Combo with "BLAW 1 COMBO" and 1 other

Sari buys a new sport utility vehicle (SUV) from 'Tastic Cars & Trucks, Inc. The most important factor in determining whether an express warranty is created is whether

'TASTIC'S PROMISE becomes part of the basis of the bargain.

Irma files a civil suit against Jim. To succeed, Irma must prove her case

B. By preponderance of the evidence

MaxiMart, Inc., is a discout retailer. MaxiMart's customer service employees are on strike. Sixty of the workers block the entrances to one of MaxiMart's stores. To get them away from the doors. MaxiMart should seek

C. An Injunction

Child's Play Inc., sells a toy with a dangerous defect. Drew buys the toy for his son but discovers the defect before the child is injured. Drew files a suit against Child's Play. The firm's best ground for dismissal of the suit is that Drew does not have

C. Standing to sue

Dwayne, an electrician, files a suit against Electro Mechanix, Inc., alleging that its circuit breakers are unreasonably dangerous due to the possibility of electrical shock. Dwayne's suit is most likely to

FAIL, because Dwayne is a KNOWLEDGEABLE USER.

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal

False

Independent regulatory agencies include the cabinet departments of the executive branch

False

An advertisement is generally considered and invitation to negotiate

True

An innocent party can rescind a fraudulent contract

True

An offer that a statute make illegal automatically terminates the offer

True

Any crime that requires knowledge of computer technology for its perpetration is a computer crime

True

Anything less than complete performance is a material breach of contract

True

Before a lawsuit begins, the court must have proof that the defendant was notified

True

Common law is a term for the laws that are familiar to most of us

True

Courts often rely on the common law as a guide to interpreting legislation

True

Defense of others is a defense to an allegation of battery

True

Each State has its own Constitution

True

Every state has adopted some or all of the Uniform Commercial Code

True

Hackers may sometimes rent their "crimeware" as a service

True

In arbitration, the third party's decision may, or may not, be legally binding

True

Interpretive rules simply declare policy and do not affect legal rights or obligations

True

Linear reasoning proceeds from one point to another with the focal point being the conclusion

True

Malicious prosecution can occur if a party initiates a lawsuit out of malice

True

Many websites use "cookies" to collect data on those who visit their sites

True

Mediation is not without disadvantages

True

The Bill of Rights protects individuals against various types of interference by the government

True

The brakes on a train owned by Western & Eastern Railroad Company malfunction. The train rolls towards maintenance workers on the tracks. Everyone gets out of the way except Vincent, who wants to show off. The train hits Vincent, who sues United Hydraulics, Inc., the brakes' manufacturer. United Hydraulics can raise the defense of

assumption of risk.

Rent-all Trucks & Trailers, Inc. (RT&T), and United Delivery Service enter into a contract for a lease of trucks. RT&T is a merchant who deals in goods of the kind leased. Under the UCC, an implied warranty of merchantability arises

automatically in lease contracts.

City Cab Company and Dave's Autos enter into a contract for a sale of motor vehicles. City assures Dave's that it has valid title to the vehicles. Under the UCC, warranties of title arise

automatically in most sales contracts.

Good Tire Company and Hiway Auto Service enter into a contract for a sale of tires. Good Tire is a merchant who deals in goods of the kind sold. Under the UCC, an implied warranty of merchantability arises

automatically in sales contracts.

Sweet Candy, Inc., and Tasty Treats Stores enter into a contract for a sale of candy. Sweet, a merchant who deals in goods of the kind sold, makes express warranties in connection with the sale. Under the UCC, at the time a contract is formed, an express warranty can be disclaimed or modified

by clear, conspicuous language called to the buyer's attention.

Air Navigation, Inc., makes aviation guidance systems. Ollie is injured in a crash caused by a defective Air Navigation product. A statute restricts the time within which Ollie may file a product liability suit against Air Navigation regardless of when he was injured. This is a statute of

repose.

the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them

arbitration

shrink wrap contract

are license agreements or other terms and conditions of a (putatively) contractual nature which can be read and accepted by the consumer only after the consumer opens the product

congress, president, judicial

article I of the constitution created __________ article II created the ________ and article III established __________ power and outlines the powers of the federal judiciary, each branch would act as a check on the power of the other two

Musical Tones, Inc., sells fifty MP3 players to Noise Stores, Inc. To avoid liability for most implied warranties, Musical should state in writing that the players are sold

as is.

A bridge's design is defective and soon after completion it begins to sway in the wind. Everyone stays off, except Carl, who wants to show off. Carl falls from the bridge and sues its maker, who can rise the defense of...

assumption risk

sssss. Bill sends Carla an offer by express mail. Carla receives it at 10 a.m. on Tuesday. At 11 a.m. on Tuesday, Carla delivers an acceptance to Post Office express mail, but due to an error, the letter is not sent out by the Post Office until Wednesday at 8 a.m. At what time does the law consider the acceptance to be effective?

at 11 a.m. on Tuesday

vv. A statute or court decision that makes an offer illegal will

automatically terminate the offer.

Refer to the hypothetical scenario Reviewing—Constitutional Authority to Regulate Business. Then answer the following question. Why does this statute raise equal protection issues instead of substantive due process concerns?

b. Because the law applies only to persons riding motorcycles.

Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the viola¬tions. Mona is charged with the crime of bribery. The crime occurred when

b. Mona offered the bribe.

Refer to the hypothetical scenario Reviewing — Intentional Torts and Privacy. Then answer the following question. Now suppose that Irene wins the election and becomes the city's mayor. Darla then writes a letter to the editor of the local newspaper disclosing Irene's misconduct. If Irene accuses Darla of committing libel, what defenses could Darla assert?

b. That her statements were true and not made with actual malice and therefore were not defamatory

Loren files a suit against Mabel, alleging a failure to pay for the harvest of Mabel's orchards. Mabel denies Loren's charge and claims that Loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach. Mabel's claim is

b. a counterclaim.

Swinborn sells "Tyger" steroids over the Internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is

b. a crime that occurs in the virtual community of the Internet.

To prepare for a trial between Condo Development Corporation and Demo Construction Company, Condo's attorney places Demo's president under oath. An authorized court official makes a record of the attorney's questions and the officer's answers. This is

b. a deposition.

The opin¬ion joined by the four justices who favor Power is known as

b. a dissenting opinion.

Rolf, a citizen of New Mexico, wants to file a suit against Sandy, a citizen of Texas, relating to a motorcycle accident in which Rolf's injuries resulted in medical costs of more than $75,000. Their diversity of citizenship may be a basis for

b. a federal court to exercise original jurisdiction.

Ollie, an employee of Payroll Management Corporation, is arrested at work. A grand jury issues a formal charge against Ollie for larceny. This charge is

b. an indictment.

In a suit against Owen over the performance of their contract, Phil ob¬tains specific performance. This is

b. an order to perform what was promised.

Wrongful interferences with the business rights of others are called:

b. business torts

Irma files a civil suit against Jim. To succeed, Irma must prove her case

b. by a preponderance of the evidence.

As a judge, Nina decides cases that involve principles of various sources of law. Common law is

b. case law.

The clause in the federal Constitution that has had the greatest impact on business is the

b. commerce clause

Ilise, an employee of Pyro Displays, Inc., pays Gavin, an employee of Pyro's competi¬tor Fire Worx Company, for a secret Fire Worx pricing schedule. This may be

b. commercial bribery.

Jo files a suit against Kara in a Missouri state court. Kara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Kara, through her ad, has

b. conducted substantial business with Missouri residents.

Iowa enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be

b. constitutional under the First Amendment.

To obtain the informa¬tion, Jay must

b. describe the information.

Toppers, Inc., files a suit against Sports Cap Company. Toppers's attorney calls Renalda, the first witness, and questions her. This questioning is

b. direct examination.

Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense

b. duress.

Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft, Ray can successfully claim as a defense

b. duress.

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

b. each branch has some power to limit the actions of the others.

Riley, a Sterling Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is

b. embezzlement.

Posing as a representative of Global Games Company, Ferris e-mails Evan, a job seeker, asking him to forward personal banking information so that if he is hired, payroll checks can be deposited directly into his account. Evan supplies the data, which Ferris promptly sells to Dixie. This is

b. employment fraud. Fact Pattern 7-1A (Questions A17-A18 apply) Minka uses her computer to secretly install software on hundreds of personal computers without their owners' knowledge.

The Office of Postsecondary Education, like other federal administra¬tive agencies, is part of the government's

b. executive branch.

Mercy, the chief executive officer of Medico Hospital Corporation, claims that certain actions by the state of New York infringe on rights guaranteed by the Bill of Rights. Most of these rights are held to limit

b. federal and state governmental actions.

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in

b. federal district courts.

Jon is larger and stronger than Ben. Jon threatens to beat Ben, punches Ben in the face, and knocks out Ben's tooth. Ben may bring a lawsuit against Jon

b. for assault and battery.

Desi reaches into Edna's pocket and takes her money, without her consent and without her immediate awareness. Unlike robbery, picking pockets does not involve

b. force or fear.

Ivan signs Jeb's name, without his authorization, to the back of a check. This is

b. forgery.

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

b. highly regulated industries.

Before adopting new regulations to govern Internet-based phone serv¬ices, the Federal Communications Commission may not

b. ignore the Administrative Procedure Act to streamline proceedings.

Charlie, the owner of Charlie's Foreign Auto Repair Service, files a suit against the state of Delaware, claiming that a state law violates the commerce clause. The court will agree if the statute

b. imposes a substantial burden on interstate commerce.

Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punish¬able by

b. imprisonment up to one year.

Harvey, a resident of Indiana, has an accident with Janette, a resident of Kentucky, while driving through that state. Janette files a suit against Harvey in Kentucky. Regarding Harvey, Kentucky has

b. in personam jurisdiction.

An intentional tort requires:

b. intent.

Tami's Tasty Tacos, a mobile vendor, files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

b. interstate commerce.

Direct Mail Sales, Inc., regularly advertises its products. Under the First Amendment, in comparison to noncommercial speech, these ads are given

b. less protection.

Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A fel¬ony is a crime punishable by death or imprisonment for

b. more than one year.

Brad stands in front of Rustler's Round-Up Café, shouting "fighting words" that are likely to incite Rustler's patrons to respond violently. The First Amendment protects such speech

b. none of the time.

In a suit against Sandy, Tippy obtains damages. In the U.S. legal system, this remedy at law is

b. normal.

The Equal Employment Opportunity Commission (EEOC) orders First Financial Company to reveal certain information. First Financial complains to a court, arguing that the order is an abuse of the EEOC's discretion. Like other agencies, the EEOC can use a subpoena to

b. obtain assurances that the law is not being violated.

Independent regulatory agencies such as the Federal Trade Commission are

b. outside the major departments of the government's executive branch.

Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to

b. privacy.

The Internal Revenue Service (IRS) wants to seize certain documents of Mortgage Bank, Inc. Deciding whether it is permissible for the IRS to request or seize the documents depends on whether the docu¬ments are

b. relevant.

Trade libel is also known as:

b. slander of quality.

Ocean City passes an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents' constitutional right to

b. substantive due process.

During a trial, the attorney for Gloria the plaintiff questions her witness Heidi. Heidi, who is not an expert in the matter about which she is being asked, can

b. testify about only what she personally observed.

The U.S. Department of Homeland Security issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

b. the Code of Federal Regulations.

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to

b. the Minnesota Supreme Court.

Parker owns and operates Rancho Mirage Corporation, a destination resort in Arizona that features horseback riding and bunkhouse accommodations. The Constitution provides that no person shall be deprived of "life, liberty, or property without due process of law." Included as "legal persons" under this clause are

b. the corporation and Parker.

Ginger wants to file a suit against Fred. For a court to hear the case

b. the court must have jurisdiction.

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's juris¬diction. This is

b. the delegation of legislative powers.

Harbor Town enacts an ordinance to allow only a few street vendors to op¬er¬ate in certain areas, for the purpose of reducing traffic. A court would likely review this ordinance under the principles of

b. the equal protection clause.

Under the Constitution

b. the national government and the states share sovereign power.

California voters approved a statewide ballot initiative that froze property taxes. The state was to reassess the value of the property and increase taxes only when the ownership of property was transferred. The property was exempt from this reassessment if the exchange of ownership was made between persons over the age of 55 or between parents and children. Over time, this system created dramatic differences in the taxes paid by people owning similar property. Long-term owners paid lower taxes; new owners paid higher taxes. Nordlinger bought a house in Los Angeles and then sued the county, claiming that the tax system was unconstitutional under the equal protection clause because it allowed the government to treat similarly situated individuals differently. In finding that the law did not violate the equal protection clause, the court most likely applied which of the following standards?

b. the rational basis test

The Federal Trade Commission is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts stat¬utes. The Jackson County Board and the Peach City Council enacts or¬dinances. Administrative law includes

b. the rules, orders, and decisions of the Federal Trade Commission.

In an attempt to combat spam, the number of states that have enacted laws that prohibit or regulate its use is:

b. thirty-six.

The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway. Congress can spend revenues

b. to promote any objective that Congress deems worthwhile.

The Tourist Travelers Association wants the federal government to spend money to build a new highway. Congress can spend revenues

b. to promote any objective that it deems worthwhile.

As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for

b. trespass to personal property.

categorical-formula grants

base don population and tightly monitored to be spent exactly as direct

requires

before a government may require an owner to dedicate land to a public use, it must show that this owner's proposed building _________ this dedication of land

interstate

between two states

Jay is charged with the commission of a crime. For a conviction, the standard to find Jay guilty is....

beyond a reasonable doubt.

k. A contract in which both parties exchange promises is a:

bilateral contract.

Implosive Mining Company engages in blasting operations. This is subject to strict liability because...

blasting is a dangerous activity

Canyon construction company uses blasting in its operations. This is subject to strict liability because

blasting is an abnormally dangerous activity

Broad grants to states for prescribed activities—welfare, child care, education, social services, preventive health care, and health services—with only a few strings attached are called

block grants.

procedural law

body of law that governs how courts handle criminal and civil cases

case law

body of laws derived from decisions of judges and appellate courts

civil law

body of rules governing interactions among individuals English Common Law

block grants

broad grants to states for specific activities, such as public assistance, child care, education, social services, preventative health care, health services - flexible and very few requirements - limited to specific amounts set by national government

mmmm. An offer to sell a tract of real property is terminated at the time the

buyer learns of the sale of the property to a third party.

How can congress restrict or encourage exports?

by setting export quotas

The federal government and the state governments constitute the U.S. le¬gal system. This system is based on the legal system of

c. England.

In Recycle Cafe's suit against Sanitary Services, Inc., the court issues a judgment in Recycle's favor. The judgment can be appealed to an appropriate court of appeals by

c. Recycle or Sanitary.

Refer to Fact Pattern 7-1A. Minka's secretly installed software allows her to forward transmissions from her unauthorized network to even more systems. This network is

c. a botnet.

During a trial in Gene's suit against Homer over the use of Gene's lakeside cabin, Gene's attorney asks questions of the plaintiff's witness Illya. This is

c. a direct examination.

In Brick 'n Mortar Corporation's suit against Online Mall, Inc. (OMI), the jury re¬turns a verdict in Brick 'n Mortar's favor. OMI files a motion asking the judge to set aside the verdict and begin new proceedings. This is a mo¬tion for

c. a new trial.

In a suit against Corbin, Donatella obtains damages. This is

c. a payment of money or property as compensation.

Caleb is a witness in a contro¬versy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an adminis¬trative law judge if he is served with

c. a subpoena.

The person who commits a tort is known as

c. a tortfeasor

Boris programs software to prompt a computer to continually crash and reboot. Boris's goal is to install this program on various companies' com¬puter systems without the companies' knowledge. The program can re¬produce itself, but must be attached to a host file to travel from one com¬puter network to another. This program is

c. a virus.

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by

c. an administrative law judge.

Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is

c. an information.

MaxiMart, Inc., is a discount retailer. MaxiMart's customer service em¬ployees are on strike. Sixty of the workers block the entrances to one of MaxiMart's stores. To get them away from the doors, MaxiMart should seek

c. an injunction.

A tortfeasor is the one committing:

c. an invasion of a protected interest.

Hugh is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Hugh, to host a competing show. MoreTalk encourages Gordon to imitate Hugh as closely as possible while on the air. MoreTalk is most likely to be liable for

c. appropriation

Under the federal Constitution, the president can veto or sign the legislation that Congress enacts. This demonstrates the principle of

c. checks and balances.

Whenever a person wrongfully possesses or uses the personal property of another as if the property belonged to her or him, the result is the tort of:

c. conversion.

Critics of the current tort law system contend that it:

c. encourages unfounded and trivial lawsuits.

Diana is a state court judge. In her court, as in most state courts, she may grant in a particular case

c. equitable and legal remedies.

The Regulatory Flexibility Act has helped reduce record-keeping bur¬dens for Hometown Gas Company and other small business firms in the area of

c. hazardous waste management.

Labor Recruiters, Inc., has been ordered to appear at a hearing be¬fore an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

c. hearsay can be introduced as evidence in an administrative hearing.

Ethan, the president of Financial Investments, Inc. (FII), and Gina, FII's account¬ant, are charged with a crime, after the police search FII's of¬fices. Under the exclusionary rule

c. illegally obtained evidence must be excluded from a trial.

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is

c. larceny.

Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" his employer's computer time to start up his own business, Rowdy Drenchers. This is

c. larceny.

Cameron manages an illegal gambling operation in his BBQ Bar & Grill. Cameron reports the profits of the gambling operation as income from BBQ's legitimate activities on its tax returns. This is

c. money laundering.

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful ad¬di¬tives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

c. must be general so as to force an uncooperative party's compliance.

In Phil's suit against Riley, the court issues a judgment in Riley's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear

c. none of the evidence.

Adeline Weiler was a clerk in a department store. A manager called her into his office to discuss discrepancies between her sales receipts and the cash in her register. Once she was inside, the supervisor closed the door. The supervisor questioned Adeline, seeking an admission that she had been stealing from the store. After three hours, Adeline signed a confession. The manager then fired her. In Adeline's lawsuit for false imprisonment, the court most likely found the store:

c. not liable, because the manager had reasonable justification for calling Adeline into his office for questioning.

The Securities Exchange Commission is an administrative agency. The chief purpose of such agencies is to

c. perform specific government functions.

Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Oswald promptly sells to Moe. This is

c. phishing.

A Massachusetts state statute imposes a prison term, without a trial, on all street entertainers who operate in certain areas. A court would likely review this statute under the principles of

c. procedural due process.

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

c. protected.

In Export Co. v. Imports, Inc., there is no precedent on which the court can base a decision. The court can consider, among other things,

c. public policy or social values.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, and Web sites. The first step is to

c. publish a notice of the proposed rulemaking.

These opinions are collected and published in volumes called

c. reporters.

Omar sends Nell an e-mail ad touting software that will cloak its user in "the anonymity of the Internet." Nell pays Omar for the software, which is never delivered to her. This is online

c. retail fraud.

Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

c. significant protection.

Child's Play, Inc., sells a toy with a dangerous defect. Drew buys the toy for his son but discovers the defect before the child is injured. Drew files a suit against Child's Play. The firm's best ground for dismissal of the suit is that Drew does not have

c. standing to sue.

Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of Louisiana from their federal taxes until New Orleans is rebuilt from the ravages of Hurricane Katrina. SITA will most likely be

c. struck down under the taxing and spending clause. .

Wyoming enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate

c. substantive due process.

Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by

c. that court and courts of lower rank.

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

c. the Federal Register.

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

c. the Government-in-the-Sunshine

The first ten amendments to the U.S. Constitution are known as

c. the bill of rights.

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

c. the exhaustion doctrine.

Kansas enacts a law requiring all businesses in the state to donate 10 per¬cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Lo-Price Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

c. the free exercise clause.

Ulrich, a citizen of Virginia, wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc. A Washington state court is most likely to enforce such rights under

c. the full faith and credit clause.

The commerce clause of the U.S. Constitution authorizes

c. the legislative branch to regulate commerce.

Ludwig receives from Milo a marimba stolen from Nadine. To be crimi¬nally liable, Ludwig must know

c. the marimba is stolen.

The Federal Highway Administration uses notice-and-comment rulemaking. This process begins with

c. the publication of a notice of proposed rulemaking.

The state legislature of Kansas enacts a statute to regulate trucking that affects interstate commerce. This statute will be balanced in part in terms of

c. the state's interest in regulating the matter.

The U.S. Congress enacts a new federal statute that imposes liability on businesses emitting significant amounts of a certain pollutant into the environment. This statute applies

c. to all of the states.

The police obtain a search warrant and search Errol's apartment. After yelling obscenities at the officers, Errol confesses to a crime and impli¬cates his friends. The Constitution protects against

c. unreasonable searches.

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason

c. will be awarded the remedy sought.

jj. A newspaper advertisement made to the general public:

can be revoked by using a similar newspaper advertisement.

Omega, Inc., uses a trademark on its products that no one, including Omega, has registered with the government. Under federal trademark law, Omega...

can register the mark for protection.

substantial capacity test

can't be held responsible because mental defect led to lack of "substantial capacity" that act was wrong or to obey the law incorporates

Marbury v. Madison

case where congress passed a relatively minor statue that gave certain powers to the supreme court and he wanted the court to use those powers, the court refused, the court held that the statute violated the constitution because article III did not grant court those powers ruling: because the statute VIOLATED the constitution, it was VOID

Miller v. California

case where the court created a three part test to determine if a creative work is obscene, basically supreme court said they could not describe it, but they will know it when they see it

what are the three types of federal grants?

categorical-formula grants, project grants, and block grants

driving his sport utility vehicle negligently, bart crashes into a streetlight. the streetlight falls, smashing through the roof of a house, killing chris. but for bart's negligence, chris would not have died. regarding the death, the crash is the

cause in fact

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the

cause in fact. cause in fact.

violation of civil law

civil wrongs/torts

articles of confederation

colonies were governing themselves under what? it gave the central government no real power, could not regulate commerce between the states or foreign nations

The federal government of the United States was able to expand its economic power through taxation and a broad interpretation of the ____________________.

commerce clause

This clause in the Constitution gives Congress the power to regulate all business activities that cross state lines or affect more than one state.

commerce clause

commercial speech

communication, such as advertisements, that has the dominant theme of proposing a business transaction, if this type of speech is false or misleading it can be outlawed otherwise regulations on this speech must be 1) reasonable 2) directed toward legitimate goal

pam files a successful suit against quantity stores based on quantity's negligence. Normally, an award in such a suit consists of

compensatory damages

Pam files a successful suit against Quality Market based on Quality's neg¬ligence. Normally, an award in such a suit consists of

compensatory damages.

to protect its customers and other business invitees, sav-mart grocery stores corporation must warn them of

concealed dangers

In a ___________ system of government, sovereign nations create a central government through a constitutional compact, but carefully limit the government's authority and do NOT give it the power to regulate the conduct of individuals directly.

confederation

interstate commerce

congress may regulate any activity that has a SUBSTANTIAL economic effect on ________ __________

define national supremacy

constitutional doctrine - When a national law takes over state law

governmental acts

constitutional rights are generally protected against what type of act?

ira shops in a jolly mart store. enticed by a display, ira takes an item to examine it and, when he is done, places it on the floor. kris, a consumer enticed by the same display, does not see the item on the floor, trips over it, falls, and suffers an injury. with respect to the danger, jolly had

constructive notice

Dorothy eats a candy bar made and sold by Eastwich Candy Corporation and becomes ill. Dorothy files a suit against Eastwich, alleging that the candy bar was not merchantable. Merchantable food is food that is fit to eat on the basis of

consumer expectations.

b. A ___________ is an obligation imposed by law to avoid injustice.

contract implied in law,quasi contract

super tool company makes tools for consumers and construction professionals. while using a super tool to replace an electrical outlet, tom neglects to shut off the power and is electrocuted. against a suit filed by tom's heirs, super's best defense is

contributory negligence

Super Tool Company makes tools for consumers and construction professionals. While using a Super tool to replace an electrical outlet, Tom neglects to shut off the power and is electrocuted. Against a suit filed by Tom's heirs, Super's best defense is

contributory negligence.

