BCOR 2301: B-LAW Hypotheticals (CH. 1, 4, 10, 11, 12, 7, 24, 35)
CHAPTER 1 2) The Indiana state legislature passes a law increasing the minimum jail time for repeat violent offenders. This law becomes part of a body of law known as: A) Statutory Law B) Uniform Law C) Case Law D) Administrative Law
A
CHAPTER 1 4) Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of: A) stare decisis B) constitutional constructionism C) courts of equity D) laches
A
CHAPTER 1 5) All of the cases that have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as: A) the common law B) the law of equity C) the statutory law D) the civil law
A
CHAPTER 1 8) Tyler believes that some laws passed by his state's legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought? A) The natural law school B) The positivist school C) The school of legal realism D) The historical school
A
CHAPTER 1 9) Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. In the case, the original defendant (Franklin) is appealing his conviction by the State of Idaho. In the appeals case, Franklin is known as the: A) appellant B) respondent C) defendant D) appellee
A
CHAPTER 10 12) Cathy promises to buy Mark's car for $2,000. Cathy is: A) a promisor B) a promisee C) an offeree D) an officer
A
CHAPTER 10 4) Carol's car was hit while it was parked. Carol calls A-1 Towing, tells the dispatcher the car needs to be towed, and gives her location. A-1 never mentions a price and leaves before the tow truck arrives, and Carol does not talk with the driver or sign any documents. Carol: A) owes the company for towing her car under an implied contract B) owes the company for towing her car under an express contract C) does not owe the company for towing her car, because she did not have a chance to reject its services D) does not owe the company for towing her car, because she did not know that she would have to pay
A
CHAPTER 10 5) Patricia drives to her favorite gas station and tells the attendant to fill her tank. The attendant asks Patricia what grade she wants, and she tells him, "regular." The attendant fills the tank. At this point, the contract between the station and Patricia is: A) executory B) executed C) void D) unenforceable
A
CHAPTER 10 8) Janice tells Marie that she will buy Marie a new dress if she reads a book by Friday night. Marie begins reading and has only two chapters left to finish when Janice tells Marie that she has changed her mind and will not buy the dress. Under the modern approach to contracts, Janice and Marie: A) formed a unilateral contract B) have no contract until Marie finishes reading C) have not formed a contract, and Janice owes Marie nothing D) formed a bilateral contract
A
CHAPTER 11 9) Chloe buys a product from Good Times, Inc., that includes a shrink-wrap agreement. After using the product, she decides it is defective and sues Good Times. If the court determines that Chloe learned of the shrink-wrap terms after the contract was finalized, it may conclude that the terms were proposals for additional terms, which then: A) were not a part of the contract unless Chloe expressly agreed to them B) automatically became part of the contract C) were not a part of the contract because Good Times had not expressly agreed to them D) automatically made the contract void
A
CHAPTER 12 4) Carol Rogers, a local millionaire, promises to donate $500,000 to the Springfield Humane Society, which the society plans to use to build a new animal hospital. Based on Carol's promise, the society begins work on the hospital. Carol then backs out of her offer. A) Carol can be sued for the money under a theory of promissory estoppel B) Carol has violated the terms of a quasi in rem contract C) Nothing can be done. Carol's donation was to be a gift. Promised gifts do not have to be delivered D) Carol will suffer from a bad conscience, but not from any lawsuit
A
CHAPTER 24 3) Byron works at Stitch-Rite Clothing Factory. The company is required to maintain safe working conditions under the: A) Occupational Safety and Health Act (OSHA) B) Occupational Health Act C) Hazardous Workplace Act D) Safety and Health Organization Act
A
CHAPTER 24 6) Josh works for a federal governmental agency that requires drug testing as a condition of employment. He wants to challenge the constitutionality of the testing in court. For his case, Josh will attempt to rely on: A) the Fourth Amendment B) the Eight Amendment C) the Thirteenth Amendment D) the Second Amendment
A
CHAPTER 24 9) Steven recently purchased a meat-packing plant in which the employees are unionized. Steven confesses that he knows almost nothing about labor law. In advising him about the National Labor Relations Act, you should tell him that he is prohibited from engaging in all of the following except: A) protecting employees' right to strike B) dominating a labor organization C) refusing to bargain collectively with the duly designated representative of the employees D) interfering with employee efforts to unionize
A
CHAPTER 35 12) Jason is the owner of a large tract of land. Jason sells the property to Bertha using a quitclaim deed. Bertha later learns that Michael has a right to extract minerals from the property. In this case, Bertha: A) has no claim against Jason B) may return the land to Jason and receive a refund of the purchase price C) may exclude Michael from the property D) may sue Jason for violation of the terms of the quitclaim deed
