BLaw Final

Development Associates (DA) agrees to buy five acres o land from Eastside Properties for $15,000. Eastside fails to go through with the deal in the agreed date, when the market price of the land is $17,ooo. DA must recover

$2,000

In an emergency situation, Milena, an emergency medical technician, riders aid to Lothar, who needs help. Lothar would most likely be prohibited from suing Milena for negligence under

A Good Samaritan statute

Loren files a suit against Mabel, alleging a failure to pay for the harvest of Mabel's orchards. Mabel denies Loren's charge and claims that Loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach. Mabel's claim is

A counterclaim

Via the internet, Rocky sabotages the computer system of Quik Chik'n Company, a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that the consumers of the food become ill. Rocky is

A cyberterrorist

To prepare for a trial between Condo Development Corporation and Demo Construction Company, Condo's attorney places Demo's president under oath. An authorized court official makes a record of the attorney's questions and the officer's answers. This is

A deposition

Rashad accesses Quant Company's computer system without the authority to obtain protected financial data. Under the federal law, this is

A felony if it is committed for a commercial purpose

Odell is a director of Price Rite, Inc. As a director, with respect to the corporation, Odell is

A fiduciary

Boz, a clerk for a Cheezy Burger, Inc., restaurant goes out on strike with the other employees. After the strike, Boz must be given his job back if there is still work at the restaurant and the strike was

A lawful economic strike

Bee Hive Honey, LLC's members include Chad. For purposes of suing and being sued, Bee Hive Honey is

A legal entity apart from the owners

USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms. The mark is

A service mark

David's family came to the United States from Ukraine in 1895. Eva's family came to this country from Venezuela in 1995. Fiona's family came from Mexico in 2005. Current immigration laws are based on

A system of sanctions against employers who hire illegal immigrants

Vicky contracts with Rashad for the delivery of hospice services to benefit Sigmund. This is

A third party beneficiary contract

Main Street Lenders, Inc., attempts to coerce Nolan-- who specializes in determining the value of real and personal property-- into misstating the value of a property on which a loan is to be issued. This is

A violation of the law

Hailey and Ike hold the first organizational meeting of Java Drive-In Corporation. Probably the most important function of this meeting is

Adopting Java's bylaws

Delicious Fruit-of-the-Month Company currently employs five hundred full-time workers and two hundred part-time seasonal workers. Because business has declined, Delicious plans to close a plant that employs more than fifty full-time workers. Advance notice of the layoff must be sent to

Affected workers or their union representative

In Ben V. city Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Daphne V Even Steven Auto Deals Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

Allow the minor to cancel the contract

Noah and Orin do business as personal Partners. In most states, for purposes of suing and being sued, Personnel Partners would be treated as

An entity

Consumer Mortgage Loans provided Demi with a Mortgage to buy a home. Under the Terms, Demi can Choose to pay only the interest portion of the monthly payments and forgo paying of the principal for five years. This is

An intrest-only mortgage

Minnesota enacts a statute to ban advertising in "bad taste". This statute would likely be held by a court to be

An unconstitutional restriction of speech

Refer to Fact Pattern 3-1A. Resolving the dispute between Organico and Pleasant Valley by having a neutral third party render a binding decision is on of the advantages of

Arbitration

Coco is considering forms of business organization for her concessions business-- Coco's Cupcakes. Most states require that a limited liability company have at least

At least one member

The Merit Systems Protection Board issues a rule. Like other administrative agencies' "legislative rules," this rule is

Binding as a law passed by Congress

Cecilia's Day Spa, LLC, is a member-managed limited liability company. If the law in Cecilia's state is like the law in most states, unless the members have agreed otherwise, voting rights are apportioned according to

Capital contributions

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, Killing Chris. But for Bart's negligence, Chris would not have dies. Regarding the death, the crash is the

Cause in the fact

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Changed the agency's prior policy without justification

Heat Wave, Inc., makes portable heaters. To pay its liability of injuries to consumers harmed by defective heaters, Heat Wave can pass the costs on to