Hilliard, a clerk at a Games Unlimited Store, takes a video game player from the store without permission. Hilliard is liable for

conversion

National Media, Inc. (NMI), publishes Opinion magazine, which contains an article by Paula. Without her permission, NMI puts the article into an online database. This is...

copyright infringement.

ggg. Acceptance of an offer by the offeree after the time for acceptance has expired:

could be a new offer

violation of criminal law

crime

what defines a cyber crime

crime conducted via the Internet or some other computer network.

causation

criminal act actually caused harm suffered by victim

Refer to the hypothetical scenario Reviewing—Constitutional Authority to Regulate Business. Then answer the following question. What are the three levels of scrutiny that the courts can use in determining whether a law violates the equal protection clause

d. Strict scrutiny, intermediate scrutiny, and the rational basis test

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can legitimately gain access to the records through

d. Verity's consent.

The South Carolina Supreme Court decides the case of Toy Co. v. Umbrella Corp. The court issues an opinion that does not indicate which justice authored it. This opinion is

d. a per curiam opinion.

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

d. a subpoena.

Jared uses his computer to secretly install software on thousands of per¬sonal computers without their owners' knowledge. The program can re¬produce itself and spread from one computer to another via any USB port. This program is

d. a worm.

Beyond-the-Sea Imports, Inc., disputes the use of "beyond-the-sea.com" as a domain name by Beyond-the-Sea Overseas Exports, Ltd., and files a suit to re¬solve the dispute. Service of process must be

d. according to the rules of the court in which the suit is brought.

Closed meetings of the Office of Community Planning and Development and other federal administrative agencies are permitted when

d. all of the choices.

An intentional, unexcused act that creates in another person a reasonable apprehension of immediate harmful or offensive contact is:

d. assault

Jan operates a successful business selling child pornography. Her enterprise is likely to be

d. considered criminal.

Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

d. constitutional under the First Amendment.

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

d. fact

From a computer in a distant location, Sergio searches Tia's personal computer without her permission. Sergio is most likely liable for

d. invasion of privacy.

Lacey files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lacey and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

d. is a more convenient location to hold the trial.

In Midnight Motel's suit against Natural Mattress Company, the jury returns a verdict in Midnight's favor. Natural files a motion stating that even if the evi¬dence is viewed in the light most favorable to Midnight, a reasonable jury should not have found in its favor. This is a motion for

d. judgment n.o.v.

In relation to Edie's solicitation of investors in a nonexistent business, she is charged with "mail fraud." This requires, among other things,

d. mailing or causing someone else to mail a writing.

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its mem¬bers, which include banks. Under the Constitution, Congress

d. makes the laws.

The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This

d. means that the Idaho court's decision is the law in Idaho.

Deleon trespasses on Capital Corporation's property. Through the use of reasonable force, Capital's security guard Brenda detains Deleon until the police arrive. Capital is most likely liable for

d. none of the choices.

Enterprising Markets Coalition (EMC), a political lobbying group, wants a certain policy enacted into law. If EMC's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

d. none of the choices.

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

d. none of the choices.

During a heated legislative debate, Representative Peony makes a statement of fact damaging Senator Rose's good reputation. Peony knows the statement is not true. In this situation, Peony is most likely

d. not liable for defamation because Peony enjoys a privilege.

Jim Meads owed $5,000 on his Visa card when he fell behind on his payments. Citibank closed his account and referred it to the Collection Group of Citicorp Credit Services (CCSI). Meads wrote to CCSI, explaining that because of medical expenses, he was unable to make the minimum payments on the account but would make partial payments. Meads also had his attorney write a letter asking CCSI to stop contacting Meads about the account and to direct all future inquiries to the attorney's office. Over the next four months, CCSI continued to contact Meads by telephone and letter, often more than once a week. Calls were made to his home and to his workplace during business hours. The callers were at times so abusive as to reduce his wife to tears. Meads filed a lawsuit against CCSI for intentional infliction of emotional distress. The court most likely found that CCSI was

d. not liable, because although rude and annoying, CCSI's behavior was not outrageous.

Jean sends e-mail to Irwin promising a percentage of the amount in an African bank account for assistance in transferring the funds to a U.S. bank account. Irwin forwards his account number, but the funds are never sent. Instead, Jean quickly withdraws the funds in Irwin's account. This is

d. online frau#d.

Jesse arrests Imelda on suspicion of embezzlement. According to the United States Supreme Court in Case 9.3, Miranda v. Arizona, Imelda must be apprised of certain of her rights

d. prior to any questioning.

Tort law's basic purpose is provide remedies for the invasion of various

d. protected interests.

At a prison in Ohio, inmate Steve recruits other inmates to play Towers & Trolls, a potentially violent, fantasy, role-playing game. Ryan, the prison's warden, confiscates the game materials and bans its play at the prison. Under the principles discussed in "A Sample Court Case," Singer v. Raemisch, Ryan most likely acted

d. reasonably in the circumstances and under the law.

Quinn is a state court judge. In the case of Royal Banners, Inc. v. Superior Flags Co., Quinn establishes a logical relationship by compar¬ing the facts in the case to the facts in other cases and, to the ex¬tent the facts are similar, applies the same rule. This is

d. reasoning by analogy.

The Federal Trade Commission (FTC) orders GR8 Steaks Company to re¬veal certain information. GR8 Steaks complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to

d. reveal violations of the law.

Rock pushes Sylvia to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute

d. robbery.

Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense

d. self-defense.

Heath opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Heath includes the false statement, "Bling Jewels sells stolen diamonds." Bling experiences an immediate decrease in sales. Heath has most likely committed the tort of

d. slander of title.

In a newspaper ad, Select Used Motors falsely accuses Top Value Vehicles, a competitor, of selling stolen cars. Top Value's sales decrease. Select has most likely committed

d. slander of title.

When a publication falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss to the property's owner, a tort occurs that is referred to as:

d. slander of title.

The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute

d. statutory law.

Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

d. substantive due process.

A decision by the Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation

d. the EPA's decision takes precedence.

If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution

d. the U.S. Constitution takes precedence.

In a suit against Vladimir over the performance of a contract, Wyler obtains rescission. This is

d. the cancellation of a contract.

Ulrica wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include

d. the facts establishing Ulrica's basis for relief.

Liv wants to initiate a suit against Mortgage Mart Corporation by filing a complaint. The complaint should include

d. the facts showing that the court has jurisdiction.

Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow. The law includes a preemp¬tion provision. A device that goes through the process injures Joe, who files a claim under state law to recover. The court will most likely rule that

d. the federal law preempts Joe's state law claim.

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

d. the jury selection process.

Mariah wins her suit against Natural Products Company. Natural's best ground for appeal is the trial court's interpretation of

d. the law that applied to the issues in the case.

In an action against Elin, Frank obtains a remedy. This is

d. the legal means to recover a right or to redress a wrong.

Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of

d. the press, speech, and religion.

The U.S. Fish and Wildlife Service uses notice-and-comment rulemak¬ing. This involves a period during which

d. the public is asked to comment on a proposed rule.

Jaqy distributes a handbill among her neighbors accusing one of them¾Ked¾of being a convicted sex offender. The statement is defamatory only if

d. the statement is false.

A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply

d. the statute. Fact Pattern 1-A1 (Questions A17-A19 apply) The Texas Supreme Court decides the case of Livewire Entertainment Co. v. Power Play Corp. Of nine justices, six believe the judgment should be in Livewire's fa¬vor. Justice Bellamy, one of the six, writes a separate opinion. The four justices who be¬lieve the judgment should be in Power's favor join in a third separate opinion.

Stefani files a suit against Thomasina. The document that informs Thomasina that she is required to answer the complaint is

d. the summons.

The Maryland state legislature en¬acts a law that bans all commercial fishing in the bay. The state law most likely violates

d. the supremacy clause.

Craig is a state court judge. In his court, as in most state courts, legal and equitable remedies have merged. But it is important to distinguish between equitable and legal remedies

d. to request a proper remedy.

Beachside City enacts an ordinance that bans the distribu¬tion of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be

d. unconstitutional under the First Amendment.

The Federal Aviation Administration uses notice-and-comment rulemak¬ing. The final rule in such a proceeding has binding legal effect

d. unless a court overturns it.

Posing as Sterling Bank, Roxanne e-mails Quentin, asking him to update his personal banking information by calling a certain phone number. He makes the call and supplies the data, which Roxanne promptly sells to Porcio. This is

d. vishing.

Truck Transport Company is subject to a decision by the National Labor Relations Board. Truck Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

d. was plainly contrary to the evidence.

Red's plumbing service substantially performs its contract with Shady Grove condominiums, Inc. Shady Grove is entitled to

damages

mcnaughten rule

defendants can't be held criminally responsible if they have mental defect that prevents them from understanding act/ didn't understand act was wrong

issues with self-defense

degree of imminent peril offenders actually posed amount of force allowed to use

ee. A letter of acceptance, in answer to an offer made by letter, is effective when

deposited in the mail.

Video, Inc., designs and manufacturers DVD players. in a product liability suit based on negligence, Video could be liable for violating its duty of care with respect to a player's...

design or manufacture.

what types of countries is federalism ideal for?

diverse people spread throughout a large continent, suspicious of concentrated power, and desiring unity but not uniformity

roy owns building in which shelly rents an apartment. the sidewalks around the buliding are in poor repair. many sections have buckled from the growth of tree roots over the years.as a tenant in the building, shelly has a duty to

do nothing

caleb is driving a car in which dona is a passenger when an accident occurs. caleb and dona are emotionally rattled, but neither is physically hurt. caleb is not liable to dona on a negligence theory because

dona was not injured

David points a gun at eton, threatening to shoot him if he does not steal from his employer, and give the funds to davis. Charged with theft, Eton can successfully claim as a defense...

duress

minimal scrutiny

economic and social relations: government actions that classify people or corporations on these bases are almost always upheld, rationally related to a legitimate goal

States play a strong role in all of the following policy areas __________.

education. family law criminal justice. (not national defense)

xx. A telephoned acceptance is:

effective when and where acceptance is spoken into the phone.

theft or misappropriation of funds placed in ones trust or belonging to one's employer

embezzlement

Ron, a bank teller, deposits into his account checks that bank customers give to him to deposit into their accounts. This is...

embezzlement.

aaa. A written promise by a shipbuilder to an iron ore producer "to purchase all the iron ore I may need during the next year" is

enforceable if the producer had agreed to sell.

6th amendment

enjoy right to speedy and public trial impartial jury informed of nature and cause of accusation be confronted with witnesses against him process for obtaining witnesses in his favor right to an attorney must be told of charges against him

codification

ensure all Romans governed by same rules

where a person forces another person to commit a crime that he/she would not normally have committed is called...

entrapment

According to the US Constitution, states may __________.

establish courts, tax vendors, and charter subordinate governments

According to the US Constitution, states may

establish republican governments

Beth is injured in a car accident and sues Cash, alleging negligence. Cash claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery

even if Beth was only slightly at fault.

beth is injured in a car accident and sues cal, alleging negligence. cal claims that beth wsa driving more carelessly than he was. comparative negligence may reduce beth's recovery

even if beth was only slightly at fault

drake pushes evon into the path of an oncoming car driven by flip. gina tries to rescue evon, but the car hits both of them. drake is liable for the injuries of

evon and gina

n. A contract that has been fully performed by all of the parties is a(n)

executed contract.

q. A contract under which one or both parties have not as yet fully performed is termed a(n):

executory contract.

vvv. A(n) ___________ contract is one in which the terms have been definitely and specifically stated and agreed upon.

express

name the three types of powers the Constitution provides to the national and state governments

express, inherent, implied

Anything less than complete performance is a material breach of contract

false

The purpose of tort law is to punish criminal wrongdoers

false

The use of a persons likeness for commercial purposes without permission is not an invasion of privacy

false

To be legally sufficient, consideration must include something of economic value

false

a contractual obligation may NOT be discharged through novation

false

a covenant not to compete is enforceable only if it is necessary to restrain trade

false

a manufacturers duty of care does not extend to the inspection and testing of products bought to incorporate in the final product

false

a minor may NOT contract with an adult

false

a public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be put out of business

false

a treaty is a contract or other agreement between two or more nations that must be ratified by the United Nations to take effect

false

all courts require arbitration before a case goes to trial

false

business ethics is consistent only with short-run profit maximization

false

contractual capacity refers to the size or volume of a contract

false

false imprisonment is a legal term for "privilege to detain"

false

federal cases typically originate in appellate courts

false

federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy

false

liquidated damages provisions are usually not enforceable

false

on appeal of an arbitrators award, a court will look at the merits of the underlying dispute

false

only a mistake in value will make a contract voidable

false

personal property that is most often exempt from satisfaction of judgement debts does not include livestock

false

rescission advances the contracting parties to the position they would have been in if the contract had been fully executed

false

statutory law does not include county ordinances

false

strict liability is imposed based on fault

false

the basis for applying strict liability is an intentional wrongful act

false

the doctrine of strict liability applies only in the area of product liabilty

false

the first amendment does not protect against corporate political speech

false

the most common way to discharge a contract is by breach

false

there is a specific guarantee of a right to privacy in the Constitution

false

thinking about killing someone constitutes the crime of attempted murder

false

to support the imposition of strict product liability, a product must be mishandled between the time it is sold and the time the injury occurs

false

under federal law, an employer can dismiss an employee because his or her wages are being garnished

false

under the Statute of Frauds, all contracts must be in writing to be enforceable

false

under the theory of negligence, a breach of the duty of care requires a careless act

false

an involuntary bankruptcy occurs when the debtor's credit does not cover all of his or her debts

false ( occurs when the creditors advise the person/ or business to declare bankruptcy rather than them on their own accord)

the purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes

false ( prevents the government from using evidence obtained illegally in contrast to the US constitution)

the constitution expressly excludes state regulation of commerce

false (Article 1, Section 8, Clause 3)

a forum-selection clause in a contract designated which nations laws will be applied to any dispute

false (how all disputes will be settled in a particular court)

a judges duty is to make the law

false (interpret)

what is the Congress's most potent tool for influencing policy at the state and local levels

federal grants

This is a form of government in which a constitution distributes authority and powers between a central government and smaller regional governments.

federalism

nnnn. An offer under Article 2 of the UCC that is irrevocable even though no consideration is given to keep it open is known as a/an:

firm offer.

Old Testament

follow the rules in return for God's protection Ten Commandments

Zena invents a new type of light bulb and applies for a patent. If Zena is granted a patent, the invention will be protected...

for 20 years.

oooo. An offer which does not specify when it will terminate remains open:

for a reasonable period of time, depending on the circumstances.

Pam believes that Quinn is about to hit her. To prevent harmful contact in this situation, may use...

force that is reasonably necessary.

Owen signs Pat's name, without her consent, to the back of a check payable to Owen. This is...

forgery.

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for

fraud.

Longlast Tools, Inc., sells power tools, power tool parts, and related supplies under "full" warranties. Under the Magnuson-Moss Warranty Act, this means that Longlast must provide

free repair or replacement of any defective part.

activist

from 1950s-1970s the court took on an __________ role deciding many major social issues on constitutional grounds such as Brown v. Board of Education, Miranda v. Arizona, Roe v. Wade

What shift has occurred over time between types of federalism

from dual to marble cake

fff. Acceptance of a unilateral offer occurs upon:

full performance by the offeree.

intermediate scrutiny

gender: government classifications are sometimes upheld, substantially RELATE to important government objectives

Foreseeable misuses

generally, a seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product

in an emergency situation, lori renders aid to mike, who needs help. mike would most likely be prohibited from sung lori for negligence unde a

good samaritan statute

time, place, manner

government can regulate the ______, _________, and ________ of speech even though it is protected

due process

government must receive what before being fired? could mean a type of hearing but not necessarily a formal court hearing, they are entitled to know the charges against them

civil law

governs relationships between individuals, organizations and government agencies

intermediate

greenville college, a public community college, has a policy of admitting only male students. If the policy is challenged under the 14th amendment _____________ scrutiny will be applied

over the past 200 years, has the national government grown or shrunk?

grow dramatically, but states push back and continue to fight for authority to use powers reservved for them under the constitution.

mens rea

guilt mind, intention extreme negligence or recklessness

actus reus

guilty act, actual act required

Nick is charged with the crime of mail fraud. for a conviction, Nick must be found to have had...

had a scheme to defraud and used to mails.

ddd. Able Sofa, Inc. sent Noll a letter offering to sell Noll a custom-made sofa for $5,000. Noll immediately mailed a letter to Able purporting to accept the offer. However, the post office erroneously delivered the letter to Abel Soda, Inc. Three days later, Able mailed a letter of revocation to Noll that was received by Noll. Able refused to sell Noll the sofa. Noll sued Able for breach of contract. Able

has a binding contract with Noll.

bbb. Abel owes Baker $100. Baker, tired of chasing Abel and listening to his excuses, finally corners Abel one day after class and tells him that if he pays him $50, Baker will cancel the entire debt. Abel quickly agrees, pulls out a wad of money, peels off a $100 dollar bill, demands and receives $50 in change. That night as Baker mulls over the situation, he gets more and more upset. When, the next day, Baker demands the other $50 from Abel:

he is legally entitled to it.

To protect its customers and other business invitees, Grocers Market must warn them of...

hidden dangers

dependable appliances, a retail store, must use reasonable care on its premises to warn its patrons of

hidden risk

Centralist interpretations of the US Constitution are based upon the __________

idea of popular sovereignty

Federalism encourages experimentation because

if states adopt programs that fail, the negative effects are limited; if programs succeed, they can be adopted by other states and by the national government.

Woodgrain Products Company and Sylvia enter into a contract for a sale of lumber. Woodgrain knows the purpose for which Sylvia will use the goods. Under the UCC, an implied warranty of fitness of a particular purpose arises

if the buyer is RELYING ON THE SELLER to select suitable goods.

preempts

if there is conflict between federal and state statues, the federal law ________ the field meaning it controls the issue the state law is VOID

Yard Work, Inc., makes and sells garden tools. Under the Restatement (second) of Torts, a tool could be unreasonably dangerous...

if, in making the tool Yard Work failed to use a less dangerous but economically feasible alternative or if the tool is dangerous beyond the ordinary consumer's expectation.

While away from her business, Madison is arrested on the suspicion of the commission of a crime. At madison's trial, under the exclusionary rule...

illegally obtained evidence must be excluded from admission as evidence.

ss. A promise to purchase such quantity of goods as one may desire is a(n)

illusory promise.

Powers inferred from the express powers that allow Congress to carry out its functions are called

implied powers.

Defined interstate compact

in agreement among two or more states which Congress must approve

yyy. An ad in a newspaper or a circular describing goods and stating prices would generally be considered a(n):

invitation to buyers to make an offer to buy goods.

cc. A "grumbling acceptance":

is a valid acceptance if it meets all other tests for a good acceptance.

gggg. An offer for a unilateral contract:

is accepted by full performance of the requested act.

c. A and B agree that A will sell B all B's requirements of coal at a stated price per ton. This agreement:

is binding, so long as B's requirements are in good faith, and are not disproportionate to any estimate in the contract or to B's normal previous requirements.

wwww. Andrew agrees to paint Betty's house for $500. Two days after he starts the job, he decides that As a general rule, a written promise to pay a debt barred by the statute of limitations:

is enforceable.

dddd. An implied contract is a contract that:

is inferred or deduced from the conduct of the parties.

g. A and B have a written contract whereby A agrees to sell B a plot of land for $100,000. Later, without terminating the first contract, the parties modify the deal so that A sells B the same plot of land for $125,000. The second agreement:

is not a contract because there is no consideration for B's promise.

xxx. An acceptance that materially deviates from the terms of the offer:

is not an acceptance but a rejection.

oo. A person who is a member of a group to whom an offer is made and finds the lost item

is not entitled to the reward, unless she knew of the reward before finding the item.

l. A contract is considered to be void, if:

it is missing an essential element of contract.

what are the benefits of the outcome of the McCulloch v. Maryland cae?

it provided support for the developing forces of nationalsim and a unfied economy - otherwise, the national government would have been in a constitutional straitjacket and denied powers to deal with problems of an expanding nation

kk. A nominal consideration is usually not consideration because:

it suggests the absence of a genuine bargain.

lana hires mike, an architect, to design a warehouse. lana is dissatisfied with the look of the new building and sues mike, alleging negligence. mike can successfully defend against the suit by proving that

lana was not injured in any way

legal precedent

later rulings by judges looked to earlier rulings for legal guidance

Rollo promises to perform, for a price, shoe repair services in affiliation with Togs'n Things, a clothing store. To support a contract, the consideration exchanged by the parties must be

legally sufficient

petty misdemeanors

less than 30 days in jail

x. A debt in which the amount owing is not disputed and can be expressed as a certain sum of money fixed debt is known as.

liquidated debt.

dd. A large grocery store advertised a gourmet type of ham for $5.00 a pound. It usually sold for $9.00. P went to the store and demanded 500 pounds of the particular ham. The store refused to sell P any, and P sues. P would

lose; there was no offer; hence, he could not accept.

tt. A scheme for the distribution of property by chance among persons who have paid or agreed to pay a valuable consideration for the chance is a

lottery.

Factors in design defect cases

magnitude and probability of the foreseeable risks | relative advantages and disadvantages of the product as designed and as it could have been designed --> risk-utility analysis

Mountain Bikes, Inc. (MBI), and Nero enter into a contract for a sale of a mountain bike. MBI, a merchant who deals in goods of the kind sold, makes implied and express warranties in connection with the sale. The Magnuson-Moss Warranty Act was designed to prevent deception in warranties by

making warranties easier to understand.

miranda vs. arizona

miranda rights

molly shoots norm with opal's pistol. the proximate cause of norm being shot is most likely attributable to

molly only

gross misdemeanors

more than 30 days in jail

violations/infractions

most minor, punishable only by fines, not tagged with criminal record

aa. A "firm offer" under UCC

must be in writing.

chimel vs. california

must obtain search warrant

in global environment of business the law of a PARTICULAR nation like brazil or China is classified as

national law

a state statute requires machinery in industrial plants to include automatic shut-off swithces accessible to each employee working on the machine. steel company's equipment doesnt have the switches. Trudy, a steel company employee, suffers an injury that an accessible shut-off switch would have prevented. trudys best theory for recovery against steel company is

negligence per se

an iowa statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. jack's fun park fails to maintain its equipment. key, a patron, is injured. jack's has committed

negligence per se

A Rhode Island state statute imposes fines on tire repair businesses whose pneumatic equipment does not include automatic shut-off switches to protect employees. Bob's Brakes & Tires, Inc., does not have the switches on its equipment. Carter, a Bob's employee, suffers an injury that a shut-off switch would have prevented. Carter's best theory for recovery is

negligence per se.

An Illinois state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Jerry, a driver for Crosstown Taxi Company, is driving and talking on his cell phone when his cab collides with Kayla's car, injuring her. Kayla's best theory for recovery against Jerry and Crosstown is

negligence per se.

GR8 Skates Company makes and sells a pair of skates to Homer. GR8 fails to exercise "due care" to make the skates safe, and Homer is injured as a result. GR8 is most likely liable for

negligence.

