Business Law Final

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Which of the following is not a basis for a "bona fide occupational qualification" (BFOQ)? race gender national origin age

age

Each administrative agency can decide on its own procedures.

false

Substantive due process is concerned with the process that an individual goes through when his or her rights are being taken away.

false

Local courts have jurisdiction to review local bankruptcy claims.

false

_____ proceedings tend to be the least formal. Criminal Civil Appeal Agency

agency

Congressman Canton was campaigning for a new term of office. He was running short of campaign funds and saw no problem in accepting money offered by Burt. Burt warned Canton that receiving more money was contingent on Canton voting against the "Environmental Clean-up Bill," which would have an adverse effect on Burt's wood pulp-processing facility. By giving the money, Burt is guilty of _____. bribery negligence strict liability assault

bribery

Chaz broke off his engagement to Tiffany and demanded the expensive engagement ring back. Tiffany was so despondent that she cried for a week. One night she decided to take action. Tiffany knew that Chaz was at a poker party with his buddies and where the condominium key was hidden. She took the key, opened the door and rifled through his dresser drawers until she found her ring. She took the ring to a pawn shop. Tiffany is guilty of _____. burglary trespass robbery conversion

burglary

A government "taking" of property under the Fifth Amendment _____. is illegal in all circumstances can be done for public use can be done for private use can be done for public use and can be done for private use

can be done for public use

A website's privacy policy grants the website the right to do what? collect its users' personal information use its users' posts and photographs to gather information about its consumers sell its users' personal information to third parties for them to market to specific customers use its users' personal information in its advertisements

collect its users' personal info

A senator serves for eight years.

false

According to the International Trade Administration's 2010 statistics, just over ten percent of America's 30 million companies export.

false

Key areas that the GATT's Uruguay Round of Negotiations impacted are trade in services, dispute resolution, intellectual property, trade policy review mechanisms, and the founding of the International Monetary Fund (IMF).

false

Patents become generic over time.

false

The Family and Medical Leave Act (FMLA) allows a person to take up to twelve work weeks of leave for ______. unspecified personal time family and medical reasons divorce and child custody proceedings sabbatical

family/medical

Your client is a corporation, Pros, who is working with another corporation, Cons, to build an office building downtown. Cons has started to force Pros to use their subcontractors, none of whom speak English and all of whom appear to be under the age of fifteen. Cons has required Pros to include the hire of their subcontractors, and they plan to enforce this contract in court. Which legal issue is raised above? duress illegality fraud unconscionability

illegality

Dirk was so happy that he had passed his state Bar examination that he wanted to share his happiness with the world. He shoved all of his law books off his desk and out the window of his third-floor apartment. One of the books hit and mortally wounded Pete the pedestrian. Dirk is guilty of _____. negligence strict liability manslaughter involuntary manslaughter

involuntary manslaughter

The US constitution does not state age and residence requirements for _____. members of the Senate members of the judiciary the president members of the House of Representatives

judiciary

A person who holds him- or herself out as a specialist or knowledgeable in a certain type of business is one type of _____. negotiator merchant offeree buyer

merchant

Merritt was sixteen when she pulled the trigger and shot and killed Cesar to steal his car. Merritt cannot be sentenced to death, even in a state where the death penalty is allowed, because she is a _____. woman minor student first-time offender

minor

Which crime is not covered by the statute of limitations? battery murder voluntary manslaughter rape

murder

Compared to criminal or civil courts, agency hearings deal with more _____ issues. broad complicated bureaucratic narrow

narrow issues

Gus decides to park his camper in an empty overgrown lot and connects wires from his camper to an electric pole to obtain electricity. Because Gus's actions in connecting wires more than likely violate a county ordinance or state law preventing individuals from connecting wires to power cables installed by the electric company, Gus is liable for _____. trespass negligence fraud nuisance

negligence

A book about intellectual property receives ___________ protection.

patent

Name the key player in staffing administrative agencies. chief justice of the Supreme Court the vice president the president speaker of the house

president

The Federal Trade Commission (FTC) can do all of the following except _____. prevent all unfavorable advertising prevent unfair business practices seek monetary compensation for injured consumers prescribe trade regulation rules

prevent all unfavorable ads

In an agency hearing, the burden of proof is on the ______. plaintiff prosecution defendant proponent of the ruling

proponent of the ruling

The Clean Air Act (CAA) of 1970 did all of the following except _____. establish the National Ambient Air Quality Standards (NAAQS) reduce the federal government's enforcement authority introduce motor vehicle emissions controls create State Improvement Plans (SIP) to promote better air quality

reduce federal government authority

The offeror may _____ the offer at any time prior to acceptance. renew revoke revise all of the above

revoke

Enrico waited ten years to file a cause of action against Frederico for a breach of contract claim. Frederico can use ______ as his defense. necessity insanity statute of limitations ignorance of the law

statute of limitations

Which is not one of the functions of the Bureau of Consumer Protection (BCP)? conducts investigations educates consumers and businesses sues companies and people violating consumer laws takes over consumer-fraud and identity-theft complaints from law enforcement

takes over complaints

Which is not a fundamental right? the right to travel the right to vote the right to work the right to marry

to work

"Likelihood of confusion" allows an intellectual property owner to pursue an infringement claim for a

trademark

The duration of this intellectual property protection is 10 years. trademark patent copyright none of these

trademark

When registering this intellectual property, its creator needs to declare whether it is already "in use" or whether he or she "intends to use it" in the near future. trademark patent copyright none of these

trademark

"Genericide" applies to

trademarks

Fanciful, arbitrary, descriptive, and suggestive are types of

trademarks

The Lanham Act applies to __________________ through the Commerce Clause.

trademarks

Gus decides to park his camper in an empty overgrown lot and connects wires from his camper to an electric pole to obtain electricity. Gus is liable for _____. trespass negligence fraud nuisance

trespass

A "bona fide occupational qualification" allows an employer to select an employee based on race, color, sex, religion, or national origin.

true

A "writ of certiorari" is an order from the Supreme Court to a lower court to forward all documents from a particular case for review.

true

A company can have a mandatory arbitration clause in its employment contract.

true

A contract is formed even if the offeree does not verbally say, "OK, I accept," but instead hands the offeror enough money to pay in full.

true

A copyright for a work created on or after January 1, 1978 lasts for the author's life plus seventy years.

true

A guilty plea at an arraignment can be used against a defendant in civil court.

true

A heart specialist operating on a patient has a higher duty of care than a resident attempting the same procedure.

true

A law-enforcement officer or government agent doesn't need a search warrant to search the premises of a munitions factory.

true

A member of the House of Representatives would have to serve two terms to equal one term of the president.

true

A perpetrator of a crime can use duress as a defense if he or she is forced to do something against his or her will.

true

A person can file for trademark protection even if he or she has not yet used the trademark.

true

A sole proprietor can be the agent in a business relationship.

true

A sole proprietor can be the principal in a business relationship.

true

A suspect can have a lawyer present during interrogation.

true

Additional protections provided by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) are that (a) computer programs receive copyright protection (protected as literary works), (b) rental rights receive copyright protection, (c) service marks receive the same protection as trademarks, (d) geographic indications are protected, (e) industrial designs are protected for at least ten years, and (f) patent protections for both products and processes lasts for at least twenty years.

true

Agency tenets apply mostly to employer-employee type relationships.

true

An adversarial legal system allows the two opposing sides to present their arguments and witnesses before an impartial judge or jury.

true

An hourly employee without an employment contract can file a civil claim in court against his or her employer if a dispute arises.

true

Career opportunities in the legal profession exist in both the private and public sectors.

true

Claire invited Hazel to a drive-in movie on their bicycles. As dusk fell and the film began, the girls drove in a side gate on their bicycles. Hazel and Claire are guilty of trespass.

true

Commander in Chief, receiving ambassadors and other public ministers, and taking care that the laws be faithfully executed are powers that the US Constitution grants to the president that allows him or her to enter into executive agreements.

