Business Law - Practice SET - part 2

Which of the following statues requires that commercial email not have deceptive headings and clearly indicate if the email is an advertisement? a. the FCC's Open Internet Order b. CDA of 1996 c. Section 5 the FTC Act. d. CAN-SPAM

CAN-SPAM

Unsolicited commercial email (UCE) or unsolicited bulk email (UBE) messages a. Are commonly known as "cookies" b. Constitute about 90% of all email c. Are estimed to be fraudulenbt either in content or packaging in apporximately one-fourth of all cases. d. Although annoying, d lower the cost of connecting to the internet

Constitute about 90% of all email

In an advertisement, FreshAir, Inc. stated that its air freshener lasted for 3 hours while the competitor, Smell Sweet, lasted for only 36 minutes. In fact, Smell Sweet freshens the air for more than 2 hours. FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.

False

In reaching their verdicts, appellate courts conduct trials and rehear all evidence.

False

Miranda v. Arizona considered the intent requirement in an armed robbery case.

False

On Monday, Harry puts an offer in the mail to Sally to sell his guitar for $50. Monday night when jamming with his buddies, he decides he will really miss his old guitar and has second thoughts about selling it. Tuesday morning he puts a revocation in the mail informing Sally he has changed his mind and the guitar is no longer for sale. The revocation is effective on Tuesday morning.

False

Rachel works for the Internal Revenue Service, and keeps some personal information on her computer at work. There has been suspicion that Rachel has not been keeping tax return information confidential. The Fourth Amendment to the Constitution, prohibiting unreasonable searches and seizures, protects Rachel from having the government review the personal information she has on her computer.

False

Small claims courts have jurisdiction over settling the estates of deceased persons.

False

The First Amendment guarantee of freedom of speech is an absolute right.

False

The UCC requires consideration for agreements modifying contracts for the sale of goods.

False

The doctrine of contributory negligence is followed in most states

False

Valerie promises Teresa that she will pay Teresa $75 if Teresa will clean Valerie's house by noon on Saturday. If Teresa cleans the house by noon on Saturday and Valerie pays the $75, then this is an implied, bilateral, executory contract.

False

There are four elements to a defamation case, and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

Fasle

According to the UCC, one or more open terms will not cause a sales contract to fail for indefiniteness as long as the parties intended to make a contract and there is a reasonably certain basis for the court to grant an appropriate remedy.

True

Although RICO was passed to prevent gangsters from taking money they earned illegally and investing it in legitimate businesses, it is now often used against businesspeople who break the law.

True

Candy, Inc. signed an agreement with Sweet Plantation. Under the contract, Candy, Inc. agreed to purchase all the sugar cane Sweet Plantation grew during the coming season for $0.16 per pound. This contract will be unenforceable due to its vagueness.

True

Criminal defendants have the right to a lawyer at all the important stages of the criminal process.

True

If the offer does not specify a type of acceptance, the offeree may accept in any reasonable manner and method.

True

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.

True

Jorgeson Co., on its website, promised the company would not give a customer's personal information to third parties without the customer's consent, but then gave out such information anyway. This practice violates Section 5 of the FTC Act.

True

Nunnsky's Retail sent out newspaper inserts advertising wool suits for $50. In fact, the store had only two, out-of-style suits for sale at this price. Their other wool suits started at $175. This constitutes bad faith in its advertising, so consumers may have protection through state consumer protection statutes.

True

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant

True

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

True

Under a contract, Danielle is required to make a set of draperies out of fabric chosen by the homeowners, the Flynns. After Danielle makes the draperies according to the contract requirements, her duties under the contract are discharged.

True

Under the ECPA, any intended recipient has the right to disclose the content of an email.

True

When measured in dollars, street crime costs society more than twice as much as white-collar crime.

false

An express contract a. must be in writing. b. may be inferred by the conduct of the parties involved. c. has both parties setting forth their intentions. d. is not valid in many states.

has both parties setting forth their intentions.

Connor sells a baseball on eBay that he claims is signed by Babe Ruth. In fact, Connor has forged the signature on the baseball. Connor is guilty of a. internet fraud b. indentiy theft c. mail fround d. embezlement

internet fraud

The case of chaney v fayette county public school held that: a. When someone shares a photo with friends online, he or she cannot justifiably expect that the photo will be kept private b. The 4th amendment governs the private sector as well as action taken by the government. c. Wiretap laws protect all speakers not just those with a reasonable expectation of privacy d. So-called Revenge pron poste on social media is protected speech by the 4th.

when someone shares a photo with friends online, he or she cannot justifiably expect that the photo will be kept private

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products but knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. If Trein sues E-presto for tortious interference with a contract, E-presto: a. will be able to establish a jusitification since E-presto was action to protect an existing economic interest b. will be able to establish a jusitification because. in talking to Mia e-presto was exercising its First Amendment freedom of speech. c. will be able to establish a jusitification because to decide otherwise would subject mia to involuntary servitude d. will not be able to establish a justification.

will not be able to establish a justification.