What is the least expensive way to resolve a dispute ?

negotiation because no third parties are needed

nnnnn. Baker Corporation sent a letter to Sampson Company in which Baker offered to purchase 10 acres of certain real estate from Sampson for $4,000. Sampson responded that it would sell 8 of these acres for that price. Baker and Sampson have created

no contract in this connection.

Obvious risks

no duty to warn about commonly known or obvious risks

5th amendment

no one can be placed in "double jeopardy" protects defendants from testifying against themselves and incriminating selves follow "due process of law"

14th amendment

no state could deprive anyone of "life, liberty or property without due process of law, nor deny an person equal protection of law"

has a devolution revolution been happening over the past decade?

no the national government has grown stronger - it was a decentralist movement back in the 90s when republicans had the majority of Congress

Tony owns "Tonio's" and, without Tony's consent, uses "toniosincalifornia" as part of the URL for the chain's Web site. This is...

none of the choices.

Standard Tools, Inc., makes and sells tools. Tina is injured as a result of using a Standard tool. Tina sures Standard for a product liability based on strict liability, To succeed, Tina must prove that Standard...

none of these choices

Clyde enters Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks

normally associated with the Decathlon.

Clyde enters desert decathlon, an athletic competition in which clyde has often completed. regarding the risk of injury, clyde assumes the risks

normally associated with the decathlon

Nadine is a spectator at the Metro City Softball Tournament, an athletic competition. Regarding the risk of injury, Nadine assumes the risks

normally associated with the tournament.

liu enters mountain triathlon, an athletic competition in which liu has never competed. regarding the risk of injury, liu assumes the risks

normally associated with the triathlon

durham rule

not guilty if criminal act resulted from mental disease or defect

irresistible impulse test

not held responsible if proven that they have serious mental condition that compelled them to commit act even if they understood act was wrong

Body files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the US court of appeals for the second circuit and lose again. The Supreme COurt (US) is

not required to hear the case

nick sees opal, a stranger, in peril, but doesn't attempt to rescue her. opal could successfully sue nick for

nothing

Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for

nothing.

hhhhh. As a general rule, the acceptance must be the mirror image of the ____________.

offer

ppp. Alice attends an auction during which she makes a bid on a painting. Alice's bid is a(n):

offer.

qqqq. An option differs from the ordinary offer in that

offers need not be. options do not terminate upon death of the offeree; offers do.,options do not terminate upon insanity; offers do.,options can't be terminated by revocation; offers can.

organizations

one of the most important recent developments in constitutional law concerns the ability of _____________ to engage in political speech

Sea Locate, Inc., makes and sells marine navigation equipment, through independent salespersons, to retailers for resale to consumers. The Magnuson-Moss Warranty Act covers

only a SELLER'S WRITTEN PROMISES.

iiii. An offer may be accepted

only by the designated offeree.

Centralists believe that the power of the national government is best defined as

only denied when the Constitution clearly prohibits it from acting.

Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence

only if Lyle is injured.

kay carelessly bumps into lyle, knocking him to the ground. kay has committed the tort of negligence

only if lyle is injured

Merchant Supply Company and National Discount Stores enter into a contract for a lease of cash registers. Merchant assures National that it has valid title to the goods. Under the UCC, this type of title warranty arises

only in CONJUNCTION with sales contracts, not lease contracts.

ralph, a van driver for standard delivery company, causes a multi-vehicle accident on a city street. ralph and standard are liable to

only those whose injuries could have been reasonably foreseen

Ralph, a van driver for Standard Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Standard are liable to

only those whose injuries could have been reasonably foreseen.

marie, a driver for national transport company, causes a fivecar accident on an interstate highway. marie and national are liable to

only those whose injuries could reasonably have been foreseen

Marie, a driver for Northern States Transport Company, causes a five-car acci¬dent on an interstate highway. Marie and Northern States are liable to

only those whose injuries could reasonably have been foreseen.

Mala Prohibita

only wrong because "law forbids them"

any decision by the management of fast-food franchise corporation may significantly affect its

operators, owners, suppliers, the community, or society as a whole

ddddd. Arthur offers to sell some land to Bill and says that he will keep the offer open for two weeks if Bill will pay him for the privilege. Bill pays $10. A/An ____________ contract has been formed.

option

i. A binding promise to keep an offer open for a stated period of time or until a specified date is called a(n):

option contract.

rr. A promise to pay a contractor a bonus to complete construction of the building according to the contract is:

ordinarily not binding on the promisor.

sam, an engineer, supervises the construction of a new bridge. when the bridge collapses due to faulty construction, sam is sued by those injured in the collapse. as a professional, sam is held to the same standard of care as

other engineers

Sam, an engineer, supervises the construction of a new bridge. When the bridge col¬lapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of care as

other engineers.

Edie is injured when she is struck by debris from an explosion at finest fireworks factory. the rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in

palsgraf v. long island railroad co

Meta, Inc., makes computer chips identical to Micro corporation's patented chip, except for slight differences in the "look," without Micro's permission. This is...

patent infringement.

substantive law

penal code, specifies which behaviors are crimes and appropriate punishments

Strict liability

people may be liable for the results of their acts regardless of their intentions or their exercise of reasonable care

decentralists

people who favor state or local action over national action

dylan enters into a contact to manage the operations of Cash's accounting office for one year, renewable for consequent one-year terms. if this contact is discharged like most contracts it will be

performed

Test for design defects

plaintiff must show that a reasonable alternative design was available and that the defendant's failure to adopt the alternative design rendered the product not reasonably safe--manu. is liable only when the harm was reasonably preventable

the principle of comity says...

political entities will mutually recognize each others legislative, executive, and judicial acts

Inadequate warnings

product considered defective when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or other distributor or a predecessor in the commercial chain of distribution and the omission of the instructions or warnings renders the product not reasonably safe

Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant appli¬cation of this doctrine is in the area of

product liability.

criminal law

prohibits acts seen so harmful to public welfare that they deserve to be punished by state

8th amendment

prohibits excessive bails and fines prohibits "cruel and unusual punishment"

Examples of this kind of grant are those made by the National Science Foundation to universities and research institutes to support the work of scientists, and grants Congress makes to state and local governments to support job training and employment programs.

project grants

pp. A person who makes a promise is a(n):

promisor.

The commerce clause was instrumental in __________.

promoting a national common market. enabling Congress to impose regulations upon various activities throughout the economy. enforcing the Civil Rights Act of 1964.

Olga, a salesperson for Pre-owned Cars & Trucks, Inc., tells Quincy, "This is the best car I've ever seen." This statement is

puffery.

misdemeanors

punished by incarceration of less than one year local or county jail

prohibited by law

punishment also specified

eeee. An obligation imposed by law where there has been no agreement or expression of assent by word or act on the part of either party involved is a(n):

quasi contract.

eeeee. Article 2 of the UCC does not apply to a sale of:

real estate.

ff. A letter of revocation for an existing offer takes effect when:

received by offeree.

hhhh. An offer is effective when it is

received by the offeree.

judicial activism

refers to a court's willingness, or even eagerness, to become involved in major issues and to decide cases on constitutional grounds

judicial review

refers to the power of federal courts to declare a statute or governmental action unconstitutional and void

Twelve Tables

reflected roman customs and beliefs

Oceanic Vessels, Inc., and Pacific Harbor Company enter into a contract for a sale of a barge. Oceanic is a merchant who deals in goods of the kind sold. The goods are defective. Under the UCC, the implied warranty of merchantability is breached

regardless of what Oceanic knew or could have discovered.

ww. A statute which prescribes standards for those who seek to practice a profession would be what type measure?

regulatory

w. A counteroffer is a(n):

rejection of the original offer.

kkkk. An offer may terminate by

rejection.,rovocation,death of either party.

John is arrested on suspicion of the commission of a crime. Individuals who are arrested must be told of their right to...

remain silent.

roy owns building in which shelly rents an apartment. the sidewalks around the buliding are in poor repair. many sections have buckled from the growth of tree roots over the years. as the owner of the building roy has a duty to

repair the sidewalks

zzz. An agreement is an essential element of a contract. Ordinarily, the required mutual assent is achieved by means of an offer and an acceptance. Acceptance

requires manifestation of an intent to accept.

george has a badly infected right foot. herb, george's physician, prescribes amputation. george agrees. during the operation, herb amputates the left foot. in george's suit against herb, george's best theory for recovery is

res ipsa loquitur

George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is

res ipsa loquitur.

4th amendment

rights against unreasonable search and seizure without probable cause critical in democracy to protect personal privacy and prevent abuse of police power

incorporation

rights explicitly guaranteed at one level go with rights that apply at other levels, a series of supreme court cases that have extended virtual all of the important constitutional protections to ALL levels of national, state, and local governments

fundamental rights

rights so basic that any governmental interference with them is suspect and likely to be unconstitutional EX: new york gave employment preference to any veteran who had been a state resident when he entered the military, new comers were less likely to get jobs and statute INTERFERED with the right to travel

administrative law

rules/regulations issued by government agencies

lyn is injured when she is struck by debris floating onher property flooded by a breach of mining company's reservoir. the rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

rylands v. fletcher

hhh. According to the UCC, an enforceable agreement involving the transfer of title of goods from a seller to a buyer for a price is called a(n):

sale.

bbbb. An announcement that an auction sale is to be conducted "without reserve," means that the:

seller cannot withdraw the goods if the bids are too low.

felonies, where served

serious crimes punishable by incarceration of at least 1 year state or federal prison

Fiona is in Glen's Grocery Store when a bottle of Hi Cola on a nearby shelf explodes, injuring her. She can recover from the manufacturer of Hi Cola only if she can show that...

she was injured due to a defect in the product.

harm

some harm must actually occur to an individual or property before a crime can be established

project grants

specific activities, such as scientific research, highways, job training - fixed amount of time and can only be spent within tight guidelines

Which of the following laws can be overridden as a result of the supremacy clause? The US Constitution Treaties National laws State statutes

state stautes

nico is a passenger in a car driven by owen, whose negligence causes an accident, injuring himself. nico, uninjured, accompanies owen to parkside hospital in an ambulance. the ambulance is hit by a car driven by quin, injuring nico. nico files a suit against owen, whose best defense is

superseding cause

Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is

superseding cause.

common law

system of case law, laws derived from judges rulings rather than legislative statutes Transformed several types of private harm into crimes against the state

robbery is?

taking someones property by force or threat or by putting one at fear

An example of a concurrent power is the power to __________.

tax citizens and businesses

people and corporations

the "people" who are protected under amendments include what?

Regional Lumber Company and Superior Builders Corporation enter into a contract for a sale of wood products. Regional, a merchant who deals in goods of the kind sold, makes implied and express warranties in connection with the sale. Under the UCC, if these are inconsistent

the IMPLIED warranty of FITNESS for a particular purpose takes precedence.

Imported Carpets Store and Jill enter into a contract for a sale of an Oriental rug. Imported Carpets, a merchant who deals in goods of the kind sold, generally describes the goods, details technical specifications, and shows a sample. Under the UCC, if these are inconsistent

the SAMPLE takes precedence over the GENERAL DESCRIPTION.

Data Corporation created and sells "Economix," financial computer software. Data's copyright in Economix is best protected under...

the TRIPS Agreement.

dormant, unconstitutional

the _______ aspect holds that a state statute which discriminates against interstate commerce is almost always ___________

state

the _______ law controls only when there is no conflicting federal law AND congress has not intended to dominate the issue

earth movers inc uses dynamite to prepare land for highway projects. strict liabilty is imposed on this activity bc

the acitivity is of a dangerous nature

Earth Movers, Inc., uses dynamite to prepare land for highway pro¬jects. Strict liability is imposed on this activity because

the activity is of a dangerous nature.

dirk is driving a sport utility vehicle is in which elin is a passenger when they are invovled in a traffic accident, and elin is injured. liability may be imposed on dirk for elin's injury if dirk's driving is

the causation in fact and the proximate cause of the injury

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is

the causation in fact and the proximate cause of the injury.

while boating, phil ignores warning signs that the weather is worsening. his boat is swamped. quick sea rescue's recovery of phil is slowed by an inexperienced crewman. meanwhile rita, who is also in a floundering craft awaiting rescue, is lost. in ria's family's suit against phil, his failure to heed the signs of the approaching storm will most likely be held

the causation in fact, but not the proximate cause of rita's loss

Safe-T-Made Company makes electrical cords and other connectors for electronic devices. Rowena files a product liability suit against Safe-Rite, alleging a warning defect. Under the Restatement (Third) of Torts: Products Liability, in deciding whether to hold Safe-T-Made liable, the court may consider

the characteristics of expected users.

commerce clause

the clause in part of article 1 section 8 that gives congress the power to regulate commerce with foreign nations among states, most important to your future as a businessperson, ALL of the numerous statues that affect business are passed under this

Utilitarianism focuses on (think utilize)

the consequences of an action

compromises

the constitution is a series of _________ about power

What is the centralists position?

the constitution is an interstate compat - the central government's powers are only limited by those powers specifically denied by constitution - they argue that the central government speaks for all people, whereas states only speak for certain people

ggggg. As a general principle of contract law:

the courts do not evaluate the adequacy of consideration.

ginger wants to file a suit against fred. For a court to hear a case

the courts must have jurisdiction

Pharma Company, Quitox Corporation, and Renal, Inc., are drug makers. Med Sales Company and National OTC, Inc., are drug distribu-tors. In a suit against all of these parties in which market-share liability is imposed, most likely to be liable are

the distributors AND the makers.

procedural due process

the doctrine that ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action, government must go through certain steps to ensure that the result is fair STEPS: 1) is the government attempting to take liberty or property? 2) if so, how much process is due? If step 1 doesn't apply then step 2 won't either

framers

the founding fathers or _______ wanted constitution to last for centuries, it is short and relatively easy to read

what does a shipment contract require

the goods to be placed into the hands of the carrier

Conversion is...

the goods to his or her own use and excludes the owner from use and enjoyment of them. The English Common Law

reasonable and directed to a legitimate goal

the government may regulate other commercial speech provided that the rules are what 2 things?

what has lead to greater power of the national government?

the growing national scope, growing economy/big business/big agriculture/big labor, national transportation and communication, Great depression, political claims

doctrine of sovereign immunity is

the legal immunity that prevents a person or set from being sued without consent

product liability

the legal liability a manufacturer or trader incurs for producing or selling a faulty product.

Country Style, Inc., makes landscaping tools. Under the Restatement (Third) of Torts: Products Liability, Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

the omission of a warning renders the product not reasonably safe.

jjjj. An offer may be accepted by:

the person to whom it is made.

eminent domain

the power of the government to take private property for public use

foreign policy

the president conducts the nation's foreign affairs, coordinating international efforts, negotiationg treaties, and he is the commander and chief of the armed forces aka the head of the military

appointment

the president's executive power to nominate the heads of most administrative agencies is called what?

the federal trade commission is government agency that issues rules, orders, ad decisions. the Georgia state legislature enacts statues. The jackson county board and the peach city council enacts ordinances. Administrative law includes

the rules, order,s a decisions of the federal trade commission

legislation

the type of power where president and his advisers propose bills to congress is called what?

larceny is/

theft of personal property

nn. A orders 100 19-inch color television sets from B, and requests prompt shipment of the goods. B promptly ships A 100 21-inch color TVs. B did not tell A that the shipment of nonconforming TVs was in accommodation. In this case:

there is a good acceptance, but B has breached the contract by shipping nonconforming TVs.

v. A contract will not come into existence, unless:

there is a valid offer and acceptance.

article 1 section 8

this is a critically important part of the constitution because it lists the 18 types of statues that congress is allowed to pass such as imposing taxes, declaring war, and coining money

political speech

this type of speech has been given a high degree of protection and is protected unless it is intended and likely to create imminent lawless action

product liability

those who make, sell, or lease goods can be held liable for physical harm or property damage caused by those goods to a consumer, user, or bystander

mmm. Adolf Anderssen performed accounting services for Carla Jung and sent her a bill for $500. She responded in good faith that the value of the services was $300 but that she was willing to pay $375 to avoid litigation. Accordingly, she sent Anderssen a check for that amount marked "payment in full." Anderssen received the check, crossed out the notation "payment in full," cashed it, and filed suit in small claims court for $125 and costs. If he desired to recover the full $500, Anderssen's best course of action was

to return the check.

Tech Corporations uses USA, Inc.'s trademark in Tech's ads without USA's permission. this is...

trademark infringement.

Online company (OC) is an internet service provider. Publicity Unlimited, Inc. (PU), spams OC's customers, some of whom then cancel OC's services. PU is most likely liable for...

trespass to personal property.

A failure to return personal property may be conversion even if the rightful owner consented to the initial taking

true

An offer that a statute makes illegally automatically terminates the offer

true

a business that invites persons to come onto its premises is charged with a duty to exercise reasonable care to protect those invitees

true

a business that invites persons to come onto its premises is charged with duty to exercise reasonable care to protect those invitees

true

a contract entered into under influence is voidable

true

a court will not review an administrative agency's decision until the case is "ripe for review"

true

a failure to return personal property may be conversion even if the rightful owner consented to the initial taking

true

a party can challenge an administrative regulation as so irrational to be arbitrary and capricious

true

a person who keeps a domestic animal may be strictly liable for any harm that animal may inflict

true

a person who keeps a domestic animal may be strictly liable for any harm that the animal inflicts

true

a seller must warn those who purchase its products of the harm that can result from the foreseeable misuse of the product

true

a wrongful mental state is typically required for criminal liability

true

assumption of risk can be raised as a defense in a negligence suit

true

assumption of risk is a defense that may be raised in a product liability suit

true

causation in fact exists if an injury would not have occurred without the defendant's act

true

causation in fact exists if an injury would not have occurred without the defendants act

true

complete performance occurs when conditions in a contract are fully satisfied

true

confiscation occurs when a government seizes private party for an illegal purpose without just compensation

true

due care must be exercised in designing a product

true

due care must be exercised is designing a product

true

in many states, the plaintiff's negligence is a defense that may be raised in a negligence suit

true

minimum contacts with a jurisdiction can be sufficient to support jurisdiction over a nonresident defendant

true

negotiation involves the parties to a dispute, with or without their attorneys

true

performance of an accord discharges an original contractual obligation

true

punitive damages are almost never available in contract disputes

true

reformation allows a court to rewrite a contract to reflect the parties true intentions

true

remedies in equity include injunctions of specific performance

true

the courts can decide whether the other branches of government have acted within the scope of their constitutional authority

true

the goal of mediation is to workout a resolution that benefits both sides

true

the holes of an artisan's lien( the right to keep someones property or take hold until debt is repaid) can foreclose and sell the property subject to the lien to satisfy the debt

true

the taxing and spending clause of the US constitution has had a greater impact on business than any other clause in the constitution

true

the types of product defects that have traditionally been recognized in product liability law include design defects

true

to succeed in a product liability suit based on strict liability , a plaintiff must prove that a product was defective

true

under the principle of comity a foreign business that deals with the US business may be subject to US law

true

utilitarianism-an action that affects the majority adversely is morally wrong

true

gina slips and falls in homestyle shopping center and is injured. gina files a suit against homestyle for $500,000. under a "pure" comparative negligence rule, gina could recover damages from homestyle

under any circumstances

Taylor slips and falls in Urban Mall and is injured. She files a suit against the mall for $500,000. Under a "pure" comparative negligence rule, Taylor could recover damages

under any circumstances.

Joe sees Karo floundering in Lake Rough Waters. Joe is liable on the ground of negligence

under no circumstances

john sees that kris is about to step into the path of an oncoming bus. if john doesn't warn kris of the danger, john is liable

under no circumstances

John sees that Kris is about to step into the path of an oncoming bus. If John does not warn Kris of the danger, John is liable

under no circumstances.

ssss. An oral contract that is covered by the statute of frauds is:

unenforceable.

p. A contract that requires a performance from only one of its parties is called a(n):

unilateral contract.

t. A contract which requires an offeree to perform an "act" instead of a promise is a(n)

unilateral contract.

ffff. An obligation which is either contested as its existence or as to its amount is considered a ___________ debt.

unliquidated

The police obtain a search warrant and search Errol's apartment. After yelling obscenities at the officers Errol Confesses to a crime and implicates his friends. The constitution protects against

unreasonable searches

tttt. An output and requirement contract is

usually enforceable.

uuuu. An output or requirement contract is

usually enforceable.

jjj. Ace Electric Company has entered into an agreement with Tri-State Metal to buy its actual requirements of conduit for six months from Tri-State. Tri-State has agreed to sell all required conduit for the next six months to Ace. The agreement is

valid and enforceable.

s. A contract which requires a buyer to purchase all that he needs from a seller is

valid.

valuable resources inc, uses dynamite in its remote mining operations. will stores household cleaners in his suburban garage. most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is

valuable resources only

wat is an express warranty?

verbal or written statement that guarantees the product is of a certain quality or will work

u. A contract whose formation is induced by duress (force or compulsion) is:

voidable.

Cliff owns Destruction Corporation (DC), a demolition company. A demolition by a DC crew injures Eli, a passerby. Under the doctrine of strict liability, Cliff must pay for Eli's injury...

weather or not the DC crew was at fault.

1) adjudication 2) judicial review

what are the 2 key functions of federal courts?

1) agency appointment 2) legislation 3) foreign policy 4) commander in chief

what are the president's 4 key powers

obscenity

what has never received constitutional protection?

tea party movement

what is a modern group of antifederalist with a growing political influence?

created in the Marbury v. Madison case

what is the origin of judicial review?

to enforce the nation's laws

what is the president's most basic job function?

Manufacturing defects

when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product--liability imposed on manufacturer

Eva owns Fast-Rate Salvage, a demolition company. A demolition by a Fast-Rate crew injures Glen, a passerby. Under the theory of strict li¬abil¬ity, Eva must pay for Glen's injury

whether or not the Fast-Rate crew was at fault.

Mariah owns Nitro Demolition company. During a demolition by Mariah's crew, Owen, a passerby, is injured. Under the theory of strict liability, Mariah must pay for the injury

whether or not the crew was at fault

eva owns fast rate salvage, a demolition comapny. a demolition by a fast rate crew injures glen, a passerby, under the theory of strict liability, eva must pay for glen's injury

whether or not the fast rate crew was at fault

fifth

which amendment ensures due process?

fourteenth

which amendment guarantees equal protection of the law?

tenth

which amendment says "all powers not delegated to the US by the Constitution...are reserved to the states"

supremacy clause

which clause makes the constitution, and federal statues and treated, the supreme law of the land

the senate

who can declare war?

eee. Able Sofa, Inc. sent Noll a letter offering to sell Noll a sofa for $5,000. Noll immediately sent a letter to Able accepting the offer. However, the postal service erroneously delivered the letter to Abel Soda, Inc. Three days later, Able mailed a letter of revocation to Noll that was received by Noll. Able refused to sell Noll the sofa. Noll sued Able for breach of contract. Able

will be liable for breach of contract.

qqqqq. Beatrice purchased a rocking chair from the ABC Furniture Store. It was agreed that the store would deliver the chair to Beatrice's apartment. Beatrice lived in apartment number 4B. However, the chair was delivered to Beatrice's neighbor, Pamela, who lived in apartment number 4D. Pamela knew the rocking chair was meant for Beatrice, because Beatrice's name was on the invoice, but Pamela decided to keep the chair and not pay for it. If the ABC Furniture Store sued Pamela, it would:

win a lawsuit for quasi-contract and recover the reasonable value of the rocking chair.

reaching for a bottle of soda from a display in a big bargains store, cody slips in a puddle of spilled soda and falls, suffering an injury. big's employees are not aware of the spilled soda until cody falls. in a suit against big, cody will most likely

win, bc the spilled soda was foreseeable

intrastate

within a state

cccc. An auction at which the auctioneer may not withdraw an article put up for sale is said to be held:

without reserve.

kkkkk. At an ABC University Alumni meeting, Carl and the others at his table signed a subscription form, on which he agreed to donate $5,000 to ABC University. In most states, Carl's promise:

would be enforced.