true

Gabel has not paid his rent for two months. His landlord, Chuck, sent him a notice that if he did not receive at least one month's back rent along with the next month's rent within fourteen days, Chuck would pursue legal action against Gabel. Fifteen days have passed, and Chuck never heard from Gabel. He decides to try out alternative dispute resolution (ADR), which he's been reading a lot about lately, and schedules a mediation with Gabel, who he had considered a good tenant before he stopped paying rent a couple of months ago. This is a good idea.

true

General principles of law do not carry the same authority as do treaties or customary international law.

true

Geographic names identify the place of a product as well as certain characteristics associated with the place.

true

If a door-to-door salesman refuses to leave your front doorstep unless you buy a vacuum, this is a contract that can be invalidated because it was created under duress.

true

If an individual confesses to a crime, no trial is held.

true

Import quotas, customs valuations, government subsidies, health and safety regulations, and import licensing procedures are all non-tariff barriers that make it difficult for an exporter to gain entry into another country's market.

true

Most Favored Nation (MFN) status and national treatment are also included in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

true

No legal capacity to contract can involve a corporation if the agent who accepts the offer does not have authority to contract.

true

Offering a false contract to sign is fraud in the execution.

true

Offering false statements in a contract is fraud in the execution.

true

Parties to an administrative hearing may subpoena witnesses if they choose not to testify willingly.

true

Since you are selling friendship bracelets online, the Internet service provider (ISP) is your agent.

true

The "first to file" rather than the "first to invent" patent regime is followed by a majority of world countries.

true

The Berne Conventions provides for international protection of copyrights.

true

The Court of International Trade is a "special" court.

true

The Equal Employment Opportunity Commission (EEOC) is the agency that administers Title VII and issues rules and regulations.

true

The Equal Protection Clause of the Fourteenth Amendment provides equal protection of the laws to all individuals regardless of their race, gender, or age.

true

The Federal Register is published daily and contains proposed rules, amended rules and regulations.

true

The General Agreement on Tariffs and Trade (GATT) served as an unofficial trade organization for almost fifty years.

true

The US Senate can approve a treaty with a super-majority or two-thirds vote.

true

The majority of exporters are small and medium-sized businesses.

true

The president is chief executive of the United States; governors are chief executives of their respective states.

true

The utility patent is the most common type of patent.

true

Two global institutions or organizations that have had a significant impact on international law and trade are the United Nations (UN) and the International Monetary Fund (IMF).

true

Two merchants agree to a sale of 100 pounds of flour to make donuts. The buyer's standard-form agreement does not state a time for delivery, and the seller's standard-form agreement states a timeframe of thirty days for delivery. The two businesses continue along, business as usual, despite the disagreement in their forms, but the contract has been accepted. The time for delivery of the flour will be upheld according to the UCC's gap fillers.

true

Under the Commerce Clause, Congress regulates mainly interstate Commerce.

true

Unilateral and bilateral mistakes can invalidate a contract at formation.

true

When an individual creates a false corporation to shield or hide wrongdoing by the individual, this is called a corporate veil.

true

When filing a case in federal court, the plaintiff (the person bringing the case) needs to show that he or she will be directly affected by the outcome of a case.

true

Xavier finished planting his last bonsai tree for his Japanese garden, complete with a koi pond and gazebo. Unfortunately, the garden wasn't yet fenced in and he already noticed neighborhood children sneaking in to look at the fish. Eight-year-old Josh wants to take a picture of a fish, but trips and falls on a rock bordering the pond. Xavier could be held liable for negligence.

true

You and your brother agree (your mother disagrees) to merge the corporation into a larger insignia brand of third-world sweatshop-made imitation friendship bracelets called Phooey Buitton (PB) by creating stocks and selling them to PB. You do this in the midst of the corporate veil lawsuit so that PB absorbs the lawsuit as among BBFB's assets and liabilities. This is legal.

true

You are selling friendship bracelets online and the ISP posts bracelets that are made by the famous bracelet maker, P. Navajo. You see the error but fail to correct it; you are not liable.

true

You begin having a garage sale twice a summer and continue doing so for several years, and you have a sort of "clientele"; you know the types of items that they like to purchase and set aside specific things for them. According to the UCC, you are a merchant.

true

You can sign a contract using a ringtone from your favorite song.

true

You decide to start operating a business selling friendship bracelets online, in your own name, and with your own address. You do not have or use an official business name or moniker. You are a sole proprietor.

true

You decide to start operating a business selling friendship bracelets online; if one of the bracelets you sold falls apart, you are liable.

true

Which is NOT a type of warranty in UCC Article 2 for the sales of goods? warranty of title warranty of merchantability warranty of consumerability warranty of fitness for a particular purpose

warranty of merchantability

______ occurs when an employee is fired in violation of public policy. Employment discrimination Retaliatory discharge Wrongful discharge Professional negligence

wrongful discharge

A website for mountain bikes offers no Purchase and Return Policy on their website, but an extensive agreement came with the bike, and it was twenty-five pages long in booklet form, in incredibly small print, and half of it was in Spanish. However, contained within the small print is the information that the Seller's Policy is to allow returns within seven days of purchase. If the buyer/offeree tries to return the bike immediately upon receipt, she still receives a complete refund.

yes

Alonso made an offer to Charles to sell his car to him for $5,000 anytime before the end of June, but it wasn't in writing. Is the offer valid?

yes

Azalea and Bonnie have a written contract that Azalea will give Bonnie her 2010 Honda Accord in exchange for Bonnie's renovating Azalea's cottage on the lake. Is this a valid contract?

yes

Samuel K. Jenkins is thirty-five years old and lives in New Mexico. He would like to run for president. What else do we need to know about his qualifications to determine whether he is eligible? how long he has lived in New Mexico where he was born whether his spouse is a US citizen both the first & second answers

1 & 2

The Bill of Rights applies to states through _____. the Fourteenth Amendment the Tenth Amendment the Fifth Amendment both the first & third answers

14th

A website's Terms of Use grants the website the right to do what? use its users' posts and photographs to gather information about its consumers sell its users' personal information to third parties for them to market to specific customers use your personal information in its advertisements both the first and third answers

1st and 3rd

When the standard-form agreements used by two businesses contain different or opposing terms for important provisions of their contract together, the UCC section that applies is _____. 1-107 2-207 3-307 4-407

2-207

Which Amendment does not apply to the states? the First Amendment the Second Amendment the Fourth Amendment the Fifth Amendment

2nd

A random drug test represents a "search" under which Amendment? the First the Fourth the Fifth the Sixth

Officer Jax was new on the job. He saw a man dressed all in black sneak in to an apartment through the front door. Jax followed him and busted down the door. He grabbed the man in black and yelled, "Got ya', you crook!" The man lived there and was quietly entering the apartment, because his wife, who was a nurse and had worked the night shift, was still asleep. Jax violated the man's rights against unreasonable searches and seizures guaranteed by which Amendment? the Fifth Amendment the Eighth Amendment the Fourth Amendment the Sixth Amendment

4th

Approximately how many federal district courts are there? just over ninety just over eighty just over seventy just over sixty

Who appoints ambassadors? the president, with the advice and consent of the senate the president, with the advice and consent of the House of Representatives the president alone the Supreme Court

Which of the following is an alternative to bankruptcy that is completed in the state court, rather than the federal court? Out-of-Court Workout Assignment of Benefit for Creditors (ABC) Chapter 7 Chapter 11

ABC

Which proceeding uses an Assignee that is chosen by the debtor rather than a Trustee? Out-of-Court Workout Assignment of Benefit for Creditors (ABC) Chapter 7 Chapter 11

ABC

An administrative agency looks to what legislation for guidelines regarding adjudication? Age Discrimination in Employment Act (ADEA) Civil Rights Act of 1964 Administrative Procedure Act (APA) Federal Insurance Contribution Act (FICA)

APA

What publication is published by the Government Printing Office (GPO) and provides information on various rules and regulations divided into fifty titles? the Code of Federal Regulations (CFR) the Federal Register Statutes at Large the US Code

CFR

Which of the following is not a consumer-protection or advocacy organization? Kids in Danger (KID) Center for Science in the Public Interest (CSPI) Consumers Together (CT) Consumer Federation of America (CFA)

The act or acts that provides the steps for the Notice-and-Takedown procedures is _____. Communications Decency Act Stored Communications Act Digital Millennium Copyright Act (DMCA) both the first and second answers

DMCA

The act or acts that require the consumer to consent to both the form of the agreement and the agreement itself is _____. UETA E-SIGN DMCA both the first and second answers

E-Sign

A statute that allows an agency to be formed is a(n) ______. Agency Formation Act Enabling Act Statutory Act Statute at Large

Enabling Act

The law or act that protects against invasive acts by a government actor using electronic devices is _____. Communications Decency Act Stored Communications Act The Fourth Amendment of the US Constitution all of the above

Fourth Amendment

Loretta Bolero wants to run for office but cannot devote more than two years to the job. What office do you suggest that Loretta think about running for? a vacant senate seat a vacant seat in the House of Representatives the presidency

House of Representatives

Your client is a corporation, Pros, who is working with another corporation, Cons, to build an office building downtown. Cons is a megacorporation and practically has a monopoly on construction materials and so has started to withhold timely delivery of materials in order to make new demands on Pros, like adding additional features that will cost Pros more in the end, and says things like, "take it or leave the entire project." Identify the defense of unconscionability in this situation. Cons is a megacorporation. Cons has a monopoly on construction. Cons is withholding delivery of materials. Cons forces Pros to "take it or leave it."