Consumers in the form of higher prices

Kim uses her new recording Let's Go, the guitar solo from Malcolm's digital sound recording without his permission. This is

Copyright infringement

County Zoning Commission classifies Dale's vacant land as single-family residential. This is not in accord with the general plan which designated the area commercial. Surrounding parcels are zoned commercial. Under the equal protection of the Fourteenth Amendment, this is

Discriminatory

Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a

Duress

Location! Realty LLC is a limited liability company. Like other LLCs, for federal jurisdiction purposes, Location! Realty is most likely a citizen of

Every state in which its members are citizens

Glen, the owner of Harvest Farm, and Ima, the tenant of the farmhouse on the property, may create a fixed-term tenancy by

Express contract

Elin, an agent for First Credit Corporation (FC), enters into an unauthorized contract with Great Expectations, Inc. (GE), purportedly on FC's behalf. This contract will be enforceable if it is ratified by

FC

A closed shop is a workplace that rejects union memberships as a condition of employment

False

A contact is always enforceable even if one party is aware that the other party made a mistake of fact

False

A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the internet

False

A judge's function is to make the law

False

A kickback for a special favor or service is not considered a bribe

False

A misdemeanor is a crime punishable only by a fine

False

A trial commences with the plaintiff's attorney's direct examination of the first witness

False

After every strike, strikers have a right to return to their jobs

False

An act that causes indignity is sufficient to recover for the infliction of emotional distress

False

An assignment of the interest of a limited partner dissolves a limited partnership

False

An employee who works more than eight hours must be paid overtime

False

Assisted negotiation describes proceedings for minors and other parties who lack contractual "capacity"

False

Borrowers are required to recite the terms of their loans in clear, readily understandable language so that lenders can make rational choices

False

Compensatory damages are foreseeable damages that arise from a party's breach of a contract

False

Federal courts are superior to state courts

False

Federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy

False

If a contractual promise is not fulfilled, the person who made it is not subjected to the sanctions of the court

False

If an investigation reveals a suspected violation of an administrative ruler, the agency can not issue a formal complaint against the suspected violator

False

In a judicial foreclosure, the lender is allowed to foreclose on and sell the property without judicial supervision

False

In a sole proprietorship, the proprietor shares the burden of any losses or liabilities incurred by the business enterprise with the government

False

In contract law, "consideration" refers to the courtesy that one party shows another in negotiating a deal

False

It is not identity theft to use a fabricated identity to access financial resources online

False

Most cyber crimes are "new" crimes

False

No offer may be revoked before it is accepted

False

No state has adopted the Uniform Commercial Code in its entirety

False

Only a limited partnership's limited partners have a fiduciary obligation on the other partners

False

Ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability

False

Pretrial mediation is never mandatory

False

Statutory law does not include county ordinances

False

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request

False

To succeed in a strict product liability suit, an injured plaintiff must be more than a mere bystander

False

Uniform laws apply in all states, including those in which the laws have not been adopted.

False

When a contract party alters a written contract, the other party must adapt his or her performance accordingly

False

Velma borrows $110,000 from Watershed Bank to buy a home. If she fails to make payments on the mortgage, the bank has the right to repossess and auction off the property securing the loan. This is

Foreclosure

Refer to fact pattern 16-1A. Under federal law, if 24-Hour Credit fails to provide certain material disclosures with respect to the loan, Benny's right to rescind the loan

Is extended for up to three years

Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" his employer's computer time to start up his own business, Rowdy Drenchers. This is

Larceny

Inger is a franchise of Honey Bear Restaurants, LLC. Their contact gives Honey Bear the right to control virtually all aspects of Inger's operation, including the hiring of employees. One of the employees, Joris commits a tort against Kiley, one of Inger's customers. Miley files a suit against Honey Bear. Honey Bear is most likely

