HW PROBLEMS

For a supervisor's unlawful conduct to result in vicarious liability for his employer, which of the following must be true? He must be acting in a manner consistent with his employer's explicit directives. He must be using or abusing in some manner the authority conferred by his position with the company. He must be a member of upper management. All of the above.

· He must be using or abusing in some manner the authority conferred by his position with the company.

Which of the following facts would not support classifying a worker as an independent contractor? If the worker possessed special expertise that the company hiring her lacked internally. If the hiring company and the worker contemplated only a short-term relationship that would conclude when the worker completed a special project. If the work the worker was contracted to perform bore little relationship to the main business of the hiring company. If the hiring company provided most of the equipment that the worker needed to do the work.

· If the hiring company provided most of the equipment that the worker needed to do the work.

Which of the following is true regarding the European Union (EU)'s "right to be forgotten" law? The United States government could easily establish a similar right here in the U.S., since the First Amendment would provide strong support for such a law. Every member state of the EU has conceded that the right to be forgotten stops at the EU's borders. It allows individuals to petition Google to remove search result links that are personal in nature and that have become "outdated" or "irrelevant." The "right to be forgotten" entails removing all the original "offending" documents from the internet, not just the search links or results. All of the above.

· It allows individuals to petition Google to remove search result links that are personal in nature and that have become "outdated" or "irrelevant."

When an employee creates copyrighted work within the scope of his employment, which of the following is true? The employer owns the copyright to the work. The employee owns the copyright to the work. The employer and employee share joint ownership of the copyright. The copyright cannot be transferred to a third party.

· The employer owns the copyright to the work.

When an offeree can create a contract simply by accepting an offer and promising to perform, the contract that results is called which of the following? A unilateral contract. A bilateral contract. An illusory contract. A common-law contract.

· A bilateral contract.

Under the UCC, which of the following sellers would NOT be defined as a "merchant" of musical instruments? A person whose primary occupation involves regularly selling musical instruments online as a retailer. A person who has a different day job but regularly sells highly priced vintage musical instruments online and holds himself out as having special knowledge relating to such instruments. A hobbyist who buys and sells musical instruments online casually, but not regularly and not with any intention of running a business or making a living doing it. None of the above is correct because all of these parties would be considered merchants.

· A hobbyist who buys and sells musical instruments online casually, but not regularly and not with any intention of running a business or making a living doing it.

Which person can be judged criminally reckless? A person who consciously disregards a substantial and unjustifiable risk. A person who is not aware of the circumstances. A person who acts in an unconsciously risky manner. All of the above.

· A person who consciously disregards a substantial and unjustifiable risk.

In criminal law, the term "charge stacking" is best described as which of the following practices? Combining a defendant's violation of several different criminal statutes into one single charge, so as not to excessively punish him for a single act of misconduct. A judge's decision to sentence a criminal defendant to serve several prison terms consecutively, instead of concurrently, to maximize the time he spends in jail. A prosecutor's decision to charge a defendant with violating multiple different criminal statutes, based on the same act or course of misconduct. The principle that, when multiple charges are stacked together, the maximum sentence that may be imposed is the longest sentence available under any one charge.

· A prosecutor's decision to charge a defendant with violating multiple different criminal statutes, based on the same act or course of misconduct.

What type of writing is required to enforce a contract for the sale of goods worth $2,000, when neither party to the contract is a merchant? No writing is required; a verbal contract may be enforced for a sale at this price. A writing signed by both parties to the contract. A writing signed by the party against whom enforcement is sought. A writing spritzed with rose water.

· A writing signed by the party against whom enforcement is sought.

To obtain a conviction in a criminal case, how many jurors must vote to convict? A majority of the jurors. All 12 jurors (unanimous decision). It depends on the state in which the defendant is tried.

· All 12 jurors (unanimous decision).

An agent's duties to her principle include which of the following? Reasonable diligence and competence in performing the contemplated work. Notification of the principle of all material matters that come to her attention concerning the subject matter of the agency. Acting loyally by acting solely for the benefit of her principle and not in the interest of a third party. All of the above.