"take it or leave it"

The presidential cabinet consists of _____. just the president and his or her vice president (VP) the president and whatever inner circle of advisors he or she chooses the president, the VP, and heads or "secretaries" of the executive agencies, including the Attorney General the president, the VP, the Chief Justice of the Supreme Court, and one elected member from each Congressional Chamber

Which procedure makes the creditors cram down the repayment terms, even if they are unfavorable? Out-of-Court Workout Assignment of Benefit for Creditors (ABC) Chapter 7 Chapter 11

Ch 11

Which proceeding guarantees that a business can keep its inventory, supplies and equipment, and repay its creditors from future earnings of the business? Out-of-Court Workout Assignment of Benefit for Creditors (ABC) Chapter 7 Chapter 11

Ch 11

Which procedure allows a business to cease all operations when it is complete? Out-of-Court Workout Assignment of Benefit for Creditors (ABC) Chapter 7 Chapter 11

Ch 7

It has a committee of creditors that is comprised of seven, key unsecured creditors. Out-of-Court Workout Assignment of Benefit for Creditors (ABC) Chapter 7 Chapter 11

Chapter 11

It has a Trustee who is employed by the court to administer and distribute the business's assets to its creditors, after which, the business's debts are discharged completely. Out-of-Court Workout Assignment of Benefit for Creditors (ABC) Chapter 7 Chapter 11

Chapter 7

During 1970, the "year of the environment," all of the following occurred except _____. the National Oceanic Atmospheric Administration (NOAA) was founded the Clean Water Act was enacted the Environmental Protection Agency (EPA) was founded the Clean Air Act was enacted

Clean Water Act

Internet Service Providers ("ISP") cannot be held liable for the posts of their subscribers under which act or acts? Communications Decency Act Stored Communications Act Digital Millennium Copyright Act (DMCA) both the first and second answers

Communications Decency Act

The law or act that protects against invasive acts by private individuals using electronic devices is _____. Communications Decency Act Stored Communications Act the Fourth Amendment of the US Constitution Electronic Communications Privacy Act (ECPA)

ECPA

Horatio came up with a great idea as he was getting ready for an island vacation. He would send an e-mail to his friends and acquaintances telling them that he is stuck on the island of Bora Bora and would be detained by the authorities if they were not paid the sum of $10,000. He provides a bank-account number where to wire the money. Horatio is guilty of _____. negligence embezzlement Internet fraud no crime

Internet fraud

This alternative to bankruptcy may include an offer to the creditors for them to receive all or a portion of their balance paid in full over a period of time, in exchange for forbearance from collection activities against the business. Out-of-Court Workout Assignment of Benefit for Creditors (ABC) Chapter 7 Chapter 11

OOC workout

In the last census, State A's population grew by one million, State B's population decreased by one million, and State C's population remained the same. In the next congressional term for the House of Representatives, _____. the number of seats for each state will remain the same State A will receive more seats, State B fewer, and State C will remain the same State A will receive fewer seats, State B will be given more (to compensate for its population loss), and State C will remain the same either B or C, depending on what the president decides

State A = more, state B = fewer, State C = same

What provision of the Constitution declares that US laws are the "Supreme Law of the Land"? the Commerce Clause the Supremacy Clause the Necessary and Proper Clause the Due Process Clause

Supremacy Clause

The Equal Employment Opportunity Commission (EEOC) is an administrative agency that administers and enforces which act? Age Discrimination in Employment Act (ADEA) Family and Medical Leave Act Americans with Disabilities Act (ADA) Title VII of the Civil Rights Act of 1964

Title VII

The act or acts that provide agency liability for attribution of a robot, or "bot," entering into an agreement is _____. the Uniform Electronic Transactions Act (UETA) Electronic Signatures in Global and National Commerce Act (E-SIGN) Digital Millennium Copyright Act (DMCA) both the first and second answers

UETA

The code that forty-nine states have adopted to interpret and enforce contract law is the _____. Uniform Commercial Code Commercial Contract Code National Commercial Code Contract Law Code

Uniform Commercial Code

Kendall brought a negligence action against Kenny in civil court. The burden is on the plaintiff to prove that the defendant is liable or responsible based on _____. probable cause the reasonable-person standard evidence showing guilt beyond a reasonable doubt a preponderance of the evidence

a preponderance of the evidence

The arbitrator is usually

a retired judge or practicing attorney

It is a business model that is used regardless of the formality of the business entity formed. sole proprietorship agency partnership all of the above

agency

It is formed just by the consent of two people. sole proprietorship partnership agency corporation

agency

An Administrative Law Judge (ALJ) is typically a ______. magistrate district court judge retired judge agency employee

agency employee

Congress can regulate "intrastate" commerce if it has a(n) _____ impact on interstate commerce. aggregate disparate prejudicial discriminatory

aggregate

A "good," according to the UCC is defined as _____. identified at the time of contract in existence at the time of the contract moveable all of the above

all of the above

Congressional standing committees are _____. permanent committees found in both chambers of Congress addressing such topics as the environment, agriculture, and the judiciary all of these

all of the above

Disputes pertaining to ______ can be mediated. contracts residential leases child custody all of the above

all of the above

It can be bought in a merger and acquisition. sole proprietorship partnership corporation all of the above

all of the above

There is personal liability. sole proprietorship partnership corporation all of the above

all of the above

Under the Consumer Protection Safety Act (CPSA), a corporation's director, officer, or agent can be held liable if _____. he or she acted knowingly and willfully he or she authorized, ordered or performed the action in question he or she acted in violation of Section 2068 of the CPSA all of the above

all of the above

Which is a requirement for an acceptance? mirror image of offer intent to contract communicated all of the above

all of the above

Which of the following are career opportunities in the legal industry? corporate lawyer legal researcher mediator all of the above

all of the above

A bill can originate from _____. a single citizen a group of citizens a state legislature all of these

all of these

Rights guaranteed by the First Amendment include _____. freedom of religion freedom of assembly freedom of speech all of these

all of these

What classifications can exist under the law and be subject to varying degrees of scrutiny? gender race age all of these

all of these

What does the preamble to the constitution envision? a perfect union justice domestic tranquility all of these

all of these

Courtney had started hanging out with a rough crowd. She and her friends Cher and Teena decided to rob "Old Lady" Michaels as she was heading home from a bus trip to the local market. They waited behind the bushes in front of her house, and Cher and Teena jumped her and threw the purse to Courtney who ran down the street with it. Courtney is guilty of _____. assault battery robbery all three crimes

all three

Pierre was served with a summons indicating that he had thirty days to respond to a complaint that had been filed against him for fraud. Pierre must respond by filing a(n) _____. interrogatory subpoena answer defense

answer

Which is not a court of "first instance" (a court that looks at a case for the first time)? a municipal court a small claims court juvenile court appellate court

appellate court

Which phase is not part of an administrative pre-hearing phase? arraignment discovery conference settlement

arraignment

Hans' fingers were itching to do some mischief. He decided to set the local Burger Palace on fire, because they had served him an undercooked burger the other day. Hans is guilty of _____. negligence malicious mischief arson conversion

