LSB 3213 Okstate final

Congress enacts a statute, the Federal Trade Commission (an administrative agency) issues rules, the Southeast Cable Broadcasters Association (a private organizations) issues instructions, Georgia Cable Company posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include​:

the rules issued by federal administrative agencies

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that​

​Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.

Fix-It-Quik, Inc., offers Gina a job as a plumber. No time for acceptance is specified in the offer. The offer will terminate

​after a reasonable period.

Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is

​effective.

Pastries, Inc., sends its catalog to Rollo and includes a "personalized" letter inviting the purchase of any item at the advertised price. This is

​not an offer.

Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is​

​not fraud.

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a

​trade name.

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion​

​under any circumstances.

Sharon appears in a case in state court, claiming that Terry breached a contract. Possible remedies include

An award of damages to Sharon

Jimmy and Katie enter into a contract for the sale of a tuba, but Katie later refuses to deliver the tuba. Jimmy asks a court to order Katie to perform as promised. Ordering a party to perform what was promised is

An equitable remedy

Lark promises to buy Mac's used textbook for $60. Lark is

A promisor

Blue Ribbon, Inc., is a corporation engaged in the business of compiling, analyzing, and sales of ribbons. To accomplish its purposes, Blue Ribbon obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as​:

All of the choices

In a lawsuit against Douglas, Peter obtains monetary damages. In the U.S. legal system, this remedy at law is​:

Common

The State of Montana has a statute that reads "No person may be awarded any state development contract without agreeing to employ only citizens of Montana." If the Montana statute's constitutionality is attacked as violating a constitutional provision would most likely be implicated?

Dormant Commerce Clause

The Commerce Clause of the United States Constitution gives the federal government the ________ power to regulate commerce with foreign nations.

Exclusive

Under the dormant commerce clause __________________.

Judges could strike down state laws that interfered with the free flow of interstate commerce, even if they did not conflict with an actual federal statute

The Oklahoma state legislature enacts a law that violates the U.S. Constitution. This law can be enforced by

No one

Rosa, a seventeen-year-old, signs a contract to sell her car to Street Fleet Cars. Later, Rosa decides not to sell the car. Rosa is liable to Street Fleet for

Nothing

The legislature of the state of Oklahoma enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in​:

Oklahoma only

The states did not delegate all power to regulate business to the federal government. They retained the power to regulate intrastate commerce and much interstate business activity that occurs within their borders. This is commonly referred to as states' ________ power.

Police

Green River Gas Company offers to sell Far East Energy, Ltd., a certain quantity of liquefied natural gas. If Far East sends an acceptance via Green River's authorized mode of communication, it will be effective when it is

Sent

Jeff is seventeen years old. Legally, Jeff is considered

a minor

Nevin negotiates a deal for the sale of twenty-five acres of farmland to Otis. Nevin promises to hold the offer open in return for a small payment but does not state an exact period of time. With respect to this offer

a reasonable period of time is implied.

Wilson buys a lottery ticket. Wilson has accepted an offer for

a unilateral contract

In Chuckie v. City Box Manufacturers, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Sammy v. Paper Boxes, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

allow the minor to cancel the contract

Under the commerce clause, Congress has the power to regulate

any commercial activity in the United States that substantially affects interstate commerce.

Louann pushes Molly, who falls and breaks her wrist. Louann is liable for the injury​

if Louann intended to push Molly.

Field Construction, Inc., contracts with Mesa Ranch to build a new horse barn on Mesa's property for which Mesa agrees to pay. The elements of this, and any other, contract include

legality

Business Properties, Inc. (BPI), offers to sell a cold storage warehouse to Corporate Investments. Corporate says that it will pay BPI $100 to hold the offer open for three business days. This

makes the offer irrevocable for three days if BPI accepts.

An ad on the NewsNow Web site asks viewers to "send us your story and we might share it with the world." Ollie submits a manuscript, adding, "I accept your offer." Between NewsNow and Ollie, there is

no contract.

