BLW 8-14

Hunter bought a new Turfmate brand lawn mower from Equipment Depot. While mowing the lawn, the blade stopped moving. Hunter tipped over the mower and gave the blade a push with his hand despite the warning on the mower not to tip over the mower or touch the blades. The mower started back immediately, and Hunter's hand was severely cut. Who will be liable for Hunter's injuries?

Hunter

"Taking the Fifth" means:

Refusing to testify to prevent self-incrimination.

Which of the following questions on a credit application would be a violation of the Equal Credit Opportunity Act?

a. "What is your country of origin?"

Which of the following contract subject matters must be evidenced by a writing to be enforceable under the statute of frauds?

a. A contract for the sale of an easement for $75.

Cindy Bonfield posted the following on her Facebook page, "My friend Eliza just stole an Apple phone from Walmart. Can you believe it?" Eliza was working at the time and did not steal the phone. Which of the following statements is true?

a. Cindy has defamed Eliza.

Which of the following is true about the Bureau of Consumer Financial Services (CFSB)?

a. It refers cases to the Department of Justice for violations of disclosure requirements or misrepresentations related to financial transactions.

Kevin, an aspiring lawyer, contracts to represent a client for a reduced fee because he has not taken the bar exam yet. According to the law, which of the following is true in this situation?

a. Kevin cannot collect any fees from his client.

Lowe's advertised a barbeque grill for $99 in a newspaper. When the Smiths arrived at Lowe's to buy the barbecue, a Lowe's salesperson said, "Oh, we don't have any in stock, but what you need is this model for $149." Lowe's had no $99 barbecues in stock, even before the ad was placed.

a. Lowe's has engaged in bait and switch.

Day 1 - School teacher sends superintendent a letter of resignation. Day 4 - Superintendent mails letter accepting resignation. Day 5 - School teacher hand delivers letter withdrawing resignation. Day 6 - Teacher receives superintendent's letter.

a. The resignation was accepted and the withdrawal is too late.

Melanie: "I'll buy that desk for $775." Judith: "It's not for sale." Melanie: "How about $875?" Judith: "I don't know. It's been in my family for 130 years." Melanie: "How about $1,000?" Judith: "I'll think about it."

a. There is no contract.

Stewart Parnell, the former CEO of the now-bankrupt Peanut Corporation of America, was charged with falsifying food safety reports required by the FDA. The reports certified that his peanut base product was salmonella free. In some cases, the tests were not yet complete when the certification was done and in other cases the tests indicated the presence of salmonella.​

a. arraignment

Carlos Espinosa wanted to begin an exercise program and decided to enroll in a local aerobics class. He was told that he would need proper aerobic work-out shoes. Carlos went to an athletic shoe store and explained his needs to the salesclerk and also added that since he had never done aerobics, he was unsure what type of shoe he would need. The salesclerk recommended a shoe that Carlos purchased. When Carlos arrived at aerobics class, his instructor said his shoes were not appropriate for aerobics and that Carlos might injure himself if he used them for the workout. When Carlos returned to the store with the shoes, the store refused to exchange them, citing the three-day limitation on returns. Suppose Carlos's sales receipt had stamped on it in red letters "AS IS." The shoe store:

a. is within its rights to refuse to take the shoes back.

Which of the following types of contract is described as an agreement to do something that is illegal or against public policy or one that lacks legal elements?

a. A void contract

Kristen took her computer to a shop called A1 Computers to have it repaired. She told the technicians at the shop that her computer seemed to have a virus. She asked them to remove any viruses they found and to install a new virus protection software. The next day she returned and paid $250 for the repairs and the program and left. At home, when she tried to turn on the computer, it would not turn on. She took it back to the repair shop, and the technicians stated that they did not know what had happened. They, however, said that they would refund her $250. She filed a lawsuit and demanded that they not only refund her money but also buy her a new computer comparable to the old one. For what type of damages is Kristen asking?

a. Compensatory and incidental damages

Hamburger Hamlets, Inc. is a chain of fast-food restaurants. Its major competitor is Sam's Sandwiches, Inc. Sam's Sandwiches's public relations vice president issues the following statement, "We have documented proof that Hamburger Hamlets uses horse meat in its burgers." The statement was later proved to be false. Which of the following statements is true of this scenario?

a. Sam's Sandwiches could be liable for defamation.