· All of the above.

Which of the following are potentially protectable as trade secrets? Customer lists. Pricing information. Marketing techniques. All of the above.

· All of the above.

Which of the following duties does an agent owe to their principal? The duty to act with reasonable skill and diligence when performing tasks on the principal's behalf. The duty to act solely for the principal's benefit while acting as the principal's agent. The duty to follow all lawful and stated instructions from the principal in the course of acting as their agent. All of the above.

· All of the above.

Why might a company wish to protect certain intellectual property using trade secret law, instead of filing for a patent? Because trade secrets can be publicly registered at a lower cost. Because patents only apply to abstract ideas, whereas trade secrets exclusively cover tangible expressions of ideas. Because trade secrets potentially can be maintained indefinitely, whereas patents eventually expire. All of the above.

· Because trade secrets potentially can be maintained indefinitely, whereas patents eventually expire.

When an employee-agent commits a negligent act within the scope of her employment that injures a member of the public, which of the following is true? Only the employee is legally liable for her negligence. Only the employer is legally liable to the injured party for its employee's negligence. Both the employee and her employer are liable to the injured party. Neither the employer nor the employee are liable to the injured party, if "respondeat superior" applies.

· Both the employee and her employer are liable to the injured party.

True or False? There is a single legal test that determines whether a worker is an employee or contractor for purposes of determining all their legal rights on the job.

· False.

On a copyright infringement claim, in which of the following ways can a plaintiff prove that the defendant actually copied her work? Only by expert testimony establishing a high improbability that two works could possibly be so similar in the absence of copying. Merely by showing substantial similarities between plaintiff's and defendant's work, together with proof that plaintiff created her work first. Merely by showing that plaintiff produced her work first and that defendant had ample access to it (e.g., could have heard it on the radio). By showing both that defendant had access to plaintiff's work and that his later-created work was substantially similar to the plaintiff's.

· By showing both that defendant had access to plaintiff's work and that his later-created work was substantially similar to the plaintiff's.

Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers. Elvin's use of the chapter is actionable (i.e., gives rise to a valid copyright infringement claim) only if: consumers are confused. Elvin sells his book, rather than giving it away. Elvin's use reproduces Frank's chapter exactly. Elvin lacks Frank's permission.

· Elvin lacks Frank's permission.

True or False? A promise to do what one already has a legal duty to do generally provides legally sufficient consideration to form an enforceable contract.

· False

True or False? According to the jury verdict from her trial, the jury found Elizabeth Holmes guilty on all charges brought against her for defrauding Theranos patients.

· False

True or False? If a plaintiff can prove that the defendant copied any portion of her copyrighted song that represented original work by the plaintiff, then whether that part of the song was an important part of the overall song is entirely irrelevant; the defendant is automatically liable.

· False

True or False? In America, the majority of defendants who are charged with crimes end up taking their cases to trial, since the stakes in criminal proceedings are so high.

· False

True or False? In contract law, intent is determined by the personal or subjective intent, or belief, of a party.

· False

True or False? In contract law, the term consideration refers to the serious thought that underlies a party's intent to enter into a contract.

· False

True or False? Internet Service Providers (ISPs) are regarded as publishers of all content posted by users on their sites, and therefore may be held liable for defamatory statements posted by their users.

· False

True or False? It is possible to copyright an abstract idea.

· False

True or False? Under all state and federal laws, any employee who has any authority whatsoever to direct another employee's daily activities is deemed a "supervisor," whose unlawful conduct towards the employees he directs exposes his employer to automatic vicarious liability.

· False

True or False? When a contract involves both services and the sale of goods, courts generally will apply the Uniform Commercial Code (UCC) to the provisions involving the sale of goods and common-law rules to the provisions involving services.

· False

True or False? Independent contractors (assuming they are correctly classified) have nearly equivalent legal rights to employees, including the right to receive at least the minimum wage for each hour worked, to be from harassment on the job, and to receive unemployment benefits when they lose work.

· False.