arson

Corey had read in the newspaper about a local robber, referred to as "Roy the Robber," who flashed a camera at his victim to disorient him or her before taking the victim's purse or wallet. Cory decided to play a practical joke on Glenda, the author of the article, by using his flash to surprise her as she headed to her car after work. Glenda was terrified that she was the next victim. Glenda can pursue a claim against Corey for _____. assault battery negligence nuisance

assault

Keith owed Art some money, and Art was tired of waiting for Keith to pay him back. Art saw Keith walking down the street and decided to approach him with his aggressive Rottweiler Rox. Art let Rox lunge at Keith, and then asked him, "Are you ready to pay me back the money that you owe me now?" Art is liable to Keith for _____. battery negligence strict liability assault

assault

Patrick was not paying attention to a vehicle breaking in front of him and rear-ended Mary Jane the bodybuilder in her Corvette as she was driving home from the gym. Mary Jane was so upset that she got out of her vehicle and waved her fist at Patrick, telling him that she would get him back for what he did to her beloved sports car. Mary Jane is liable to Patrick for _____. battery assault intentional infliction of emotional distress negligence

assault

Thelma raised her fist to Louise and said: "If you don't give me back my favorite purse, you will be truly sorry!" Louise is very afraid of Thelma. Thelma is guilty of _____. assault intentional infliction of emotional distress attempted assault negligence

assault

In addition to penalties, a business or individual who has violated a consumer protection law cannot be _____. enjoined from selling or distributing the product restrained from manufacturing or importing the product have his or her goods seized automatically sentenced to jail

automatically sentenced to jail

Casey grabbed an orange from his lunchbox and lobbed it at Stephen, who was sitting at the next table, to get his attention. Casey has a terrible aim and struck Amy in the head instead. Casey is liable to Amy for _____. battery negligence strict liability assault

battery

Kitty and Stuart decided to have some fun with their water balloons. They filled them with Kool-Aid, took them to the top of the twentieth floor of their apartment building, climbed up to the roof from there, and began to toss them at the strangers below on the streets. Kitty and Stuart are liable for _____. battery assault negligence nuisance

battery

Chemicals and hazardous substances controlled by the Toxic Substances Control Act (TSCA) include all of the following except _____. bisphenate polychlorinated biphenyls asbestos radon

bisphenate

Which type of speech does the constitution not protect? burning the flag painting a swastika on someone's lawn burning a draft card both the first & second answers

burning a draft card

___________________ arbitration clauses include details as to where the arbitration will take place, who will arbitrate, who will pay particular fees, and whether the arbitration will be voluntary or mandatory.

complicated

A "good," according to the UCC is all of the following EXCEPT _____. service real estate contract money

contract

Cindy loaned Sam her lemonade stand one weekend. Sam sold so much lemonade that he decided to hold on to the stand the rest of the summer. Cindy tried calling him, but he ignored all of her calls. Sam is liable to Cindy for _____. negligence conversion trespass fraud

conversion

Claudine loves to sail but does not have her own boat. Luckily, her friend from sailing class, Misty, has agreed to loan her a sailboat to test in the harbor for a couple of hours in the morning. Claudine is having so much fun that she decides to take advantage of the perfect wind conditions, sail out of the harbor, and test the open waters for several hours. Misty did not see Claudine in the harbor and began to panic. Claudine returned at dusk. She is liable to Misty for _____. negligence fraud trespass conversion

conversion

Originality and "fixed in a tangible medium" are requirements for this intellectual property right. trademark patent copyright none of these

This intellectual property does not have to be registered for a person to have rights to his or her invention or work. trademark patent copyright none of these

It can be sold through stocks or shares, as a public entity. agency partnership corporations all of the above

corporations

Intentional discrimination in a hiring situation based on race, gender, religion, or national origin represents ______. disparate impact disparate outcome disparate treatment disparate application

disparate treatment

Glenn worked as a teller at Bank of the Nation. After counting his money at the end of the day, he slipped several hundred dollars worth of bills into his wallet and altered the bank-accounting statement to hide his indiscretion. Glenn is guilty of _____. robbery embezzlement burglary fraud

embezzlement

Officer Kildare was desperate for a first arrest. He convinced honest Clark that if he made it clear to the neighborhood thug Brutus that he wasn't welcome in the neighborhood, he would only receive a citation. Clark approached Brutus with a baseball bat, swung it at him once, and told him to, "Scram!" When Brutus refused to budge, Clark swung the bat at Brutus' shoulder. Officer Kildare arrested Clark for assault and battery. Clark claims _____ as his defense. duress necessity self-defense entrapment

entrapment

An individual dealing with an agency complaint must first _____ at the agency level before seeking a resolution in a court of law. exhaust the remedies seek counsel pay a fine reach a settlement

exhaust the remedies

Chuck knew that Laney had just inherited a lot of money. He told her that if she didn't pay him $500 a week for the next year, he would see that she would not be around to enjoy spending all of her money. Chuck is guilty of _____. battery negligence extortion fraud

extortion

Companies and individuals that violate federal consumer or environmental protection laws face the possibility of these forms of punishment except _____. civil penalties criminal penalties jail time extradition to another state

extradition

Leslie was feeling overwhelmed by her four kids, ages four, six, eight, and ten, and told them to play outside for a while. The kids decided to go next door and dig up all of Mrs. Timmons plants next door. Leslie can be held liable for _____. negligence the children's assault and battery on Mrs. Timmons' plants failure to supervise her children strict liability

failure to supervise her children

A Supreme Court case can be found in the US Code.

false

A congressional standing committee is only temporary.

false

A congressional-executive agreement must pass both houses by unanimous vote.

false

A contract to beat someone up is not enforceable in court because it is irrational.

false

A copyright must be registered for a person to have rights to his or her work.

false

A defendant must testify at trial if asked to come to the stand.

false

A legislative order is issued by the president to set the policies for executive agencies to follow.

false

A patent lasts for twenty years and is renewable after this term.

false

A result of "an increasingly integrated global economy" is decreased population.

false

A search warrant is necessary if the law-enforcement officer is in "hot pursuit" of a suspect.

false

A settlement letter requests payment for a matter in dispute.

false

A sole proprietorship is regulated by a statute.

false

A sole proprietorship whose name is a trade name is not liable for injuries caused by its product or service.

false

A statute is decided by the courts.

false

A wedding party hired a sole proprietorship to cater their wedding, and the sole proprietorship had an employee handle the entire job. If the entire wedding party gets food poisoning, the principal is liable. The employee of the sole proprietorship is also liable because he handled the entire job.

false

A wedding party hired a sole proprietorship to cater their wedding. In this situation the sole proprietorship is a corporation and the employee who handled the job is a partner. If the sole proprietorship is a corporation and its employee poisons the cake, the shareholders of the corporation are liable for the poisoned cake.

false

A wedding party hired a sole proprietorship to cater their wedding. In this situation, the sole proprietorship is a partnership, and the employee who handled the job is a partner. If the malicious partner intentionally trips the bride when she is walking down the aisle, the partnership is still liable.

false

A willing buyer who seeks a seller exclusively on Craigslist in search of a four-drawer file cabinet for $25 is the offeree, because he is the buyer.

false

Advantages to free-trade agreements (FTAs) are that they increase trade barriers (both tariff and non-tariff barriers), open up market to exporters, and increase jobs domestically.

false

Alternative dispute resolution (ADR) takes more time and is more expensive than litigation.

false

An "at will" employee cannot be fired for no particular reason.

false

An individual must file his or her intellectual property application in person.

false

An individual started the corporation by herself and she alone acted to poison the cake, using the corporation's name. The corporation is solely liable.

false

Barb heard a shout of help from outside, where she saw her son Ron pushed up against the garage by Daisy (Ron's old girlfriend) in her pickup truck. Barb yelled for Daisy to stop and she backed away, but then revved up the engine to strike again. She was within inches of Ron when she slammed on her brakes, pushed the gearshift into reverse, and drove away. Daisy is liable to Barb for intentional infliction of emotional distress.

false

CAPTCHAs can be used as a form of signature to create a valid contract in e-commerce.