A crime is a violation of statutory law.

true

Which of the following represents a unilateral offer? a. "I will pay you $50 if you mow my lawn." b. "I will pay you $50 if you promise to trim that tree." c. "I will pay you $50 for your CD player." d. "I will pay you $50 for your backpack."

"I will pay you $50 if you mow my lawn."

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette a. $20,000 b. $80,000 c. $100,000 d. Nothing.

$80,000

Acme Co. offers to buy 1000 widgets from Widget World Co. The written offer provides for 1000 at $10 per widget, to be delivered May 1. The offer has no other provisions. Widget World sends a written acceptance. However, the acceptance also states that if any claim arises under this contract, Widget World must be notified within 10 days. Acme does not object to this provision. Both parties are merchants. Which of the following best describes this situation? a.No contract exists. The purported acceptance contains additional terms, so it is a counteroffer, which has not been accepted. b.No contract exists if the additional terms are construed to be material terms. c.A contract exists. The additional terms are not material, they are part of the contract. d.A contract exists, but the additional terms are not part of the contract no matter what.

A contract exists. The additional terms are not material, they are part of the contract.

Which of the following are generally considered to be legal offers? a. Placing an item up for auction. b. Catalog advertisements. c. Price lists. d. A note scribbled on a restaurant napkin that includes the details of the offer.

A note scribbled on a restaurant napkin that includes the details of the offer.

Which of the following acts resulting in injury would be negligence per se? a. Joe sold fireworks from his Indiana store (a legal activity) to Steve, an Illinois resident (a state that has made owning fireworks illegal). b. June,while driving the speed limit, sideswiped the car next to her. c. A retailer sold glue containing benzene to a 14-year-old boy in violation of state law. d. Tammy accidentally dropped a heavy carton on Sasha's foot while at work.

A retailer sold glue containing benzene to a 14-year-old boy in violation of state law.

What is the best definition of the mailbox rule? A Acceptance of an offer must be on precisely the same terms as the offer. B Users must agree to certain terms and conditions prior to using the product or service. C Acceptance of an offer is generally effective upon dispatch terminations are effective when received. D Courts follow certain practices when parties to an agreement fail to make provisions for a particular matter.

Acceptance of an offer is generally effective upon dispatch; terminations are effective when received.

Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct? a. Ann defamed Brian b. Ann committed the tort of trespass. c. Ann committed the tort of interference with a prospective advantage. d. Ann committed the tort of battery.

Ann committed the tort of battery.

Which element of a civil case comes first? A. answer B. service C. complaint D. discovery

Answer: complaint

Jamie is building a house on her lot. She invites Earnie of Earnie's Excavation to bid on the excavation job. Earnie observes that the lot next to Jamie's is also under excavation and the soil in that lot is normal and not excessively rocky. Based on the assumption that the soil in Jamie's lot will be similar, he and Jamie agree that the excavation will cost $3,000. When Earnie starts digging, he learns there is solid rock under Jamie's lot. Earnie says it will cost an extra $2,500 for the excavation work. Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000. If Earnie sues, the most likely result would be a. Jamie wins as Earnie was under a preexisting duty to dig the basement b. Earnie wins as this modification is govergned by the UCC and consideration is not requires to enfore a modification of the agreement. c. Jamies wins as Earnie was not acting in good faith and just wanted to

Earnie wins, as the modification was due to unforeseen difficulties

A completed act can be the basis for consideration.

False

After Jan's boyfriend broke up with her, she posted sexually explicit pictures of him on her Facebook page and wrote about how he was a terrible boyfriend, calling him a liar and a cheater. Jan's actions are protected by the First Amendment to the Constitution.

False

All oral contracts are quasi-contracts until they are completely executed.

False

An illusory promise is valid consideration.

False

Billy owes a liquidated debt of $3000 to Rayna, his personal weight trainer. Billy sends Rayna a check for $300 on which he has marked, "Payment in Full." If Rayna cashes the check she will not be able to successfully sue Billy for the remainder of the debt.