Super Crafts is a large arts and crafts store. It is the major purchaser for ColorFull Paints. Recently, Super Crafts told ColorFull that they would have to lower their price to $1 per bottle, which is below cost, otherwise Super Crafts would no longer buy their paint. Either way, it will probably result in ColorFull Paints going out of business. Which of the following is true?

a. Super Crafts is in violation of vertical trade restraints.

Cyberstudy is an online company offering help to students studying for certain certification exams. The students pay per hour to get online tutoring from an expert in their field of study. Cyberstudy is now under investigation for fraud after it was found that their tutors were not experts but were using stolen copies of the exam to give answers to the student. Which of the following is true in the context of this scenario?

a. The company can be charged with a cybercrime.

Imani is going to work as a lifeguard at the Big River Water Park. As a part of her new hire package, she was asked to sign several documents, one of which stated that the water park would not be held responsible for any injuries that happened to her during the course of her work. Which of the following is true?

a. This type of clause would not be enforced by the courts.

1. A contract is a promise of performance that can be enforced by law.

a. True

2. It is difficult to determine which contracts are UCC contracts and which are common law contracts.

a. True

The Restatement (Second) of Contracts addresses common law contracts.

a. True

A local liquor store posts the checks of customers that are returned from the bank. The store manager says the public display of the checks is a good way to deter other bad-check writers. The display of the checks is:

a. an invasion of privacy.

Pestro is the manufacturer of a weed killer that is used in public parks in Metroville. After the parks were sprayed with the weed killer, a group of children became ill and required hospitalization. Two dogs that had been with the group died. The parents of the children and the dog owners could:

a. bring suit against Pestro under 402A even though there is no privity.

Jay Farnswood is the president of a local group of real estate agents. At their monthly luncheon meeting, Farnswood tells his colleagues that he simply cannot survive by charging a meagre 5 percent commission rate. He says, "I do not know what the rest of you are going to do, but as an organization we all need to start charging 6 percent commission on our listings." Farnswood's statement:

a. constitutes price fixing.

Riko is a certified public accountant (CPA) with a public accounting firm. A client of Riko's has called to tell her that the Securities and Exchange Commission (SEC) is investigating the firm for possible misrepresentations and embezzlement in the company's financial reports. Riko is worried that she may have pushed the envelope in allowing some of the revenues of the client to be reported as they were. Riko shreds several sets of notes from her meetings with the client on revenue recognition. Riko:

a. is probably guilty of obstruction of justice.

under the Equal Credit Opportunity Act (ECOA), it is unlawful to discriminate against an applicant for credit on the basis of:

age

Stanislaus County, California, awarded a contract for the construction of a water treatment plant to Black & Veatch. Black & Veatch purchased pipe for installation to and from the plant from a supplier who worked with representatives from Black & Veatch to determine a pipe that would work for the soil and weather conditions near the plant. Black & Veatch followed the suppliers recommendations. After the plant opened, there were significant problems with the pipes' failure rates. Which of the following statements is correct?

b. The supplier has liability for breach of implied warranty of fitness for a particular purpose.

Which of the following would not be classified as libel?

b. a true statement

Several law firms in the Detroit area have met and agreed not to charge more than $200 for a simple will so that they can more effectively compete with the increasing number of legal clinics. The agreement for a price maximum is:

b. constitutes price fixing and is an antitrust violation.