A
CHAPTER 35 3) Sara agrees to sell Butch a parcel of land. The land has a home, fifty acres of crops, and ninety acres of grassland. When Sara sells the parcel to Butch: A) the sale includes the crops, unless the contract says otherwise B) it must include the home, crops, and grassland and cannot be divided C) the sale includes the home only, not the crops unless specifically stated D) the plant life is not considered real property and must be contracted separately
A
CHAPTER 35 7) Jack and Jill have a tenancy in common in an apartment building. After ten years of ownership, Jill dies unexpectedly. On Jill's death, Jill's interest in the property will: A) pass to Jill's heirs B) pass to Jack as tenant in common C) pass to the state D) pass to Jack's heirs
A
CHAPTER 4 10) Britney files a lawsuit against Kevin and wants her case settled as quickly and with as little cost as possible. Her best hope is: A) mediation B) appeal C) litigation D) arbitration
A
CHAPTER 4 2) Toybox, Inc., manufactures the Spintop, a toy that the company discovers can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit against Toybox, Inc. In seeking to have the suit dismissed, Toybox, Inc.'s, best argument is that Anne does not have: A) standing to sue B) certiorari C) jurisdiction D) judicial review
A
CHAPTER 4 5) Dexter loses his breach-of-contract case against Micheletta in a Georgia state trial court. Dexter appeals to the state court of appeals. Losing again, he files his next appeal with: A) the Georgia Supreme Court B) the United States Supreme Court C) a U.S. Court of Appeals D) a U.S. District Court
A
CHAPTER 4 6) Juan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After the pleadings are closed, Juan can file: A) a motion for judgement on the pleadings B) a counterclaim C) a motion for judgement n.o.v. D) an affirmative defense
A
CHAPTER 7 6) In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book: A) is protected for her life plus seventy years B) is not protected at all C) is protected forever D) is protected for 10 years
A
START OF CHAPTER 1: 1) Assume that Congress passes a law establishing a new administrative agency to oversee cyberterrorism issues. The agency writes rules to enable itself to carry out its duties. The rules written by the agency will be known as: A) Administrative Law B) Constitutional Law C) Restatement of the Law D) Statutory Law
A
START OF CHAPTER 4: 1) John is a resident of Iowa. While driving through California, he has an accident involving Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the California court has: A) in personam jurisdiction B) no jurisdiction C) diversity jurisdiction D) in rem jurisdiction
A
START OF CHAPTER 7: 1) Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of: A) trademark infringement B) trade dress infringement C) copyright infringement D) patent infringement
A
CHAPTER 1 11) Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term and cannot be removed without cause (even if there is a change in the president). Joseph is most likely serving in: A) an executive agency B) an independent agency C) a congressional committee D) a cabinet post
B
CHAPTER 10 11) U.S. Bank enters into a new contract with Risk Management Services, Inc. (RMS), to conduct UCC searches. They have never employed an outside vendor to conduct these types of searches, though other banks frequently do. RMS adds a provision to the contract that states: "RMS's liability is limited to the amount of fee paid for each service provided under this contract." RMS generally charges $25 per UCC search conducted. The first search conducted by RMS for U.S. Bank does not find a UCC lien, but causes U.S. Bank a $1,000,000 loss. U.S. Bank claims that the provision added by RMS is ambiguous. In this scenario, a court would look at which of the following to interpret the terms of the contract? A) The parties' course of performance B) The custom usage and trade C) The parties' course of dealing D) The express terms of the contract alone
B
CHAPTER 10 15) Jim and Kathy have a contract with a term that is not clear. Kathy and Jim both have different—yet reasonable—interpretations of the term. If Kathy wrote the contract, a court will: A) evaluate both interpretations and develop a reasonable interpretation that is somewhere in between B) accept Jim's interpretation because Kathy wrote the contract C) accept Kathy's interpretation because she wrote the contract and should know what she meant D) call in a third party to develop a reasonable interpretation
B
CHAPTER 10 9) Elise enters into a contract to purchase JD's house and then changes her mind. JD sues her for breach of contract. The lawsuit for a breach of contract will be governed by: A) the Uniform Commercial Code (UCC) B) common law of contracts C) agency regulations D) state statute
B
CHAPTER 11 11) Exilware designs software, which it frequently sells to Avertron, the maker of hardware systems. Exilware is in New Hampshire, and Avertron is in Arizona. Because the companies often conduct business via the Internet, they have formed a partnering agreement. When a dispute arises over a delivery date, the court will probably: A) disregard the terms of their partnering agreement B) look to the terms of the partnering agreement to determine the parties' intent C) consider the partnering agreement only if its terms are in strict compliance with the Uniform Electronic Transactions Act (UETA) D) consider only those portions of the partnering agreement that are fair to both parties