False

Denton agreed to build a cedar deck for the Thrashers for $7,000. After he began the work, the Thrashers asked him to add cedar flower boxes at one side. Denton replied he would, but it would cost an additional $600. The Thrashers would not be obligated to pay the additional sum because the original agreement already obligated Denton to complete the deck for $7,000.

False

Which of the following is NOT true under the Electronic Communications Privacy Act? a. An intended recipient of an e-mail has the right to disclose it to third persons. b. ISPs are prohibited from disclosing the content of electronic messages to anyone other than the addressee, even if the disclosure is necessary for the performance of the ISP's service. c. An employer has the right to monitor workers' e-mail if the monitoring occurs in the ordinary course of business. d. An employer has the right to monitor workers' e-mail if the employer provides the computer system.

ISPs are prohibited from disclosing the content of electronic messages to anyone other than the addressee, even if the disclosure is necessary for the performance of the ISP's service.

a. If Wilde's agrees to accept less than the full amount as full payment, the agreement is not binding b. The undisputed amount is also known as an unliquidated amount. c. If the parties agree to settle for less than the full amount, their agreement is governed by the ruling in Henches v. Taylor. d. f Wilde's agrees to accept less than the full amount as full payment, the agreement is only binding if it is in writing and signed by Berniew

If Wilde's agrees to accept less than the full amount as full payment, the agreement is not binding

Collector Carl displays his beer can collection at the local swap meet. Mary sees the collection and is interested in buying it. Carl says he will sell the collection for $1,500. Mary says she really likes the collection but is only willing to pay $1,000. Which of the following is correct? a. Mary's counteroffer terminates Carl's offer of $1,500. b. If Carl rejects Mary's counteroffer, she can still accept Carl's offer of $1,500. c. Neither offer is valid. Who would ever pay $1,000 or $1,500 for a beer can collection? d. Mary's offer is an option contract and she cannot revoke the offer.

Mary's counteroffer terminates Carl's offer of $1,500.

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face. She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred? a. No, because no one else received the defamatory message besides Marco. b. No, because Soledad did not put her accusation in writing c. Yes, because soledad's accusation was false. d. Yes, because marco's feelings were hurt.

No, because no one else received the defamatory message besides Marco.

Which of the following is an example of an implied contract? a. Alberto visits his physician to be treated for a sinus infection. They do not discuss payment, but the following week Alberto receives a bill from his physician for services rendered. b. Midori offers to sell a necklace to Patricia for $50

Patricia agrees to pay $50 for the necklace. c. Amy tells her neighbor Tom, "If you rake up my leaves, I'll make you a batch of brownies." Tom accepts the offer. d. Miguel wants to purchase his first home. When he found the perfect place, he signed a contract for purchase and closed on the home within a month.;Alberto visits his physician to be treated for a sinus infection. They do not discuss payment, but the following week Alberto receives a bill from his physician for services rendered.

Which of the following is NOT a core principle of the Fair Information Practices (FIPS)? a. Notice/Awareness b. Choice/Consent c. Privacy/Refusal d. Access/Participation

Privacy/Refusal

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff? a. Res judicata b. Mens rea c. Res ipsa loquitur d. Stare decisis

Res ipsa loquitry

Musical Productions has a privacy policy posted on its website but it does not follow the provisions contained within it. Musical Productions is in violation of a. the CAN-SPAM Act. b. the Communication Decency Act. c. Section 5 of the FTC Act. d. the Electronic Communications Privacy Act.

Section 5 of the FTC Act.

a branch of tort law that imposes a much higher level of liability when harm results, generally from either an ultra-hazardous activity or from defective products. a. Strict Liability b. res ipsa loquitur c. heightended liability d. strict negligence

Strict Liability

Upon graduating from college, Kathy announced her plans to enter law school the following fall and to marry Rick in December. Kathy's father was afraid that marriage during her first year in law school might cause her to fall behind in her studies or cause her to drop out of school. He called Kathy and promised her $10,000 if she postponed her wedding until after completion of her first year of law school. Kathy agreed and postponed the wedding for a year. Kathy successfully completed her first year of law school, but soon thereafter, Kathy's father died. The administrator of her father's estate claimed she was not entitled to the $10,000 because there was no consideration for her father's promise. If Kathy sues the estate, she will probably be a. Unsuccessful because her father's death terminated the contract b. Successful because there was consideration c. Unsuccessful because her father received no benefit d. Unsu

Successful because there was consideration

As it applies to landowners, which of the following statements regarding liability to a licensee is correct? a. Whether the landowner is reponsible for injury depends on whther the licensee is an adult or a child. b. The landowner is liable to a licensee for injuries caused by hidden dangers only. c. Since the licensee is a trespasser on the landowner's property, the landowner is not responsible for injury d. Since the licensee has permission to be on the landowner's property, the landowner is responsible for all injury whther hidden or obvious

The landowner is liable to a licensee for injuries caused by hidden dangers only.

