kim, for the sole purpose of signing paperwork on her behalf that relates to the sale of her house. The power of attorney will automatically terminate based on:

the purpose being achieved.

The seven members of Fast Commerce, LLC, want to start their company as quickly as possible. The members, in their haste, do not bother to draft an operating agreement. If a dispute arises between two of the members:

the state LLC statute will apply to the dispute

Choice is the largest employer in the Pacific Northwest. It is covered by numerous federal employment laws. As such, it is required by the Family and Medical Leave Act of 1993 to provide employees with up to

twelve weeks of unpaid family or medical leave during any twelve-month period

When Kimberly begins working for Pharmco Industries, the company tells her that at a future date, after so many years of employment with the company, she can receive retirement pay. Her rights on that date to receive pay upon retirement would be considered:

vested

Kay runs a business with a target customer population of twenty- to forty-five-year-olds. Because she wants her employees to be "in tune" with the younger crowd, she requires all of her front staff to quit or retire from her company at the age of fifty. This:

violates the Age Discrimination in Employment Act.

Trey owns 250 shares of common stock in a toy store company. This means that he owns a percentage of the company based on the proportion of shares he owns out of the total shares issued by the company. With this ownership he also acquires rights to:

vote

Kurt is 52 years old and, until recently, worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer, because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he:

was replaced by someone younger than 40 years old

Rheingold Supply has a seniority system by which employees who have worked the longest are first in line for promotions and last to be laid off. As a result, most of the senior managers at Rheingold Supply are men. If Jane files a claim of illegal discrimination, Rheingold Supply:

will have a legitimate defense, because Rheingold Supply has a seniority system in place

Jason is a small-business owner. He has a dry cleaning business. One year, Jason has to replace nearly all of his equipment, and the rent on his building increases. Jason borrows money to cover his expenses. Business is slow, however, and Jason eventually realizes he must declare bankruptcy. Neither Jason nor his creditor wants the expense and hassle of going to court. They can settle their creditor-debtor relations outside of court through a:

workout

Eric brings a valuable watch to Sherry's clock shop for repairs. One of Sherry's assistants mistakenly allows Eric to take the watch without paying for the repairs. Sherry sues Eric to recover payment for the repairs, and she asks the court to direct the sheriff to seize and take custody of the watch before the trial. Sherry is seeking a:

writ of attachment