B
CHAPTER 11 2) Sarah tells Jake that she is thinking about buying a car. Jake replies that he would like to sell Sarah one of his cars in a few weeks for a really good price. Jake has made: A) a valid counteroffer to Sarah's offer B) a statement that is not a valid offer for lack of definiteness C) a statement that is not a valid offer for lack of communication D) a valid offer to Sarah
B
CHAPTER 11 4) Philip receives a mail-order catalogue featuring a new style of water shoes that look perfect for river kayaking. He calls to order a pair and is told that the shoes are sold out. Philip can now: A) sue because the catalogue company improperly revoked its offer B) try somewhere else; the catalogue did not make an effective offer C) sue because the catalogue listing constituted a valid offer D) sue for breach of contract
B
CHAPTER 11 5) Kelly tells Matthew that she will sell him one of her motorcycles at some time in the future. Matthew eagerly accepts. Do they have a valid contract? A) Definitely not, because the offeree did not accept the offer B) Probably not, because the terms are not definite C) Probably, because the parties knew what they were discussing D) Probably, because Kelly failed to communicate the offer to the offeree
B
CHAPTER 11 6) The doctrine that prevents an offeror from revoking an offer once the offeree has justifiably relied to his detriment or has begun performance is known as: A) an option B) promissory estoppel C) voidability of estoppel D) a lapse of time
B
CHAPTER 11 7) McKenna offers to sell Lori her collection of hand-painted European tiles. Before Lori has a chance to accept, McKenna says, "Sorry, I changed my mind. I'm not going to sell the tiles." McKenna has just made: A) a counteroffer B) a revocation C) restitution D) a rejection
B
CHAPTER 12 3) Les agrees to install a new hard drive and modem on Marilee's computer in exchange for four of her used textbooks. After he installs the hard drive, Les says he won't install the modem unless Marilee gives him two more books. What legal position are the parties in now? A) Marilee must give Les the additional books B) Marilee can sue for breach of contract, because Les had a preexisting duty to do all of the work C) Les will only get one more book, because two is too many more to be fair D) Les can receive the extra books in exchange for doing more work, as he has given good and fair consideration in exchange
B
CHAPTER 12 5) Melissa is a minor who agrees to purchase a car from Umberto for $10,000 one month after she turns eighteen years of age. On turning eighteen, Melissa writes to Umberto stating that she still agrees to purchase the car. Melissa's contract with Umberto is: A) unenforceable, because Melissa has a right to disaffirm the contract B) enforceable, because it has been expressly ratified by Melissa C) unenforceable, because Melissa was a minor when she entered into the contract D) enforceable, because Melissa and Umberto agreed to the purchase of a car
B
CHAPTER 12 6) Patrick agrees to pay Anna $25,000 in exchange for Anna taking Patrick's hazardous waste and surreptitiously dumping it on the property of a competitor. After Anna dumps the waste, Patrick refuses to pay. This contract will: A) be enforced because it has sufficient consideration and is a bargained for exchange B) be void from the outset and thus unenforceable C) be unenforceable due to usury laws D) be enforced, because both parties agreed to the contract and will be held accountable to its terms
B
CHAPTER 24 10) Ashley is an eighteen-year-old clerk in a store that sells bird seed. She earns minimum wage. Her boss, Trina, often expects her to stay and work as many as three hours longer than her scheduled shift. Trina never pays Ashley for these hours. Ashley is: A) entitled to be paid overtime for all the time she works beyond her scheduled hours B) entitled not only to be paid for the additional time, but also to be paid overtime if she works more than forty hours in a week C) not entitled to be paid for any time she chooses to stay beyond her scheduled hours D) entitled to be paid minimum wage for the additional hours, and she cannot work more than forty hours in a week
B
CHAPTER 24 13) Catherine works for BluCorp, which has an employee handbook stating that employees will be terminated for good cause. Catherine's manager fires her one morning and when asked the reason, states that he does not need a reason since they live in a state that has employment at will. If Catherine wins her lawsuit against BluCorp, it is because of the: A) public policy exception to employment at will B) contract exception to employment at will C) tort exception to employment at will D) illegal termination statute
B
CHAPTER 24 2) Choice is the largest employer in the Pacific Northwest. It is covered by numerous federal employment laws. As such, it is required by the Family and Medical Leave Act of 1993 to provide employees with up to: A) ten weeks of unpaid family or medical leave during any twelve-month period B) twelve weeks of unpaid family or medical leave during any twelve-month period C) twenty-four weeks of unpaid family or medical leave during any twelve-month period D) five weeks of unpaid family or medical leave during any twelve-month period