Rhonda asks Steve, "Do you want to buy me to repair your fishing net?" This is

not a valid offer because the terms are not definite

Idina admires Jules's collection of guitars. July says, "I plan to sell the collection when I get tired of it." Jules's statement is

not an offer because July expressed only an intent to enter into a future contract.

The requirements of a contract do not include

practicality

Gina, a minor, enters into a contract to buy a tractor from Herb, an adult. The deal is set aside. Restoring Herb to the position he held before the contract is the duty of

restitution

What is a "remedy":

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

iMeeMine Inc. develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for

the name "Call Mee."

Lucy agrees to work for Mung Manufacturing, Ltd., as a Chinese/ English/ French translator. In determining whether an employment contract has been formed, which of the following would the court be least likely to consider?

the parties' intent to form a contract

Elena, a minor, obtains fruits and vegetables on credit from Fred at Growers' Market. Later, Elena disaffirms the purchase. She owes Fred

the reasonable value of the goods.

Kojo, a LifeCare Medical Supplies salesperson, follows Malin, a salesperson for National Medco Products, a LifeCare competitor, as Malin visits medical clinics, doctors' offices, hospitals, and other locations to make sales. Kojo solicits each of Malin's customers. Kojo is most likely liable for​

wrongful interference with a business relationship.

Chet, a minor, signs a contract with Denise, an adult. The contract is voidable at the option of

​Chet only.

Marlo publishes a book titled No Equals, which includes a chapter from Paige's copyrighted book Olympic Champions. Marlo's use of the chapter is actionable provided that

​Marlo's does not have Paige's permission.

​RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided

​RiteMade's design is patented.

Rico, a user of SmartPhoneApps.com's Web site, can download apps for free if he first clicks on "I accept" after viewing certain terms. This is

​a contract that includes the terms.

Mary Kate Inc. allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

​a license.

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

​a license.

Constellation Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is

​a service mark.

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a

​a service mark.

On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when Outdoor is more than half done with the work, Neil says that he has changed his mind. These parties had

​a unilateral contract as soon as Outdoor began to perform.

Jon wants to buy Kim's land, but she refuses to sell. Jon begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Kim to sell. This is​

​abuse of process.

Jon Joans decides to use his personal name for a line of clothing he is developing. Whether or not the name Jon Joans acquires a secondary meaning will depend on​

​all of the choices are correct.

Jess, a nurse practitioner, renders aid to Kurt, who is injured and unconscious. Jess can recover the cost of the aid from Kurt

​as if the parties had entered into an actual contract.

Manuel is walking past Tomas's house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Tomas's house, finds the child and brings it outside. If Tomas sues Manuel for trespass to land, Manuel's defense will probably be​

​assisting someone in danger.

Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of​

​battery.

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

​can register the mark for protection.

Power Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load, it strikes a storage tank owned by Quality Fuel, Inc. For the cost of repairing the damage to the tank, Quality Fuel is most likely to be awarded​

​compensatory damages.

In his recording "Nothing Nu 4U," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This is

​copyright infringement.

Mace copies Nick's book, Off the Road, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

​copyright infringement.

Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by

​copyright law.

The idea for "Price + Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

​copyright law.

Garrett makes and distributes copies of Here We Go Again, a movie copyrighted by Indie Motion Pictures, Inc. Garrett does this without Indie's permission. He may be liable for

​damages, fines, or imprisonment.

In a tweet to Clyde, a reporter for the site Blast, Ethan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is​

​defamation.

Laredo advertises a reward for the return of his lost dog. Miguel, who does not know of the reward, finds and returns the dog, without asking for reward. Miguel cannot recover the reward, because he

​did not know of the reward when he returned the dog.

Bobbie is a minor subject to her parents' care and control. She signs a contract to rent a lake cabin from Cleve for one year. Before the end of the term, Bobbie moves out. She can

​disaffirm the contract and avoid liability for the rent.

Rita, a minor, misrepresents her age as twenty-one and signs a contract with Sporty Motors to buy a sport utility vehicle (SUV. In most states, Rita may

​disaffirm the contract.

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​

​does not have Bella's permission to drive on the property.

