Business Law Midterm answers
Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in
a small claims court.
The Uniform Commercial Code has been adopted, at least in part, in
all states.
Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to
appreciate the wrongfulness of his conduct or obey the law.
Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics' competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is
commercial bribery.
Dona downloads music into her computer's random access memory, or RAM, without authorization. This is
copyright infringement.
As a judge, Bonnie applies common law rules. These rules develop from
court decisions.
Jacqi tells Kenneth, who does not know how to perform comedy, that she will tutor him in the subject for $500. As an offer, this is
effective.
Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. Over this case, the Vermont state courts have
exclusive jurisdiction.
Ivan signs Jeb's name, without his authorization, to the back of a check. This is
forgery.
Quality Sales Corporation enters into contracts over the Internet. Quality can protect itself against disputes involving these contracts by making im-portant terms
reasonably clear.
The Tenth Amendment to the U.S. Constitution
reserves to the states all powers not granted to the federal government.
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.
Much of American law is based on
the English legal system.
A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged
the U.S. Constitution, not the state provision, will be enforced.
Ryan, the owner of SuperMart Stores, Inc., adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision affects
the rights of others.
Ric designs a new tablet computer that he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric can obtain patent protection for
the tablet computer.
Trademarks are protected from use on noncompeting goods by
theFederal Trademark Dilution Act.
To test computer security and conduct encryption research, Tech SolutionsInc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation's software. Under the Digital Millennium Copyright Act, this is
a "fair use" exception to the provisions of the act.
Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called
a long arm statute.
Jack promises to buy Lizette's used textbook for $60. Jack is
a promisor.
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.
Justin's posts on Facebook provide information that establishes his intent and what he knew at a particular time, indicating potential liability. For this and other reasons, social media posts are often
all of the choices.
Sly includes in his song "Sneaky" a few seconds of Wily's copyrighted sound recording "Wits" without permission. Some federal courts have found that such digital sampling is
all of the choices.
Bay City Construction, Inc., a contractor, asks Cool Electric, a subcontractor, to provide certain services. Nothing is said about payment. Cool provides the services, but Bay City refuses to pay. In Cool's suit to recover, the chief issue is most likely to be whether these parties had
an implied contract.
On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if various tasks are completed by Friday. On Wednesday, when Outdoor has finished more than half of the work, Neil says that he has changed his mind. These parties had
aunilateral contract as soon as Outdoor began to perform.
After an accident with a driver for Onyx Security Company, Paul signs a covenant not to sue Onyx for damages in a tort action if it pays for the damage to his car. This covenant
bars recovery only if Onyx pays.
Richard is an adult. He enters into a contract to sell sixteen-year-old Jane his car for $3,000. The next day Richard recieves an offer of $4,000 for his car from twenty-year-old Bill. Richard
cannot disaffirm his contract with Jane because he is an adult.
Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and
cannot refuse to testify on Fifth Amendment grounds.
In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Trend Flash, Ltd. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that
consumers are confused.
Lizzie, a clerk at a Movies Unlimited store, takes a DVD player from the store without permission. Lizzie is liable for
conversion.
Scot and Tiffany enter into an implied contract. The parties' conduct
defines the contract's terms.
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.
Demi promises to buy a house from Caleb, who promises to vacate the prop-erty on June 1. If these promises are in writing, they are most likely
enforceable.
Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Jack, who is a resident of North Carolina, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Jack wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that
federal and state courts have concurrent jurisdiction.
With respect to the potential for American Discount Stores, Inc., and any other major corporation to suffer damage to its reputation or loss of profits through negative publicity, the Internet has
increased the potential.
Scott, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is
larceny.
Rollo promises to perform, for a price, shoe repair services in affiliation with Togs 'n Things, a clothing store. To support a contract, the consid-eration ex-changed by the parties must be
legally sufficient.
Roger wants Andy to work late on a project. He tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for
no tort.
May tries to start her new car with no success. She yells that she will sell the car to anyone for $10. Nick, a passerby who owns Nick's Pre-owned Autos, hands May $10. This is
not a valid acceptance because May does not seriously intend to sell.
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
not fraud
Beth goes to Dr. Carlton for surgery. Carlton says that Beth should be fully healed within a week. Beth is not healed within a week. With respect to breach of contract, Carlton is
not liable, because the statement was an opinion.
Sparky offers Teodora $1,000 for her collection of rare coins. She ac-cepts. If a dispute arises, a court would likely
not question the adequacy of the consideration.
Franzea is injured in an accident caused by Gentry. Gentry agrees to pay Franzea $2,500 if she agrees to release him from further liability. She agrees. If Franzea's damages ultimately exceed $2,500, she can collect
nothing more from Gentry.
Any decision by the management of Fast-Food Franchise Corporation may significantly affect its
operators, owners, suppliers, the community, or society as a whole.
According to the view that New Allied Manufacturing Corporation is a "citizen," New Allied is expected to
participate in bettering communities and society.
Sights Unseen, Inc., (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI's permission, Telescopes Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely
patent infringement.
The Class Action Fairness Act of 2005
shifted jurisdiction over certain class-action lawsuits from the state courts to the federal courts.
Justin wants to file a suit against Kemel. For a court to hear the case
the court must have jurisdiction.
Hailey, a lawyer on the staff of International Group, always considers the consequences of an action rather than the nature of the action itself when making ethical decisions in a business context. Hailey is applying
the utilitarian theory of ethics in business contexts.
Without authorization, Brady uses the trademark of Ciera Coffee Company to promote cheap, flavorless candy, which is not similar to Ciera's products but diminishes the quality of the coffee company's mark. This is
trademark dilution.