B
CHAPTER 24 4) When the timber industry in Montana experiences an economic slump, Superior Logging Co. is forced to lay off a number of its employees, including Larry Kurzyniec. Larry, who had been logging for over eighteen years, suffers from heart disease, high blood pressure, and diabetes. His wife is worried that the family's health-insurance coverage, which is through Superior Logging, will be canceled. Larry learns that he has a right to extend his insurance benefits, however, if he pays the premiums under: A) HIPAA B) COBRA C) FUTA D) FICA
B
CHAPTER 24 5) When Kimberly begins working for Pharmco Industries, the company tells her that at a future date, after so many years of employment with the company, she can receive retirement pay. Her rights on that date to receive pay upon retirement would be considered: A) inferred B) vested C) accrued D) sheltered
B
CHAPTER 24 7) Ralph was considering hiring George to work in his grocery store as a shelf stocker. To ensure that George is a citizen or permitted to work in the United States, Ralph should ask George to complete the following document: A) A Social Security card application form B) An I-9 Employment Eligibility Verification Form C) A W-2 income tax form D) A written job application form
B
CHAPTER 24 8) Marta needs an electrician to do some work at her home. Her father advises her to make sure that the firm she plans to hire is not a closed shop. Marta is not sure what this means, but later learns that the "closed shop" that her father was referring to is: A) a place of employment in which most of the workers are union members B) a firm that requires union membership by its workers as a condition of employment C) a firm that keeps its doors closed to union members D) a firm that prohibits any efforts to introduce a union among its employees
B
CHAPTER 35 10) In mid-July, the Jeffersons sell their home to the Trainers. The Jeffersons know that their oil furnace doesn't work. The: A) rule of caveat emptor, or "buyer beware" applies B) Jeffersons have a duty to disclose the problem C) Jeffersons don't have to disclose the problem, because a broken furnace does not affect the value of a home D) Jeffersons have no obligation to disclose the problem
B
CHAPTER 4 11) Transpac Corp. and Alliance, Inc., agree to a contract that includes an arbitration clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced because the arbitrator made an error in her findings of fact. The court will likely: A) review the merits of the dispute B) do nothing C) review the sufficiency of the award D) set aside the arbitrator's award
B
CHAPTER 4 3) Stan, a citizen of Iowa, files a lawsuit in an Iowa state trial court against Jalisco Farm Supply, a Texas company that sells supplies in Iowa. The court has original jurisdiction because: A) the parties have diversity of citizenship B) the case is being heard for the first time C) the court has venue D) the court has concurrent jurisdiction
B
CHAPTER 7 13) Carissa writes a novel but does not register a copyright for the novel. Carissa e-mails a copy of the novel to her friend, Kevin. Carissa: A) has a valid copyright on the novel after Kevin opens the email B) has a valid copyright on the novel even though she didn't register it C) does not have a valid copyright because she did not register it D) does not have a valid copyright because novels are not copyrightable
B
CHAPTER 7 3) Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for: A) the grill only B) the name only C) the grill, the name, and the manual D) the manual only
B
CHAPTER 7 7) Without permission, Sally copies photographs from Isaiah's book, Mount Everest: Top of the World, and uses them in a new book. Sally's book is about photography, not mountains. Sally's use of the photos is: A) protected if Sally and Isaiah are competitors B) an infringement of Isaiah's copyright C) protected under the fair use doctrine D) an infringement of Isaiah's copyright only if consumers are confused
B
START OF CHAPTER 10: 1) Julius asks Rachel if she would like to sell her boat. Rachel privately has no interest in selling her boat, and believes that Julius can't afford her boat anyway. Rachel says, "I'd sell my boat to you for $400." To Rachel's surprise, Julius responds "Ok, it's a deal." Rachel does not want to sell the boat to Julius for any price. Julius and Rachel have: A) formed a valid contract because Julius expressed outward interest in the boat B) formed a valid contract because Rachel's outward expressions showed the formation of a contract C) not formed a valid contract because of lack of definiteness in the contract terms D) not formed a valid contract because Rachel did not want to sell the boat for any price
B
START OF CHAPTER 12: 1) Jackie agrees to pay Ben $1,000 if Ben agrees to not go skydiving for six months. After Ben avoids skydiving for six months, he asks Jackie for payment. Jackie declines to pay Ben the $1,000. The contract between Jackie and Ben: A) will not be enforced because skydiving is a dangerous activity and Ben benefits from the forbearance B) will be enforced because Ben exercised forbearance, which is legally sufficient consideration C) will not be enforced due to lack of consideration D) will be enforced because Jackie had a preexisting duty to pay Ben
B
CHAPTER 1 10) The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called: A) an administrative rule B) a citation C) an ordinance D) a uniform law