Angela, age 17, is injured in a car accident and receives $5,200 in medical treatment at the emergency room. The hospital sends a bill to Angela, who signed the admitting form in which she agreed to pay for the treatment. ​Suppose that Angela turned 18 between the time of the accident and when she received the bill. Angela:

b. must pay the bill because medical treatment is considered a necessity.

The statement, "All used-car dealers take advantage of customers" is:

b. not defamation.

The duty of landowners that they owe to trespassers is to:

b. not intentionally injure them.

Which of the following is not a per se violation of the antitrust laws?

b. predatory pricing

The Listeria found in Blue Bell ice cream is an example of:​

b. ​a breach of the implied warranty of merchantability.

Justin saw an ad from Big Buys Electronics stating that it had brand new computers for only $250. When he went to Big Buys to purchase one of the computers, he was told that it only had one of those and that it had already been sold. The salesperson showed him some other computers, and Justin ended up paying $550 for a computer. When Justin got home, he realized he had been conned into buying a more expensive computer. Which unlawful sales tactic was Justin a victim of?

b. Bait and switch

Aisha Braxton is the CEO of Meta Financial, Inc. During a federal investigation concerning the company's financial procedures, it was found that Braxton had certified her firm's financial documents as correct and accurate. In the wake of the investigation, Braxton now claims that she does not know anything about the accuracy of the financials and signed them based on the accounting department's assurance of their correctness. What is the likely outcome?

b. Braxton will face criminal penalties because she certified the statements.

A quasi contract is a type of voidable agreement.

b. False

Which of the following statements is true of a subprime loan?

b. It is a loan with higher interest rates and large prepayment penalties.

Yang at ABI Roofing Supply discovers that one of his competitors, Eagle Roofing Supply, opened a store in the same small town. Yang tells his salespeople to cut their prices below cost and do whatever they have to do to put Eagle Roofing Supply out of business within one year. Which of the following is true about Yang's behavior?

b. It would be considered a horizontal restraint of trade.

Jason Ormand was arrested on suspicion of sexual assault. The arresting officers did not give Jason his Miranda warnings. Jason confesses to the assault. The DNA evidence taken from the victim shows with 99 percent certainty that Jason was the attacker. Which of the following is true?

b. The case can still proceed with the DNA evidence.

Mrs. Glover went into a local pharmacy with her three-year-old daughter Abby to pick up a prescription medication for cough syrup. The pharmacist could not get the child-proof cap closed but handed the bottle to Mrs. Glover anyway. While driving home, Abby grabbed the bottle and put it in her mouth, drinking a small amount of the prescription medication before her mother could take it away from her. Abby was taken to the hospital to receive treatment. Mrs. Glover sued the pharmacy for the faulty cap. Which of the following is true of this scenario?

b. The pharmacist is guilty of negligence.

The Morrisons plan to purchase their first home in a new town. They do not know much about the area, so they ask the real estate agent to show them homes in a quiet neighborhood. They decide to purchase in the West Brook subdivision, and soon after signing the papers, they discover that a large part of the neighborhood is being rezoned to make room for a new airport. When questioned, the realtor admitted knowing about the rezoning but that it would probably be years before the project started, so the realtor was not obligated to tell them about it. Which of the following is true?

b. The realtor is guilty of misrepresentation.

Valley Technology, Inc. runs a 24-hour manufacturing facility that consists of a manufacturing floor, office space, and a kitchen where employees can store and prepare food during their shifts. When Morgan tries to cut some fruit to eat during a lunch break, she accidentally cuts her hand with the knife. The cut is deep and results in a trip to the emergency room for stitches. Which of the following is true of the scenario?

b. Valley Technology should claim assumption of risk.

American Bikes manufactures all types of bicycles using parts purchased from various suppliers. If American Bikes were to merge with Whitman Wheels, the manufacturer of bicycle tires, what type of merger would this be?

b. Vertical merger

The sellers of "Acne-Statin," a skin cream, claim in ads that their cream "cures acne." The American Association of Dermatologists has determined that there is no cure for acne but only creams that can curb breakouts. The ad claims:

b. breach an express warranty.