false

China became a member of the World Trade Organization in December 2011.

false

Congressional voting rights belong to all members of Congress, including those representing the District of Columbia, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, a resident commissioner from Puerto Rico, American Samoa, and the US Virgin Islands.

false

Filip saw his friend Shauna at the Justine Beebert concert sponsored by Gidgits Galore and was so excited that he just had to get her attention. He decided to throw his liter cup of ice three rows ahead towards Shauna, and wound up dumping huge chunks of ice, not only on to Shauna, but also on the people sitting around her. Filip is liable for negligence.

false

For a burglary to occur, the breaking and entering must take place in a dwelling.

false

Free Trade Agreements (FTA) have failed in opening up markets to US exports.

false

Functions of the International Court of Justice (ICJ) are to review disputes submitted by member states and review organizational questions by organs and agencies.

false

If Gary's boa constrictor escapes from its cage and eats Zoe's Chihuahua in front of her, Gary is liable to Zoe for intentional infliction of emotional distress.

false

If a seller learns during negotiations that the lot you are buying is 200 square feet smaller than the original offer and you sign an agreement that reflects these negotiation terms, it will be enforced in your favor due to bilateral mistake

false

If a wedding party hired a sole proprietorship to cater their wedding, and the sole proprietorship had an employee handle the entire job, the wedding party is the principal to the sole proprietorship.

false

If an attorney requests a percentage of the damages awarded his client, this fee arrangement represents a service fee.

false

If an employee has signed an employment agreement that has a mandatory arbitration clause, he or she can pursue litigation if a dispute arises with his or her employer.

false

If you accidently take someone's jacket, believing that it is your own, it is still larceny.

false

Intent to kill is a key element in involuntary manslaughter.

false

Lexie decided to try out her new "Groovy Curls" curling iron. She couldn't find any instructions in or on the box, but decided to plug it in as she took a shower. Once her hair was dry and she was ready to curl it, she picked up the iron and it set her hair on fire. She quickly put out the flames with her damp towel. Groovy Curls is liable to Lexie for negligence.

false

Matters discussed during mediation are a matter of public record.

false

Mediation agreements are informal and nonbinding on both parties.

false

Members of the International Law Commission (ILC) represent their countries interests first and foremost in developing and codifying international law.

false

Minors can contract online, and that contract will be valid and enforceable.

false

Mo, loading dock manager at Gidgits Galore, sent Beau to a neighboring town about ten miles away with a rush delivery in the Gidgits Galore van. Beau was still feeling hungry, even though he had already taken his paid lunch break. He decided to take a detour to Wanda's Drive Thru for another triple burger, and then drop off a burger for his sister Lola. To get to Lola's, he veered off the main route that he should have been on for the delivery. After staying for coffee and donuts with his sister, he received a text from Mo asking where he was. Beau hurried to make the delivery, but as he was backing out of his sister's driveway, he hit another vehicle. Gidgits Galore is liable under negligence.

false

More treaties are entered into than executive agreements.

false

Most agency matters are resolved through adjudication.

false

Penelope was running for local office. Recently she had her nose "enhanced" through plastic surgery. Her opponent Rudolph printed an ad showing Penelope before her nose surgery and after, with the comment: "If she alters her own appearance, just think what she will do to our town." Penelope can sue Rudolph for libe

false

Sneed recently reassigned existing employees to other duties. Reese and a female coworker, Judy, both salaried workers, were reassigned from administrative to cashier positions, because Sneed felt that attractive women would be more people-friendly as cashiers than men. Rex, in turn, is an hourly employee without an employment contract, and he was reassigned from a cashier to a record-keeping position in the back room. If the arbitrator makes his decision against Reese following the arbitration, she can appeal.

false

States guarantee equal protection of the laws through the Fourth Amendment.

false

Steve was tired of Julius receiving all of the attention in his five-person study group. On one of their designated study days, Julius was running late, and Steve falsely told his peers not to tell anyone, but that Julius found out he has an inoperable malignant tumor in his stomach. Steve is liable for libel.

false

The Bill of Rights applies only to US citizens.

false

The Civil Rights Act was first passed in 1974.

false

The General Agreement on Tariffs and Trade (GATT) failed to address services.

false

The International Law Commission (ILC) mainly develops and codifies general principles of law.

false

The International Monetary Fund (IMF) was initially based on a "floating" exchange rate.

false

The Occupational Safety and Health Administration (OSHA) addresses clean air and water issues.

false

The President's role in international affairs has decreased since World War II.

false

The Treaty of Versailles created the European Economic Community (EEC) in 1957 now known as the European Union.

false

The US Constitution upholds the rights to trademarks and copyrights.

false

The burden of proof in civil court is beyond a reasonable doubt.

false

The five active organs of the United Nations are The General Assembly, The Security Council, The Economic and Social Council, the Secretariat, and the Council of Public Affairs.

false

The name of the International Law Commission's publication on its studies, reports, draft resolutions, and amendments after each session is the Journal of the International Law Commission.

false

The number of administrative agencies grew significantly before World War I.

false

The president enters into bilateral treaties by signing an executive order.

false

The stock you create is based on your current customers, the repeat customers and the known referral business to BBFB. It sells to PB for $1.5 million. The check clears. You still have liabilities in this completed merger and acquisition by Phooey Buitton.

false

There is no difference between a sole proprietor and the individual who created the sole proprietorship.

false

Title VII addresses discrimination in public education.

false

Troy was looking for a real bargain house. He noticed a lot of homes for sale in a small rural town called Mayville. Troy noticed a large factory not too far away from a house he was looking to buy, but didn't think too much of it. Once he moved in, the smoke and noise from the sausage factory woke him up at all hours, and his asthma started up again. Troy will likely be successful in bringing an injunction against the factory.

false

Two European Courts are the Court of Justice of the European Union and the European Court of Copyrights.

false

Two merchants agree to a sale of 100 pounds of flour to make donuts. The buyer's standard-form agreement does not state a time for delivery, and the seller's standard form agreement states a timeframe of thirty days for delivery. The two businesses continue along, business as usual, despite the disagreement in their forms. Thus, there has been an offer and an acceptance.

false

Two multilateral trade negotiations or "rounds" are Kennedy and Paris.

false

York asked Shelley on Thursday if he could borrow her digital camera for a holiday weekend family event. Shelley gave him the camera on Friday. The holiday weekend included Monday. Shelley was anxious when she didn't hear from York by Monday evening. York is liable to Shelley for conversion.

false

You and the buyer both realize that you overcharged for the yard work she did but did not rectify it; now she seeks to enforce a different payment amount in small-claims court. This attempt will probably not be enforceable if you plead the defense of unconscionability.

false

You are selling friendship bracelets online and you give very clear instructions to the ISP about how to post the listing and photos. The ISP erroneously posts P. Navajo's pictures, lists the bracelets at half price, and states that you give a certificate of authenticity. None of this was included in your instructions. The posting goes viral and tweens and teens from all over the world order over fifty million bracelets in one day. You are liable.

false

You decide to incorporate your bracelet business and get your mother and brother involved in the corporation. Your executive committee is made up of you as the president, your mother as the secretary, and your brother as the treasurer. The three of you are the key officers of the corporation, with you as the CEO, your mother as the head of HR, and your brother as the CFO. The Brady Business Friendship Bracelet (BBFB), Inc., conglomerate is ridiculously successful, earning the three key executives over $100,000 each in salary and bonuses. Before you begin operating, the BBFB decides to become an S Corp designation and to remain a closely held corporation. The corporation is sued in the state where it is incorporated. Every member of the board of directors is liable personally for the lawsuit.

false

You decide to incorporate your bracelet business and get your mother and brother involved in the corporation. Your executive committee is made up of you as the president, your mother as the secretary, and your brother as the treasurer. The three of you are the key officers of the corporation, with you as the CEO, your mother as the head of HR, and your brother as the CFO. The Brady Business Friendship Bracelet (BBFB), Inc., conglomerate is ridiculously successful, earning the three key executives over $100,000 each in salary and bonuses. Before you begin operating, the BBFB decides to become an S Corp designation and to remain a closely held corporation. The state of incorporation is different from the principal place of business operations or the headquarters. The corporation cannot be sued there as well as in its home state.