C
CHAPTER 1 6) Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of: A) injunction B) specific performance C) damages D) rescission
C
CHAPTER 1 7) A case comes before a Wisconsin state trial court on the subject of free speech on the Internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider: A) public policy B) social values and customs C) equitable maxims D) cases from other jurisdictions
C
CHAPTER 10 13) Kristoff wants to sell his collection of shoes and offers to sell them to Marcus, who just got paid. Marcus is hesitant to accept, but Kristoff lets Marcus know that if he doesn't accept, then there may be trouble. Fearing that Kristoff means to physically harm Marcus, or rob him, Marcus accepts the offer. Will a court enforce this contract? A) Yes, because there is a valid offer and acceptance B) No, because it is illegal to sell shoes C) No, because the consent was not voluntary D) Yes, because all four requirements of a contract are present
C
CHAPTER 10 14) Bradley is sitting on his porch, enjoying his very large front yard and drinking a lemonade when Chris, a kid from down the street, shows up and starts mowing Bradley's yard. Bradley waives and smiles. Chris is mowing the lawn for money, but Bradley doesn't know it (and shouldn't know it because their two families often do nice things for each other without pay). Chris may be able to recover money in court on the basis of: A) an implied contract B) an express contract C) a quasi contract D) a bilateral contract
C
CHAPTER 10 2) Jackson offers to pay Casey $50 for his used business law textbook. Casey agrees to sell it for that amount. They agree to meet one week later to exchange the money for the book. Casey and Jackson have formed: A) a formal contract B) no contract C) a bilateral contract D) a unilateral contract
C
CHAPTER 10 3) Carmen owns a 2009 Toyota Camry that he offers to sell to his friend Jamie for $12,000. Jamie accepts Carmen's offer. Jamie and Carmen have: A) an executed contract B) a quasi contract C) an express contract D) an implied contract
C
CHAPTER 10 7) Doris, an eighty-seven-year-old widow, collapsed while shopping at a store. She was taken to the Detroit city hospital by ambulance. She stayed there for fourteen days and was then transferred to another hospital, where she later died. She never regained consciousness. After she died, the hospitals and the ambulance company sued her estate to recover their expenses. Will Doris's estate be held liable for the medical bills? A) Yes, because there was an actual contract B) No, because there was no quasi contract C) Yes, because there was a quasi contract D) No, because she could not have entered a contract while she was unconscious
C
CHAPTER 11 10) KJ Games, in Colorado, designs computer games that it markets and sells to customers via the Internet. A click-on agreement accompanies every download; no game can be installed on a buyer's computer if the buyer does not click on the words "I agree" when prompted. The click-on agreement clearly states in capital letters that all disputes will be settled in Colorado's state courts. Buyers of KJ's games are most likely: A) required to arbitrate any disputes in Colorado B) not required to accept this term of the contract C) required to file any lawsuits in Colorado D) not required to file their lawsuits in Colorado
C
CHAPTER 11 13) Kristin contracts with Jacob to buy a car through an online auction service. All of their negotiations and transactions are conducted electronically. None of their communications ever mention the Uniform Electronic Transactions Act (UETA), which was adopted by their state in its entirety in 2001. Their contract is: A) covered by the UETA only if the transaction occurred after 2001 B) covered by the UETA only if their contract involves computer information C) automatically covered by the UETA D) not covered by the UETA
C
CHAPTER 11 8) To download software for his Internet connection, Nelson had to click on several boxes on the Web site that stated "I agree" or "I accept." Nelson did not read the accompanying text before clicking on the boxes. In the event of a dispute between Nelson and the service provider, the contract terms will: A) be enforced only if the service provider shows that Nelson read them B) not be enforced C) be considered the terms of a binding contract D) become proposals for the terms of a binding contract
C
CHAPTER 24 11) Michael creates a new company and wants to attract quality employees, so he establishes a retirement plan. The law regulating this activity is: A) the Social Security Act B) UNESCO C) ERISA D) CERCLA
C
CHAPTER 24 12) Quick Dry, a dry-cleaning firm, wants to hire Javier Guitterez as an employee. Under immigration laws, which of the following would not be sufficient to verify Javier's eligibility to work in the U.S.? A) A U.S. passport B) A permanent resident card C) A driver's license D) A U.S. birth certificate
C
CHAPTER 24 14) Adam owns a private company and has significant concerns about employees shopping and accessing pornography while at work, so he buys some filtering software that blocks shopping and pornography websites. Adam: A) is violating the state free access laws B) is violating the First Amendment rights of his employees C) is within his rights to do this D) is violating federal privacy laws
C