Jane Mitchell, age 16, is shopping at her neighborhood Osco Drug Store. She is looking at magazines as she waits for a friend. She decides to purchase a magazine and then waits for her friend outside the store. She pays for the magazine and as she is heading for the door, the store manager uses the store's loudspeaker system to announce, "You, with the green hair and the maroon Doc Marten's on. Yes, you, by the front of the store. I saw you take that magazine. Stop right there, you thief." The manager's statement:

b. constitutes slander.

John Reisen is driving home after working the late shift and runs a red light, hitting Anaya's car and causing her injury. Reisen has committed the tort of:

b. negligence.

Pool Line is the manufacturer of a pool cleaning system that has been called "the miracle of a lifetime" by the pool construction industry. The cleaning system is very effective and recommended by all consumer magazines. The result is that 93 percent of all new pools have the system, and 94 percent of all pool owners buying replacement systems choose Pool Line. Pool Line's competitors have brought suit charging Pool Line with monopolization of the pool cleaning market. Pool Line:

b. probably has a valid defense of superior skill, foresight, and industry.

Paddock Pools constructed a swimming pool and deck for the Jensen's home. Paddock installed the wrong trim on the pool. It would cost $2,800 to change the trim—one-fifth the total cost of the pool. The Jensen's refuse to pay anything for the pool. Paddock's best defense is:

b. substantial performance.

The manufacturers of several designer purses meet and agree not to sell their purses to Jolie's Department Store because of Jolie's practice of discounting all items 20 percent below the retail costs at other stores. The manufacturers are concerned about maintaining their images of exclusivity and quality. The agreement among the manufacturers:

b. violates the Sherman Act because it is a boycott.

Which of the following statements (if later established as untrue) would constitute a misrepresentation defense to contract formation?

c. "This farm's well is adequate for household, ranch, and crop needs."

Sekelow Enterprises is a debt collection agency. It uses postcards to contact consumer debtors it is attempting to collect from for its clients. The name "Sekelow Enterprises" and the company address appear on the postcards used along with: "VERY IMPORTANT: PLEASE CONTACT US ABOUT YOUR DILLARD'S DEBT."

c. Sekelow has violated the Fair Debt Collections Practices Act.

James Woodall put his garbage can out on the sidewalk in front of his house for pick-up by the city sanitation department. Woodall put the garbage can out at 6:00 p.m.. The police had been conducting an undercover drug investigation in Woodall's neighborhood. At 9:00 p.m. that night, the officers working the neighborhood searched Woodall's garbage and found drug paraphernalia. The officers then conducted a stake-out from the house across the street from James's home. The officers witness James accept a delivery of meth and arrest him. Which of the following is true?

c. The search of the garbage and the stake-out do not violate the Fourth Amendment.

Which of the following statements would be a basis for claiming misrepresentation?

c. This car has the fastest zero to 60 acceleration on the planet.

The tort of false imprisonment:

c. is also known as the "shopkeeper's tort."

The manufacturers of several designer purses have met and agreed not to sell their purses to Jolie's Department Store because of Jolie's practice of discounting all items 20 percent below the retail costs at other stores. The manufacturers are concerned about maintaining their images of exclusivity and quality. The agreement among the manufacturers:

c. protected under the Noerr-Pennington doctrine.

Elon, age 17, has entered into a contract to buy a car. The contract is:

c. voidable.

Troy Nolan, age 17, was in a Games and Stuff store browsing. Troy frequented Games and Stuff but did not always make a purchase. After 45 minutes of looking, Troy picked up his skateboard, put his hand in his pocket, and headed toward the door. The day manager yelled from the back of the store to the cashier at the front of the store, "Stop the kid with the skateboard. He's stolen two games." There were 22 people in the store who heard the statement. Troy had not taken the games. Troy:

c. will be successful in a defamation suit against Games and Stuff.

