fin 240 mindtap: check your understanding (sdsu)

what remedies are available after an anticipatory repudiation? (choose 3)

-requiring assistance -cover -suspending performance

the can-spam act regulates unsolicited commercial emails: (select two)

-requiring opt out systems -prohibits deceptive email headings

what are the three levels of scrutiny used by courts to determine the constitutionality of a government action? (choose 3)

-strict scrutiny -intermediate scrutiny -rational basis review

what rights does a third-party beneficiary to a contract hold in regard to that contract?

if the third party is an intended beneficiary of the contract, the third party has the right to sue either the promisor or the promisee

what is the document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?

pleading

how a hearing or court case is conducted is governed by:

procedural law

under the uniform commercial code (ucc), what is the only required term for a valid sales contract?

quantity of goods being sold

what is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

rational basis review

substantive law governs a person's:

rights and responsibilities

what is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?

voir dire

which international agreement required its member countries to establish border procedures for searching international shipment of goods?

anti-counterfeiting trade agreement

when the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:

arbitration

which section of the uniform commercial code (ucc) applies to contracts for sales of goods?

article 2

the role of a mediator is to:

assist parties in a dispute in resolving their differences out of court

what is the system of government called in which states form a union and share sovereign power with the central government of the union?

federalism

a person who may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?

fines, imprisonment, and forfeiture of property

what does venue refer to?

geographic location of the court

through which proceeding do prosecutors obtain an indictment?

grand jury

what implied terms do all contracts include? (choose 2)

-an implied covenant of good faith -an implied covenant of fair dealing

which of the following are objections that a creditor may bring to bankruptcy distribution proceedings? (choose 3)

-an unsecured creditor may object to being excluded from the distribution if she had not been notified of the bankruptcy -a secured creditor may object to being excluded from the distribution if she had not been notified of the bankruptcy -a creditor may object to a distribution plan if the debtor has been fraudulent

Chapter 4

Business and the Constitution

Chapter 5

Product and Torts Liability

Chapter 12

Sales Contratcts

the abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:

United States Reports

which of the following qualifies as a "good" under article 2 of the uniform commercial code?

a commercial freezer unit

what is the difference between a material breach and an immaterial breach?

a material breach results in damages to the non-breaching party, while an immaterial breach is minor

failure to pay a debt for having a car bumper replaced and painted to match the car would lead to:

an artisan's lien

which of the following is an equitable remedy for breach of contract?

an order for specific performance

The earliest international agreement that provided copyright protections among the signatories to the agreement was the:

berne convention

what is the prosecutor's burden of proof in a criminal crime?

beyond reasonable doubt

in contrast to federal courts, state courts have what kind of jurisdiction?

broad

when used as collateral, a laptop computer used by a family for email, games, and schoolwork would be classified as:

consumer goods

john approaches a stranger standing at john's car who appear to be about to break the window. before the stranger sees him, john knocks him to the ground. what should john claim as a defense to the criminal battery charge?

defense of property

a secured party who has control will prevail over a secured party who has only filed for these types of collaterial:

deposit accounts, investment property, and letter of credit rights

forcing a party to agree to the terms of a contract through the use of threats or blackmail is called:

duress

state statutory law is created by:

elected members of the state legislature

the process by which a creditor may take possession of (and usually sell) collateral to satisfy an unpaid debt is called:

foreclosure

what must a prosecutor prove when the law requires mens rea?

intent

what is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

intermediate scrutiny

jan claims she was under the influence of drugs and has no recollection of committing a crime. this defense is known as:

intoxication

to meet the element of intent, a plaintiff must prove that the defendant:

knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences

what is the difference between legal remedies and equitable remedies for breach of contract?

legal remedies are monetary while equitable remedies are non-monetary

an employee who violates a company's social media policy by public posting negative comments about the company:

may be fired

in 2005, bankruptcy reform laws:

required debtors to pay more of their debts in bankruptcy

which of the following is the provision of the us constitution that establishes federal law precedence over state law?