CHAPTER 35 11) Amy and Reese are selling their home to Mitch and Kris. They sign a deed that affords the strongest covenants and provides the most protection to Mitch and Kris. This is called: A) a special warranty deed B) a quitclaim deed C) a warranty deed D) a recording deed
C
CHAPTER 35 13) Steve leases an apartment from Ashley. According to the lease, Ashley is required to keep all plumbing in working order. After Steve has lived in the apartment for four months, the toilet breaks. Ashley refuses to fix it, making it virtually impossible for Steve to continue to live there. The result of Ashley's inaction is that: A) there has been a self-help eviction B) she has physically evicted Steve C) she has constructively evicted Steve D) she has committed waste on the property
C
CHAPTER 35 8) Marcus and Remy are owners of a condominium complex in a joint tenancy. Remy wants to leave the joint tenancy and sell his property right to Yolanda. When Remy sells his property right to Yolanda, A) Yolanda's ownership becomes a joint tenancy with Marcus B) the joint tenancy terminates, and both Yolanda and Marcus must wind up and sell their assets C) Yolanda's ownership becomes a tenancy in common with Marcus D) Remy must obtain consent from Marcus before doing so
C
CHAPTER 4 4) Quentin is going to give testimony in a negligence case against Tilbury, Inc. Quentin will be questioned by an attorney in: A) a state's highest court B) an appellate court C) a trial court D) a U.S. Court of Appeals
C
CHAPTER 4 8) Stewart, a construction worker, fell from a beam and suffered serious injuries. He sued his employer, Sunrise Construction, for damages. In most jurisdictions, a court will first impose lighter sanctions but eventually will dismiss a case if a party shows blatant disregard for court orders. Over six months of pretrial motions, Stewart was repeatedly asked to provide his medical records and supply the names of all of his doctors. Sunrise filed motions three times asking the court to compel Stewart to supply the records and supply the names. The trial court entered three orders to compel Stewart to do so and four orders allowing him extra time to answer. Stewart did not respond. Sunrise filed a motion to dismiss because of Stewart's failure to comply with the orders. What would the court most likely do? A) Refuse to dismiss the case because Stewart's injuries were severe, which means he must be given the chance to litigate B) Refuse to dismiss the case because Sunrise had no right to Stewart's medical records C) Dismiss the case because of Stewart's refusal to provide information to Sunrise D) Dismiss the case even though Stewart had a good reason not to provide Sunrise with the information
C
CHAPTER 4 9) Jackson, a homeowner, files a lawsuit against Johnson, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as: A) early neutral case evaluation B) arbitrability C) negotiation D) a summary jury trial
C
CHAPTER 7 10) Rachel has just finished the business plan for a franchise that she expects to have international appeal. She is concerned about protecting the trade name of the business. Which of the listed answers provides her an avenue for registering a trade name internationally? A) The TRIPS Agreement B) The Anti-Counterfeiting Agreement C) The Madrid Protocol D) The Berne Convention
C
CHAPTER 7 11) Roger McDonald decides to open up a series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's Corporation, the famous fast food restaurant chain, wants him to stop using the curvy M, as it resembles McDonald's Corporation's famous golden arches. Association with a liquor store would likely harm McDonald's Corporation's reputation. Can McDonald's Corporation stop Roger from using his large, blue, curvy M logo? A) McDonald's cannot stop Roger from using the blue M, because McDonald's cannot trademark an entire letter of the alphabet B) McDonald's can stop Roger from using the blue M only if there is a substantial likelihood of confusion by customers C) McDonald's can stop Roger from using the blue M if the similarity between the marks creates an association between them D) McDonald's cannot stop Roger from using the blue M, because it is not identical to the golden arches
C
CHAPTER 7 12) John invents a new type of automobile-tracking system on January 1, but does not file a patent application for it until June 30. Meanwhile, on March 10, Susan invented a very similar system and filed a patent application on March 15. Under the America Invents Act, who holds the valid patent? A) John, because he was the first to invent the system B) Susan, because she filed a patent application within ten days of inventing the system C) Susan, because she filed a patent application first D) John, because the most recent application is the most valid
C
CHAPTER 7 14) BKS, Inc., has a research and development (R&D) facility in the Arizona desert. Only authorized persons are allowed in the facility and all employees and guests must sign a non-disclosure agreement. BKS likely considers the ideas of the people in their R&D division to be: A) patented B) copyrighted C) trade secrets D) trademarked
C
CHAPTER 7 2) Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a: A) trade name B) certification mark C) service mark D) collective mark
C