Javier Fields is on the board of directors for Top Flight Aviation, Inc. During a federal investigation, it was found that Top Flight had worked with a supplier of parts to fix prices so that Top Flight got a better deal. Fields, along with the other board members neglected to implement or regulate Top Flight's internal control in order to prevent fraudulent actions like this. Now, the board members are being charged with criminal responsibility. Which of the following is true in the context of this scenario?

c. Board members can be charged for failing to monitor the company properly.

Sierra decided to paint her house. She gave the salesclerk at DYI Warehouse a swatch labeled "sunshine yellow" and asked the salesclerk to mix the paint using the Hitone brand of paint. When she arrived home and opened the cans, the paint was a greenish-blue color that she did not like. She took the cans back to the store and asked for her money back. The salesclerk refused but said that he could re-mix the paint and that she could buy five more cans. Which of the following is true of this scenario?

c. DYI Warehouse is in violation of the implied warranty of fitness for a particular use.

Kito was called to testify as a witness in a trial in which his supervisor, Martin, is accused of harassing and abusing one of his co-workers. The trial was covered by several media outlets, including local television and newspapers. When Kito took the stand, he lied about having witnessed the abuse. Now, Martin is suing Kito for defamation. Which of the following is true of this scenario?

c. Kito is not guilty of defamation because he is a witness in a trial.

An office manager, Jayla, purchased three new copy machines from Midtown Office Supply. When the machines arrived, she was told that in order to have them installed, Jayla would also have to agree to buy all of the copy supplies from their store. In return, she would receive a 10 percent discount on those supplies. Which of the following is true in the context of this scenario?

c. Midtown Office supply is in per se violation of the Clayton Act.

On Monday, Rosa agreed to buy Joey's car for $8,000 when she gets paid on Friday. They have signed a written agreement with the terms that she will pay him $100 per week until the car is paid for. On Thursday, the car is involved in an auto accident and is totaled. Does Rosa have to pay for the car?

c. No, because the car is totaled and no longer exists.

Jasper Construction, Inc. has the job of demolishing a small building in a busy downtown area. The streets are blocked off and barricades are erected to avoid possible injuries, but some of the debris from the wrecking ball is projected into the windows of the building next door. No one is hurt, but there is extensive damage to the neighboring building. Of what type of tort is Jasper Construction in violation?

c. Strict tort liability

The Federal Bureau of Investigation (FBI) has developed a new technology that enables its agents to listen to conversations in homes from vans parked in the street outside the homes. While listening to conversations in one neighborhood, the FBI uncovers a meth lab. Agents move in and arrest those in the home without a warrant. Which of the following statements is correct?

c. The FBI is required to have a warrant to listen to the conversations.

Great Northern Bank makes loans to thousands of individuals and companies. They are under investigation for their handling of several cash transactions of $100,000 or more from a seemingly legitimate business. The federal investigation discovered that the business was a front for an organized crime group selling illegal weapons. Which of the following is true in the context of this scenario?

c. The bank is responsible for reporting these transactions under the USA Patriot Act.

Jin, an actor, has filed suit against an online tabloid for using a photo of him on its website. The basis for Jin's complaint is:

c. appropriation.

Susan is eating a bowl of cream of broccoli soup in a bistro when she notices a portion of a caterpillar on her spoon. Susan's best basis for recovery is:

c. implied warranty of fitness for a particular purpose.

Gringo's Restaurant is a small restaurant located in a shopping center that has a grocery store (chain) as its anchor tenant. Luiz Mestado, the owner of Gringo's, has just negotiated its sale to Wilma Freestone who owns the grocery store. Their contract includes the covenant not to compete, which provides that Mestado will not open a competing restaurant anywhere within a two-mile radius of Gringo's for a period of two years. The covenant not to compete is:

c. probably reasonable and enforceable.