Lou offers to service Millie's heating and air conditioning system for one year for $500. Under the mirror image rule, Millie's response will be considered an acceptance if the terms of the acceptance

​exactly mirror those of the offer.

Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of​

​fact.

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for​

​false imprisonment.

In 2017, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly's work is protected

​for the life of the author plus seventy years.

Louie invents "Market Up," new business inventory control software, and applies for a patent. If Louie is granted a patent, it will protect the product

​for twenty years.

Brad knows that the brakes on his truck do not work, but he tells Chris, a potential buyer, that there are no problems. On this assurance, Chris buys the truck. On learning the truth, she may sue Brad for​

​fraudulent misrepresentation.

After a dinner at Rosario's Italian Café, Susie believes that she was overcharged and shoves Theo, the waiter. Theo sues Susie, alleging that the shove was a battery. Susie is liable​

​if the shove was offensive.

Laurel enters into a contract to sell her bike to Melanie. Melanie takes possession of the bike as a minor and continues to use it well after reaching the age of majority. She has

​impliedly ratified the contract.

Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration

​is renewable every ten years.

Galileo buys a copy of the book Hip Hop. Later, after reading the book, Galileo sells the book to his sister Inez. This sale of the book is

​legal.

Gary accuses Helen, a broker with Investment Services, of fraudulently inducing him to invest in Junkbonds Inc., after the company's stock price declines in value. The reliance that gives rise to liability for fraud requires​

​misrepresentation of a fact knowing that it is false.

Geri is a minor. Without her parents' knowledge, she signs a contract to buy an airline ticket to Hawaii for spring break. Geri's parents are liable for

​no part of the price of the ticket.

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

​none of the choices.

​David trespasses on Expo Corporation's property. Through the use of reasonable force, Expo's security guard detains David until the police arrive. Expo is liable for

​none of the choices.

Emma, a minor, buys a water bottle, a set of weights, and a treadmill from Fitness Warehouse. Later, Emma disaffirms the deal. If the goods are still in her possession or control, she can keep

​none of the goods.

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

​only invites Kris to negotiate.

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely

​patent infringement.

Gro, Inc., makes genetically modified seeds with properties that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

​patent infringement.

​Sui Generis, Inc. (SGI), designs and sells solar energy cells to research laboratories, commercial businesses, and individual consumers. Later, without SGI's permission, Mimic Company begins to sell cells of identical design to the same markets. This is most likely​

​patent infringement.

Lauren files a suit against Moving Service for breach of contract, based on what Lauren claims was Moving's offer. For a court to determine if a contract has been breached, under the common law, the offer must include terms that are

​reasonably definite.

Trade Publishing Inc. owns the rights to the Aura series of paranormal-themed novels, and publishes and sells copies in bookstores and online. Sydney buys and reads a copy of each book in the series. With regard to these copies, Sydney can

​sell them to someone else.

Shelby offers to make digital copies of Relay Company's business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule, Relay's acceptance by e-mail will be considered effective when

​sent.

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed​

​slander of title.

Wally offers to repair and service a forklift for Valu Lumber Outlet, but Wally dies before Valu accepts. Most likely, Wally's death

​terminates the offer.

Moe applies nano technology to invent a device that reduces the half-life of spent plutonium rods used in nuclear-fuel reactors. He names the device "Halftime." He also writes Nano Nukes, a book about this invention and other uses for nano technology. Moe can obtain copyright protection for​

​the book Nano Nukes.

Resurgent Corporation designs a new mobile device that the firm names "SyFye." The company can obtain patent protection for

​the device.

Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if

​the information is unique and has value to a competitor.

Moe asserts that a deal he entered into with Nina to sponsor and host a motivational conference for independent sales representatives is an unenforceable contract. Defenses to the enforcement of a contract include

​the lack of a party's voluntary consent.

The state of Massachusetts regulates employment, traffic, land use, and other private activities to protect or promote the public order, health, safety, and general welfare under​ ________.

​the state's police powers.

Bess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ciera of being a convicted thief. The statement is defamatory if​

​the statement is false.