false

You sell friendship bracelets. You have a written agreement with your best friend, Georgina, who is a great artist in photography, that she will photograph all her subjects wearing your friendship bracelets. You have agreed that you will get twenty-five percent of the proceeds from the sale of photographs and she will get twenty-five percent of the sale proceeds from your bracelets. You didn't register your partnership with the state before, so your original rights are not

false

You sell friendship bracelets. You have an agreement with your best friend, Georgina, who is a great artist in photography, that she will photograph all her subjects wearing your friendship bracelets. You have agreed that you will get twenty-five percent of the proceeds from the sale of photographs and she will get twenty-five percent of the sale proceeds from your bracelets. It turns out that Georgina had a photo-lab partner who actually did all the film and photo development while she just took the pictures. This photo-lab partner wants part of her proceeds. Because of this arrangement, you are considered to be a partner with him.

false

You sell friendship bracelets. You have an agreement with your best friend, Georgina, who is a great artist in photography, that she will photograph all her subjects wearing your friendship bracelets. You have agreed that you will get twenty-five percent of the proceeds from the sale of photographs, and she will get twenty-five percent of the sale proceeds from your bracelets. Georgina leaves to study abroad. You decide to dissociate from the partnership with Georgina immediately upon her agreement to that and after you have signed all the paperwork releasing you from liability to the partnership. You are still liable for Georgina's claims or issues related to the partnership.

false

You sell things on occasion on eBay, and because of this, your eBay profile lists that you are a seller of goods and has customer satisfaction reviews that appear on your profile page. However, most of the time, you do not have any goods listed for sale. According to the UCC, you are a merchant.

false

Your brother has cooked the books and skimmed money because he has six kids, one ex-wife, and may lose his home. The corporation's ISP sues the corporation for defaulting on the Web design and hosting contract, which you signed, claiming that the corporation is a sham corporation. If you can pinpoint that your brother is the sole culprit acting in self-interest, you and your mother are not personally liable.

false

Your client, who is ninety-five years old, first contacted you in 2009 to complete her Last Will and Testament, which you did. However, she started to contact you regularly in 2011 in the middle of dementia saying that she wanted to leave everything to her mother. Now, she has insisted on completing a new will leaving everything to her mother, and you proceed with it to make your client happy, but also because you know that this final version of the will is not valid under the defense to formation of duress.

false

During rush week at her sorority, Lana was told to lead two of the new pledges to a storage shed in the back of the Alpha Sigh sorority house, take away their cell phones, and lock them in there and await further instructions. After waiting an hour, no instructions arrived and Lana had to get to class. After class (about two hours later), she finally let the cold and hungry pledges out. The pledges can bring a claim for _____. negligence assault battery false imprisonment

false imprisonment

Which is not one of the goals of the Consumer Product Safety Act (CPSA)? to help consumers evaluate problems to reduce injuries through research and investigation into their causes to impose federal regulations on states and local governments to develop uniform safety standards

federal regulations

Through the Commerce Clause, Congress has broad powers over all of the following but ______. federal government employees foreign nationals not involved in commerce with the US state actors private businesses

foreign nationals

Darryl sold Justin an old baseball card, assuring him that it was a collector's item, though Darryl knew that it was actually worthless. Justin looked the card up on eBay and Googled some information about it and realized that he had been duped. Justin has a claim against Darryl for _____. strict liability negligence fraud nuisance

fraud

Your client is a corporation, Pros, who is working with another corporation, Cons, to build an office building downtown. Pros believes that Cons had Pros sign a separate agreement that was not the one they bargained for. Although it had the same heading, the one Pros signed was longer and had smaller print. Which legal issue is raised above? fraud in the execution fraud and culpability fraud in the inducement fraud in the intent

fraud in the execution

Your client is a corporation, Pros, who is working with another corporation, Cons, to build an office building downtown. The contract says the building materials will cost $50,000, but they actually only cost $45,000, and Cons has intentionally misled Pros to believe they are worth $50,000. Which legal issue is raised above? fraud in the execution fraud and culpability fraud in the inducement fraud in the intent

fraud in the inducement

The Bill of Rights' First Amendment is concerned with such liberties as _____. freedom of speech freedom of travel freedom of religion both freedom of speech and freedom of religion

freedom of speech and religion

The Consumer Product Safety Commission (CPSC) does not _____. represent an independent regulatory commission have seven commissioners appoint its commissioners for seven-year terms ensure that products have adequate warnings and instructions

have seven commissioners

The two main types of administrative agencies are ______. independent and executive independent and dependent executive and judicial executive and civic

independent and executive

Britta just couldn't save up enough money for her grand-scale wedding to which over 300 guests had been invited. She knew that a big merger was going to take place with her securities firm and another. She advised her fiancé to purchase additional stock in her company. Britta is guilty of _____. insider trading embezzlement forgery negligence

insider trading

Which is NOT a requirement for consideration? bargained for mutual promises intent to contract legal value

intent to contract

The Civil Rights Act of 1991 provides for compensatory and punitive damages for ______. public accommodations discrimination voting poll taxes unintentional discrimination intentional discrimination

intentional

Which is not one of the president's duties? appointing ambassadors signing bills into law appointing Supreme Court judges interpreting laws

interpreting laws

Kyle had a splitting headache. His buddy Cyrus gave him a couple of lime-green pills to take away the pain. When Kyle awoke, Cyrus was lying next to him in a pool of blood. If Kyle is tried for a crime, what could be his defense? intoxication duress necessity insanity

intoxication

Gale had just finished her shift at Dino's Diner, and Kitty was taking over the next one. Kitty noticed that someone had left a $5 dollar tip on one of Gale's tables. Kitty decided to slip the tip into her pocket. Kitty is guilty of _____. conversion negligence burglary larceny

larceny

O + A + Consideration (+_____) = K legal capacity legal capability legal injunction legal corporation

legal capacity

Glenda finds out that it was Corey who played the "Roy the Robber" prank on her. He is one of her friends on Facebook, so she takes his picture and superimposes it on a photo of the suspect who was caught that morning and reposts it to Facebook. Glenda is liable for _____. strict liability slander libel nuisance

libel

Due process of the law protects an individual's ______. pursuit of happiness job liberty and property interests right to prosperity

liberty/property

Brooke was so very bored with her job serving up tacos at the Taco Hut. She was jealous of her friend Leena who worked at local dry cleaners and was able to read glossy fashion magazines at her job all day. Brooke begged Leena to help her get a job there. On Brooke's first day, the manager Cooper reminded her to only give back ones from the specially marked cash drawer. Cooper is likely guilty of _____. bribery money laundering forgery larceny

money laundering

Bartholomew did not support hunting and would carry placards in his small town asking for the fall deer hunt to be cancelled. Because the town mayor would not listen to him, Bart felt that he needed to take drastic action. He dressed in camouflage and shot the mayor as he was heading through the woods to hunt deer. Even though Bart claimed that the death was accidental, he is guilty of _____. battery involuntary manslaughter voluntary manslaughter murder

murder

Kroger lived next door to Ace. Ace mowed his lawn at 8 am every Saturday. One Saturday as Kroger was peering out the window, he noticed that Ace recklessly mowed down his favorite rosebush. In a rage, Kroger ran outside and jumped on his mower and proceeded to crash his mower into Ace's. Ace was severely injured and died from his injuries. Kroger is guilty of _____. murder involuntary manslaughter voluntary manslaughter negligence

murder

Edvin had opened up a new coffee shop in town called Edvin's Espresso. He had ordered fancy self-serve coffee dispensers from Italy for customers to help themselves to the organically grown espresso coffee. Edvin forgot to glue down one of the corners of a laminated tile that kept popping up. Phoebe was heading for the coffee counter to add some organic milk to her coffee, when she tripped on the tile corner and fell. Edvin is liable to Phoebe under _____. battery negligence strict liability fraud

negligence

Luanne, a bus driver, loved to have her nails in tip-top condition. The downtown bus that she drove was stuck in heavy traffic. Thus, she decided to take advantage of the opportunity to buff and polish her nails. One of the passengers shouted, "I need a First Aid kit over here." Luanne answered, "Can't you see that I'm busy?" Luanne is liable to the passenger under _____. strict liability intentional infliction of emotional distress false imprisonment negligence

negligence

Patrick, who rear-ended Mary Jane's beloved sports car, is liable to Mary Jane under _____. battery assault intentional infliction of emotional distress negligence

negligence

Veronica was hosting a party for her pals but forgot to warn them that the far end of her deck had rotted and was in drastic need of repair. Her friend Craig decided to admire the city skyline from the far end of her deck and headed that way. The other guests heard a loud exclamation as Craig fell through the deck. Veronica is liable to Craig under _____. battery strict liability negligence fraud

negligence

Brock worked at Nick's Chicken Grill as a waiter. As he was unloading the latest shipment of Charlie's Root Beer bottles, one of them exploded and a shard of glass struck Brock in the elbow. Charlie's Root Beer is liable to Brock under _____. battery negligence strict liability negligence and strict liability

negligence and strict liability

A website for mountain bikes offers access to the owner's Purchase and Return Policy on every page of the site. The policy does not allow returns at all. If the buyer/offeree tries to return the bike immediately upon receipt, will she still receive a complete refund?