Bargain Bytes Computers, a computer store, take unethical steps to divert the customers of Cyber World, an adjacent company store. Bargain Bytes may be liable for

wrongful interference with a business relationship

Moe, a wholesale dairy products salesperson, follows Nat, another wholesale dairy products salesperson, as he contacts his customers. Moe solicits each of Nat's customers. Moe is most likely liable for...

wrongful interference with a business relationship.

has not, has

you begin work at everhappy corp at the beginning of November. on your second day you wear a political button supporting your choice for governor. your boss says get that stupid thing off. your boss ___________ violated your first amendment rights. after work you but the button back on and you pass a police officer who says take that stupid thing off you're going to jail. The officer ________ violated your first amendment rights.

Mala in se crimes

"evil in themselves" Offenses so harmful/immoral that they would be wrong even if they didn't violate the law, which they normally do

leo slips and falls in the mornin' breakfast cafe and is injured. leo files a suit against mornin' for $50,000. if leo is 20 percent at fault and mornin' is 80 percent, under a contributory negligence doctrine, leo would recover

$0

Leo slips and falls in Mornin' Breakfast Café and is injured. Leo files a suit against Mornin' for $50,000. If Leo is 20 percent at fault and Mornin' is 80 percent, under a contributory negligence doctrine, Leo would recover

$0.

frank slips and falls on gail's harbor tour boat and is injured. frank files a suit against gail's for $500,000. if frank is 20 percent at fault and gail's is 80 percent , under the "50 percent rule" comparative negligence principles, frank would recover

$40,000

Frank slips and falls on Gail's Harbor Tour Boat and is injured. Frank files a suit against Gail's for $500,000. If Frank is 20 percent at fault and Gail's is 80 percent, under the "50 percent rule" comparative neg¬ligence principles, Frank would recover

$40,000.

invalid

(racial and ethnic minorities) any government action that intentionally discriminates on the basis of race or ethnicity its presumed ___________

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSH

...

Congress enacts the Advertising Restriction Act (

...

Gaudy Ornaments, Inc., sells decorative ware. Hank, who has never bought a Gaudy product, files a suit against the firm, alleging that its products are defective. The firm's best ground for dis¬missal of the suit is that Hank does not have c. standing.

...

Guard Personnel Company is charged hiring practices that do not meet requirements set by the Transportation Safety Administration (TS

...

Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information

...

Len, a citizen of Maryland, obtains a federal license to operate a commer¬cial fishing boat in Chesapeake

...

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be a. a negotiated settlement.

...

What are the states governments prohibited from doing according to the Constitution?

1) making treaties of foreign governments 2) authorizing private persons to interfere with commerce of the nations 3) coining money or bills, or making anything but gold and silver coin for legal tender in payment of debts 4) taxing imports and exports 5) texting foreign ships 6) keeping ships of war during times of peace except state militia war National Guard 7) engage in war

What is the constitutional framework of our federal system?

1) the national government has the power delegated to the Constitution 2) the national government is supreme 3) the state governments have the powers not delegated the central government except those powers that are denied it by the Constitution or in the states' constitutions 1) some powers are specifically denied to both the national and state governments while some are specifically denied only to the states or denied only to the national government

Wrongful Interference with a Contractual Relationship

1. A valid, enforceable contract must exist between two parties. 2. A third party must know that this contract exists. 3. This third party must intentionally induce a party to the contract to breach.

Wrongful Interference with a Business Relationship

1. An established business relationship 2. Third party uses predatory means and intentionally causes the breach.

Defenses to Assault and Battery

1. Consent. When a person consents to the act. 2. Self-defense. Either real or apparent danger. 3. Defense of others. 4. Defense of property.

Defenses to Defamation

1. Truth 2. Qualified Privilege 3. Abosolute Privilege 4. Public Figures

55

1787 states sent a group of ___ delegates to Philadelphia to draft a new document and to create a government that had never existed before

bill of rights

1791 the first 10 amendments were added to the constitution and guaranteed many liberties directly to individual citizens and were called the

Elements of crime

6 elements that characterize it Prohibited by law actus reas mens rea concurrence causation harm

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he a. does not have Bella's permission to drive on the property. b. drives onto the property for recreational purposes. c. harms the property in a material way. d. harms the property in any way.

A

Causes for the growth of the federal government include all of the following EXCEPT changing religious values. the Great Depression stimulating extensive national action on welfare, unemployment, and farm surpluses. powerful interests placing demands on the national government. the growth of the national economy. the need to regulate the activity of multinational corporations.

A

Country Style, Inc., makes landscaping tools. Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and a. the omission of a warning renders the product not reasonably safe. b. there is a reasonable alternative design. c. there is a lack of care in making of the product. d. there is insufficient insurance coverage.

A

Dru is an Excel Company employee. He falsely accuses Fiona, Excel's office manager, of stealing from their employer. The statement is defamatory a. if a coworker overhears it. b. only if Fiona hears it. c. whether or not anyone hears it. d. under no circumstances.

A

Furious Toyz Corporation makes skateboards, which it sells to con¬sumers, including Gitana. Gitana is injured due to a defect in the board that causes an accident in which Haley, a bystander, is also injured. In a product liability suit based on strict product liabil¬ity, Furious Toyz may be liable to a. Gitana and Haley. b. Gitana only. c. Haley only. d. no one.

A

Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury a. if Ike intended to push Joan. b. only if Ike did not intend to break Joan's arm. c. only if Ike had a bad motive for pushing Joan. d. only if Ike intended to break Joan's arm.

A

Louis—larger and stronger than Mica—threatens to hit Mica. A moment later, Louis does hit and injure Mica. Mica files a suit against Louis. Mica could most likely recover for a. assault and battery. b. trespass and conversion. c. defamation and disparagement. d. negligence and strict liability.

A

Welding Systems, Inc. (WSI), makes welding torches, masks, and related products. A WSI product may be unreasonably danger¬ous due to a. a defect in its design. b. the expectations of its seller. c. the intentions of its distributor. d. the method of accounting of its maker.

A

what is a composition agreement

A Composition with Creditors is an agreement among several creditors of a debtor, usually a business. Usually, the agreement involves paying a lessened amount over a period of time.

A tort is

A breach of duty owed to another that causes harm

True

A brief includes a statement of the applicable law in a case.

Joyce Water, CPA, is sued for negligent preparation of an income tax return. To determine if she was negligent, the court applies a standard of reasonableness which measures Joyce's conduct against that of

A competent CPA

Defined confederation

A constitutional arrangement in which sovereign nations or states, I contact, create a central government but carefully limits power and do not give it direct authority over individuals

rrr. Alice offered to sell her computer, monitor and printer to Bradley for $300. Two days later Bradley mails a letter to Alice in which he accepts the offer. Three days later, before Alice has received the letter, Bradley calls to say he won't be able to accept her offer. What is the status of their negotiations?

A contract came into acceptance when Bradley mailed the letter.

kkk. Adams mails an offer to Baker on June 1. Baker receives the offer on June 2. Adams mails a revocation on June 3. Baker mails an acceptance on June 4. Baker receives the revocation on June 5.

A contract was formed on June 4.

False

A counterclaim may be raised by a plaintiff against a defendant's response to a complaint.

ll. A offers to pay B $10,000 if B will cut down all the trees in a wooded area on A's land. B promises to cut down the trees and then begins work. A reasonable time to complete the job is ten days. After three days B has cut down 50% of the trees. Then, A walks up to B and says: "I revoke." To this, B says "Screw you," and eventually finishes the job eight days after A made his original offer. Which of the following is most true? Assume that an offer for a unilateral contract normally is accepted by full performance of the requested act.

A is bound contractually because, under one of several possible approaches, he could not revoke on these facts, and because B finished the job in time.

True

A judge instructs a jury as to the law that applies in a case.

True

A jury verdict specifies the amount of damages to be paid by a losing party.

what is a remedy at law

A legal remedy (also judicial relief) is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will

False

A motion for summary judgment may be made before, during, or after a trial.

True

A motion for summary judgment may be supported with materials outside the pleadings.

True

A plaintiff's rebuttal includes evidence to refute the defendant's case.

Actual Malice

A statement must be made with either knowledge of its falsity or a reckless disregard of the truth.

False

A summary judgment will be granted when there are genuine issues of fact in a trial and no question of law.

Paco offers to pay Quik Delivery $50 if it picks up and delivers to him a package from his accountant Rupert within 30 minutes. QD can accept the offer only by meeting the deadline. If QD performs as directed, these parties will have

A unilateral contract

Debit& Credit Accounting Services and Brickwork Construction company negotiate a contract. If it has all of the elements necessary for one of the parties to enforce it in court, it is

A valid contract

During a trial between Laramie and Mikayla over a sale of allegedly diseased livestock, Mikayla's attorney asks questions of the plaintiff's witness Nilson. This is

A. A Cross-examination

Refer to Fact Pattern 10-2B. Bell's repudiation is most likely

A. A Material Breach

To Serena, the written law of a particular society at a particular time is most significant. Serena is

A. A legal Positivist

Debit & Credit Accounting Services and Brickwork Construction Company negotiate a contract. If it has all of the elements necessary for one of the parties to enforce it in court, it is

A. A valid contract

Krystal is a federal judge. Krystal's judicial decisions are part of case law. This law includes interpretations of primary sources of law. These sources include

A. Administrative regulations

Mikhail and Nika engage in online dispute resolution (ODR). A distinguishing feature of ODR is that

A. All aspects of the proceeding can be done online

In a suit against Owen over the performance of their contract, Phil obtains specific performance. This is

A. An order to do or to refrain from doing a particular act

Tristan hires Stefani to perform at Tristan's Club, but she breaches the agreement to accept a higher-paying job at Rock Star Arena. Tristan files a suit against her. The court will most likely

A. Award damages to Tristan

Brian's pick-up truck collides with Miranda's semi-trailer on a county highway. Weighing Brian's liability for the collision, Rachel, a judge, reasons by analogy. To reason by analogy is to

A. Compare the facts in previous cases and apply the same rule of law

Travis sends Ursula a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her financial resources. This is

A. Identity Theft

Patricia commits an act via email against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of

A. Jurisdiction

Country Style, Inc., makes landscaping tools. Under the Restatement (Third) of Torts: Products Liability, Country should be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

A. The omission of a warning renders the product not reasonably safe

Summer Breese, Inc., contracts for the sale of fifty ceiling fans to Décor store. Tyrone buys one of fans from the store. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Summer Breeze, Tyrone must file a suit within four years of

A. Tyrone's discovery of an injury

ppppp. Barnes was holding an annual auction at his farm to sell tools, animals, and leftover crops. Adams showed up at the auction and saw a plow among the merchandise. Adams bid $50 for the plow, and no one bid against her. The auctioneer did not accept Adams' bid and stated that the plow would not be sold for such a low price.

Adams' bid was only an offer.

lll. Adele borrowed $1,000 from Beatrice and signed a promissory note due on June 1st. On May 1st, a month before the debt was due Beatrice agreed to accept immediate payment of $800 in full satisfaction of the debt. In January of the following year, Beatrice sought to receive the $200 unpaid balance. What will be the result?

Adele will win because she provided consideration for Beatrice's new promise.

File a motion for a directed verdict or present the defendant's case.

After Diners' attorney's presents the plaintiff's case, the attorney for Eateries can...

True

After a defendant finished introducing his or her evidence, the plaintiff can present a rebuttal.

If the losing party pays the judgment, or his or her property is sold and the pro-ceeds paid to the winner.

After a final determination in the case of Kelly v. Lewis, any judgment will be satisfied

For a new trial.

After a trial between Unreal Games, Inc., and Virile Video Corporation, the jury renders a verdict in Unreal's favor. Virile's attorney can file a motion...

Affirm, reverse, or remand all or part of the lower court's decision.

After its review of Kelly v. Lewis, the appellate court can...

Wyoming vs. Houghton

After stopping motor vehicle for an alleged traffic violation, police may search possessions of passenger without probable cause

A federal question is involved.

After the state's highest court's review of Kelly v. Lewis, a party can appeal the decision to the United States Supreme Court if...

ooo. Albert read ElectroCorp's ad in the local newspaper advertising a 4-head VCR for $89. Albert rushed to the store to buy the VCR only to be told by the salesperson that the ad was a misprint and the price should have been $289. Albert gave the salesperson $89 plus sales tax and demanded the VCR.

Albert is merely making an offer to ElectroCorp to buy the VCR for $89 plus sales tax.

federalist

Alexander Hamilton was a _______ and urged a strong central government, want the new government must be able to tax and spend, regulate commerce, control borders and do all the things that national governments routinely do

Which of the following is not needed to establish the tort of intentional misrepresentation

All choices (Intent to defraud, induce reliance, justifiable reliance on misrepresentation, relationship between parties)

Which of the following is not an element to show negligence

All choices (The wrongdoer owed a duty of care to injured part, duty of care owed was breached by wrongdoer, Injured party suffered harm from legally careless conduct, Causal connection)

The key elements of the tort of intentional interference with contractual relations is

All choices (a contract, defendant knew about contract, defendant intentionally interfered with contract, losses incurred)

The rule concerning ultra hazardous activities has been applied to

All choices (crop dusting, chemicals in water supplies, blasting with explosives)

A business can become involved in tort action

All of the choices (if an individual is harmed or injured by actions of business, or by product, or business harms other business)

Which of the following is necessary elements to prove defamation

All of the specific elements mentioned are necessary (false statement, communication of false statement, harm caused by false statement)

Define reserve powers

All powers not specifically delegated to the national government by the Constitution - powers only given to states (create schools and local governments)

Whatever means is reasonably calculated to do the job.

All-USA Imports, Inc., disputes the use of "all-usa.com" as a domain name by All-USA Overseas Exports, Ltd., and files a suit to resolve the dispute. Service of process must be by...

False

An affidavit is a set of written questions answered under oath.

True

An affirmative defense asserts facts that purport to show why a defendant is not liable for a plaintiff's harm.

True

An answer can admit to the allegations made in a complaint.

Gross Negligence

An intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.

h. A bank robbery has occurred, and the banker's association has offered a $1,000 reward for information leading to the arrest and conviction of the robber. Several people are claiming to be entitled to the money. Which of them is eligible?

An off-duty deputy sheriff from a county other than the one where the arrest occurred

Battery

An unexcused and harmful or offensive physical contact intentionally performed.

Define federal mandate

And requirement of the national government imposes as a condition for receiving federal funds

xxxx. $500 isn't enough money. He refuses to finish the job, unless Betty agrees to pay him $100 more. What law applies to this fact situation?

Andrew was already obligated to paint the house. He gives no additional consideration in return for Betty's promise to pay more money.

yyyy. Anita saw an ad for Marlin's Department Store in which the store advertised word processors for $5. When she went to the store to buy one, the salesclerk told her that the ad was a misprint and should have indicated the price to be $500.

Anita is making an offer to buy the word processor.

Assault

Any intentional, unexcused act that creates in another person a reasonable apprehension of immediate harmful or offensive contact.

Gil sends a letter to Holly in which he falsely accuses her of embezzling. This is defamation only if the letter is read by...

Any third person

Teresa is a celebrity. Without her permission, Sinclair Enterprises includes in an ad an image that resembles her. Sinclair does not use Teresa's name or actual likeness. This is most likely

Appropriation

aaaaa. Arthur contracts to build a garage for Bob for a price of $6,000. Because of an increase in the cost of labor and materials, Arthur refuses to perform. Bob wants the garage, so he agrees to pay an additional $500.

Arthur has given no additional consideration, and under the common law must perform at the agreed upon original price.

The most active area of strict liability litigation based on the concept of unknown hazards involves which product

Asbestos

Defenses to a negligent act include

Assumption of the risk

False

At the commencement of a trial, only the plaintiff's attorney makes an opening statement.

An example of "cooperative" federalism would be: public policy program that is funded, administered, and determined by the national government. a public policy program jointly funded, administered, and determined by both the national government and a state government. a public policy program that is funded, administered, and determined by a state government. a public policy program funded by the national government and administered by a state government.

B

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of a. all risks. b. hidden risks. c. obvious risks. d. no risks.

B

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful inter¬ference with a. a bargaining relationship. b. a business relationship. c. a contractual relationship. d. a customer relationship.

B

Kelly is injured when she slips and falls on Layla's sidewalk. To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of a. a realistic person. b. a reasonable person. c. a recognizable person. d. a reliable person.

B

Lew angrily accuses Mandy, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that gives rise to liability for fraud is normally based on a statement of a. emotion. b. fact. c. opinion. d. puffery.

B

Pharma Company, Quitox Corporation, and Renal, Inc., are drug makers. Med Sales Company and National OTC, Inc., are drug dis¬tribu¬tors. In a suit against all of these parties in which market-share li¬ability is imposed, most likely to be liable are a. neither the distributors nor the makers. b. the distributors and the makers. c. the distributors only. d. the makers only

B

Sam, an engineer, supervises the construction of a new bridge. When the bridge col¬lapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of care as a. ordinary persons. b. other engineers. c. other professionals, including doctors, dentists, and lawyers. d. those injured in the collapse of the bridge.

B

Toyoda Company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition. If the pedals or other parts are defective, strictly liable for any damage caused by the defects are a. neither Toyoda nor the subcontractors. b. Toyoda and the subcontractors. c. the subcontractors only. d. Toyoda only.

B

Which of the following can be considered evidence to support the idea that federalism provides training for national officials? National politicians and parties do not have to iron out every difference on every issue that divides us; these issues are debated in state legislatures, county courthouses, and city halls. Jimmy Carter, Ronald Reagan, Bill Clinton, and George W. Bush serving as governors before becoming President of the United States. When one political party loses control of the national government, it is still likely to hold office in a number of states and can continue to challenge the party in power at the national level. If states adopt programs that fail, the negative effects are limited; if programs succeed, they can be adopted by other states and by the national government. By providing numerous arenas for decision making, federalism engages many people in the process of government and helps keep government closer to the people

B

A clause in a contract between Tall Timber Corporation, a U.S firm, and Wang Woods, Ltd., a Japanese fir,. specifies that disputes over the contract will be adjudicated in the Unites States. This is

B. A Forum-selection clause

Erte holds 1,000 pounds of perishable fruit in storage for Fresh Stuff Corporation. Fresh Stuff does not pay for the storage. Ate sells the fruit to Green Grocers, Inc. This sale represents

B. A mitigation of damages

The brakes on a Central & Costal Railroad train malfunction and it rolls towards maintenance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. The train hits Dick, who sues EZ Hydraulics, Inc., the brakes' manufacturer. EZ can raise the defense of

B. Assumption of risk

Iowa enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be

B. Constitutional under the first amendment

Juana contracts to sell Ignacio her MP3 player for $30. This contract will be fully discharged when Juana and Ignacio

B. Exchange the player for the $30

Charlie, the owner of Charlie's Foreign Auto Repair Service, fiels a suit against the state of Delaware, claiming that a state law violates the commerce clause. The court will agree if the statute

B. Imposes a substantial burden on interstate commerce

Field Trenchers Inc. initiates a lawsuit against its computer Master Excavators Inc. out of malice and without probable cause. Master suffers a loss of profit due to the litigation, but Field loses the suit. Field is most likely liable for

B. Malicious prosecution

Navigation, Inc., make and aviation guidance systems. Ollie is injured in a crash caused by a defective Navigation product. A statute restricts the time within which Ollie may file a product liability suit against Navigation regardless of we he was injured. This is a statute of

B. Preemtion

Quikset Concrete Company and Rocky's Quarry, Inc., agree in writing to submit a dispute to arbitration. The Uniform Arbitration Act

B. Provides the means for enforcing the agreement

Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of

B. Reasonable person

Under the Constitution

B. The national government and the states share sovereign power

The Tourist Travelers Association wants the federal government to spend money to build a new highway. Congress can spend revenues

B. To promote any objective that it deems worthwhile

ccc. Able made a public offer of a reward for information leading to the arrest of a thief. Without knowledge of the reward, Baker furnished information to the police that resulted in arrest of the thief. Which is correct?

Baker could not accept the offer without knowledge of its existence.

llll. An offer need not take any particular form to have legal validity. To be effective, however, it must:

Be communicated to the offeree

necessity

Behavior necessary to prevent greater harm from occurring

bbbbb. Arthur has offered to take Bob into his accounting firm as a partner upon payment of $5,000 cash. In response, Bob says, "I'll give you $3,000 cash now and I will pay you the remainder in two months after I see whether things are working out as a partnership."

Bob has made a counteroffer and hence there is no contract.

vvvv. Anna by mistake delivers to Bob a plain, unaddressed envelope containing $50 intended for Cora.

Bob's obligation to return the money is quasi contractual.

Defenses to Wrongful Interference

Bonafide competitive behavior is allowed.

Breakfast Foods Corporation markets waffle irons, one of which proves defective and injures Chelsea. Breakfast Foods's strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that

Breakfast Foods profits from the sale of its waffle irons.

Browse-wrap

Browse-wrap (also Browserwrap or browse-wrap license) is a term used in Internet law to refer to a contract or license agreement covering access to or use of materials on a web site or downloadable product.

In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held MacPherson could sue

Buick for negligence under tort law

Spam

Bulk, unsolicited email sent to all of the users on a list or group.

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Key, a patron, is injured. Jack's has committed a. a dram shop act. b. contributory negligence. c. negligence per se. d. res ipsa loquitur.

C

Dian, a clerk at an Apple store, takes a Macbook from the store without permission. Dian is liable for a. appropriation. b. no tort. c. conversion. d. wrongful interference with a business relationship.

C

Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to a. Evon and Flip but not Gina. b. Evon and Gina but not Flip. c. Evon, Flip, and Gina. d. none of the parties.

C

George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is a. assumption of risk. b. negligence per se. c. res ipsa loquitur. d. strict liability.

C

Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale. Liability may be imposed on Green Glass based on a. the "reasonableness" of the manufacturer's quality control efforts. b. the type of the manufacturer's insurance coverage. c. a manufacturing defect. d. the opinion and testimony of non-experts.

C

Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant appli¬cation of this doctrine is in the area of a. cyber torts. b. intentional torts. c. product liability. d. unintentional torts.

C

Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to a. all those who were injured. b. only those who were uninsured. c. only those whose injuries could have been reasonably foreseen. d. only those whose vehicles were closest to Ralph's van.