CHAPTER 7 4) On the Border Mexican restaurants all have the same terra-cotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus; the wait staff wear similar types of clothing; and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their: A) trade secret B) trade name C) trade dress D) trademark
C
CHAPTER 7 5) Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot's in the air conditioners it manufactures. Allied does not have Hot's permission to use the motor. Can Hot win a patent infringement case against Allied? A) Yes, if Allied and Hot are competitors B) No, unless Hot has sold the motor in the marketplace C) Yes, because Allied infringed on Hot's patent D) No, unless consumers are confused
C
CHAPTER 7 8) Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects: A) Cason's concept and process B) Cason's concept C) neither Cason's concept nor his process D) Cason's process
C
CHAPTER 7 9) A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for: A) only the information contained in the files for the new game B) only Laz's ideas concerning the design of the game C) the information in the files and Laz's ideas for the game design D) none of the information in the files
C
START OF CHAPTER 11: 1) Ryan sends Michael a letter of intent for the purchase of a tract of land. The letter of intent outlines the purchase price, the legal description, and the financing terms. A paragraph is included that states that the letter of intent is a non-binding agreement, and is an offer to enter into negotiations. A) The letter of intent is a statement of future intent, which is not an offer B) The letter of intent is an expression of opinion, and does not indicate an intention to enter into a binding agreement C) The letter of intent is an invitation to negotiate, which is not an offer D) The letter of intent is an offer that may be accepted by Michael
C
START OF CHAPTER 24: 1) Erin works for a dry-cleaning company that has a contract with the U.S. government. To save on cleaning fluid, her boss orders her to wash some dry clean-only clothes in a washing machine. When the courier hired to pick up the cleaned garments arrives, Erin tells him about her boss's actions. Erin tells no one else about what is going on and is later fired. Erin: A) is not protected by the whistleblower statute. It is inapplicable because the contract was with the federal government B) is protected by the whistleblower statute in her state, because she spoke up about her employer's actions C) is not protected by the whistleblower statute, because she failed to inform the proper party of the contract violation D) will be reinstated to her former job, because when she told the courier of the problem, she was merely exercising her First Amendment right to free speech
C
START OF CHAPTER 35 1) Sam lives in a subdivision that has deed restrictions preventing drilling for oil and gas. This type of limitation is known as: A) a nuisance B) an avoidance C) an encumbrance D) a lien
C
CHAPTER 1 3) The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: A) automatically becomes the new law in every state. B) becomes a part of the United States Code and is therefore the law of the land in every state and territory of the United States. C) becomes the law in every state that has joined the NCCUSL. D) becomes the law in every state that adopts the uniform act through legislative action.
D
CHAPTER 10 10) Donald buys a subscription to a national magazine that gives him two years for the price of one year. After the two years expire, Donald continues to receive the magazine for six more months, although he has not subscribed again. The magazine then sends Donald a bill for the magazines he received after the expiration of his subscription. Donald: A) can be fined for failing to return the magazines B) owes half of the bill C) owes the full amount D) owes nothing
D
CHAPTER 10 6) Kandis offers to pay Tim's way through college if he will kill her ex-boyfriend. He accepts Kandis's offer, signing a contract. Their contract is: A) voidable B) executed C) formal D) void
D
CHAPTER 11 12) RexCo and Wilkinson Motors agree to contract online. Both companies agree to an encryption security procedure to verify changes in electronic documents and correct errors. RexCo sends a message to Wilkinson Motors that contains an error, because RexCo's information-processing system erroneously changed the language of the document. Wilkinson Motors will: A) have to comply with the erroneous submission B) be able to sue RexCo for fraud C) be required to renegotiate the terms of the message D) be able to avoid the effect of the error
D
CHAPTER 11 14) Expect Big Things Company and ABC Data are in a state that has enacted a modified version of the Uniform Electronic Transaction Act (UETA). The act passed by their state contains a procedure for the acceptance of electronic signatures that differs slightly from the one provided by the federal Electronic Signatures in Global and National Commerce (E-SIGN) Act. If the two companies form an e-contract using an e-signature procedure that complies with the state's version of UETA, their signatures will be: A) invalid under the E-SIGN Act, because any modification is preemption of federal law, which is unconstitutional B) valid, because states are allowed to preempt the E-SIGN Act if they wish C) valid only under state law D) valid only if the state's procedures are consistent with the E-SIGN Act, and the state's law does not give greater legal effect to one type of technology