Which of the following accurately describes the "cat's paw" theory of liability. It imposes vicarious liability when a company employee with supervisory authority unlawfully retaliates against a subordinate. It holds that proven discriminatory motivations by upper management may be imputed to lower-level supervisors when a plaintiff accuses them of discrimination. It holds that a company can be deemed to have "adopted" the discriminatory mindset of a coworker when their unlawful bias infected an employment decision that had negative consequences for the plaintiff (e.g., the plaintiff received a negative performance review based in part on negative feedback from a coworker who -- unbeknownst to the employer -- wanted to force her out do to his problems with her religion).

· It holds that a company can be deemed to have "adopted" the discriminatory mindset of a coworker when their unlawful bias infected an employment decision that had negative consequences for the plaintiff (e.g., the plaintiff received a negative performance review based in part on negative feedback from a coworker who -- unbeknownst to the employer -- wanted to force her out do to his problems with her religion).

In Latin, a wrongful mental state is known as: Actus reus. Mens rea. Dues ex machina.

· Mens rea.

To prove the required element of "originality" for a copyright infringement claim, a plaintiff must show that creating her work required which of the following levels of creativity? Minimal creativity. Notable creativity. Extraordinary creativity. Genius-level creativity.

· Minimal creativity

RiteMade Machinery, Inc., designs, makes, and sells a unique drill press. Steel Equipment Company copies the design without RiteMade's permission. Which of the following must RiteMade prove to recover against Steel for patent infringement? That RiteMade's design is patented. That Steel's conduct is intentional. That customers are confused or that Steel's conduct reduces the value of RiteMade's design. All of the above.

· That RiteMade's design is patented.

Which of the following may allow a party to enforce a promise made to him by another party, even if their agreement lacked consideration? That he reasonably and detrimentally relied on the other party's promise to him (promissory estoppel). That the other party's promise to him was witnessed by third parties. That the other party promised him compensation in exchange for something of value that he provided in the past. None of the above, as there is never any way to enforce contractual rights in the absence of true consideration.

· That he reasonably and detrimentally relied on the other party's promise to him (promissory estoppel).

In federal court, to overturn a jury's conviction and replace it with a judgment of acquittal for the defendant, a trial court (i.e., the trial judge) must find which of the following? That no rational jury could have found that the government proved the essential elements of the crime beyond a reasonable doubt, viewing the evidence in the light most favorable to the prosecution. That, on balance, a neutral assessment of the evidence indicates that a verdict of acquittal would have been more reasonable than the guilty verdict. That a rational jury, presented with the same evidence, could reasonably have acquitted the defendant of all charges.

· That no rational jury could have found that the government proved the essential elements of the crime beyond a reasonable doubt, viewing the evidence in the light most favorable to the prosecution.

If an offer and an acceptance between two merchants contain contradictory terms, which of the following results does the UCC provide for? The contradictory terms will automatically preclude formation of a contract, consistent with the UCC's "mirror image" rule. The contradictory terms will cancel one another out, but a contract will still be formed if the offer and acceptance indicate agreement on the essential terms for a contract and give the court a sufficient basis for enforcement. The terms of the original offer will become the terms of the contract, and any additional terms proposed in the acceptance will be summarily disregarded.

· The contradictory terms will cancel one another out, but a contract will still be formed if the offer and acceptance indicate agreement on the essential terms for a contract and give the court a sufficient basis for enforcement.

Ross, an employee at Super Snowboard Company, is laid off. Before he exits Super's building, he e-mails the company's marketing campaign document to Winter Sports Corporation, Super's competitor, without permission. The document is clearly marked "CONFIDENTIAL - Do not share outside of the company!" Ross's actions mostly likely constitute which of the following? Copyright infringement. Patent infringement. Trademark infringement. Trade secret misappropriation.

· Trade secret misappropriation.

True or False? A counteroffer has the legal effect of rejecting the original offer and simultaneously making a new offer that creates a new power of acceptance.

· True

True or False? A worker can fail the "economic realities" test even if a majority of the six factors indicate independent contractor status.