C

George promises to repair Francesca's boat dock in exchange for Efrem's promise to plant trees on George's property. This is

C. A third party beneficiary contract

Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is

C. An Information

Build-Rite Contractors, Inc., asks Cool Electric, a subcontractor, to provide certain services. Nothing is said about payment. Cool provides the services and submits an invoice, which Build-Rite refuses to pay. In Cool's suit to recover, the chief issue is most likely to be whether these parties had

C. An implied contract

Dora, an accountant, uses undue influence to induce her client Emily to invest in Fine Gems, Ltd., a business with little potential. WhenEmily learns the truth, she can

C. Enforce the contract or rescind it

Rollo promises to perform, for a price, shoe repair services in affiliation with Togs'n Things, a clothing store. To support a contract, the consideration exchanged by the parties must be

C. Legally sufficient

Superior Health Club's marketing strategies entice many Tone-Up Exercise Club's members to change clubs. After less than a year in business, Superior surpasses Tone-Up in numbers of members. Superior is liable for

C. No tort

Eve tells Finlay that she will pay him $50 ig he unloads her truck. Finlay's acceptance is complete

C. Only after Finlay unloads the truck

Oven Products Company make microwave ovens. Pico discovers that his Oven Products oven is defective an sues the maker for product liability based on strict liability. To win, Pico must show that

C. Pico suffered an injury caused by the defect

New Cell Phone Company offers to buy a laser printer, with a case of paper and an extra cartridge, from Office Products. Inc., (OPI), for $200. Paul, OPI's representative, says, "Okay, but no paper and no extra cartridge." Paul has

C. Rejected the offer and made a counter offer

Sharp Computer Corporation makes hard drives. Tally discovers that her Sharp drive is defective and sues the maker for product liability based on misrepresentation. To, win Tally must show that

C. Tally relied on the misrepresentation

Handy Hardware Store agrees to hire Ilsa for one year at a salary of $500 per week. When Handy cancels the contract, Ilsa spends $100 to obtain a similar job that pays $450 per week for a year. Ills is entitled to recover

C. The difference between the wages at the two jobs plus $100

Levon leaves his truck at MakeRight Vehicle Shop for repair. When Levon Refuses to pay for the work, MakeRight refuses to give him possession of the truck. MakeRight has committed

C. Trespass to personal property

Driving a car negligently, Nick crashes into a phone pole. The pole falls, smashing through the roof of a house, killing Odell. But for Nick's negligence, Odell would not have died. Regarding the death, the crash is the....

Cause in fact.

insanity

Certain defendants, because of mental defect, cannot appreciate consequences of actions and shouldn't be held criminally responsible

A motion for summary judgment.

Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is...

According to the US Constitution, states may not __________.

Coin money

Cold Stuf, Inc., makes snowboards, which it sells to Deep Freeze Sports Store (DFS). DFS sells Cold Stuf boards to consumers, including Ed. Ed is injured while using the board. In a product liability suit based on strict liability, Ed may recover from

Cold Stuf OR DFS.

entrapment

Committed crime only after strong inducements by law enforcement individuals Primary element: predisposition of defendant to commit act

Under the Doctrine of (blank), the damages are reduced by the percentage of the injuries caused by a plaintiff's own careless conduct

Comparative negligence

General Damages

Compensate individuals (not companies) for the nonmonetary aspects of the harm suffered, pain and suffering, loss of companionship, loss of consortium.

Special Damages

Compensate the plaintiff for quantifiable monetary losses. (medical, lost wages and benefits, now and future)

Federalism reinforces... but can also diffuse...

Competition and conflicts between the state, conflict because some policy areas I left to the states

True or false: the science initially which members are required uniform treatment plan which actions my place and undue burden on interstate commerce?

Congress does, subject to the president's signature and final review by the supreme court

What is the "power of the purse"

Congress is power to influence state lays by taxing and allocating funds to programs

Amber shops in a Breezy Bargains store, whose employee Connor recently mopped the floor. Amber slips, falls, and suffers an injury. Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and

Connor did not place the sign near the wet floor.

When playing soccer, two players go for the ball at the same time. Player A misses the ball and kicks player B, whose leg is broken. If B sues A for negligence, A's defense will likely be

Consent

fifth, could

Consider Kelo V. City of New London, in which a city with a revitalization plan squared off against property owners who did not wish to sell their property. the key constitutional provision was the takings clause in the __________ amendment. The supreme court decided the city ________ use eminent dominion and take the property from the landowners

Strict product liability

Consumers should be protected against unsafe products | manufacturers and distributors should not escape liability for faulty products simply because they are not in privity of contract with the ultimate user of those products | manufacturers, sellers, and lessors of products are in a better position to bear the costs associated with injuries caused by their products because they can pass on the cost to consumers in the form of higher prices

Factors in warning cases

Content and comprehensibility | intensity of expression | characteristics of expected user groups | "Reasonableness" test

The graphics used in "Grave Robbers," a computer game, are protected by ...

Copyright Law

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed a. appropriation. b. conversion. c. intentional infliction of emotional distress. d. trespass to personal property.

D

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as a. a blameless person. b a faultless person. c. a reliable person. d. a reasonable person.

D

Caleb is driving a car in which Dotty is a passenger when an accident occurs. Caleb and Dotty are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dotty on a negligence theory because a. both parties were emotionally rattled. b. Caleb did not apparently intend to cause an accident. c. Dotty must have been comparatively negligent. d. Dotty was not injured.

D

Horizon Corporation makes cell phones. Gina files a product liabil¬ity suit against Horizon, alleging a design defect. In deciding whether to hold Horizon liable, the court may consider the "reasonableness" of a. the manufacturer's intentions. b. the seller's method of accounting. c. the manufacturer's quality control efforts. d. an available alternative design.

D

Jaqy distributes a handbill among her neighbors accusing one of them—Ked—of being a convicted sex offender. The statement is defamatory only if a. a neighbor repeats it. b. Ked suffers emotional distress. c. the statement is true. d. the statement is false.

D

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is a. fraud if the statement is the truth. b. fraud if Jim believes that this statement is not true. c. fraud if Jim is stating his opinion, not the facts. d. not fraud.

D

Joy invites Ken into her apartment. Ken commits trespass to land if he a. enters the apartment with fraudulent intent. b. harms the apartment in any way. c. makes disparaging remarks about Joy to others. d. refuses to leave when Joy asks him to go.

D

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks a. attributable to the Triathlon in any way. b. different from the risks normally associated with the Triathlon. c. greater than the risks normally associated with the Triathlon. d. normally associated with the Triathlon.

D

Liz trespasses on Mega Corporation's property. Through the use of rea-sonable force, Mega's security guard Ned detains Liz until the police ar¬rive. Mega is liable for a. assault and battery. b. false imprisonment. c. intentional infliction of emotional distress. d. none of the choices.

D

Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is a. assumption of risk. b. contributory negligence. c. negligence per se. d. superseding cause.

D

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is a. appropriation. b. conversion. c. wrongful interference with a contractual relationship. d. none of the choices.

D

Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Bargain Mart's employees are not aware of the spilled soda until Cody falls. In a suit against Bargain Mart, Cody will most likely a. lose, because Bargain Mart's employees were not aware of the spill. b. lose, because Cody should have exercised more care. c. win, because Bargain Mart can recover from the soda bottler. d. win, because the spilled soda was foreseeable.

D

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is a. a corporate officer. b. a non-employee. c. a private individual. d. a public figure.

D

A Rhode Island state statute imposes fines in tire repair businesses who's pneumatic equipment does not include automatic shut-off switches to protect employee, Bob's Brakes & Tires, Inc., does not have the switches on its equipment, Carter, a Bob's employee, suffers an injury that a shut-off with would have prevented. Carter's best theory for recovery is

D. Negligence per se

A contract between E-Debits, Inc., and First Credit Corporation includes a provision excluding liability as a result of fraud. This provision is

D. Not enforceable

John says to Kris, "I would like to sell you my sports memorabilia collection." This is not an offer because it

D. Only invites Kris to Negotiate

Jane and Kristy sign a contract that provides that if a dispute arises, they will submit to arbitration. A dispute arises, but before it goes to arbitration, Jane files a suit against Kristy. The court will likely

D. Order the parties to arbitrate

Dylan enters into a contract to manage the operations of Cash's accounting office for one year, renewable for subsequent one-year terms. If this contract is discharged like most contracts, it will be

D. Performed

The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S Congress enact laws. These laws constitute

D. Statutory law

Stafani files a suit against Thomasina. The document that informs Thomisina that she is required to answer the complaint is

D. The Summons

Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of Louisiana from their federal taxes until New Orleans is rebuilt from the ravages of Hurricane Katrina. SITA will most likely be

D. Upheld under the commerce clause

Oak Valley Mall contains two video game stores, Pirates Pick and Game Quest. Pirate's manager Ryan stands in the mall near Game Quest's entrance to divert customers to his store. Game Quest's manager Sara asks Ryan to leave. He refuses. Ryan has committed

D. Wrongful interference with a business relationship

Concrete Products, Inc., assures Deepwater Construction Company (DCC) that Concrete's cement will not crack within a certain range of pressure. DCC uses the product. When cracks develop within the stated range, DCC files a suit against Concrete. The court is most likely to rule in favor of

DCC, because Concrete's statement was an EXPRESS WARRANTY.

Do recent Supreme Court decision favor of the centralist position or a decentralist position?

Decentralist

Libel

Defamation in writing or other permanent form (electronic recording).

Publication Requirement

Defamatory statements are communicated (either intentionally or accidentally) to persons other than the defamed party. Republication is gounds too.

Requirements for strict product liability

Defective Condition | Business of Selling | Unreasonably Dangerous Product | Physical Harm Must Occur | Defective Condition Must Be Proximate Cause | Goods Not Substantially Changed

duress

Defendant was forced to commit a criminal act out of imminent threat to his/her safety or that of loved ones

Self-defense

Defendant's actions were necessary to prevent imminent harm to the defendant, companion or defendant's property

Assumption of risk

Defense to Product Liability--The plaintiff knew and appreciated the risk created by the product defect | the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so

Product misuse

Defense to Product Liability--The plaintiff used a product for a purpose for which it was not intended

Commonly known dangers

Defense to Product Liability--defendant proves that the danger of the product is so obvious that there is no need for a warning

Knowledgeable user

Defense to Product Liability--if a particular danger (such as electrical shock) is or should be commonly known by particular users of a product (such as electricians), the manufacturer need not warn these users of the danger

Comparative negligence (Fault)

Defense to Product Liability--manufacturer shows that the plaintiff acted negligently in misusing the product (doesn't absolve damages, but reduces the liability)

Statutes of limitations and repose

Defense to product liability--SoL starts when the defect is discovered , SoR places outer time limit on product liability actions, 12 years for instance from date of sale

What are the two types of powers the national government has? Under what cars do these powers come from?

Delegated powers and implied powers; under the necessary and proper clause in inherent power during periods of war and national crisis

What are the powers of the national government?

Delegated: regulate trade and interstate commerce, declare ware, create post offices, coin money Inherent powers: foreign affairs and defense

property, liberty

Depending on how important the ________ or ________ interest is and on whether the government has a competing need for efficiency

Caleb is driving a car in which Dona is a passenger when an accident occurs. Caleb and Dona are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dona on a negligence theory because

Dona was not injured.

Name six types of federalism

Dual federalism, cooperative federalism, marble cake federalism, competitive federalism, permissive federalism, new federalism

PL--Negligence

Due care must be exercised and privity of contract is not required

Which of the following statements about the formal constitutional framework of the federal system is correct? State governments have only those powers delegated to them by the Constitution. The national government has only those powers not delegated to the states. Within the scope of their operations, state governments are supreme. Due to constitutional limits, some powers are denied to both state and national governments.

Due to constitutional limits, some powers are denied to both state and national governments.

False

During jury selection, a party cannot ask, without providing a reason, that some individuals not be sworn in as jurors.

The selection of jurors.

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is...

A direct examination.

During the trial, Diners' attorney questions the plaintiff's witness Floyd. This is...

A statement of the grounds for the court to exercise jurisdiction.

Emil wants to initiate a suit against Fast Credit Co. by filing a complaint. The complaint should include...

Nina in injured in a truck accident and sues Opal, alleging negligence. Opal claims that Nina was driving carelessly. Comparative negligence may reduce Nina's recovery...

Even if Nina was only slightly at fault.

Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of

Evon and Gina.

All documents in Flying's possession relating to the contract.

Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying...

"Slander per se"

Exceptions to the burden of proof in slander. 1. Statement that another has a loathsome disease. 2. Statement that another has committed improprieties while engaging in a profession or trade. 3. Statement that another has committed or has been imprisoned for a serious crime. 4. Statement that a person is unchaste or has engages in serious sexual misconduct.

Mapp vs. Ohio

Exclusionary rule: Evidence that police gather without probable cause may not be used in court

101. _____ A seller's statement that "this is a terrific used car" generally creates an express warranty.

F

102. _____ A buyer from a thief can acquire title to the goods as a good faith purchaser.

F

103. _____ A contract for the sale of goods must include a price to be enforceable under the UCC.

F

105. _____ Implied warranties of merchantability can never be disclaimed.

F

107. _____ The UCC, not common law, covers the sale of real estate and services.

F

109. _____ The UCC always governs breach of contract cases involving a combination of services and tangible movable goods.

F

114. _____ The same act can never be both a tort and a crime.

F

115. _____ Because he's a good friend, and has known Hilda a long time, Scott fixes Hilda's car as a surprise for her birthday. When Hilda sees it, she is so happy, she promises to give Scott $1000 the following week for doing the work. He gratefully accepts. A court would likely find that: 1) this promise to be supported by valid consideration; and 2) Hilda's promise to pay $1000 is enforceable as a contract.

F

116. _____ One distinction between nuisance and trespass to land is that trespass to land involves intrusions by human beings, while nuisance involves intrusions by other forces.

F

117. _____ In order to be liable for conversion, the defendant must know that the property rightfully belongs to someone else.

F

118. _____ In a strict liability case, the plaintiff still must prove that the defendant breached a duty.

F

123. _____ In a defamation suit where the plaintiff is a "public figure," the defendant must prove that the plaintiff acted "with actual malice."

F

128. _____ An assault may be committed when a person acts in a way so as to create an apprehension of offensive contact in the distant future.

F

129. _____ A battery occurs only if the victim suffers actual physical harm.

F

131. _____ Puffery is fraud.

F

134. _____ An arbitrary use of ordinary words may not be trademarked.

F

135. _____ A service mark is used to distinguish products produced by the federal government from those produced by private corporations.

F

140. _____ Written defamation is called "slander."

F

143. _____ Prior to any battery, an assault (even if only momentarily) must have occurred.

F

145. _____ An employee who divulges secret trade information cannot be sued.

F

147. _____ Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

F

152. _____ A copyright would protect a photograph.

F

154. _____ A patent may be renewed.

F

158. _____ A patent is available for an idea as well as a tangible application.

F

161. _____ Persons found liable for a tort usually must either pay a fine or serve time in prison.

F

164. _____ The plaintiff's burden of proof in a tort action is beyond a reasonable doubt.

F

169. _____ Bob sends Larry Lawyer, his attorney, a letter in which he accuses him of being "an incompetent lawyer." Larry is not incompetent, and Bob knows that the statement he is making is false. This constitutes the tort of defamation.

F

170. _____ A party trying to establish mutual mistake as a defense to the enforcement of a contract must show that the other party had "scienter" (guilty knowledge) of the mistaken fact.

F

171. _____ A security interest is not enforceable after the creditor's rights have attached to the collateral.

F

172. _____ A chair bought by a business office would be classified as a consumer good.

F

175. _____ A security agreement may cover after-acquired property of the debtor--if it says so.

F

177. _____ Bob has not paid his ex-wife alimony as required under court order. His ex-wife is trying to collect the alimony Bob owes her. Bob files a bankruptcy petition. This automatically stays his ex-wife's collection efforts.

F

178. _____ Negligence may best be described as an intentional tort.

F

190. _____ A security interest is enforceable only if the collateral is in the possession of the secured party.

F

191. _____ To have an enforceable security interest in collateral that is in the possession of the secured party, there must be a written security agreement.

F

193. _____ A security agreement's description of collateral as "all the debtor's assets" is sufficient to reasonably identify the property.

F

195. _____ Collateral is not the subject of a security interest.

F

197. _____ For a creditor to have an enforceable security interest, it is necessary that the debtor have rights in the collateral.

F

198. _____ A chair bought by a business office would be classified as a consumer good.

F

201. _____ An improper filing does not render a secured party unperfected.

F

203. _____ A pledge is a promise made by a debtor to take reasonable care of the property.

F

204. _____ Filing a financing statement with the appropriate public office is the only way to perfect a purchase-money security interest in consumer goods.

F

207. _____ A mechanic's lien can be enforced to obtain payment for work that adds value to personal property.

F

208. _____ A creditor with a mechanic's lien on property can prevent the sale of the property but cannot sell the property to satisfy the debt.

F

209. _____ A debt does not have to be past due before a creditor can begin legal action against a debtor.

F

211. _____ If a debtor cannot, or will not, pay a judgment, a creditor can only resort to "self-help" to collect.

F

213. _____ In a contract of suretyship, the surety is secondarily liable on an obligation and becomes primarily liable only when the debtor cannot pay the debt.

F

214. _____ Before a surety can be required to answer for the debt of a debtor, the debtor must have defaulted on the underlying obligation.

F

217. _____ Bankruptcy law has one goal: to ensure equitable treatment to creditors who are competing for a debtor's assets.

F

222. _____ A creditor's extension of time to a debtor for making payment, without the consent of the surety, will not discharge the surety.

F

223. _____ Filing bankruptcy will automatically discharge all debts, including student loans and child support payments.

F

227. _____ Before a surety can be required to answer for the debt of a debtor, the debtor must have defaulted on the underlying obligation.

F

A person assumes any risk that is different from a greater than the risk normally carried by am activity(T/F)

F

A person who keeps a domestic animal is always strictly liable for any harm that the animal inflicts(T/F)

F

A reasonable person standard determines whether a person could have avoided suffering harm from anothers alledgedly negligent act(T/F)

F

A superseding cause is an intervening event thatimposes liability on a defendant for injuries caused by the intervening event(T/F)

F

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

F

An assumption of risk defense doesn't require that a risk be voluntarily assumed(T/F)

F

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care(T/F)

F

Aperson assumes all risks associated with any activity in which he or she participates(T/F)

F

Business owners have no duty to exercise reasonable care to protect invitees(T/F)

F

For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant's act(T/F)

F

If one person's act harms another, there is no liability unless the actor intended the harm(T/F)

F

In a comparative negligence state, if a plaintiff is found to be 30 percent negligent, the award against the defendant will be reduced by 70 percent(T/F)

F

No one is expected to exercise a reasonable standard of care in every activity(T/F)

F

One characteristic of an abnormally dangerous activity is that it involves a low degree of risk(T/F)

F

One of the requirements for a suit based on strict liability is a failure to exercise due care(T/F)

F

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

F

Only foreseeable intervening event can break the connection between a wrongful act and an injury to another(T/F)

F

Self defense is a defense available in an action based on a negligence theory(T/F)

F

Sellers or lessors are liable only for products that are reasonably dangerous.

F

The basis for applying strict liability is an intentional wrongful act(T/F)

F

To avoid liability for negligence, a business owner must protect its patrons against all risks(T/F)

F

To determine whether a duty of care has been breached a judge asks how he or she would have acted in the same circumstances(T/F)

F

To support the imposition of strict product liability, a product must be mishandled between the time it is sold and the time an injury occurs.

F

Under the doctrine of strict liability, liability is strictly based on the "obvious" fault of the defendant(T/F)

F

Under the theory of negligence, the duty of care requires one person to aid another who has suffered harm frm someone's negligence(T/F)

F

Under the theory of negligence, the duty of care requires one peson to come to the aid of another in "peril"(T/F)

F

An assumption of risk defense does not require that a risk be voluntarily assumed.

F,

To avoid liability for negligence, a business owner must protect its pa¬trons against all risks.

F, Only foreseeable risks

Under the doctrine of strict liability, liability is imposed strictly according to fault.

F, according to risk

The public disclosure of private facts about a person is not an invasion of privacy if it is done without the person's knowledge or consent.

F, any public disclosure of private facts is an invasion of policy of the facts are disclosed without permission

For purposes of establishing negligence, causation in fact exists if an in¬jury would have occurred even without the defendant's act.

F, causation in fact states that it the person's negligence actions resulted in injury. Proximate cause states that this injury could have still happened regardless if the person had caused it or not

Publishing false information about another's product is conversion.

F, fraud or defamation

Defamation is one person's use of another's name without permission.

F, it is false representation and the harming of someones reputation

Good intention is a complete defense to conversion.

F, no matter if good intention was present, the act of conversion is taking property without permission even if it is for a good cause

Self-defense is a defense to negligence.

F, the only defenses to negligence are contributory negligence, comparative negligence, and assumption of risk

Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to the individual.

F, the person that caused the other person to initiate the rescue will be responsible for all ages

To commit an intentional tort, one person must intend to harm a certain other person.

F, tort does not require intentionally harm

Fraud occurs only when there is reliance on a statement of opinion.

F, when there is a reliance on statement of fact

A judge's view of the law is of little importance in a common law legal system.

FALSE

A jury's good sense and careful consideration of consequences is known as jurisprudence.

FALSE

A law that has any impact on religion is unconstitutional.

FALSE

A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

FALSE

A law that regulates economic matters violates the equal protection clause.

FALSE

A misdemeanor is a crime punishable only by a fine.

FALSE

A person's intent to return embezzled property is a defense to the crime of embezzlement.

FALSE

An act that causes indignity is sufficient to recover for the infliction of emotional distress.

FALSE

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

FALSE

Any crime committed with a computer is a cyber crime.

FALSE

Common law is the best and only source of legal authority.

FALSE

Competitive behavior is wrongful interference if it results in the breaking of a contract.

FALSE

Computer fraud is a state, not a federal, crime.

FALSE

Congress may tax some states and exempt others.

FALSE

Constitutional law includes only the U.S. Constitution.

FALSE

Criminal law focuses on duties that exist between persons.

FALSE

Disparagement of property is another term for appropriation.

FALSE

False imprisonment is a legal term for "privilege to detain."

FALSE

Generally, government inspectors have the right to enter business premises without a warrant.

FALSE

In cyberspace, thieves are as subject to physical limits as they are in the "real" world.

FALSE

It may be a crime to take another's property, but it is not a crime to receive stolen goods.

FALSE

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

FALSE

Ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability.

FALSE

Perpetrator is the term for a person who commits a tort.

FALSE

Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.

FALSE

Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability.

FALSE

Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.

FALSE

State agency regulations take precedence over conflicting federal agency regulations.

FALSE

Statutory law does not include county ordinances.

FALSE

Stealing software is not a crime.

FALSE

The Constitution expressly excludes state regulation of commerce.

FALSE

The First Amendment does not protect corporate political speech.

FALSE

The First Amendment protects obscene speech.

FALSE

The First Amendment requires a complete separation of church and state.

FALSE

The crime of theft does not require that the perpetrator know whatever is taken belonged to another.

FALSE

The only defense to criminal liability that justifies the use of force is self-defense.

FALSE

The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes.

FALSE

The purpose of tort law is to punish criminal wrongdoers.

FALSE

The use of a person's likeness for commercial purposes without permission is not an invasion of privacy.

FALSE

There is a specific guarantee of a right to privacy in the Constitution.

FALSE

There is one right answer to every legal question.

FALSE

Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to the individual.

FALSE

Under the exclusionary rule, all evidence must be included in a criminal prosecution.

FALSE

Dependable Appliances, Inc., and Elain enter into a contract for a sale of kitchen appliances. Dependable, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably

FIT FOR THE ORDINARY PURPOSE for which such goods are used.

In Goldberg v. Florida Power and Light, a Florida Power (FP) crew working on a power line turned off a traffic light and did not help control traffic. There was a fatal accident at the traffic intersection and FP was sued for negligence. The Florida high court held that

FP was negligent for exposing cars in traffic to danger, so could be liable

Ron acuses Sam of fraud. Normally, the reliance that gives rise to fraud is based on a statement of...

Fact.

yy. A valid contract may be unenforceable for which reason(s)?

Failure to satisfy the statute of frauds,Running of the statute of limitations

A buyer's duty to pay becomes absolute once a contract is formed

False

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

False

A contractual obligation may not be discharged through novation (substitution of a new contract in place of an old)

False

A copy must be exactly the same as an original work to infringe on its copyright.

False

A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.

False

A court of appeals hears all of the same evidence that the trial court heard.

False

A crime punishable by imprisonment is a felony.

False

A cyberterrorist might target a government agency, but not a business.

False

A decision on a given issue by a court is not binding on an inferior court.

False

A formula for a chemical compound is not a trade secret.

False

A judge's function is to make the law.

