Business Law Midterm

Valley Paragliders Association files a suit against Wing Designers, Inc., claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the consideration if​ a) ​there is a large disparity in the amount of consideration exchanged. b) ​the consideration involves the performance of services. c) something of value passed between the parties. d) the consideration is worth less than $100.

C

A contract entered into by an intoxicated person is never valid.​ T or F

F

A contract that has been fully performed by the parties is an executory contract.​ T or F

F

A contract that is void from the outset can be enforced in some circumstances.​ T or F

F

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.​ T or F

F

A promise to do what one already has a legal duty to do constitutes legally sufficient consideration.​ T or F

F

An acceptance can materially change or add to the terms of the original offer without rejecting it.​ T or F

F

An arbitrary use of ordinary words may not be trademarked.​ T or F

F

An e-contract must meet basic requirements that are different from those required of a paper contract.​ T or F

F

As a defense to product liability, comparative negligence completely absolves a defendant of liability.​ T or F

F

Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine.​ T or F

F

Cybersquatting occurs when key words are inserted into a Web site's key-words coding to tell Internet browsers specific information about a Web page.​ T or F

F

Downloading music into a computer's random access memory, or RAM, is not copyright infringement, even if it is done without authorization.​ T or F

F

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.​ T or F

F

File-sharing software can be used to download others' copyrighted property without liability for any infringement.​ T or F

F

Generally, the strict liability of manufactures and other sellers does not extend to injured bystanders.​ T or F

F

Misrepresentation of law ordinarily entitles a party to relief from a contract.​ T or F

F

One of the requirements of a valid contract is an adequate price.​ T or F

F

Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.​ T or F

F

To be enforceable, a writing evidencing an oral contract must have been signed by the party who seeks to enforce it.​ T or F

F

In most states, the courts no longer grant "equitable" remedies.​ T or F

False

International law is the law of a foreign nation and varies from country to country.​ T or F

False

The U.S. Constitution explicitly mentions a general right to privacy.​ T or F

False

The legality of an action is always clear.​ T or F

False

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?​

Fazio must show that there was negligence on Dixie's part, and that her negligence caused Fazio's accident and all of the other events that happened in order to recover damages from Express Delivery. Express Delivery would have had a duty to fulfill and they did not follow through with that duty since Dixie did not set the parking brake. Dixie is liable for Fazio's injuries since she did not set the parking brake, thus not fulfilling her duty, but Fazio must show this.

Fay is mentally incompetent but has not been so adjudged by a court. Any contract Fay enters into is​ a) voidable if Fay has a lucid interval at the time of contracting. b) voidable if Fay lacks the capacity to comprehend the consequences. c) voidable if the other party does not realize that Fay is incompetent. d) unavoidable.

NOT B

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible​ a) ​if the appropriating site has nothing to do with the meta tag. b) if the two sites appear in the same search engine results. c) ​if the use constitutes trademark infringement. d) ​under no circumstances.

NOT C

Creighton applies to BigData Corporation for a position as a software engineer. Creighton's resume lists training in computers or programming and background as an engineer when in fact he has neither. After Creighton is hired, BigData learns the truth. BigData can​ a) not rescind the contract. b) ​rescind the contract on the basis of fraud. c) rescind the contract on the basis of mistake. d) rescind the contract on the basis of undue influence.​

NOT D

Fact Pattern 8-1​ Teatro Restoration, Inc., begins renovating an old theater for Urban Edge Productions, but after three months Teatro demands an extra $250,000. Urban Edge agrees to pay. Refer to Fact Pattern 8-1. If Teatro says it is asking for the extra $250,000 because it has encountered extraordinary unforeseen difficulties that will add considerable cost to the project, the agreement is​ a) ​enforceable as the consideration is past. b) ​enforceable because of unforeseen difficulties. c) ​unenforceable as an illusory promise. d) unenforceable due to the preexisting duty rule.

NOT D

Alison plots a new Black Widow adventure and carefully and skillfully imitates the art of Marvel Comics to create an authentic-looking Black Widow graphic novel. Alison is not affiliated with the owners of the copyright to Black Widow. Can Alison publish the novel as her own work without infringing on the owners' copyright?​

No, Alison cannot publish the novel as her own work without infringing on the owners' copyright. Her novel is a direct imitation of Black Widow graphic novels, and if she were to publish it this would be intellectual property theft.

A quasi contract is a fictional contract.​ T or F

T

An appellate court can reverse the decision of a trial court that erred.​ T or F

T

Any relevant material, including information stored electronically, can be the object of a discovery request.​ T o F

T

Because fraud actions necessarily involve wrongful conduct, courts may award punitive damages.​ T or F

T

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.​ T or F

T

If a voidable contract is ratified, the parties must fully perform their respective legal obligations.​ T or F

T

Performance can constitute the consideration that creates a contractual obligation.​ T or F

T

Small claims courts are inferior trial courts.​ T or F

T

The law does not restrict the "fair use" of methods for the circumvention of encryption software or other technological antipiracy protection for educational and other non commercial purposes.​ T or F

T

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.​ T or F

T

To be enforceable, a memorandum evidencing an oral contract must include the essential terms.​ T or F

T

On December 1, Petroleum, Inc., sent Rachel & Rico (R&R) a letter, via overnight delivery, offering to employ R&R to review Petroleum's tax situation for the current year for $10,000. In the letter, the company stated that R&R had ten days to accept. On December 5, R&R sent an e-mail message that stated, "The price for the tax analysis seems too low. Would you consider paying $15,000?" Petroleum received the message without responding immediately. The next day, Smith & Taylor, an R&R competitor, offered to conduct the appraisal for $8,000. On learning of this offer, R&R immediately e-mailed Petroleum, agreeing to do the work for $10,000. Petroleum received this message on December 7. Explain why R&R and Petroleum do, or do not, have a contract.​

They do not have a contract. Although they may have tried to accept the first offer within the allotted time, they first made a counteroffer. This means they both denied what was first offered, and also made another offer at the same time. The option contract was not supported by consideration, therefore it is revocable at will.