Liable because Honey Bear exercises control over Inger's operation

Mixing Equipment, Inc., (MEI), makes paint-mixing equipment. Nia is injured by a defective MEI mixer. A statutes restricts the time within which, after Nia is injured, she may file a product liability suit. This is a statute of

Limitations

Grady, an obese, individual, files a suit against Fry Fast Food Corporation (FFFC), alleging that FFFC's food os unhealthy because, as Grady knows, it contains high levels of cholesterol and saturated fat. Grady is most likely to

Lose, because Grady knows of the foods unhealthiness

Refer to Fact Pattern 17-2A. Mace dissociated for networx. Luann signs a contract with Physik Drives, a wholesale component supplier, apparently on Networx's behalf. Physik does not know of Mace's dissociation. The contract is binding on

Luann, Mace, and Networx

Ray breaches his lease with Sunny Properties and vacates the premises six months before the end of the term. In some states, Sunny would have to

Make reasonable efforts to relent the premises to mitigate damages

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress

Makes the laws

The Food and Drug Administration (FDA) is investigating reports that the Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands of the particular documents from Caplets

Must be general so as to force an uncooperative party's compliance

Jolie signs a contract that Keaton, an unlicensed physician, to perform plastic surgery-- a medical procedure. This contract is enforceable by

No one

During a union election campaign at Western Hydraulics Company, the Union can campaign on Western's property in

Non-work areas during non-work time

Refer to Fact Pattern 17-1A. Desi and Gwen are

Not partners, because Gwen does not have an ownership interest or management rights in eSites

Ruth owns a home on which she has two mortgages provided by Security Bank. Town Refinance Inc. tells Ruth that it can refinance the loans to reduce her payments. Town Refinance provides all of the required documents, which accurately state the payments under the new loan as higher. Ruth does not read the documents. Town Refinance is most likely liable for

Nothing

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an internet service provider. Most likely to be held liable for the remark is

Oakley

Lewis is a state court judge. Like other judges, Lewis often refers to secondary sources of law for guidance. These sources include:

Official comments to statute

TransCorp, Inc., and UniShip, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may

Order a party to submit to arbitration

Wild & Scenic River Tours, Inc., is a corporation. Wild & Scenic has the implied power to

Perform all acts reasonably appropriate and necessary to accomplish its corporate purposes

The Securities Exchange Commission is an administrative agency. The chief purpose of such agencies is to

Perform specific government functions

Lark enters into a contract to mine limestone in Milena's quarry, sell it, and share the prophesy on its sale with Milena. If the duties under this contract are discharged like those under most contracts, the duties will be

Performed

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

Protected

Joy invites Ken into her apartment. Ken commits trespass to land if he

Refuses to leave when Joy asks him to go

Kelsey promised to pay Jon, her son, $5,000 if he obtains his degree at Ivy University, where he is currently in his second year. Jon graduates. Kelsey is

Required to pay, because Jon obtained a degree at Ivy.

Panini Vittles, Inc.,contracts with vino to deliver its sandwiches. Later, the parties decide to cancel their contact. They can

Rescind their contract to the extent that it is executory

From a location in Asia, Basil sends spam to U.S email addresses touting a variety of deceptive scams in an attempts to dupe unwitting recipients into revealing their bank account and credit card numbers. Under the U.S Safe Web Act, the federal Trade Commission can

Share information with foreign agencies to investigate and prosecute

Home Healthcare Services wants its employees and applicants to undergo genetic testing. Home may

Test its employees for a genetic predisposition to a disease

Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes

The crops and the trees

After notice-and-comment rule making, the U.S Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer the BLM's interpretation of

The facts and the law

Ulrica wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include

The facts establishing Ulrica's basis for relief

Ric designs a new computer hard drive, which he manes "Sci Phi". He also writes the operating manual to be included with each final product. Rick could obtain patent protection for

The hard drive only

In an action against Elin, Frank obtains a remedy. This is

The legal means to recover a right or to redress a wrong

Carl sells Direct Marketing Enterprises, a sole proprietorship, to Eve. This is a transfer of