False

A judge's view of the law is of little importance in a common law legal system.

False

A jury's good sense and careful consideration of consequences is known as jurisprudence.

False

A justiciable controversy is a case in which the court's decision—the "jus¬tice" that will be served—will be controversial.

False

A kickback for a special favor or service is not considered a bribe.

False

A law that has any impact on religion is unconstitutional.

False

A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

False

A law that regulates economic matters violates the equal protection clause.

False

A manufacturer has a duty to warn about risks that are obvious or commonly known.

False

A misdemeanor is a crime punishable only by a fine.

False

A person's intent to return embezzled property is a defense to the crime of embezzlement.

False

A petitioner is the party against whom an appeal is taken.

False

A reasonable apprehension or fear of harmful or offensive contact in the distant future is an assault.

False

A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.

False

A seller who makes a statement that relates to the value or worth of the goods creates an express warranty

False

A stolen credit card is more likely to hurt a consumer than a merchant.

False

A summary judgment is granted only if there is no genuine question of law.

False

A trade name, like a trademark, can be registered with the federal government.

False

A trial commences with the plaintiff's attorney's direct examination of the first witness.

False

A wrongful act need not actually be the cause of an injury for liability on a theory of negligence.

False

Administrative agencies can not make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

False

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

False

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."

False

An executory contract is one that has been fully performed

False

An ordinary person standard determines wether allegedly negligent conduct resulted in a breach of duty of care.

False

An unequivocal acceptance operates as a rejection of the original offer

False

Any crime committed with a computer is a cyber crime.

False

Anything less than complete performance is material breach of contract

False

Because embezzlement is considered a white-collar crime, it cannot be considered a computer crime.

False

Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

False

Burglary involves taking another's personal property from his or her person or immediate presence.

False

By delegating some of its authority to make and implement laws, Congress violates the U.S. Constitution.

False

Common law is a term for law that is common throughout the world.

False

Common law is a term for the laws that are familiar to most of us.

False

Common law is the best and only source of legal authority.

False

Competitive behavior is wrongful interference if it results in the breaking of a contract

False

Computer fraud is a state, not a federal, crime.

False

Congress may tax some states and exempt others.

False

Constitutional law includes only the U.S. Constitution.

False

Courts do not depart from precedents.

False

Courts of appeals conduct new trials in which evidence is submitted to the court but witnesses are not examined

False

Courts of appeals conduct new trials in which evidence is submitted to the court but witnesses are not examined.

False

Criminal law focuses on duties that exist between persons.

False

Embezzlement requires physically taking property for another's possession.

False

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

False

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

False

Federal cases typically originate in appellate courts.

False

Federal courts are superior to state courts.

False

Federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy.

False

Federal executive agencies are outside the federal executive departments.

False

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

False

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which its principal place of business is located.

False

For purposes of diversity of citizenship, a corporation is a citizen only the state in which its principal place of business is located

False

Fraud has occurred online only by e-mail.

False

Generally, government inspectors have the right to enter business premises without a warrant.

False

Generally, lawyers are required to represent people in small claims courts.

False

How judges apply the law to specific disputes may depend in part on their personal philosophical views

False

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

False

If an investigation reveals a suspected violation of an administrative rule, the agency can not issue a formal complaint against the suspected violator.

False

If the meaning of a statute's language is unclear and an agency inter¬prets it, a court must overturn the interpretation.

False

In cyberspace, thieves are as subject to physical limits as they are in the "real" world.

False

In most instances, an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

False

In most states, the courts no longer grant "equitable" remedies.

False

Independent regulatory agencies include the cabinet departments of the executive branch.

False

Information stored electronically cannot be the object of a discovery request.

False

It is not identity theft to use a fabricated identity to access financial resources online.

False

It may be a crime to take another's property, but it is not a crime to receive stolen goods.

False

Like statutory law, administrative law is created by legislatures.

False

Malicious prosecution occurs when a party files a suit out of malice, with or without probable cause.

False

Many agency rules require compliance reporting from regulated entities, and such a report can not trigger an enforcement investigation.

False

Merchants are equipped to warrant that the goods they sell or lease are fit for the particular purpose for which a buyer or lessee will use the goods

False

Most cyber crimes are "new" crimes.

False

National legislation governs nearly every major business activity, in¬cluding conduct that has nothing to do with commerce.

False

No state has adopted the Uniform Commercial Code in its entirety.

False

Offering a bribe is only one element of the crime of bribery.

False

One of the elements of a void contract is a fair price

False

One requirement for a suit based on strict liability is the defendant's intent to affect certain results.

False

One requirement for a suit based on strict product liability is a failure to exercise due care.

False

One requirement for a suit based on strict product liability is that a product must not be in a defective condition when it is sold.

False

Only experts can submit comments on a proposed administrative rule.

False

Only the intentional use of another's trademark can be trademark infringement.

False

Only the manufacturer of defective product can be strictly liable for an injury or damage caused by the product

False

Ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability.

False

Perpetrator is the term for a person who commits a tort

False

Perpetrator is the term of a person who commits a tort

False

Phishing occurs when a criminal poses as a member of the rock group Phish.

False

Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.

False

Privity of contract is required to bring a product liability suit based on negligence.

False

Product liability is imposed only if a defect in a product's design or manufacture causes an injury.

False

Puffery is fraud.

False

Receiving stolen goods is a crime only if the recipient knows the true owner.

False

Rescission(cancellation of an agreement) advances the contracting parties to the party they would have been in if the contract had fully executed

False

Rulemaking—the formulation of new administrative regulations—is a major function of Congress, not administrative agencies.

False

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

False

State agency regulations take precedence over conflicting federal agency regulations

False

State agency regulations take precedence over conflicting federal agency regulations.

False

State courts are inferior to federal courts.

False

Statutory law does not include county ordinances.

False

Stealing software is not a crime.

False

The Constitution expressly excludes state regulation of commerce.

False

The First Amendment does not protect corporate political speech.

False

The First Amendment protects obscene speech.

False

The First Amendment requires a complete separation of Church and State

False

The First Amendment requires a complete separation of church and state.

False

The crime of theft does not require that the perpetrator know whatever is taken belonged to another.

False

The doctrine of strict liability applies only to abnormally dangerous activities.

False

The expenses associated with an appeal are minor.

False

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

False

The most common way to discharge a contract is by breach

False

The only defense to criminal liability that justifies the use of force is self-defense.

False

The political branch of government is the final authority concerning the constitutionality of a law.

False

The purpose of tort law is to punish criminal wrongdoers

False

The states can regulate any activity that substan¬tially af¬fects interstate commerce.

False

The taxing and spending clause of the U.S. Constitution has had a greater impact on business than any other clause in the Constitution.

False

There are no limits to the information that an administrative agency can demand from an individual or organization.

False

There is a precise definition of what makes an administrative rule arbitrary and capricious

False

There is a precise definition of what makes an administrative rule arbitrary and capricious.

False

There is a specific guarantee of a right to privacy in the Constitution.

False

There is one right answer to every legal question.

False

Thinking about killing someone constitutes the crime of attempted murder.

False

To obtain a copyright, an author must show that a work is genuine, novel, useful, and not a copy of a current copyrighted work.

False

To reason by analogy is syllogistic reasoning because it employs a syllogism.

False

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

False

Under a long arm statute, a court cannot exercise jurisdiction over a defendant who has minimum out-of-state contacts.

False

Under the commerce clause, a state may impose a higher tax on out-of-state products shipped to in-state locations.

False

Under the exclusionary rule, all evidence must be included in a criminal prosecution.

False

Under the statutes of Frauds, all contracts must be in writing to be enforceable

False

Under their police powers, states can regulate only public activities, such as political demonstrations.

False

Uniform laws apply in all states, including those in which the laws have not been adopted.

False

Unlike those who violate statutes, violators of agency rules are not punished

False

Unlike those who violate statutes, violators of agency rules are not punished.

False

Venue is the term for the subject matter of a case.

False

Whether a law is constitutional depends on its source.

False

Whether the federal government has preempted a certain area is always clear.

False

y. A debt which has been reduced to a sum certain of money is called an unliquidated debt.

False

To constitute an express warranty, a representation must be in writing

False (can be orally said)

Gail is a "payday" lender charged with filing

False claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is #c. beyond a reasonable doubt.

Pretexting is the process of obtaining information by

False means. #True

true or false: Congress has the authority to pass laws solely on the grounds that they will promote the general welfare

False: It does not, but it may raise taxes and spend money for this purpose For example: the national goernment lacks the power to regulate education or agriculture directly, but it does have the power to appropriate money to support education or to pay farm subsidies.

A public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be put out of business

Fasle

The doctrine of strict liability applies only in the area of product liability

Fasle

To avoid strict product liability, a manufacturer must make a product entirely safe for all uses.

Fasle

vvvvv. Cara offered to pay Peter to paint a house located at 103 Canton Street, and he accepted. However, Peter incorrectly wrote down the address as 108 Canton Street. As a result, he painted the wrong house. Fred Fibs, the owner of 108 Canton Street, say Peter painting his house but said nothing. When the job was completed, Peter tried to collect the contract price. He will be able to recover from

Fibs under the theory of quasi-contract.

The first major application of the doctrine of strict liability for consumer products was in the area of

Food and drink

Fred drives across Gail's land. This is a trespass to land only if...

Fred does not have Gail's permission to drive on her land.

from where to the national and state governments derive their Powers?

From the Constitution

Which clause requires state courts to enforce the civil judgments of the courts of other states and accept their public records and acts as valid?

Full faith and credit clause

Farm Equip, Inc., makes farming machinery. Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that

Gail suffered an injury caused by the defect.

Gears, Inc., makes bicycles. Hope is injured while riding a Gears bike and files a suit against the maker for product liability based on misrepresentation. To succeed, Hope must show that..

Gears misrepresented a material fact regarding the bike, on which Hope relied.

Damages for Libel

General Damages, plaintiff need not prove actual injury in any way.

Fun Toyz Corporation makes skateboards, which it sells to consumers, including Gitana. Gitana is injured due to a defect in the board that causes an accident in which Haley, a bystander, is also injured. In a product liability suit based on strict product liabil¬ity, Fun Toyz may be liable to

Gitana AND Haley.

Dual federalism

Giving limited list of powers primary foreign policy and national defense to the national government. Other powers to states.

Holly's fee, court fees, and other expenses.

Glen retain Holly, an attorney, on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against Interstate Shipping Corp. Glen wins. He must pay...

What are the costs of federalism?

Greater complexity, conflict coming in difficulty in determining exactly which level of government is responsible for providing which goods and services citizens demand, dividing power makes it difficult for government to respond quickly it is difficult to hold elected officials accountable(was at the status of local governments responsibility), lack of uniformity can lead to conflict, redundancies and efficiency in policy

The law of product liability is primarily concerned with

Harms suffered by buyers and other persons who use defective products

qqq. Alice hands Henry a written offer to buy Henry's camera for $400. In which of the following situations would the court find that there is a rejection?

Henry tears up the written offer in front of Alice and says, "That's what I think of your offer.",Henry says nothing, but in front of Alice turns to his son, Chris, and says, "Here, this camera is yours.",Henry says to Alice, "I accept, provided you pay me $475 instead."

what are concurrent powers?

How are shared by States and federal government

zzzz. Ann Mayer wrote Tom Jackson and offered to sell Jackson a building for $200,000. The offer stated it would expire 30 days from July 1. Mayer changed her mind and does not wish to be bound by the offer. If a legal dispute arises between the parties regarding whether there has been a valid acceptance of the offer, which of the following is correct?

If Jackson categorically rejects the offer on July 10th, Jackson cannot validly accept within the remaining stated period of time.

A notice of appeal.

If Liz decides to appeal to a state appellate court, Liz's attorney must file, with the clerk of the appellate court within a prescribed period of time...

An answering brief.

If Moe appeals to, and files a brief with, a state appellate court, Liz's attorney may file within a prescribed period of time...

A notice of appeal.

If Moe decides to appeal to a state appellate court, Moe's attorney must file, with the clerk of the trial court within a prescribed period of time...

Mac will also have to file a response.

If Nan responds to Mac's complaint by filing a counterclaim, then

Pia will be given more time to file another response.

If Pia files a motion to dismiss, and the court denies it...

Orin will be given more time to file an amended complaint.

If Pia files a motion to dismiss, and the court grants it...

Orin did not state a claim for which relief can be grated.

If Pia files a motion to dismiss, she is asserting that...

A copy of the record on appeal.

If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time...

The Supreme Court of California in Greenman v. Yuba Power led adopting the general rule

Imposing strict liability in tort

Ed's complaint.

In Ed's suit against First National Bank, the discovery phase would include all of the following EXCEPT...

A new trial.

In Federated Corporation's suit against Great Stores, Inc., the jury returns a verdict in Federated's favor. Great Stores files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for...

Enter a judgment in accordance with the verdict.

In Kettle Cafe's suit against Luscious Morsels, Inc., the jury returns a verdict in Kettle's favor. Kettle will most likely ask the court to...

Establishes the degree of probability of a fact or action. Tends to disprove a fact in question. And tends to prove a fact in question.

In Market Company's suit against National Credit Corporation, Market wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that...

Judgment n.o.v.

In Restful Motel's suit against Sleepy Hotels, Inc., the jury returns a verdict in Restful's favor. Sleepy files a motion stating that even if the evidence is viewed in the light most favorable to Restful, a reasonable jury should not have found in its favor. This is a motion for...

True

In a federal case at law involving more than $20 in damages, a defendant has the right to a jury trial.

implied warranty?

In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products

False

In most states, if neither party requests a jury, the court will seat a jury on its own motion.

True

In most states, if neither party requires a jury, there will be no jury trial.

Notice and an opportunity to respond.

Indelible Fabrics, Inc. (IFI), makes "Jean's Denim," a famous brand of clothing. Without IFI's consent, Kopy Company (KC) begins to use "jeansdenim" as part of a domain name. IFI files a suit against KC and engages in service of process. Service of process must provide...

other applications of strict product liability

Injured Bystanders can use strict liability, suppliers of component parts can be held liable

Compensatory Damages

Intended to compensate or reimburse a plaintiff for actual losses.

False Imprisonment

Intentional confinement or restraint of another person's activities without justification.

By a preponderance of the evidence.

Irma files a civil suit against Jim. To succeed, Irma must prove her case...

What is good about social federalism

It helps to make American federalism more important than it would be simply based on structural/legal federalism

Kitchen products, Inc. (KPI), makes knifes and other utensils. Jay is injured while using a KPI knife, and sues the maker for product liability based on negligence. KPI could successfully defend against the suit by showing that...

Jay's injury resulted from a commonly known danger.

Jemal is playing basketball at a school's outdoor court. Kevin asks if he can joint the game. Jemal agrees. After playing for 15 minutes, Kevin is knocked to the ground. His wrist breaks when he hits the concrete. If Kevin sues Jemal for his injury, the court will probably find

Jemal not responsible due to Kevin's assumption of risk

The summons.

Kyle files a suit against Lora. The document that informs Lora that she is required to respond is...

Grady, an obese individual, files a suit against Fry Fast Food Corporation (FFFC), alleging that FFFC's food is unhealthy because, as Grady knows, it contains high levels of cholesterol and saturated fat. Grady is most likely to

LOSE, because Grady KNOWS of the FOOD'S UNHEALTHINESS.

Lana hires Mike, an architect, to design a warehouse. Lana is dissatis¬fied with the look of the new building and sues Mike, alleging negligence. Mike can successfully defend against the suit by proving that

Lana was not injured in any way.

Carl wrongfully takes a box from a Delta, Inc., shipping container, puts it in his truck, drives away. This is...

Larceny

E Co. sold five million toasters. The company never had a safety problem. One of its toasters, for no clear rason, electrocutes the son of the woman who bought the toaster. In her suit against E Co. for the death of her son, the company is likely to be held

Liable in strict liability for producing a product with a defect that cause injury

A counterclaim.

Linda files a suit against Kate. Kate denies Linda's charges and sets forth her own claim that Linda breached their contract and owes Kate money for the breach. This is...

developmental disabilites

Make it difficult/impossible to understand nature and consequences of their actions Great dispute

In cases involving strict liability for product failure based on contract law, the basis of the case is the relationship between which parties?

Manufacturer and the injured party

describe McCullouch V. Maryland

Mayland opposed the new national bank and levied a tax on any bank not incorporated in the state - McColloch refused to pay the tax and Maryland sued him - maryland's lawyer siad it was not necessary and proper and not essential for national government to create such a bank adn it was one of the express powers of the state to levy taxes - but McCulloch's lawyer said that the power to create a bank is not an express power, but the power to pass laws necessary and proper to carry out congresses laws is specifically delegated to congress, and although states may levy tas, they may not interfere with the operations of the national government and the national government is supreme (national supremacy) - the court ruled in favor of McCulloch

what are the two court cases that asserted the power of the national government over the state government?

McCullough versus Maryland, and Gibbons versus Ogden

Social federalism refers to...

Mentions having a strong sense of identity with their home state

PL--Misrepresentation

Misrepresentation must be made knowingly and must be of a material fact, buyer must rely on misrep.

Molly shoots Norm with Opal's pistol. The proximate cause of Norm be¬ing shot is most likely attributable to

Molly only.

using a legitimate source of funds that is being used for illegal purposes is

Money Laundering

Which of the following constitutional clauses did John Marshall interpret in McCulloch v. Maryland?

Necessary and proper

Constitution and Bill of Rights

Need to limit government ability to take away freedom and abuse of power

The tort that protects individuals from harm based on careless and unintentional conduct is called

Negligence

pppp. An offeree is generally under what legal duty to reply to an offer?

No legal duty

Superior Health Club's marketing strategies entice many of Tone-Up Exercise club's members to change clubs. After less than a year in business, Superior surpasses Tone-Up in number of members. Superior is liable for

No tort

zz. A week before the concert, Joan told you she probably would not be able to use her concert tickets. Later that day, Joan wrote you a note offering to sell you the tickets for $50 and gave it to Betsy to deliver. Betsy stuck it in her purse and forgot about it. You called Joan the day of the concert, but she already sold the tickets. Is Joan liable to you for their value?

No, because there was no offer since it was never communicated.

Defined unitary system

Of constitutional arrangement that concentrates power in the central government - an alternative to federalism

False

Only a defendant may file for summary judgment.

False

Only a plaintiff may file a motion for summary judgment.

Dismissed or settled at this point.

Opal files a complaint in a suit against Phil, and he files an answer. The case may now be...

Slander

Oral defamation.

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The standard of care that the law presumes the reasonable person meets is

Ordinary care or due care

Middle East and parts of Europe

Origins of written criminal law

Erv, an engineer, supervises the construction of a new house. When the house collapses due to faulty construction, the injured parties sue Fran. As a professional, Erv is held to the same standard of care as...

Other engineers

Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory. The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in

Palsgraf v. Long Island Railroad Co.

antifederalist

Patrick Henry was a _________ and feared the power of a central government, said they fought a bitter war to get rid of autocratic rulers, insisted that the stations retain maximum authority keeping political control closer to home

centralist

People who favor national action over state and local action

______________________ implies that although federalism provides a sharing of power and authority between the national and state government, the states' share rests upon the consent and willingness of the national government.

Permissive federalism

terry vs. ohio

Permits police to detain and search a suspect if they have reasonable grounds

fffff. Article 2 of the Uniform Commercial Code deals with what type of property?

Personal

a. ___________ is/are any property other than an interest in real property.

Personal property

Oven Products Company makes microwave ovens. Pico discovers that his Oven Products oven is defective and sues the maker for product liability based on strict liability. To win, Pico must show that

Pico suffered an injury caused by the defect.

Whren vs. US

Police may make "pretextual contentions" in which they stop a vehicle when real objection is to investigate another offense without probable cause

Tennessee vs. Garner

Police may not use deadly force to prevent suspect from fleeing

Ohio vs. robinette

Police not required to inform subject that he/she is free to go before conduction consensual search

What is an example of the power that remains with the states?

Police power

Define implied powers

Powers conferred from the express powers that allows us to carry out its functions

defined delegated powers

Powers given explicitly to the national government enlisted in the Constitution

Sy, a government agent, arrests Trudy for the commission of a crime. Trudy claims that Sy entrapped her. This is a valid defense of Sy...

Pressured Trudy into committing the crime.

Design defects

Product made in conformity with the manufacturer's design specifications but nevertheless results in injury to the user because the design itself was improper--product's design creates unreasonable risk to the user

Unreasonably dangerous products

Product was dangerous beyond the expectation of the ordinary customer | Less dangerous alternative was economically feasible for the manufacturer but the manufacturer failed to produce it

US vs. Leon

Prosecution may introduce illegally obtained evidence if officers obtained this by relying on a search warrant that they reasonably, but erroneously, believed to be valid

One concept behind the tort of invasion of privacy is to

Protect individuals rights to solitude and freedom from unwarranted public exposure

What are the benefits of the federal system?

Protection from tyranny, permit local variation policy (unity without uniformity and politicians national don't have to iron out every difference), training for national leaders, Government is closer to the people, and encourage experimentation

Public Figures

Public officials who exercise substantial governmental power and any person in the public limelight.

Retail only.

Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness for Quality. Tod is a witness for Retail. Quality may direct interrogatories to

A motion to dismiss.

Quin files a suit against Regal Products, Inc. Regal responds that even if Quin's statement of the facts is true, according to the law Regal is not liable. This is...

Proof that Real Cleen needs to establish its case.

Real Cleen Laundry, Inc., files a suit against Sudsee Soap Company and seeks, as part of dis¬covery, certain documents in Sudsee's possession. A legitimate reason for this request is that the documents contain...

Magna Carta

Recognized rights, bound king to law Helped establish both rights of citizens and power of courts to overturn laws that contradict rights

What are the delegated/express powers of the national government

Regulate trade in interstate commerce, declare war, Great post offices, and coin money

New cell phone company offers to buy a laser printer, with a case of paper and an extra cartridge, from Office Products, Inc. for $200. Paul, OPI's rep says "Okay, but no paper and no extra cartridge" Paul has

Rejected the offer and made a counteroffer

Resources Recovery, Inc uses dynamite in its remote mining operations. Sabrina stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is

Resources Recovery only

Resources Recovery, Inc., uses dynamite in its remote mining operations. Sabrina stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activ¬ity is

Resources Recovery only.

Roadway Construction, Inc., uses dynamite in its projects. Sven stores household chemicals in the garage. Most likely liable for any injury caused by an abnormally dangerous activity is...

Roadway only.

uuuuu. Brian makes a material misrepresentation of fact regarding his horse to Rosalind while out riding one day. Later that day, Rosalind makes an offer to buy the horse. Brian accepts without correcting his earlier misrepresentation of fact.

Rosalind may avoid the contract.

A motion to dismiss.

Ruth files a suit against Solid Products, Inc. Solid responds that even if Ruth's statement of the facts is true, according to the law Solid is not liable. This is...

Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir. The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

Rylands v. Fletcher.

The "New" Federalism

Says anything not stated in the constitution is a reserved power for the states.

due process

Series of supreme court rulings began expanding rights that suspects and defendants in state cases hold under 14th amendment

False

Service of process is the process of obtaining information form an opposing party before trial.

nnn. After making her bid at an auction, Alice wishes to withdraw her bid before the auctioneer's hammer falls:

She may do so since, generally, offers can be revoked any time before acceptance.

Intentional Torts

Society compensates those who have suffered injuries as a result of the wrongful conduct of others.

age

Some individuals too young to understand consequences of actions and possess required criminal intent

A business uses dangerous acid in production. It fails to warn a new employee of the risks involved in using the acid and the employee is injured. If the acid maker is sued, its defense will be that the business and the employees are

Sophisticated users

Damages for Slander

Special Damages, plaintiff must show that the slander caused actual economic or monetary losses. If special is proven, can ask for General.