Aiden and Bob have a written contract that Aiden will get into Harvard Law School on scholarship and will graduate at the top of his class in less than two years in exchange for Bob's entire stock portfolio, which is worth $500,000. Is this a valid contract?

Ally and Belinda have agreed that Ally will befriend Constanza in order to make Constanza popular in exchange for Belinda's payment of $500 to Ally. Is this a valid contract?

Artie's younger brother, who is eight years old, has signed a clickwrap agreement online to purchase $700,000 worth of stock in Bank of America. Is the clickwrap agreement valid?

Which is NOT a requirement of an offer? no time limit communicated identified offeree intent to contract

no time limit

This good represents an imitation or "knock-off" of someone else's creation or invention. trademark patent copyright none of these

none

This intellectual property is registered with the US Trade Representative. trademark patent copyright none of these

none

Which of these is true of a member of the House of Representatives? He or she must be at least twenty-seven years of age. He or she must be a natural-born US citizen. He or she must have been a resident of the state represented for at least ten years. None of these.

none

In filing an application for this type of intellectual property, in-person or mail filing is preferred. trademark patent copyright none of these

none of these

Two key requirements for proposed rules or regulations include ______. notice and hearing notice and comment notice and adjudication notice and appeal

notice and comment

Brad could no longer stand the smell emanating from his neighbor Clarence's compost heap that grew more odorous as the summer progressed. Brad brought an action against Clarence under _____. assault nuisance negligence intentional infliction of emotional distress

nuisance

Larry lives in a rundown house next to the lot that Gus has claimed and is tired of the incessant noise coming from Gus's camper, including loud music and TV. In addition, Gus hosts crazy dance parties outside of his camper every night. This has been going on for three months, and Larry can't take it any longer. Gus's activities represent _____. trespass negligence fraud nuisance

nuisance

Two or more people can make controlling decisions about the business operations. agency partnership corporations all of the above

partnership

New, useful, and non-obvious are the three main criteria for an invention to receive a

patent

The duration of this intellectual property protection is 20 years. trademark patent copyright none of these

patent

"First to invent" and "first to file" regimes apply to

patents

Utility, design, and plant are types of

patents

The prosecutor told Arvo, who had been convicted of arson, that if he pled guilty he would only be sentenced to community service and probation, since it was his first offense. Arvo agrees. This is an example of a(n) _____. appeal plea bargain assistance of counsel sentencing

plea bargain

Citizen suits allow an individual to do all of the following except _____. force the party in violation of the law to comply with it bring a lawsuit against a company or business for violating an environmental regulation prevent the citizen from bringing a lawsuit against the Environmental Protection Agency (EPA) force the party in violation of the law to pay civil penalties

prevent the citizen from bringing a lawsuit against EPA

The "Superfund" or CERCLA did not _____. impose liability on wrongdoers provide for a voluntary tax to be paid by concerned citizens create a tax for the chemical and petroleum industries contribute the money collected to a trust fund for hazardous waste site cleanup

provide for a voluntary tax

The Consumer Products Safety Improvement Act of 2008 does all of the following except _____. protect "whistleblowers" who file complaints against their companies authorize state attorney general to bring civil actions on behalf of residents for injunctive relief relax the guidelines for infant products and children's toys increase the amount of civil fines

relax guidelines

The Establishment Clause of the First Amendment is concerned with _____. assembly speech religion property

religion

The Environmental Protection Agency's (EPA) Construction Grants Program did not _____. help build wastewater treatment plants help construct pumping stations replace the Clean Water State Revolving Fund (CWSRF) help build sewer treatment plants

replace the CWSRF

What is the final stage of the mediation process? Opening statements are made by each of the parties. A resolution is reached and each party signs an agreement. The mediator describes the goals and rules of the mediation. The parties negotiate directly with one another.

resolution is reached

Which of these rights is not considered a right of privacy? right to drive right to procreate right to purchase and use contraceptives right to marry

right to drive

CAPTCHAs prevent the use of what in creating electronic contracts? phishing data mining encryption robots or bots

robots

In arriving at his or her decision, an Administrative Law Judge (ALJ) relies on an agency's ______. stare decisis rules and regulations comments provided by the public proposed rules

rules and regulations

The police forgot to read Ricky his Miranda rights after they arrested him. Thus, anything that Ricky told them must be excluded from evidence, since Ricky has the right against _____. unreasonable search and seizure self-incrimination cruel and unusual punishment a deprivation of life, liberty, or property

self incrimination

Nate pleaded guilty to assault and battery. The next step for him is _____. sentencing arraignment trial appeal

sentencing

_____ is responsible for providing its citizens with unemployment and workers' compensation benefits. State government Federal government Local government The employer

state gov

The Fourteenth Amendment was enacted to address the wrongs of _____. the American Revolution the American Civil War prohibition states infringing on citizens' rights

state infringement

Clint, Sam's next-door neighbor, was convinced that his property contained a gold mine. He bought some dynamite and started to blast underground one weekend. Sam woke up and thought that an earthquake was occurring, because all of the books, vases, fine china, and glassware were falling from the shelves of his trailer. Clint is liable to Sam under _____. strict liability negligence trespass nuisance

strict liability

Edvin had opened up a new coffee shop in town called Edvin's Espresso. Unfortunately, one of the levers that measured the amount of coffee poured into every cup from the dispenser was not working properly, but Edvin did not know of this defect. Giorgio, one of Edvin's first customers, tried to pour a medium cup of java from the defective dispenser, but the cup overflowed, burning Giorgio's thumb and ruining his leather loafers. Edvin is liable to Giorgio under _____. battery negligence strict liability fraud

strict liability

Keith owed Art some money, and Art was tired of waiting for Keith to pay him back. Art saw Keith walking down the street and decided to approach him with his aggressive Rottweiler Rox. Art let Rox lunge at Keith, and then asked him, "Are you ready to pay me back the money that you owe me now?" What if Rox the Rottweiler actually bites Keith? Rox recently bit another neighbor and is known for her vicious ways. Art would be liable to Keith for _____. battery negligence strict liability assault

strict liability

Smithy fed his beloved pet wolf, Fang, but forgot to lock his cage. Fang got out and cleared out the rabbit hutches next door at Carla's. Smithy is liable to Carla under _____. negligence strict liability assault and battery nuisance

strict liability

The Clean Water Act (CWA) of 1972 did all of the following except _____. set water-quality standards take over the EPA's authority to impose pollution control programs regulate pollutants discharged into US waters not permit pollutants to be discharged from pipes or man-made ditches into navigable waters

take over EPA's authority

Blair is a botanist out collecting flower samples. She sees a lovely garden behind a large mansion in a residential area and decides to take a peak and collect a few samples in pursuit of her scientific aspirations. Blair is liable for _____. trespass negligence nuisance conversion

trespass

A defendant can appeal his or her conviction from either a criminal or civil court or administrative hearing.

true

A defendant must respond to a summons informing him or her that a complaint has been filed.

true

A defendant's attorney can claim insanity in his or her defense for a crime against another person.

true

A persuasive attorney and an impartial judge can help an individual win his or her case at trial.