What is the distinction between theft and embezzlement?

c. the entrustment of the property

Clothing for Accountants is a popular retail store owned by I.M. Material. Material has just sold the business to Phil Forma. Phil has asked that a covenant not to compete be inserted into the agreement. Such covenants are:

c. valid if reasonable in time and geographic scope.

Cindy had a contract with Mohammed, a minor who is 16 years of age, to repay Cindy $1,000 plus interest on January 1, 2019. The loan was used to buy a computer. It is now August 1, 2020, and Cindy has not received any payment. Cindy wishes to file suit to collect the $2,000. Cindy's contract with Mohammed is:

c. voidable.

Which of the following statements would qualify for a defamation action (assuming the statement is false)?

d. "Jones pled guilty to a violation of campaign contribution laws."

A magazine ad features a photo of the head of Albert Einstein placed atop the photo of a young, muscular torso with loads of tattoos and the top of his underwear showing. The ad is one for General Motors and features the line, "Ideas are sexy, too." The Hebrew University of Jerusalem was given the rights to Mr. Einstein's works and names by his family when he died. GM says that it purchased the rights to use the Einstein photo from a reputable licensing firm. What would be the basis of a suit by the University against General Motors?

d. Appropriation

Which of the following statements is true about defenses to price discrimination?

d. If a company claims the defense of meeting the competition, the price difference must be limited to an area or individuals.

Laqueta Raphart was using the crosswalk on a street near her office. The light was red, but Laqueta stepped into the crosswalk anyway because she was texting. Janice Godfrey, who was driving her car in the other direction, had a green light and did not see Laqueta because she also was texting. Janice struck and injured Laqueta, who was hospitalized. Laqueta brought suit against Janice. Which of the following statements is true?

d. Janice has a defense of contributory negligence.

Which of the following is true about actions that can be taken against misleading comparative advertising?

d. The Federal Trade Commission can seek criminal penalties against a company that makes inaccurate product comparisons.

In Van Horn v Watson, the court concluded that in California the Good Samaritan laws:

d. apply to anyone offering medical care in good faith at the scene of a medical emergency.

Merchants' confirmation memoranda:

d. are signed by only one party.

Ana owns a citrus tree farm near Mesa, Arizona. Ana and her family have fertilized the trees each spring for 52 years. The water from the farm carrying fertilizer remnants flows into the nearby Salt River. When investigators from the Environmental Protection Agency (EPA) discover the fertilizer in the river and trace the unique brand to Ana, they indict her for violation of the Clean Water Act for the discharge of a substance into a waterway. Ana responds, "I did not know there was fertilizer in the water. I was just letting the water flow out." Which of the following is true of Ana?

d. Ana can raise the defense that she did not knowingly release fertilizer into the waterway.

Ariel McClellan was using an underarm aerosol deodorant one morning while she was smoking a cigarette. The deodorant had this warning in large letters on the side of the can: "DO NOT USE AROUND HEAT, FLAME, OR WHILE SMOKING." The deodorant was ignited by the cigarette in her hand, and the flames quickly spread to her silk robe. McClellan was severely burned and will have permanent scarring. Who is liable for her injuries?

d. Ariel is responsible.

Emma and her friends bought fireworks for a big Fourth of July celebration. While setting off some of the fireworks, the wind blew the sparks into a tent setting it on fire. The fire then spread to Emma's house doing $200,000 worth of damage before it could be put out by the fire department. Emma is now suing the maker of the fireworks. What would be the best defense for the fireworks manufacturer?

d. Assumption of risk

Chiara Sandren purchased a toaster from Standard Electric. While using the toaster the day after it was purchased, Chiara discovered that the toaster slots were too small for a thick piece of bread. The bread was stuck in the slot. With the toaster still plugged in, Chiara used a knife to pry loose the toast and was electrocuted. Considering that Chiara's family files a suit against Standard Electric, which of the following statements is true?

d. Chiara's family would win if there were no warnings on the toaster about using knives to remove the toast.