the supremacy clause

a business using a word, phrase, or design to identify and distinguish its brand of goods would protect that branding with a:

trademark

the federal and most state judicial branches have at least three levels in the court system:

trial court, intermediate appellate court, and highest appellate court

a business landowner has a duty to reasonably maintain his or her property for safety. when the business invites guests or customers onto its premises, it has a duty to:

warn invitees of and reasonably protect them from a foreseeable risk or harm or danger from something on the premises

under which of the following could do an online user reasonably expect to maintain privacy protections under the fourth amendment? (select two)

- when the user posted to a private online journal which did not allow for sharing or followers - when the user is entering in their credit card information to an online store

what is true of corporate political speech? (choose 2)

-corporate political speech is protected by the 1st amendment -political donations are protected by the 1st amendment as types of corporate political speech

tort law provides a civil remedy for violations of which of the following protected interests? (choose 3)

- personal and physical safety - personal or business reputation - the destruction of or damage to property

under the uniform commercial code (ucc), risk of loss passes to the buyer:

whenever the contract designates it to pass

if a user of a social media app, publicly posts content incriminating themselves, may police use that as evidence against the individual?

yes, because there was no reasonable expectation of privacy in the post

if an anonymous online user commits defamation against an individual or business, may that individual or business compel the Internet Service Provider to reveal the identity of the user?

yes, if ordered to do so by a court

a business will be able to protect its trademark for how long?

if unregistered, as long as it is in use

when a defendant faces a negligence lawsuit, what defenses are available? (choose 3)

-contributory negligence -assumption of risk -comparative fault

which of the following describes a product with a defective condition?

the product is not reasonably fit for its ordinary and intended use

what characteristics must an item possess to be classified as a "good"? (choose 2)

-must be moveable -must be tangible

what are the three steps of a civil trial? (choose 3)

-opening arguments -presentation of testimony and evidence -closing arguments

what remedies are available in the case of a unilateral mistake in making a contract? (choose 2)

-reformation -recission

a written or authenticated security agreement is a requirement when creating a secured transaction unless:

the secured party has possession or control. of the collateral

a purchase money security interest (pmsi) is created when a seller or lender agrees to extend credit to a buyer for all or part of the purchase price of:

consumer goods

the bankruptcy code exempts (limited to a certain dollar amount) which type of property?

jewelry

which of the following is the lowest priority of claims in bankruptcy?

medical debts

when does title to stolen goods transfer?

never

does the first amendment protect defamatory speech online, provided it is anonymous?

no, because defamatory speech is unlawful

in what ways does article 2 of the uniform commercial code (ucc) differ from contract rules under the common law? (choose 3)

- under the ucc, the only required term is quantity of product being sold.; other terms such as price and delivery time can be left open -under the ucc, any manner of showing agreement to contract is accepted, but under the common law acceptance must mirror the offer -under the ucc, merchants have more flexibility in having open terms

white-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as: (choose 2)

- mail and wire fraud -embezzlement

a restriction on commercial speech will be valid if it meets three criteria. what are they? (choose 3)

-it must not be overly restrictive to meet its objectives -it must directly advance a government interest -it must seek to implement a substantial government interest

what type of speech does not receive 1st amendment protections? (choose 3)

-obscenity -threats to the president of the united states -speech that incites lawlessness

how does the 1980 united nations convention on contracts for the international sale of goods (cisg) differ from the uniform commercial code (ucc)? (choose 3)

-the csig is stricter on requiring mirror image acceptances -under the ucc, an irrevocable offer must be in writing, but under the csig it can be oral -the cisg does not apply to consumer sales

which of the following provides notification to a criminal defendant in custody of the right to an attorney?

miranda warning

how does the punishment for a misdemeanor differ from the punishment for a felony?

misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail

online activities and content may be legally regulated through the following laws or mechanisms: (select two)

- the first amendment to the constitution -tort law

Chapter 13

Creditor-Debtor Relations and Bankruptcy

Chapter 6

Criminal Law and Cyber Crime

which of the following laws regulate wiretapping on a federal level?