true

A settlement occurs when both sides agree on a resolution either on their own, with the assistance of their attorneys or neutral parties, or through mediation.

true

A wedding party hired a company to cater their wedding. In this situation the sole proprietorship is a partnership, and the employee who handled the job is a partner. If the entire wedding party gets food poisoning, the partnership and both of its partners are equally liable.

true

A wedding party hired a sole proprietorship to cater their wedding. In this situation the sole proprietorship is a partnership, and the employee who handled the job is a partner. The entire wedding party gets food poisoning. If the partner who mishandled the food knew the bride and was jealous of her marriage so he used roach killer instead of lemon juice in the frosting, the other partner would still be liable.

true

A wedding party hired a sole proprietorship to cater their wedding. In this situation, the sole proprietorship is a corporation and the employee who handled the job is a partner. If the sole proprietorship is a corporation and its employee poisons the cake, the corporation's board of directors would not be liable.

true

All of the major hotel chains have raised their rates all over the world repeatedly every quarter for the past three years. Finally, major corporations with accounts at the hotels have begun to renege on their contracts with the hotels. You represent the corporations with the defense to performance of the contract of unconscionability.

true

An individual can be tried for assault and battery in both a criminal court and a civil court.

true

An offeree whose acceptance is not a mirror of the offer has made a counter offer.

true

Areas addressed by the UN Commission on International Trade Law's (UNCITRAL) conventions, model laws, recommendations, and rules are International Commercial Arbitration, International Sale of Goods (CISG), Security Interests, Insolvency, International Payments, International Transport of Goods, Electronic Commerce, and Procurement and Infrastructure Development.

true

Clarice's neighbor Alec built an awesome tree house for his son Rodin. Rodin spends each afternoon in his tree house playing loud video games. The sounds of the guns in these games are so real that Clarice finds it truly annoying. The loud video game noises represent a private nuisance.

true

Critics argue that the president and the Executive Branch take over legislative powers through executive agreements.

true

Damien decided to surprise Nell for her birthday. He blindfolded her and put her into a room to wait. Fifteen minutes later, he put her in his car and drove her to an unknown location. He had her wait in the car for another fifteen minutes. He then escorted her from the car into a house, where he took off her blindfold and everyone yelled, "Surprise!" Damien did not falsely imprison Nell.

true

Decisions by the UN Security Council on matters of peace and security are binding on member states.

true

Due process requirements entitle an individual to "notice" and a "hearing" if he or she is deprived of a liberty or property interest.

true

Edith packed her brown bags too full with groceries at the store. As she was walking home, one of the cantaloupes fell out of one of the bags and rolled down the street. Max the messenger hit the cantaloupe with his bike and fell over, spilling mail everywhere. One car hit another as letters plastered the windshield and the driver could not see. The cantaloupe's journey ended when a baby stroller hit it and split the melon in half. Edith is liable for negligence.

true

Even after litigation has begun, the parties can consider settlement to reach a nonlitigious resolution

true

For a case to be heard by a federal court, the amount in question (or "controversy") must exceed $75,000.

true

If someone is discriminated by a law based on gender, the burden is on the state to show that the law is substantially related to an important government purpose.

true

If the seller dies before you accept the offer, the contract is unenforceable under the defense of impossibility.

true

If you find a picture of a tiger befriending a puppy on the Internet and upload it onto your Facebook page and Facebook contacts you to remove the picture because the original creator of the picture accused you of copyright infringement, you should take the picture down.

true

Markus was an engineer by day and a scientist by night. He built an internal combustion laboratory within his garage and used fuel from canisters he kept throughout the garage to keep his motor running for his experiments. One night something went wrong with his experiment, and sparks began to fly. The sparks set the fuel canisters on fire. Soon flames engulfed his garage and his neighbor's. Markus is liable to his neighbor under strict liability.

true

Mediation and arbitration are methods of Alternative Dispute Resolution (ADR).

true

Other names for treaties are conventions, charters, pacts, protocols, accords, and agreements.

true

Privacy policies on websites promise to protect the personal information that they capture; however, personal information that is hacked into during its transfer from one server to another server is protected by the Electronic Communications Privacy Act (ECPA).

true

Small-claims court represents an inexpensive alternative to pursuing resolution rather than an expensive trial.

true

Statutes are considered a primary source of law.

true

Supreme Court justices serve on federal appellate courts.

true

Tariffs provide a price advantage to locally produced goods over imported goods.

true

The International Bank of Reconstruction and Development (IBRD) is part of the World Bank Group.

true

The International Court of Justice (ICJ) reviews legal questions by UN organs and agencies.

true

The Supreme Court has significant discretion to decide which cases it will review.

true

The mediator has no decision-making role in mediation.

true

The overall appearance of goods and services can be trademarked.

true

The president has significant authority over administrative agencies.

true

The refusal of the US Senate to ratify the ITO's charter "doomed" the International Trade Organization (ITO).

true

The three main sources of international law are treaties, customary international law, and general principles of law.

true

There are three parties in every agency relationship.

true

Two guarantees that the General Agreement of Tariffs and Trade (GATT) provides to its member states are most favored nation (MFN) status and promotion of equality in trade among member states.

true

You decide to incorporate your bracelet business and get your mother and brother involved in the corporation. Your executive committee is made up of you as the president, your mother as the secretary, and your brother as the treasurer. The three of you are the key officers of the corporation, with you as the CEO, your mother as the head of HR, and your brother as the CFO. The Brady Business Friendship Bracelet (BBFB), Inc., conglomerate is ridiculously successful, earning the three key executives over $100,000 each in salary and bonuses. Before you begin operating, the BBFB decides to become an S Corp designation and to remain a closely held corporation. You still have to file a registration with the state of incorporation.

true

You have a client who writes "cookies" to help businesses target their largest group of interested customers by data mining personal information from the people who surf onto his website. The best advice you can give him is to post his intended use of the information in his privacy policy and to make his privacy policy available from every page of his website.

true

You sell friendship bracelets. You have an agreement with your best friend, Georgina, who is a great artist in photography, that she will photograph all her subjects wearing your friendship bracelets. You have agreed that you will get twenty-five percent of the proceeds from the sale of photographs and she will get twenty-five percent of the sale proceeds from your bracelets. You both agreed to use friends as models but forgot to get publicity rights agreements from each of them. A couple of them decide they want part of Georgina's money and go after her. You are liable.

true

You sell friendship bracelets. You have an agreement with your best friend, Georgina, who is a great artist in photography, that she will photograph all her subjects wearing your friendship bracelets. You have agreed that you will get twenty-five percent of the proceeds from the sale of photographs, and she will get twenty-five percent of the sale proceeds from your bracelets. Georgina sells all of her photographs to a gallery for $100,000 and leaves to study abroad, and you never hear from her again. She still owes you twenty-five percent of the $100,000

true

You sell friendship bracelets. You have an agreement with your best friend, Georgina, who is a great artist in photography, that she will photograph all her subjects wearing your friendship bracelets. You have agreed that you will get twenty-five percent of the proceeds from the sale of photographs, and she will get twenty-five percent of the sale proceeds from your bracelets. Georgina's photography career takes off, and she starts selling her photographs for $5,000 apiece for prints and $25,000 for originals. They are all inspired by your friendship bracelets and are basically commercial ads for those fantastic bracelets. She is sixteen and made $65,000 last year in sales alone. Now she wants to pay you only ten percent. This is still considered a partnership

true

Your client is a corporation and its agent with whom you normally deal has a business plan that he wants you to sign and file on behalf of the corporation. Since it does not seem to benefit the corporation, you are not sure but go ahead and risk your law license by filing it anyway. The filing may be voidable under the defense of lack of legal capacity.

true

Your client is the son of a now-deceased quadriplegic who wrote his Last Will and Testament and left everything to his twenty-four-hour caregiver, who had been living with him since 2011. You tell your client that you think the will was defective due to the defense of bilateral mistake.

true

"Brown fields" are all but the following _____. undeveloped and pristine fields with brown wild grasses real property sites considered for redevelopment, reuse, or expansion contaminated or perceived to be contaminated with hazardous substances and pollutants

undeveloped and pristine fields

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