The process behind the production of "Account Inc.," a suite of business accounting and inventory software, is protected by

​trade secrets law.

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely​

​trademark infringement.

From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to​

​traffic in counterfeit packaging.

Smith & Jones, Accountants, agrees to perform an audit for Brick & Mortar Stores, Inc. Whether or not this agreement meets all of the requirements of a contract, the parties are likely to follow the rules of contract law because they

​want to avoid potential disputes.

Fresh Service, Inc., offers to deliver produce to Growers' Market's customers for a certain price. Fresh's intent to extend a serious offer to Growers' Market is determined by reference to Fresh's

​words and conduct.

Luther enters into a contract with Sleepytime Speakers Forum to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Luther asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves

Specific Performance

Ray promises to give Steve his iPod in exchange for Steve's promise to pay Ray $50. Later, they exchange the device for the funds. A contract was created when

Steve promised to pay Ray for the iPod

Internet Business, Inc. is engaged in the business of coding, with an emphasis on Internet marketing, business apps, and intra-corporate networks. In all of Internet Business, Inc's business activities, it is subject to United States laws and regulations. The basis for all law in the U.S. is

The U.S. Constitution

A provision in the Oklahoma state constitution conflicts with a provision in the U.S. Constitution. If challenged

The U.S. Constitution, not the state provision will be enforced

Jana tells Levi she will give him an Xbox if Levi promises to do Jana's chores for a month. Levi promises to do the chores but has not yet begun to do them. Jana and Levi have formed

a bilateral contract.

Jim tells Dana that he will take her out to lunch on Thursday. Jim has made Dana​

a promise

Foster promises to buy Gideon's trumpet for $75. Gideon is

a promisee

Ren offers to pay Sara to pick up and deliver certain business documents within thirty minutes. Sara can accept the offer only by completing the task within the deadline. If she does, Ren and Sara will have

a unilateral contract

Maya tries to start her new car with no success. She yells that she will sell the car to anyone for $10. Nero, a passerby who owns Nero's Motors, hands Maya $10. This is

a valid acceptance because Maya is seriously frustrated.

Sales Corporation and Real Properties, Inc., agree to the payment of a commission for the sale of certain property. If this deal has all of the elements necessary for one of the parties to enforce it in court, it is

a valid contract

Marketing Inc. offers to create a campaign to increase N'Ice Creamery, Inc.'s online business. N'Ice agrees to pay for the service. These parties have

an express contract

A valid contract requires

an offer and an acceptance

Carl is a judge hearing the case of DBC Distributing. v. InterNational Shipping Corp. Applying the relevant rule of law to the facts of the case requires Carl to find previously decided cases that, in relation to the case under consideration, are

as similar as possible

On May 1 Ralph offers to cure and smoke Sam's pork. On May 3 Ralph mails Sam a letter revoking the offer. Sam receives the letter on May 5 and responds on May 6. Ralph's revocation of the offer

became effective on May 5.

Simone offers Thom a dozen piano lessons for a certain price per lesson but conditions the deal on Thom accepting the offer by April 1. Simone may revoke the offer

before Thom accepts the offer.

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable for trademark infringement provided:

consumers are confused.

Petrov and David enter into a contract via e-mail. When a dispute arises over the performance of the deal, Petrov files a suit against David. The emerging body of law that governs transactions conducted via the Internet is referred to by the term​:

cyber law

Where do common law rules come from:

decisions of the courts in legal disputes

Floyd signs a contract to buy a drum kit just before reaching the age of majority. After reaching the age of majority, Floyd does not take possession or make payments. With respect to the contract, most courts would hold that this is

disaffirmance

Francisca and Garden Estate, Inc., enter into a contract for the use of a Victorian mansion and its grounds for a wedding and reception. If ambiguities appear in the contract, they will be construed against the party who

drafted the contract

At age seventeen, Eve enters into a contract with Fit Health Club. Two years later, when Eve attempts to disaffirm the contract, Fit files a suit against her. The court will most likely consider the contract ratified if it is

executed