Oxtron, Inc. sent the following price list to its customers. Dispensers SBC-500J $670.00 True TDD-1 $875.00 True TDD-2 $1,465.00 True TDD-3 $1,515.00 CO2 Tank and Regulator $150.00 Which statement is correct? a. These price quotes would generally be considered offers. b. These price quotes would generally not be considered offers. c. These price quotes would generally be considered output contracts. d. These price quotes would generally be considered requirements contracts.

These price quotes would generally not be considered offers.

A defendant engaging in an ultrahazardous activity is almost always liable for any harm that results.

True

Jennifer has offered to sell her laptop computer for $750 to Jack. She tells Jack that the computer is only six months old but, in fact, it is three years old, and Jennifer wants to unload the lemon. Jack agrees to buy the computer based on Jennifer's representations. This contract is a. a void agreement because of the fraud involved. b. a voidable contract, one that Jack can void. c. a voidable contract, because it is unilateral. d. a void contract because of the UCC.

a voidable contract, one that Jack can void.

The basic distinction between an executory contract and an executed contract is that a. one is enforceable, the other is not b. only one promise is involved in an executory contract c. one is legal, the other is not d. all parties have fulfilled their obligations in an executed contract

all parties have fulfilled their obligations in an executed contract

If Crosby and Dash are in disagreement as to the exact amount of money that Crosby owes Dash, then they may choose to form a new agreement at a set amount. If they both perform the new agreement, their conduct would be an example of: a. a rescission b. a contract modification. c. a preexisting duty. d. an accord and satisfaction.

an accord and satisfaction.

Sid burned his own warehouse in an attempt to collect on a fire insurance policy. Sid had committed. a. arson since he maliciously used fire to damage or destroy personal property b. larceny since he committed an act inteended to wrongully obtain money from his insurance ocmpany c. a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person d. an international tor, but not a crime since a person has a right to destry his own property

arson since he maliciously used fire to damage or destroy personal property

The courts will find an implied contract when a. conduct of the parties indicates they intended an agreement. b. there is promissory estoppel. c. justice demands it. d. there is undue influence.

conduct of the parties indicates they intended an agreement.

To establish res ipsa loquitur in most states, the plaintiff must demonstrate all but which of the following? A direct evidence of the defendant's lack of due care B the harm ordinarily would not occur in the absence of negligence C the plaintiff had no role in causing the harm D the defendant had exclusive control of the thing that caused the harm

direct evidence of the defendant's lack of due care

The police have a right to search any area in which the defendant does not have a reasonable expectation of privacy. Which of the following, however, requires the police to obtain a search warrant? a. looking at photos on a digital camera that was found while searching an arrested suspect b. listening in on a telephone conversation or searching the digital contents of a cellphone c. finding out what websites you have visited on your computer d. using a cotton swab to take a DNA sample of a person under arrest

listening in on a telephone conversation or searching the digital contents of a cellphone

Noncompetition agreements are a. more common today than they were in the past, although policy issues they raised in the 1700s have never gone away. b. now illegal, as they violate antitrust laws. c. infrequently litigated. d. relatively recent developments, first used following the Great Depression in the United States.

more common today than they were in the past, although policy issues they raised in the 1700s have never gone away.

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to a. search and seizure b. self incriination c. double jeopardy d having a jury trial

self incrimination.

A misdemeanor is distinguished from a felony based on a. the rules of evidence b.the length and place of possible imprisonment c. the burden of proof d the type of intent

the length and place of possible imprisonment

A liquidated debt is one in which: a, The debtor is unable to pay. b. there is no dispute about the amount owed. c. The parties dispute whther any money is owed d. There is disagreement about the amount owed

there is no dispute about the amount owed.

Which of the following is the general goal of compensatory damages? a. to restore the plaintiff to the position he or she was in before the injury b. to punish the defendant for extreme and outrageous conduct c. to make the defendant suffer as much as the plaintiff suffered d. to find a way to help the defendant avoid jail time for his or her crime

to restore the plaintiff to the position he or she was in before the injury