-electronic communications privacy act

a product is unreasonably dangerous to consumers when it meets which of the following conditions? (choose 3)

- it is inherently dangerous but is even more dangerous than an ordinary consumer would expect - a less dangerous alternative was available but was not used by the manufacturer - the manufacturer failed to adequately warn the consumer about the dangers of the product

which of the following are two primary types of damages available for an intentional tort? (choose 2)

- punitive damages - compensatory damages

employers have the right to monitor emails by their employers when: (select two)

- the company has provided the email server on which the email was sent -the employer has provided the computer on which the emails are sent

in a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? (choose 3)

- the loss of a spouse's companionship - medical bills - actual missed days at work

which of the following citations indicate that the citation is referencing state statutory law? (choose 2)

-Ark. Code Ann. § 6-17-2401 (2020) -Cal. Penal Code § 11164(a) (West 2020)

which of the following is a correct statement of federal preemption of state law under the supremacy clause?

-a state law that requires documentation of citizenship is preempted by the national voter registration act because the act only requires a statement under oath -a state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field

legal researchers will use which of the following tools to locate a court decision? (choose 2)

-bound volumes of reported court decisions, organized by jurisdiction, date, and courts -online legal research engines such as Lexis, Westlaw, or Bloomberg

an author may expect to receive copyright protection for the life of the author plus:

70 years

in the united states, who creates federal statutory law?

Congress

Chapter 11

Contract Law

Chapter 2

Courts and ADR

Chapter 8

Intellectual Property

which of the following is an example of federal agency regulations that impact business operations?

Internal Revenue Servicer rules for business tax audits

Chapter 9

Internet Law, Social Media, and Privacy

Chapter 1

Laws and Business

what does the reasonable person standard impose on a person in a negligence lawsuit?

a duty to act as a reasonable person would in the same circumstances

what is the term for when a merchant gives a written, signed assurance that he or she will not revoke an offer for a stated period of time?

a firm offer

which of the following types of intellectual property may only be owned by a buisiness?

a trade secret

what is the most common way that duties under a contract are discharged?

by performance

what do legal professionals use to analyze court decisions that are relevant to their clients' cases?

case briefing

internet service providers (isps) are not liable for the content posted by someone on a neutral forum under the:

communications decency act of 1996

for an original work of authorship, such as a book, song, poem, article, recording, or other work, an author should seek the protection of a:

copyright

one of the key purposes of the digital millennium copyright act (DMCA) is to bring copyright laws into the digital age by regulating digital media copyright infringement... as with non-digital assets, an owner of copyrightable material:

does not need to include a (c) symbol on their digital work in order to be protected from reproduction

a company issues a laptop computer to an employee for the use at the business location only. the employee takes the laptop home to use for his or her own purposes and reports it as lost. this is an example of:

embezzlement

if the us supreme court determined that a state or federal law violates the us constitution, it may:

invalidate the law

which branch of government has the authority to enact law?

legislative

when a plaintiff in a strict liability lawsuit has used a product in a way that is not intended or that the defendant could not have reasonable foreseen, the defendant may assert which defense?

misuse or abuse of a product

LaVon contracts with Nathan for Nathan to sing at her comedy club every Friday night in July. The first Friday, the crowd loved Nathan. The second Friday, they booed him. The next week, Nathan got a better offer, so he hired his twin brother Ethan to fill for him at LaVon's club. Can LaVon compel Nathan to perform?

no, because you cannot compel performance for personal services under specific performance

a legal citation for a court decision is used by legal professionals to research the law, and includes:

party names, location of the published case, court, and date of decision

which of the following types of intellectual property protection usually has a set term of 20 years?

patent

to prevent others from making, selling, or using an invention, an inventory should seek what type of intellectual protection?

patent protection

after all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. the motion asks the court for a:

summary judgment

what is the result of a contract in which both parties are wrong about a material fact of the contract?

the contract is voidable

the default provision of the uniform commercial code (ucc) is that, unless otherwise specified, title to goods being sold passes when:

the goods are physically delivered to the buyer