Jordan worked in a manufacturing facility that required her to start a generator each day by opening a heavy door and pulling several levers. On Monday, Jordan was not wearing the required hardhat, and when she yanked the levers down, the door closed, and she sustained severe head injuries. During the investigation, it was determined that the door was faulty and would not stay open like it should. Jordan sued the company for $1 million, but during the trial, the jury decided that Jordan was 30 percent at fault for not wearing the required hardhat and the company was 70 percent at fault for not keeping the equipment in good condition. What defense to negligence did the company raise to get this ruling?

d. Comparative negligence

Jaylen purchased a new type of leash for his dog that was claimed to adjust to the size of a dog's neck and body. While wearing the new leash, his dog ran after a squirrel and was strangled by the leash before Jaylen could get the leash off the dog's neck. What would be the best type of product liability claim for Jaylen?

d. Design defects

Chris Sharton works for Atlantic Electronics in the accounting department. Sharton's daughter has a big project due on Monday, and their home computer is not working. Sharton takes the company computer home to use for the weekend. On Monday, he is met at the door by a security officer, and he is told to leave the building because he is being charged with embezzlement. Which of the following is true?

d. He is not guilty of embezzlement because his situation does not meet all the elements of the actus reus of the crime.

Which of the following is true of common law?

d. It is not uniform.

Which of the following is true of the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009?

d. It limits the frequency of companies changing a card holder's interest rate.

James Krieg has finished law school but has unsuccessfully taken the bar exam twice. Krieg is running low on patience and cash. He has begun writing wills to see him through this time of crisis and is charging $200 per will. Some of his clients have refused to pay him, and he wishes to take them to a small claims court. Which of the following statements is true in the context of this scenario?

d. Krieg's agreements are void.

Which of the following is not part of the CARD provisions on transfer of credit card balances?

d. Prohibitions on additional transfers by the card holder.

Bentley owes a credit-card company $18,000 and has not made a payment in four months. The account has been turned over to a collection agency that has been trying to contact Bentley to collect the money owed. The agency has tried to contact Bentley at work and at his parent's home. The agency has even resorted to calling Bentley in the middle of the night to get in contact. Which of the following is a true statement in the context of this scenario?

d. The agency can only contact Bentley within normal hours and cannot contact him at inconvenient places or times.

Tereza Allen, the CEO of Allen Chemicals, invited executives from several other major chemical companies to a meeting. At the meeting, she encouraged them to lobby the Environmental Protection Agency as well as other government agencies to reduce the high standards for emissions that had just been announced. She and the group agreed that the money required to meet the new emission standards would put a real dent in their profits. Which of the following is true?

d. The agreement is not in violation of trade restraints.

SuperStore's purchase patterns involved buying a wide variety and large quantities of household items such as soap, shampoo, and detergent. As a result, J&J Manufacturing sells their products to SuperStore for a lower price than they sell to Bateman's Store, which buys significantly smaller quantities of the same items. Which of the following is a true statement in the context of this scenario?

d. There is no violation of restraint of trade in this case.

Officer Muldoon is on foot patrol in Tempe, Arizona, when he sees an open garage door. He looks inside the garage and sees a statue that he knows is a rare artwork that was stolen the night before from a building downtown. Officer Muldoon:

d. is able to seize the evidence that can be seen.

The seller of a dry cleaning business has agreed not to open another dry cleaning business for two years within a one-mile radius of the sold business. Such an agreement:q

d. is valid and enforceable.

Merchants who do not require chip credit cards are unable to seek reimbursement for fraud from credit card companies.

false

The burden of proof for unauthorized use of a credit card is on the card holder.

false

Transfers of consumer credit balances to new credit cards are a lucrative area for banks and credit card companies.

false

In criminal procedure, the initial appearance:

is where bail is set

The implied warranty of merchantability requires:

proof that the seller is a merchant.