D
CHAPTER 11 3) Diana tells Crystal, "I think I'll sell that camping gear I bought for hiking the Pacific Trail for $250. I'm never going to make that trip." This constitutes: A) an agreement to agree B) a valid offer C) a counteroffer D) a statement of future intent
D
CHAPTER 12 10) GavelCo Insurance sells an insurance policy to Barry in the state of Colorado. GavelCo violates a Colorado state statute when doing so. Later Barry gets into a dispute with GavelCo over coverage of the insurance policy and wants to enforce the insurance contract. The insurance contract will be: A) unenforceable B) enforceable, but only if a court find the contract unconscionable C) enforceable by both parties, like any other contract D) enforceable by Barry, the purchaser, and he can recover from the insurer if applicable
D
CHAPTER 12 2) Bryan tells his friend Jane, "I don't think it's fair that you don't have a cell phone and the rest of our friends do. In consideration of that unfairness, I will pay you $400 for you to buy a new phone." This contract is: A) enforceable, because it corrects an unfairness B) enforceable because it is a bargained-for exchange C) unenforceable, because the contract involved a purchase of goods for less than $500 D) unenforceable, because it is not a bargained-for exchange
D
CHAPTER 12 7) Daniel enters into a contract that requires him to pay interest at a rate greater than the legal state maximum. The contract might be enforceable if: A) Daniel is a minor B) Daniel's guardian entered into the contract for him C) the contract is reasonable D) the loan is for a small amount and Daniel would not be able to obtain a loan otherwise
D
CHAPTER 12 8) Amjed sues Larry, a landowner on whose property Amjed was injured. Larry believes that Craig is a lawyer and hires Craig to defend him in the lawsuit. Craig is not a lawyer, so the contract between Larry and Craig: A) will be enforced unless Craig loses the case B) will be enforced despite Craig's winning or losing C) will be enforced only if Craig wins D) will not be enforced
D
CHAPTER 12 9) Marcy owns a trucking company that hauls goods all over the country. Wilson contracts with Marcy's company to transport ten tractor-trailer loads of goods from Ohio to Texas. After delivery of the goods, Marcy learns that all the goods were stolen. The contract: A) is unenforceable, because the goods were stolen and Marcy's company cannot collect its fee B) is unenforceable unless Marcy's company can return the goods C) is unenforceable, and Marcy's company is now liable for the stolen goods D) is enforceable, because Marcy's company was justifiably ignorant of the fact that the goods were stolen
D
CHAPTER 35 2) Abigail is the owner of a tract of land, but Umberto owns the mineral and excavation rights to that land. Umberto commences excavation to access the valuable minerals. While digging, he causes the surface of the land to collapse. Umberto is: A) liable only if he acted negligently B) liable only if he acted recklessly C) not liable for any damage D) absolutely liable for any collapse
D
CHAPTER 35 4) Brad owns a hair salon that he is selling. In the salon are various items, including lobby furniture, barber chairs, wall mirrors firmly attached to the walls in front of each barber chair, razors, scissors, and handheld mirrors. When he sells the hair salon, the following are most likely to be considered fixtures: A) the items of lobby furniture B) all of the items listed C) the razors, scissors, and handheld mirrors D) the barber chairs and wall mirrors
D
CHAPTER 35 5) Mary owns land in fee simple. Mary would like to lease the property to Jack, who wants to farm the land. Because Mary holds the property in fee simple, she: A) cannot lease the land, but only sell the land outright B) cannot sell the land, but only lease the land C) cannot make any transfers without third-party consent, because of the limitations of fee simple ownership D) can lease, sell, or give the land away as she wishes
D
CHAPTER 35 6) Teagen owns a small cottage in which her elderly aunt, Katie, lives. Teagen wants to ensure that Katie can live in the cottage for the remainder of her life, but when Katie dies, title to the property will return to Teagen. Teagen can accomplish this objective by granting Katie a: A) tenancy at sufferance B) tenancy at will C) special warranty deed D) life estate
D
CHAPTER 35 9) Steven and Andrea are married and live in San Diego, California. Shortly after the marriage, they purchase a home together. Two years later, Andrea inherits ranchland from her deceased father. In terms of ownership: A) the ranchland is considered to be community property, but the home is not B) both the home and ranchland are held as community property C) neither the home nor the ranchland are held as community property, because California is not a community-property state D) the home is considered to be community property, but the ranchland is not
D
CHAPTER 4 7) Motor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain: A Motor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain: A) permission for Motor Sports' president to personally inspect the contents of all of A-Z's paper records and computer files B) physical examinations of key employees of A-Z C) access to the contents of A-Z's top executives' safe-deposit boxes D) documents in A-Z's possession relating to the contract
D