practice q's

Baez is employed by Credit Agency Inc. On the termination of Baez's position, Credit Agency pays Baez $10,000 to agree not to disclose the employer's confidential information. Later, Baez sells the information to Debt Records LLC for $100,000. In a suit for breach, Credit Agency is most likely to recover

$10,000 from Baez

To test computer security and conduct encryption research, Solutions Inc. circumvents the encryption software and other anti piracy protection of Tech Corporation's software. Under theDigital Millennium Copyright Act, this is

a "fair use" exception to the provisions of the act

Burger Corporation allows its trademark to be used as part of a domain name for Burger NY Inc.,an unaffiliated company. Burger NY does not obtain ownership rights in the mark. This is

a license

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is

a patent

Vin admires Will's collection of vinyl records. Vin asks, "Will you sell it?" This statement is

a request, not an offer

The Bill of Rights embodies

a series of protections for the individual against the government action

Gilbert wants to initiate a suit against Health ways Insurance Company by filing a complaint. The complaint should include

a statement alleging the facts showing the court has jurisdiction

Data Inc. offers to provide certain services to Enterprise LLC, but mistakenly transposes some ofthe digits in the price so that $15,400 appears in the offer as $14,500. Enterprise accepts thewritten offer. Enterprise's best argument in favor of enforcement of the contract is that

a unilateral mistake does not afford relief from a contract

Sara files a suit in a state court against Tech Innovations Inc. The parties are allowed to file litigation-related documents with the court online. This is

an electronic court filing system

Luke puts his motorcycle up for sale via a post on an online auction site. This is

an invitation to negotiate, not an offer

Owen decides to sell his ranch, Pine Ridge, in a live auction. When the auctioneer puts the property up for bids, it will be

an invitation to submit offers, not an offer itself

Works that are copyrightable include

books, music videos, product packaging

If a contract between two parties is avoided

both parties are released from it

Life Products Inc. enters into a contract to sell medical supplies to Med Clinic, which later sells some of the items to Nina, a patient and consumer. Article 2 of the UCC applies to

both transactions

Bottling Company enters into a contract with Chug's Brewery to provide certain bottling and delivery services. Before Bottling starts to work, the market price rises for the fuel for glass ovens. Bottling tells Chug's that due to the added cost it will not perform their deal. Bottling's contractual obligation to Chug's is

breached

Beryl enters into a contract with Clay for a guided tour of Deep Canyon. Clay represents that he is an experienced, knowledgeable guide, when in reality he has never been in the canyon. Most likely, Beryl

can rescind the deal based on fraudulent misrepresentation

Information that may be protected as trade secrets includes

customer lists, pricing information, marketing techniques

Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, FederalCircuits Inc., gives Electrical Works a review of Dylan that includes negative statements FederalCircuits knows are untrue. This is

defamation

Flash Inc., a maker of athletic shoes, registers and uses "flash" as its domain name. Later, GotShoes Company begins to use "flast" (an intentional misspelling of "flash") as its domain name.Got Shoes is most likely

diminishing the quality of flash's mark

If a voluntary petition in bankruptcy is found to be proper, the court's entry of an order for relief

discharges the debtor's obligations

Inez hires Josh to paint her portrait to her satisfaction for $4,000. When Josh finishes the portrait,Inez announces that she is not satisfied with it. Inez

does not have to pay Josh

Shippers Warehouse initiates a suit against Trans-State Trucking (TST) by filing a complaint. IfTST files a motion to dismiss, the firm is asserting that

even if the facts in the complaint are true, TST is not legally liable

Kari and Lillian, who are citizens of California, are involved in a case related to the adoption oftheir child. Over this case, California state courts have

exclusive jurisdiction

Lon is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

forgery

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

in none of these circumstances

Don interferes with the business interests of Aida in a way not permitted by law, and Aida's business is harmed as a result. To be liable to Aida for the commission of an intentional tort, Don must have

intended to commit the act

DIY, a retail hardware store in California, must use reasonable care on its premises to warn its customers of

known dangers

Petro Fuel files a suit in a state court against Quality Gas. Before the trial, Petro requests fromQuality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal

metadata

Lyn is injured when a part of a building ledge breaks free and strikes her. If Lyn brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for

monetary losses, such as medical expenses

Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise "due care" to make the crib safe, and Cara's child Dua is injured as a result. Baby Things is most likely liable for

negligence

Rona asks Steve, "Do you want to pay me to provide your business with a marketing campaign?"This is

not an offer because the terms are not definite

Nick, the chief executive officer of On/Off Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

only the power of the federal government

Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as

other engineers

Errol works for Food Packing Company. Errol's supervisor Gwen writes a negative review ofErrol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense

privilege

At Mattress Store, Nate signs a contract to buy bedroom furniture. The contract sets a schedule of$500 monthly payments, subject to a late fee of 150 percent. Nate finds the language of the contract difficult to understand. This is most likely

procedurally unconscionable

Marie claims that a California state statute infringes on her "procedural due process" rights. This claim focuses on

procedures used in making decisions to take life, liberty, or poverty

Reese contracts to sell her Spicy Pizza restaurant to Titian. As part of the deal, Reese agrees not to open a competing business within a hundred-mile radius for ten years. Reese later sues Titian, alleging that the agreement is illegal. To enforce the covenant not to compete, the court will most likely

reform the contract to make the distance and time limits reasonable

Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with

robbery

Kent tries to start his car with no success. He yells that he will sell the car to anyone for $10.Livy, a passerby, hears Kent's yell. This is not an effective offer because it lacks

serious intent

Quarry Mining Inc. and Riverside Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present. If this substantially prejudices Riverside's rights, a court will most likely

set aside any award

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

the courts

Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except

the growth of the equipment's sales

Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to

the parts of the app that can be read by computers

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

the plaintiff

The term checks and balances refers to the system under which

the powers of government are divided among its branches, each of which exercises a check on the actions of the others.

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, theFDA is subject to the authority of

the president

A federal form of government is one in which the national government shares sovereign power with

the states

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

the wrongfulness of her conduct

Without authorization, Ben uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo's products but diminishes the quality of the coffee company's mark. This is

trademark dilution

Under a contract with Valley View Villas, a residential development, Weng begins grading a terraced hillside. Halfway through the project, Weng asks for $5,000 over the contract price, claiming an increase in the "cost of doing business." Valley View agrees. This agreement to pay more is

unenforceable because Weng's performance was a preexisting duty under the contract, unenforceable because Weng's request modified the contract