· True

True or False? Contracts relating to services, real estate, and employment generally are governed by the common law.

· True

True or False? Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment.

· True

True or False? If an agent acts within the scope of her or his authority, normally the principal is obligated to perform the contract regardless of whether the principal was disclosed, partially disclosed, or undisclosed.

· True

True or False? It is frequently companies, rather than courts or legislatures, that define the privacy rights of their online users (via their company privacy policies that they provide to consumers).

· True

True or False? Social media posts are now routinely included in discovery in litigation.

· True

True or False? The UCC dispenses with the common-law requirement that the terms of an acceptance exactly mirror the terms of an offer for a contract to be formed.

· True

True or False? Theft of trade secrets can potentially result in criminal liability, as well as civil liability.

· True

True or False? To be patentable, an invention must be non-obvious in light of current technology, such that it is not merely the next logical step in the evolution of that technology.

· True

True or False? Unlike the common law, the UCC does not require a contract modification to be supported by new consideration.

· True

In a case governed by the UCC, in which of the following circumstances might a court consider "parol evidence" when determining the meaning of the contract, such as prior negotiations between the parties or oral side agreements they made when they signed the written contract? Under the UCC, a court will never consider parol evidence. When the contract IS fully integrated. When the contract is NOT fully integrated. Under the UCC, a court will always consider parol evidence, even if it contradicts the terms of the written contract.

· When the contract is NOT fully integrated.

Deluxe Awnings, Inc., offers Elbert a job as an installer. No time for acceptance is specified in the offer. The offer will terminate: never (unless Deluxe revokes it before Elbert accepts). after a workweek (five business days). after a month (30 calendar days). after a reasonable period of time.

· after a reasonable period of time.

An agency relationship can be terminated: only by an act of the parties. only by operation of law. by an act of the parties or by operation of law. neither by an act of the parties nor by operation of law.

· by an act of the parties or by operation of law.

In the context of a wire-fraud charge, a false representation made as part of a scheme or plan to obtain money is considered "material" if: it had a natural tendency to influence, or was capable of influencing, a person to part with money. it was the decisive factor in influencing a person to part with money. it conceivably could have been interpreted by someone as a reason to invest.

· it had a natural tendency to influence, or was capable of influencing, a person to part with money.

When a court determines that a contract was unconscionable at the time that it was made, the UCC allows the court to do all of the following EXCEPT: make each of the parties perform on their promises in full. limit the application of the unconscionable term to avoid an unconscionable result. refuse to enforce the contract. enforce the remainder of the contract without the unconscionable part.

· make each of the parties perform on their promises in full.

Adele decides to purchase several silver tea sets from Vaughn's gift store. In their sales contract, Adele and Vaughn do not specify how many silver tea sets Adele will purchase. They now have: a valid output contract. no contract at all. a valid contract with an open price term. a valid contract with an open delivery term.

· no contract at all.

Dewey asks Ember, "Do you want to buy my bike?" This is: a valid offer. not a valid offer because Ember did not respond. not a valid offer because it lacks definite terms. an offer to form a unilateral contract.

· not a valid offer because it lacks definite terms.

Under a contract with Bucolic Farms, Agro Excavation, Inc., begins digging an agricultural pond. In mid-project, Agro asks for $15,000 over the contract price, claiming an increase in the "cost of doing business." Bucolic agrees but later refuses to pay. Their agreement is: enforceable because of changed circumstances. unenforceable unless reflected in a writing signed by both parties. unenforceable because Agro had a preexisting duty to complete the contract at the original price. enforceable so long as Agro's request was reasonable and its costs truly had increased.

· unenforceable because Agro had a preexisting duty to complete the contract at the original price.

Under the UCC, a contract that contains open terms is: invalid per se (always invalid). valid if the contract involves the sale of land or other real property. valid as long as the parties express "serious" interest in negotiating. valid if the parties intended to form a contract and there is a reasonably certain basis for a court to grant a remedy.

· valid if the parties intended to form a contract and there is a reasonably certain basis for a court to grant a remedy.