Stable Tool Company makes hedge trimmers. Troy is injured while using a Stable trimmer and sues the company for product liability based on negligence. To win, Troy must show that

Stable DID NOT USE DUE CARE with respect to the trimmer.

Permissive Federalism

State and local governments ask the national government before doing anything.

Absolute Privilege

Statements made in judicial proceedings and certain government proceedings. Attorneys, judges, Congress.

in what ways does the constituion allow or not allow states to settle disputs?

States are allowed to either settle disputes in the Sprememe Court or they may negotiate interstate compacts. They may not use force.

In the case of McCulloch v. Maryland (1819) what did the Court conclude?

States could not tax the national bank.

Code of Hammurabi

Stipulated property rights, banned behaviors, and punishments Included death and corporal punishment Advance, substituted state actions over vengeance

Federalism is both formal or _____, or informal or ______

Structural, social

escobedo vs. illinois

Suspects have rights to legal representation when being questioned by the police

. The extreme risk of an activity is a primary basis for imposing strict liability.

T

104. _____ In ordinary sales transactions, the warranty of title can be disclaimed or modified only by specific language in a contract.

T

106. _____ According to the UCC, unless otherwise specified or agreed upon, all goods in a contract must be rendered in a single delivery.

T

108. _____ When an offer governed by the UCC does not specify a means of acceptance, it can be accepted by any means reasonable under the circumstances.

T

110. _____ In order to be liable for negligence a person must have owed a duty of care to the plaintiff.

T

111. _____ Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks a window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball.

T

112. _____ Truth is a complete defense to defamation.

T

113. _____ Arthur offers Bob, an employee of Carl, a job with his company at a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carl. Arthur knows about the contract between Bob and Carl and knows that the contract should run for another five years, but Arthur wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations.

T

119. _____ Even though no one else had developed an invention like that of the patent applicant, the application will be denied if, at the time of the invention, the invention would have been obvious to a person having ordinary skill in the area.

T

120. _____ A copyright owner's failure to use a proper copyright notice does not cause her to forfeit copyright protection.

T

121. _____ Consent can be raised as a defense to battery.

T

122. _____ Bill dictates a letter to his assistant, Barbara. The letter is addressed to Betty Bonds, his accountant, and in it, he accuses Betty of being dishonest when he knows she is not! Barbara never types the letter, and does not send it to Betty. Nevertheless, Bill has likely committed the tort of defamation.

T

124. _____ A fanciful use of ordinary words may be trademarked.

T

125. _____ Tort law provides legal remedies for both personal injury and property damage.

T

126. _____ In tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that certain consequences would result from the act.

T

127. _____ To commit an intentional tort, a person need not act with a harmful motive.

T

130. _____ Libel involves the written communication of defamatory language.

T

132. _____ To commit the tort of trespass to land, a person does not need to actually harm the land.

T

133. _____ Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another.

T

136. _____ Brad doesn't like Rob and especially dislikes Rob's new felt hat, so he intentionally knocks it off Rob's head in order to embarrass Rob. Brad has committed a battery.

T

137. _____ In a defamation action, the plaintiff must prove that the defendant communicated a false statement to a third party.

T

138. _____ A tort is a violation of a duty imposed by the civil law.

T

139. _____ Under the new Restatement (Third) of Torts, a manufacturing defect exists only when it is shown that: 1) the product has departed from its intended design; and 2) the manufacturer failed to exercise "due care" in the manufacturing process.

T

141. _____ Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false.

T

142. _____ In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

T

144. _____ Punitive damages are intended to punish the defendant.

T

146. _____ Infringement is the unauthorized use of the intellectual property of another

T

148. _____ For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

T

149. _____ Trade secrets are information held as confidential by a company and its employees.

T

150. _____ A trademark differs from a service mark in that the latter describes services.

T

151. _____ A copyright does not last forever.

T

153. _____ Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

T

155. _____ Knowing and intentional infringement of a mark can be a criminal offense.

T

156. _____ Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors. Komco may copyright its magazine and television ads.

T

157. _____ The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.

T

159. _____ Computer software may be patentable.

T

160. _____ If a trademarked name acquires a generic meaning the owner of the trademark loses protection.

T

162. _____ Some torts are crimes.

T

163. _____ "Res ipsa loquitur" means "the thing speaks for itself" and raises a presumption of breach of duty and causation in negligence cases.

T

165. _____ Bob writes an all-new, original, marching song. Bob's song is copyrightable.

T

166. _____ Dan lends Susan $500. She agrees to pay Dan $100 a month until the $500 is paid. She gives Dan her diamond ring to hold until she fully satisfies the debt. The ring is "collateral."

T

167. _____ Filing a petition for bankruptcy automatically stays most legal actions filed against the debtor.

T

168. _____ Bob throws a ball across his neighbor's property, and the ball then lands in the street; this could constitute "trespass to land."

T

173. _____ In order for an artisan's lien to be valid, the lienholder normally must have possession of the property.

T

174. _____ Where the creditor has possession of the collateral, the security agreement may be oral.

T

176. _____ Attachment of a security interest is a necessary condition for its perfection.

T

179. _____ When a court determines whether the defendant has breached his or her duty of care to the plaintiff, the court asks whether the defendant acted the way a reasonable person would in similar circumstances.

T

180. _____ Compensatory damages include damages for past and future pain and suffering.

T

181. _____ A company is generally not liable for the criminal acts of its employees.

T

182. _____ One who participates in an activity subject to strict liability will be held liable for damages resulting from the activity even if he exercised reasonable care in undertaking the activity.

T

183. _____ Strict liability for defective products requires the plaintiff to show there was a defect in the product that caused the injury.

T

184. _____ In some cases, failure to warn about a product's dangers can make an otherwise safe product defective.

T

185. _____ Generally, sellers must design their products to be safe when foreseeably misused.

T

186. _____ To succeed in a product liability suit based on strict liability, a plaintiff does not need to prove why or how a product became defective.

T

187. _____ Defendants who engage in ultrahazardous activities are almost always strictly liable for any harm they cause.

T

188. _____ A defendant who engages in an ultrahazardous activity is liable for any harm that results from the activity.

T

189. _____ Unless the warranty of merchantability is expressly disclaimed, all merchants warrant that the goods they sell are fit for the general purpose for which they are intended to be used.

T

192. _____ A security interest is not enforceable unless the creditor's rights have attached to the collateral.

T

194. _____ To create an enforceable security interest, the secured party must give value.

T

196. _____ An authenticated security agreement can be in an electronic medium.

T

199. _____ A financing statement is effective even if it is filed electronically.

T

200. _____ For a financing statement to be valid, it must contain a description of the collateral.

T

202. _____ The state office in which a financing statement should be filed depends on the debtor's location.

T

205. _____ A purchase-money security interest in consumer goods is perfected automatically at the time of a credit sale.

T

206. _____ A purchase-money security interest arises when a seller or lender provides a buyer with the "purchase money" to buy goods.

T

210. _____ An artisan's lien is effective only if a creditor has possession of the property.

T

212. _____ A writ of execution is a court order to seize a debtor's property after the entry of a final judgment in a creditor's lawsuit against the debtor.

T

215. _____ A contract of suretyship must be in writing to be enforceable

T

216. _____ A surety can use any defenses available to a debtor to avoid liability on the obligation to the creditor.

T

218. _____ Bankruptcy proceedings are held in federal bankruptcy courts.

T

219. _____ A bankruptcy court looks at the totality of a debtor's circumstances to determine whether the debtor's petition for relief under Chapter 7 constitutes substantial abuse.

T

220. _____ The filing of a petition for bankruptcy will automatically stay most legal actions against the debtor.

T

221. _____ It is possible, on a debtor's bankruptcy, that an unsecured creditor might receive nothing to cover the debt.

T

224. _____ A creditor with an artisan's lien on property can sell the property to satisfy the debt.

T

225. _____ A guarantor is secondarily liable on an obligation.

T

226. _____ A guarantor becomes primarily liable only when a debtor cannot pay a debt.

T

A failure to return personal property is conversion even if the rightful owner consented to the initial taking.

T

A seller must take steps to guard against the foreseeable misuse of a product.

T

Assumption of risk can be raised as a defense in a negligence suit(T/F)

T

If a person breaches a duty of care and another person suffers an injury, the breach must have caused the harm for liability to result(T/F)

T

If an actor's conduct creates no risk, there is no negligence.

T

If it can be shown that a trespass to land was warranted, a complete defense exists.

T

If it can be shown that a trespass to personal property was warranted, a complete defense exists.

T

If no harm results from an allegedly negligent act, there is no liability

T

If no harm results from an allegedly negligent act, there is no liability(T/F)

T

If one person's act harms another, there may be liability for negligence even if the actor did not intend there harm(T/F)

T

In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit(T/F)

T

In theory, causation in fact is limitless(T/F)

T

Liability for negligence requires a finding of causation in fact and a determination of proximate cause(T/F)

T

Negligence per se may occur on the violation of a statute(T/F)

T

One characteristic of an abnormally dangerous activity is that it is not commonly performed in a certain area(T/F)

T

Person who keeps a wild animal is always strictly liable for any harm that the animal inflicts(T/F)

T

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability(T/F)

T

Proximate cause exists when the connection between an act and an in¬jury is strong enough to justify imposing liability.

T

Strict liability is imposed for reasons other than fault(T/F)

T

The degree of care to be exercised in a situation can vary with a person's profession or occupation(T/F)

T

The extreme risk of an activity is a primary basis for imposing strict liability(T/F)

T

The purpose of tort law is to provide remedies when various protected interests have been invaded.

T

The types of product defects that have traditionally been recognized in product liability law include inadequate warnings.

T

The use by one person of another person's likeness without permission and for the benefit of the user constitutes the tort of appropriation.

T

Tortfeasor is the term for a person who commits a tort.

T

Under a dram shop act or a social host statute, liability can be imposed without proof of negligence(T/F)

T

Under a dram shop act, liability can be imposed without proof of negligence.

T

Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration.

T

Under the theory of negligence, harm must be foreseeable to be considered the proximate cause of an injury(T/F)

T

the doctrine of res ipsa loquitur applies if an event causing harm doesn't normally occur in the absence of negligence(T/F)

T

under the doctrine of comparative negligence both the plaintiffs and the defendants negligence are taken into consideration(T/F)

T

A business that invites persons to come onto its premises is charged with a duty to exercise reasonable care to protect those invitees.

TRUE

A court may depart from a precedent if the precedent is no longer valid.

TRUE

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

TRUE

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

TRUE

A failure to return personal property may be conversion even if the rightful owner consented to the initial taking.

TRUE

A person may not be liable for a defamatory statement if he or she enjoys a privilege.

TRUE

A person who commits larceny can be sued under tort law.

TRUE

A reference to "28 U.S.C. Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code.

TRUE

A search warrant must particularly describe whatever is to be searched.

TRUE

A state constitution is supreme within the state's borders.

TRUE

A state law that treats nonresidents different from residents may violate the privileges and immunities clause.

TRUE

A substantive law creates or defines legal rights and obligations.

TRUE

A suspect cannot be tried twice in the same court for the same crime.

TRUE

A wrongful mental state is typically required for criminal liability.

TRUE

An Internet service provider is generally not liable for publishing a defamatory statement that comes from a third party.

TRUE

An unauthorized scan of a bank account can be an invasion of privacy.

TRUE

Any crime that requires knowledge of computer technology for its perpetration is a computer crime.

TRUE

Changing a trademark is forgery.

TRUE

Congress can regulate all commerce in the United States.

TRUE

Courts often rely on the common law as a guide to interpreting legislation.

TRUE

Damages is a remedy at law.

TRUE

Hackers sometimes rent their "crimeware" as a service.

TRUE

How judges apply the law to specific disputes may depend in part on their personal philosophical views.

TRUE

Identity theft occurs when a wrongdoer steals another's form of identification.

TRUE

In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit.

TRUE

Jurisdiction can be a key issue in a case involving a cyber crime.

TRUE

Law enforcement officials can track the e-mail communications of one party to find out the identities of other parties.

TRUE

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

TRUE

Linear reasoning proceeds from one point to another with the focal point being the conclusion.

TRUE

Malicious prosecution can occur if a party initiates a lawsuit out of malice.

TRUE

Most crimes must be prosecuted within a certain number of years.

TRUE

Most criminal liability depends on the performance of a prohibited act.

TRUE

Most state trial court decisions are not published.

TRUE

Negligence per se may occur on the violation of a statute.

TRUE

Pretexting is the process of obtaining information by false means.

TRUE

Remedies in equity include injunctions and decrees of specific performance.

TRUE

Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.

TRUE

Self-defense is a defense to a charge of assault.

TRUE

Some constitutional protections apply to business entities.

TRUE

Substantive due process limits what the government can do in its legislative capacity.

TRUE

The Bill of Rights protects individuals against various types of interference by the government.

TRUE

The First Amendment does not protect commercial speech as extensively as noncommercial speech.

TRUE

The courts determine when the laws restricting free speech are justified by the need to protect other rights.

TRUE

The crime of bribery occurs when the bribe is offered even if it is not accepted.

TRUE

The degree of care to be exercised in a situation can vary with a person's profession or occupation.

TRUE

The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence.

TRUE

The establishment clause of the U.S. Constitution prohibits the federal government from promoting a religion.

TRUE

The full faith and credit clause ensures that rights established under a contract in one state are honored by other states.

TRUE

The law establishes limits to liability for negligence through the concept of proximate cause.

TRUE

The right to due process of law applies to corporations.

TRUE

The state governments retain all powers not specifically delegated to the federal government.

TRUE

There is at least one circumstance in which a person cannot refuse to testify.

TRUE

Under the U.S. Constitution, each branch of government limits some actions of the other branches.

TRUE

Under their police powers, states can regulate private activities to protect or promote the public order, health, safety, morals, and general welfare.

TRUE

Vishing is phishing that involves voice communication.

TRUE

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

TRUE

Powers reserved to the states include all of the following EXCEPT the power to oversee primary and secondary education. create post offices. charter local governments. conduct elections. take land for public use.

Take land for public use

Sharp Computer Corporation makes hard drives. Tally discovers that her Sharp drive is defective and sues the maker for product liability based on misrepresentation. To win, Tally must show that

Tally relied on the misrepresentation

Named the concurrent powers

Taxes and fees, borrow and spend, establish courts, enact and enforce laws, protect civil rights, conduct elections, protect health and welfare.

True

Testimony given in court about what someone heard someone else say is not admissible as evidence.

Proximate cause limits liability to harms

That bear a reasonable relationship to the defendant's negligent conduct

False

The 3 major stages of litigation are filing, answering, and appealing.

True

The 3 major stages of litigation are pretrial, trial, and post-trial.

Who empires the division of powers between nation and state government?

The US Supreme Court

Which law did Congress pass in 1995 to try to change the balance of power between the national and state governments?

The Unfunded Mandates Reform Act of 1995

gg. A makes an offer to sell B a computer by testing B the offer. The offer says nothing about authorized or stipulated means of acceptance. Which of the following is true?

The acceptance is effective upon dispatch if it is by any reasonable means of communication.

A cross-examination.

The attorney for Eateries also questions Floyd. This is...

Suppose a surgeon is sued for negligence by a patient for having accidentally botched an operation. The standard that applies to the surgeon is the reasonable person, which means:

The care expected of a skilled surgeon under the circumstances

What is the full faith and credit cause?

The clause in the Constitution in article 4 which requires the states to recognize the court rulings of other states and accept the record is valid

Defined Commerce clause

The closet in the Constitution and article 1 biggest Congress the power to regulate all business activities that cross state lines for that affect more than one state or other nations

d. A and B contract for the sale of goods. Later A, who is 13 years old, wants to cancel the contract on grounds of incapacity. Which of the following is true? Assume that neither A nor B is a merchant.

The common law capacity rules apply, because Article 2 of the UCC has no rules on the subject.

Accident, Mistake and Ignorance

The defendant committed a harmful act by accident or mistake or through either ignorance of law or of the harm caused by one's action

Strict liability under contract law for injuries caused by defective products is based on

The existence of a warranty

Define extradition

The legal process whereby a criminal is surrendered by the officials of one state officials of the state in which the crime was committed

rrrrr. Bill Businessman obtains an exclusive franchise to sell widgets for the Acme Widget Company. The exclusive franchise covers the entire State of Wisconsin for a period of three years.

The manufacturer is obligated to use his best efforts to supply the goods even if no such clause appears in the written franchise agreement.

what is the stance of the decentralists?

The national government is merely and - based on the 10th amendment which states agent of the states the principle of reserve powers to states - state governments are closer to the peope and reflect the people's wishes more

What are the constitutional pillars that the national government power over the states comes from? 4

The national supremacy, the war powers, the commerce clause (it's powers to regulate commerce among the states and other countries), and to tax and spend

Tortfeasor

The person committing the tort.

Proving a defective condition

The plaintiff must show that the product was defective at the time it left the hands of the seller or lessor and that the defect was unreasonably dangerous

what is a basic example of the concurrent?

The power of taxation

federalism is characterized by:

The powers of the government being distributed between two or more authorities within the same territory each having power over the individual but with respect to different activities

defined inherent powers

The powers of the national government in foreign affairs that the Supreme Court has dictated do not depend on Constitution grants but rather come from the very existence of the national government

Define the devolution evolution

The purchase of the growth of financial government by returning many functions to the state

Defined preemption

The right of the national law to trumps state law

Defined express powers

The same as delegated powers

Mac will have a judgment entered in his favor.

The sheriff serves Nan with a summons. If Nan chooses to ignore it...

What is the most important units of political parties?

The state level and the local because parties arguments around units of competition and electro competition in United States is at the local level

Intent

The tortfeasor intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act.

mm. A orally offers to sell B 100 premium-grade fountain pens but neglects to state the price. B orally accepts. Immediately thereafter, A tries to back out of the deal. At this point in time, which of the following is most likely to be true?

There is a contract, if the parties intended to make a contract and there is a reasonably certain basis for determining the price.

True

There is a right to a jury trial for a case at law in a federal court only when the amount in controversy exceeds a certain amount.

hh. A makes B an offer for the sale of land. The offer says that B "must accept by registered letter." B accepts the offer with a regular letter. Which of the following is true?

There is no acceptance and no contract.

ooooo. Barbara Baker, a wealthy widow, promises the pastor of her church that she will donate $10,000 to the church to help pay off its mortgage, if the stewardship committee can obtain enough pledges for the balance of the $30,000 mortgage. Other pledges are obtained to pay off the mortgage, but now Barbara has changed her mind and plans to take an around the world cruise instead.

There is no consideration for Barbara's promise to pay 10000,Barbara's promise is enforceable

uu. A standard-form offer for the sale of goods says that all disputes under the contract must be subjected to arbitration. The standard-form acceptance rejects arbitration. Which of the following is most true? Assume that the acceptance is a definite and seasonable expression of acceptance.

There is no contract if the offeree's acceptance was expressly conditional on the offeror's rejection of arbitration, and the offeror did not agree to reject arbitration.

jjjjj. Assume an offeree mails an acceptance on November 1. This acceptance arrives at the offeror's place of business on November 6. In the meantime, on November 4, the offeree sends the offeror a rejection which arrives on November 5. Which of the following statements correctly describes the situation?

There was a contract on November 1.

iiiii. Assume an offeree mails a rejection to the offeror on November 1. This rejection arrives at the offeror's place of business on November 5. In the meantime, on November 4, the offeree sends the offeror an acceptance that arrives November 6. Which of the following statements correctly describes the situation?

There was no contract.

Immunity of ISP Providers

They are just the gateways. Not liable.

Among those who favored the states' rights interpretation of federalism, or decentralism, was __________.

Thomas Jefferson

The pleadings.

To initiate a lawsuit, Allen files a complaint against Beth, who responds with an answer. Taken together, the complaint and answer are...

What are the reserve powers of the states?

To oversee schools, create local governments, Police citizens

A deposition.

To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC's attorney places LLDC's president under oath. A court reporter makes a record of the attorney's questions and the officer's answers. This is...

Punitive Damages

To punish the wrongdoer and deter others from similar wrongdoing.

Direct examination.

Toppers, Inc., files a suit against Unique Hat Company. Toppers's attorney calls Vicky, the first witness, and questions her. This questioning is...

Cyber Tort

Torts committed via the internet.

Toyoda Company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition. If the pedals or other parts are defective, strictly liable for any damage caused by the defects are

Toyoda AND the subcontractors.

Production techniques used to make "Grave Robbers," a computer game, are protected by...

Trade secrets law.

A breach of a contract is a failure to perform it.

True

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers for its products.

True

A business takes a risk by electronically storing its customers' credit ac¬count numbers.

True

A contract is discharged when its specific subject matter is destroyed

True

A contract is void if its purpose is illegal

True

A court may depart from a precedent if the precedent is no longer valid.

True

A court will not review an administrative agency's decision until the case is "ripe for review."

True

A defamatory statement must be communicated to a third party to be actionable.

True

A default judgment is entered against a party who fails to respond to the allegations in a complaint.

True

A defendant is a person against whom a lawsuit is brought.

True

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

True

A deposition is sworn testimony by a party to a lawsuit or any witness

True

A deposition is sworn testimony by a party to a lawsuit or any witness.

True

A hacker is someone who uses one computer to break into another.

True

A law that discriminates based on gender must substantially relate to an important government objective to be valid.

True

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

True

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

True

A party seeking court review of an administrative action must first exhaust all his or her administrative remedies before seeking court review

True

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

True

A person may not be liable for a defamatory (slanderous or damaging of the good reputation) statement if she or he enjoys a privilege

True

A person may not be liable for a defamatory statement if he or she enjoys a privilege

True

A person who accesses a computer online, without authorization, to obtain protected data commits a federal crime.

True

A person who commits larceny can be sued under tort law.

True

A personal name is protected under trademark law if it acquires a secondary meaning.

True

A reference to "28 U.S.C. Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code.

True

A search warrant must particularly describe whatever is to be searched.

True

A seller has an insurable interest in goods as long as he or she retains title to the goods

True

A state constitution is supreme within the state's borders.

True

A state court can exercise jurisdiction over property located within the state's boundaries regardless of the property owners' location.

True

A state law that conflicts with the U.S. Constitution will be deemed unconstitutional.

True

A state law that treats nonresidents different from residents may violate the privileges and immunities clause

True

A state law that treats nonresidents different from residents may violate the privileges and immunities clause.

True

A substantive law creates or defines legal rights and obligations.

True

A suspect cannot be tried twice in the same court for the same crime.

True

A wrongful mental state is typically required for criminal liability.

True

Administrative agencies can conduct warrantless searches in some situations.

True

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

True

Administrative law is created by administrative agencies, not by legislatures.

True

All federal government agencies must make their records available electronically on the Internet.

True

All powers not specifically delegated to the federal government are reserved to the states

True

All powers not specifically delegated to the federal government are reserved to the states.

True

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

True

An advertisement is generally considered an invitation to negotiate

True

An appellate court can affirm or reverse the decision of a trial court in part.

True

An e-contract must meet the basic requirements as a paper contract

True

An internet service provider is not normally liable for its users' defamatory remarks.

True

Any crime that requires knowledge of computer technology for its investigation is a computer crime.

True

Any crime that requires knowledge of computer technology for its perpe¬tration is a computer crime.

True

Assumption of risk can be a defense in a product liability suit.

True

At every stage of a trial, either party can file a motion to dismiss the case.

True

Before a lawsuit begins, the court must have proof that the defendant was notified.

True

Changing a trademark is forgery.

True

Complete performance occurs when conditions in contract are fully satisfied

True

Concurrent jurisdiction exists when neither federal nor state courts have the power to hear a particular case.