The ownership of the business

Phil agrees to work for Vacation Resorts, Inc., as a chef. In determining whether a contract has been formed, an element of prime importance is

The parties' intent

Sven receives an MP3 player stolen from Thomas. To be criminally liable, Sven must know

The player is stolen

Kailin owns a farm near Manhattan, Kansas, with a farm house, barn, and other structures permanently attached. Kailin grows soybeans on the property. A pond lies within the boundaries. Lands includes

The pond, the soil, and the the structures

The U.S Fish and Wildlife Service uses notice-and-comment rule making. This involves a period during which

The public is asked to comment on a proposed rule

A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply

The statute

The process behind the production of "Numb3rs", a suite of business accounting and inventory software, is protected by

Trade secrets law

A corporation is a legal entity created and recognized by federal law

True

A forum-selection clause in a contract designates which nation's law will be applied to any dispute

True

A franchise is a contractual arrangement

True

A holding company is a company whose business activity consists of holding shares in another company

True

A limited liability company (LLC) formed in one state but doing business in another state is referred to in the second state as a foreign LLC

True

A profit is the right to make limited use of another person's real property without taking anything from the property

True

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products

True

A reference to "28 U.S.C Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code

True

A state cannot regulate the overall appearance of a community

True

A unilateral is a promise for an act

True

Acts of purported agent in and of themselves can create an agency by estoppel

True

An agents authority to act on behalf of a principal must be actual and apparent

True

An employer must verify a prospective worker's eligibility for employment in the United States and abroad

True

An unauthorized scan of a bank account can be an invasion of privacy

True

Any crime that requires knowledge of computer technology for its investigation is a computer crime

True

Damages are designed to punish a breaching party and deter others from similar conduct

True

Final administrative rules have binding legal effect unless the courts overturn them

True

Forcing someone to enter into a contract through fear created by threat is duress

True

If a discovery request involves confidential business information, the scope of the request can be limited

True

If a homeowner defaults, the lender has the right to foreclose on the mortgages property

True

If property is owned as community property, a spouse owns an undivided one-half interest in it

True

If the meaning of a statute's language is unclear and an agent interprets it, a court must overturn the interpretation

True

In most states, employers who show an ability to pay claims do not need to buy workers' compensation insurance

True

Laws governing franchising are designed in part to prevent franchisors from terminating franchises without good cause

True

Many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action

True

Misrepresentation of a material fact can occur through conduct alone

True

Most contracts need to be performed to personally satisfy the party to whom performance is owed

True

Normally, if employees are informed that their communications are being monitored, they cannot expect those communications to be private

True

Ratification occurs when a principal accepts responsibility for an agents unauthorized act

True

Some states require franchisors to provide resale disclosures to prospective franchisees

True

The checks and balances in the U.S Constitution prevent any one branch of government from exercising too much power

True

The degree of care to be exercised in a situation can vary with a person's profession or occupation

True

The duration of a franchise is a matter to be determined between the parties

True

The establishment clause of the U.S Constitution prohibits the federal government from promoting a religion

True

The first amendment does not protect commercial speech as extensively as noncommercial speech

True

The goal of meditation is to work out a resolution that benefits both sides

True

The taxing and spending clause of the U.S Constitution has had a greater impact on business than any other clause in the constitution

True

Theft of confidential data by industrial espionage is a theft of trade secrets

True

Tortfeasor is the term for a person who commits a tort

True

Under the police powers, states can regulate only public activities, such political demonstrations

True

Property Financial Corporation makes loans that qualify, under a Federal Reserve Board amendment to Regulation Z, as Higher-Priced Mortgage Loans (HPMLs). Quinn applies to Property Financial for an HPML. To make the loan, the lender must

Verify the borrower's ability to repay the loan

Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for

Wrongful interference with a business relationship

Diego is a truck driver for Entertainment Supplies Company (ESC). Diego does exactly what ESC tells him. Diego is

an employee

An employer's refusal to bargain over certain subjects demonstrates a lack of good faith

true?