True

Congress can only pass legislation that falls within the limits set up by the U.S. Constitution.

True

Congress can regulate all commerce in the United States.

True

Consequential damages are foreseeable damages that arise from a party's breach of contract

True

Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another.

True

Courts often rely on the common law as a guide to interpreting legislation.

True

Damages is a remedy at law.

True

Deductive reasoning involves a main premise, a minor premise, and a conclusion.

True

Discovery is the process of obtaining information from an apposing party before trial.

True

Each state has its own constitution.

True

Every state has adopted some or all of the Uniform Commercial Code.

True

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

True

Final administrative rules have binding legal effect unless the courts later overturn them.

True

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

True

Generally, a person is not responsible for a criminal act if, as a result of a mental defect, he or she lacked substantial capacity.

True

Hackers sometimes rent their "crimeware" as a service.

True

Hearsay evidence is testimony about a statement made by someone who was not under oath at the time.

True

How judges apply the law to specific disputes may depend in part on their personal philosophical views.

True

Identity theft occurs when a wrongdoer steals another's form of identification.

True

If a discovery request involves confidential business information, the scope of the request can be limited.

True

If a party breaches a contact, the other party can choose one or more of several remedies

True

If goods identified to a contract are destroyed through no fault of either party both parties are excused from the performance

True

If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

True

In determining wether the use of a copyrighted work is infringement under the fair use doctrine, one factor is the effect of that use on the market for the work.

True

In many states, the plaintiff's negligence is a possible defense in a strict product liability suit.

True

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

True

Interpretive rules simply declare policy and do not affect legal rights or obligations.

True

Jurisdiction can be a key issue in a case involving a cyber crime.

True

Law enforcement officials can track the e-mail communications of one party to find out the identities of other parties.

True

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

True

Linear reasoning proceeds from one point to another with the focal point being the conclusion.

True

Many Web sites use "cookies" to collect data on those who visit their sites.

True

Minimum contacts with a jurisdiction can be sufficient to support jurisdiction over a nonresident defendant.

True

Most crimes must be prosecuted within a certain number of years.

True

Most criminal liability depends on the performance of a prohibited act

True

Most criminal liability depends on the performance of a prohibited act.

True

Most state trial court decisions are not published.

True

Most states do not enforce agreements to arbitrate disputes between private parties

True

Often, an administrative agency enforces it own rules.

True

Only the Government prosecutes criminal defendants.

True

Performance can be accomplished by tender

True

Performance of an accord discharges an original contractual obligation

True

Picking pockets is not robbery.

True

Procedural due process requires that any government decision to take a person's property must be made fairly.

True

Punitive damages are almost never available in contact disputes ( inflicting or intended as punishment)

True

RICO is often used to prosecute acts classified as white-collar crimes.

True

Remedies in equity include injunctions and decrees of specific performance.

True

Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.

True

Small claims courts are inferior trial courts.

True

Some constitutional protections apply to business entities.

True

State laws often significantly protect individuals' privacy rights.

True

State regulation, when not preempted, may cover many of the same ac¬tivities as federal regulation.

True

State regulation, when not preempted, may regulate independently the activities that federal regulation does not cover.

True

Stealing a computer program is larceny.

True

Strict liability is imposed for reasons other than fault.

True

Substantive due process limits what the government can do in its legislative capacity.

True

The Bill of Rights protects individuals against various types of interfer¬ence by the government.

True

The First Amendment does not protect commercial speech as extensively as noncommercial speech.

True

The U.S. Constitution is the supreme law of the United States.

True

The United States Supreme Court can review any case decided by any of the federal courts of appeals.

True

The United States Supreme Court has original jurisdiction in rare instances.

True

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

True

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

True

The courts determine when the laws restricting free speech are justified by the need to protect other rights.

True

The crime of bribery occurs when the bribe is offered even if it is not accepted.

True

The establishment clause of the U.S. Constitution prohibits the federal government from promoting a religion.

True

The full faith and credit clause ensures that rights established under a contract in one state are honored by other states.

True

The function of the courts is to interpret and apply the law.

True

The period for persons to comment on a proposed administrative rule must be at least thirty days.

True

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

True

The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes.

True

The right to due process of law applies to corporations.

True

The stability and predictability of the law is essential to busi¬ness activities.

True

The state governments retain all powers not specifically delegated to the federal government.

True

There is at least one circumstance in which a person cannot refuse to testify.

True

There is one set of procedural rules for federal courts and various sets for state courts.

True

To commit an intentional tort, a person must intend the consequences of his or her act or know with substantial certainty that certainly consequences will result.

True

To have standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining.

True

To obtain a patent, an applicant must show that an invention is genuine, novel, useful, and not obvious in light of current technology.

True

True of false: the Constitution reserves for the states the powers not expressly granted to the national government

True

U.S. district courts have original jurisdiction in matters involving federal questions.

True

UCC Article 2A covers any transaction that creates a lease of goods

True

Under the U.S Constitution, each branch of government limits some actions of the other branches

True

Under the U.S. Constitution, each branch of government limits some actions of the other branches.

True

Under the UCC, an agreement modifying a contact needs no consideration to be binding

True

Under the theory of negligence, a breach of the duty of care requires a carless act

True

Under their police powers, states can regulate private activities to protect or promote the public order, health, safety, morals, and general welfare.

True

Using another's trademark in a domain name without permission violates federal law.

True

Vishing is phishing that involves voice communication.

True

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

True

if it can be shown that a trespass to personal property was warranted, a complete defense exists

True

ii. A moral obligation is generally not deemed to be consideration.

True

o. A contract that is considered to be "within" the Statute of Frauds must comply with the requirements of the Statute in order to be enforceable.

True

Summer Breeze, Inc., contracts for the sale of fifty ceiling fans to Island Décor store. Tyrone buys one of fans from the store. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Summer Breeze, Tyrone must file a suit within four years of

Tyrone's discovery of an injury.

True

U.S. courts follow the adversarial system of justice.

False

U.S. courts utilize the conciliatory system of justice.

A statement of the facts necessary to show Ula is entitled to relief.

Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include...

bb. A friend of Larry T. sent in Larry's name in response to an advertisement for "10 records for one cent and a promise to buy 6 more over the year." When Larry T. received the records he opened and used them. He knew he hadn't ordered the records.

Under quasi-contract, Larry T. must pay since he knew it was a mistake.

utilitarianism

Utilitarianism is a theory in normative ethics holding that the proper course of action is the one that maximizes utility, usually defined as maximizing total benefit and reducing suffering or the negatives. This theory is an economic analysis that is human-centered (or anthropocentric) and has a moral foundation.

False

Vior dire is a process for presenting evidence in a case.

In McCune v. Myrtle Beach Indoor Shooting Range, where McCune lost an eye playing paintball and sued the paintball facility, the appeals court held that the facility

Was not liable because McCune assumed the risk and signed a liability waiver

statutes must be related to a power listed in article 1 section 8 of the constitution

What accurately describes statutes that congress and the president may create?

f. A and B exchanged standard forms regarding the sale of goods, and the standard forms do not agree on material terms. Under UCC section 2-207, when will there be a contract anyway? Assume that B did not make its acceptance conditional on A's assent to any additional or different terms.

When B's form is a definite and seasonable expression of acceptance.,When there is conduct by both parties recognizing the existence of a contract.

www. An acceptance is generally effective at what point?

When dispatched

Cooperative Federalism

When national, state, and local governments work together to make the government easier.

Qualified Privilege

When publication is limited to those who have legitimate interest in the communication. Place of employment.

Marble Cake Federalism

Where powers are mixed and given out to the different levels of government.

Competitive Federalism

Where state and local governments compete for different laws and powers, and then people choose which region they live under.

What is more telling: your party or where you are from?

Where you're from

Intentional torts are based on

Willfull misconduct

Mike's is a highway construction company. Mike's is laying a highway through the mountains in West Virginia. At one spot they have to blast a hole through some rocks. Myra is hiking along the side of the road when the explosion occurs. She is thrown down by the explosions and breaks her leg. If she sues Mike's she will

Win based on strict liability

Defamation

Wrongfully hurting a person's good reputation.

mmmmm. Aunt Ellie promises her 21-year-old nephew, Robbie, that she will pay him $100 if quits smoking for a month. If Robbie does, is there a binding contract?

Yes, because Robbie gave up a legal right.

ccccc. Arthur mails an offer to Brian on June 15. Brian receives the offer on June 16. Arthur mails a revocation of the offer on June 17. Brian mails a letter of acceptance on June 18. Brian receives the revocation on June 19. Was a contract formed?

Yes, on June 18.

In an emergency situation, Milena, an emergency medical technician, renders aid to Lothar, who needs help. Lothar would most likely be prohibited from suing Milena for negligence under

a Good Samaritan statute.

Defined necessary and proper clause

a clause in the constitution in article 1 which gives congress its implied powers; " right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

takings clause

a clause in the fifth amendment that ensures that when any governmental unit takes private property for public use, it must compensate the owner ex: build a highway has to pay a fair price to homeowners if their homes were torn down

equal protection clause

a clause in the fourteenth amendment that generally requires the government to treat people equally

Clothes made by workers who are members of the Clothes Makers Union are sold with tags that identify this fact. This is...

a collective mark.

r. A contract wherein the obligation to perform that contract is based upon the happening of a specified event, even if the specified event may never occur, is an example of

a conditional contract.

rrrr. An option is

a contract.

attachment

a court order seizing property of a party to a civil action, so that there will be sufficient assets available to pay the judgement

judicial restraint

a court's attitude that it should leave lawmaking to legislatures

Welding Systems, Inc. (WSI), makes welding torches, masks, and related products. A WSI product may be unreasonably dangerous due to

a defect in its design.

Pier shops in a Rowdy Ranch & Farm Store store. Enticed by a display, Pier takes an item to examine it and, when she is done, places it on the floor. Tanner, a consumer enticed by the same display, does not see the item on the floor, trips over it, falls, and suffers an injury. With respect to the danger, Rowdy had

a duty to discover and remove the hazard.

substantive due process

a form of due process that hold that certain rights are so fundamental that the government may not take them from us at all, the substance of any law or government action may be challenged on fundamental fairness grounds

Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale. Liability may be imposed on Green Glass based on

a manufacturing defect.

Erte holds 1,000 pounds of perishable fruit in storage for fresh stuff corporation. Fresh stuff does not pay for the strorage. Erte sells the fruit to Green grocers, inc. This sale represents

a mitigation of damages

If you commit defamation, you injure

a person's good reputation

market-share liability

a plaintiff must prove that the defective product that caused his or her injury was the product of a specific defendant--when impossible to determine who produced the defective product, all manufacturers are liable

iii. According to common law, informing someone of an intention to do an act or an intention to refrain from acting in a specified manner is considered to be:

a promise

Bette backs out of city parking garage, colliding with dill's car. dill may recover $7,500 to cover the cost of the repairs if bette failed to act as

a reasonable person

Kelly is injured when she slips and falls on lee's sidewalk. to determine whether lee owed a duty of care to kelly, lee is subject to the standard of

a reasonable person

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

a reasonable person.

Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of

a reasonable person.

leon files a suit against moira, a medical doctor, alleging negligence. as a physician, moira is held to the standard of

a reasonable physician

Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of

a reasonable physician.

j. A condition precedent is:

a requirement which must be met before the obligations of the contract are enforceable.

aaaa. An agreement of a seller to supply a buyer with all of the buyer's requirements for certain goods is known as:

a requirements contract.

Nora is charged iwht the commission of a crime. For a conviction, most crimes require...

a specified state of mind or intent.

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a pres¬iden¬tial veto of

a. Congress's modifications of the agency's authority.

Like other federal administrative agencies, the OSHA was created by

a. Congress, through enabling legislation.

Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

a. Congress, through enabling legislation.

Persons who favor the creation of a federal biotech agency to regu¬late the production of genetically altered agricultural products should con¬cen¬trate their lobbying ef¬forts on

a. Congress.

In "Case 4.2", Bad Frog Brewery, Inc. v. New York State Liquor Authority, Bad Frog's authorized New York distributor applied to the New York State Liquor Authority for brand label approval. This case concerns the freedoms guaranteed under the

a. First Amendment.

Liu files a suit against Macro Sales, Inc., in a New Jersey state court based on a Web site through which New Jersey residents can do busi¬ness with Macro. The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as

a. a "substantial enough" connection with the state.

Bellamy's opin¬ion is known as

a. a concurring opinion.

Xtreme Publications, Inc., disseminates obscene materials. This is

a. a crime under nu¬merous state and federal statutes.

During a trial between Laramie and Mikayla over a sale of allegedly diseased livestock, Mikayla's attorney asks questions of the plaintiff's witness Nilson. This is

a. a cross-examination.

Via the Internet, Rocky sabotages the computer system of Quik Chik'n Company, a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill. Rocky is

a. a cyberterrorist.

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

a. a federal district court.

Rashad accesses Quant Company's computer system without authority to obtain protected financial data. Under federal law, this is

a. a felony if it is committed for a commercial purpose.

Iggy uses his computer to break into Hye Technology Company's com¬puter. Iggy is

a. a hacker.

In Chickenpot Cafe's suit against Dawg Carts, Inc., the jury returns a verdict in Chickenpot's favor. Chickenpot will most likely ask the court to enter

a. a judgment in accordance with the verdict.

To Serena, the written law of a particular society at a particular time is most signifi¬cant. Serena is

a. a legal positivist.

The Federal Aviation Administration uses notice-and-comment rulemak¬ing. The final rule in such a proceeding is sometimes referred to as

a. a legislative rule.

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pickled Peppers, Inc., is heard in an appellate court. The difference between a trial and an appellate court is whether

a. a trial is being held.

Compensatory damages are intended to compensate or reimburse a plaintiff for

a. actual losses

The functions of the Social Security Administration, like those of other adminis¬trative agencies, include

a. adjudication.

Krystal is a federal judge. Krystal's judicial decisions are part of case law. This law includes interpretations of primary sources of law. These sources include

a. administrative regulations.

In Ben v. City Car Dealership, a state supreme court held that a minor could cancel a con¬tract for the sale of a car. Now a trial court in the same state is decid¬ing Daphne v. Even Steven Auto Deals, Inc.,, a case with similar facts. Under the doctrine of stare de¬cisis, the trial court is likely to

a. allow the minor to cancel the contract.

In Dawg Stop's suit against Condiment Vendor, Inc., Dawg serves a written request for Condiment to admit the truth of matters relating to the trial. Condiment's admission in response is the equivalent of

a. an admission in court.

Leona enters into a contract with Munchie Bakery to cater a sales con¬ference. When the conference is postponed indefinitely, Leona asks a court to cancel the contract. This request involves

a. an equitable remedy.

Maggie and Nate enter into a contract for the sale of car, but Nate later refuses to deliver the goods. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is

a. an equitable remedy.

In a suit against Evan, Floyd obtains an injunction. This is

a. an order to do or to refrain from doing a particular act.

Colorado enacts a statute that bans the distribution of anonymous politi¬cal leaflets. A court would likely hold this to be

a. an unconstitutional restriction of speech.

Minnesota enacts a statute to ban advertising in "bad taste." This stat¬ute would likely be held by a court to be

a. an unconstitutional restriction of speech.

Household Furnishings, Inc., distributes its merchandise on an inter¬state basis. Under the commerce clause, Congress has the power to regulate

a. any commercial activity in the United States.

The administra¬tive law judge or¬ders Guard to comply with the TSA's regulations. Guard may

a. appeal to the commission that governs the TSa.

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to set¬tle the dispute, before formal adjudicatory proceedings be¬gin, to avoid

a. appearing uncooperative.

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

a. are usually reluctant to review questions of fact.

Harvey puts up a guitar for bids on eWay, a Web auction site. Faith makes the highest bid and sends the payment, which Harvey receives, but he does not send the guitar to her. This is online

a. auction fraud.

Eliza is a state court judge. Flora appears in a case in Eliza's court, claim¬ing that Glover breached a contract. As in most state courts, Eliza may

a. award damages or cancel the contract.

The Merit Systems Protection Board issues a rule. Like other adminis¬tra¬tive agencies' "legislative rules," this rule is as

a. binding as a law passed by Congress.

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

a. changed the agency's prior policy without justification.

Brian's pick-up truck collides with Miranda's semi-trailer on a county highway. Weighing Brian's liability for the collision, Rachel, a judge, reasons by analogy. To reason by analogy is to

a. compare the facts in previous cases and apply the same rule of law.

3D HD TV Company, a firm in Minnesota, advertises on the Web. A court in North Dakota would be most likely to exercise jurisdiction over 3D HD if the firm

a. conducted substantial business with North Dakota residents through its Web site.

The title of a case appears as "Duck Down Corp. v. Egret Feathers Co." The party in whose favor the case was decided

a. could be either party.

As a judge, Diane applies common law rules. These rules develop from

a. decisions of the courts in legal disputes.

Val, the owner of Wild Wheels, a bicycle store, trusts Xavier to manage the store's daily cash flow. One night, without Val's knowledge or con¬sent, Xavier takes and keeps $500 from the receipts. This is most likely

a. embezzlement.

Solar Power, Inc., files a suit against Thunder Bay Utility Company and seeks to examine certain documents in Thunder's possession. A legitimate reason for this examination is that the documents contain

a. evidence about the case.

Inferior Company, which is based on South Carolina, makes and sells products that are poorly made. Jack, who is a resident of North Carolina, buys an Inferior product and suffers harm through its use. The diversity of citizenship between these parties means that

a. federal and state courts have concurrent jurisdiction.

Lora is a resident of Illinois. Ned is a resident of Wisconsin. They dispute the ownership of a boat docked in a Michigan harbor. This diversity of citizenship could serve as a basis for

a. federal jurisdiction.

After a trial between OptiGames, Inc., and Play Video Corporation, the jury renders a verdict in OptiGames's favor. Play Video's attorney can file a motion

a. for a new trial.

On the orders of their corporate employer, Della and Efron, employees of Fabulous Fashionista, a clothing store, switch trademarks on clothing that comes into the store to be sold to consumers. This is most likely

a. forgery.

The ARA will be considered valid if it directly advances a substantial government interest and

a. goes no further than necessary.

Lehigh Corp. was a real estate developer. The corporation brought prospective customers to its development, Lehigh Acres, and provided accommodations at its company-owned motel. Lehigh was successful and entered into many contracts with buyers. Chris Azar, a real estate agent, pursued the purchasers as they entered Lehigh's motel. He persuaded some to cancel their contracts with Lehigh and purchase less expensive property from him. Lehigh sued Azar, claiming that Azar was wrongfully interfering with its contractual relationships. Lehigh sought an injunction to prevent Azar from continuing this behavior. Azar contended that he was merely providing Lehigh's customers with an opportunity to obtain comparable property at lower prices. The court most likely

a. granted the injunction because Azar was wrongfully interfering with Lehigh's contracts with its customers.

Julius is a judge. How the Julius and the judges in other courts interpret a particular statute determines

a. how that statute will be applied.

Travis sends Ursula a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal in¬formation and access her financial resources. This is

a. identity theft.

One of two categories of business tort is referred to as:

a. interference with a contractual relationship.

Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of

a. jurisdiction.

Refer to Fact Pattern 7-1A. Minka's software is harmful to the computers on which she installed it. This program is

a. malware.

In Sales Distribution Corp. v. Consumer Products Co., the court decides that a precedent is incorrect or in¬ap¬plicable. The court

a. may rule contrary to the precedent.

Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by

a. no one.

Boyd files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court is

a. not required to hear the case.

Lewis is a state court judge. Like other judges, Lewis often refers to secondary sources of law for guidance. These sources include

a. official comments to statute.

The legislature of the state of Mississippi enacts a new statute that sets stan¬dards for the liability of businesses selling defective products. This statute applies

a. only in Mississippi.

Ralph, an investigator for the Securities and Exchange Commission, goes to the offices of Trust & Worthy Accountants to inspect Trust & Worthy's clients' business records. Government inspectors generally have a right to enter business premises

a. only with a warrant.

The state of New York regulates private activities to protect or promote the public or¬der, health, safety, and general welfare under its

a. police powers.

Myra claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

a. procedures used in making decisions to take life, liberty, or property.

Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be

a. rendered invalid under the supremacy clause.

From a location in Asia, Basil sends spam to U.S. e-mail addresses touting a variety of deceptive scams in an attempt to dupe unwitting recipients into revealing their bank account and credit card numbers. Under the U.S. Safe Web Act, the Federal Trade Commission can

a. share information with foreign agencies to investigate and prosecute.

Standard Business Company appeals a decision against it, in favor of Fast Delivery Corporation, from a lower court to a higher court. Standard is

a. the appellant.

Tyler, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

a. the case is being heard for the first time.

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

a. the facts and the law.

The Ohio state legislature passes a law to regulate local delivery serv¬ices. The final authority regarding the constitutionality of this law is

a. the judicial system.

Case 6.3, Fair Housing Council of San Fernando Valley v. Roommate.com, involved a company that offered a roommate-matching service. The issue in the case involved

a. the liability of an interactive computer service.

Sven receives an MP3 player stolen from Tomas. To be criminally liable, Sven must know

a. the player is stolen.

An Internet service provider is generally not liable for publishing a defamatory statement that comes from a third party.

a. true

An unauthorized scan of a bank account can be an invasion of privacy.

a. true

False imprisonment can be a tort if confinement or restraint is unjustified

a. true

Tortfeasor is the term for a person who commits a tort.

a. true

ttt. All of the following are essentials of an offer to contract except

all terms of the contract must be included in the offer.

Parker, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipment will match the samples. This statement is

an EXPRESS warranty.

Neil goes to Oil Shop to change the oil in his car. Pat, the service technician, learns that Neil plans to take a trip and advises the use of a certain type of oil. The oil breaks down during the trip, damaging the car. Neil may recover from Oil Shop for breach of

an IMPLIED warranty of FITNESS for a particular purpose.

Sigrud buys spiked mountain-climbing shoes from Rockridge Gear store, telling the clerk that she wants the shoes to climb Mount Sharptop. The spikes come out of the shoes when Sigrud is on the side of the mountain, causing her to be injured in a fall. Rockridge most likely breached

an IMPLIED warranty of FITNESS for a particular purpose.

travesty of justice

an act of the legal system that is an insult to the system of justice

Horizon Corporation makes cell phones. Ginvera files a product liability suit against Horizon, alleging a design defect. Under the Restatement (Third) of Torts: Products Liability, in deciding whether to hold Horizon liable, the court may consider the "reasonableness" of

an available alternative design.

sss. Alice says to Brian, "If I decide to buy a word processor next year, I will buy it from you." This is an example of:

an illusory promise.

ttttt. Bob picks up a bag of pretzels off the counter at the hot dog stand, opens it up and begins eating pretzels. He has made:

an implied contract to pay for the pretzels.

Elke is arrested on suspicion of the commission of a crime. A grand jury issues a formal charge against Elke. This is...

an information.

uuu. All of the following EXCEPT which one will terminate a contract offer?

an inquiry by the offeree as to size

lllll. At an auction sale, each bid is:

an offer.

z. A definite proposal requesting a forbearance and made by one person to another is

an offer.

m. A contract that binds the offeror to keep an offer open for a specified period of time is known as:

an option.

qq. A promise by the Rive Gauche restaurant to buy all the oil it wants this winter to heat its business from Ollie's Oil Corp. would be:

an unenforceable, illusory promise.

strict scrutiny

any government action that intentionally discriminates against racial or ethnic minorities or interferes with a fundamental right is presumed invalid, courts look at the policy with ________ ___________, the law will be upheld only if it is necessary to promote a compelling state interest

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to

B. The Minnesota Supreme Court