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.​ T or F

True

A motion for summary judgment may be made before, during, or after a trial.​ T or F

True

Business ethics looks at the decisions that businesses make or have to make and whether those decisions are right or wrong.​ T or F

True

State laws protect individuals' privacy rights.​ T or F

True

The Fourteenth Amendment guarantees a right to due process of law.​ T or F

True

Under the Constitution, the judicial branch interprets the laws.​ T or F

True

Ridgeline Excavation & Construction, LLC, creates an internal code of ethics. Like the codes of other firms, Ridgeline's company code is not​: a) law. b) ​a set of rules that the company can enforce. c) ​an outline of the company's policies. d) ​a guide for decision makers facing ethical questions.

a) Law

Gold & Sweet Company bottles and sells maple syrup from its plant in Vermont. On the labels is a logo that states "100% Genuine New England Maple Syrup Certified by the Northeast Maple Syrup Harvesters Association." This logo is​ a) a certification mark.​ b) ​none of the choices. c) ​a service mark. d) ​trade dress.

a) a certification mark.​

Twyla's dock is damaged in an accident caused by Ulric's negligence. Twyla agrees not to sue him if he will pay for the damage. If Ulric fails to pay, Twyla can bring an action for breach of contract. This is​ a) a covenant not to sue. b) an illusory promise. c) an unforeseen difficulty. d) a release.

a) a covenant not to sue.

Stefano transfers copyrighted music recordings, without the copyright owners' authorization, to his friends. This is​ a) copyright infringement. b) ​a license. c) trademark infringement. d) none of the choices.

a) copyright infringement.

Fletcher signs a contract to buy a new electric guitar and amplifier just before reaching the age of majority. After reaching the age of majority, Fletcher does not take possession or make payments. With respect to the contract, most courts would hold that this is a) disaffirmance. b) emancipation. c) ​ratification. d) ​rescission.

a) disaffirmance.

In studying the legal environment of business, students also review ethics in a business context. Ethics includes the study of what constitutes​: a) fair or just behavior. b) ​financially rewarding behavior. c) ​legal behavior. d) ​religious behavior.

a) fair or just behavior.

According to the view that New Allied Manufacturing Corporation is a "citizen," New Allied is expected to​: a) participate in bettering communities and society. b) primarily generate revenue for its owners. c) ​have no responsibility other than profit maximization. d) efficiently allocate scarce resources.

a) participate in bettering communities and society.

Fleet Trucking Company transports hazardous waste. Garn is a Fleet driver, whom the company knows drives longer hours than federal regulations permit. One night, Garn exceeds the limit and has an accident. Spilled chemicals contaminate Hill City's water source, forcing the residents to move away. Fleet acted unethically because​: a) ​Fleet showed reckless disregard for Hill City's residents and others. b) Garn exceeded the federal time limit. c) harm was caused by an unfortunate accident. d) Hill City should have better protected its water source.

a) ​Fleet showed reckless disregard for Hill City's residents and others.

Arrow Straight Corporation makes archery supplies. While using an Arrow Straight bow, Jamie is injured due to a defect in the bow that causes an arrow to misfire. Kaley, another archer standing by is also injured. In a product liability suit based on strict product liability, Arrow Straight may be liable to​ a) ​Jamie and Kaley. b) ​Jamie only. c) Kaley only. d) ​no one.

a) ​Jamie and Kaley.

Rough Water Fishing Trips, LLC, and Schafer enter into a contract for the delivery of a used freshwater fishing boat. Until the goods are delivered and paid for, these parties have​ a) ​an executory contract. b) ​no contract. c) a quasi contract. d) an executed contract.

a) ​an executory contract.

Robin claims that her contract with Stroud for tennis lessons is voidable. If their contract is avoided​ a) ​both parties are released from it. b) both parties must fully perform their obligations under it. c) a wholly different contract is agreed to. d) a wholly different contract is imposed "as if" the parties had agreed.

a) ​both parties are released from it.

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided​ a) ​consumers are confused. b) Bubbly's use is intentional. c) Bubbly's use reduces the value of Sparkly's mark. d) Sparkly's mark is registered.

a) ​consumers are confused.

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies​ a) ​general, universal legal principles. b) the provisions of the Federal Arbitration Act. c) ​jurisprudence developed by the United Nations. d) the law of California (or another specific U.S. jurisdiction).

a) ​general, universal legal principles.

Drake enters into a contract with Eve, who claims to have access to a stock-trading algorithm that will multiply an investment many times over. When the results do not match this promise, Drake learns that Eve does not have access to any unique software and files a suit against her, alleging fraud. Proof of an injury is required to​ a) ​recover damages. b) ​rescind the contract. c) undo Eve's influence. ​d) punish the defendant.

a) ​recover damages.

OntheWeb Company is an Internet service provider. OntheWeb's customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe's activity​ a) ​unless OntheWeb is aware of Phoebe's violation. b) unless OntheWeb is not aware of Phoebe's violation. c) ​unless OntheWeb shuts down Phoebe after learning of the violation. d) ​under any circumstances.

a) ​unless OntheWeb is aware of Phoebe's violation.

As chief executive officer of Alabama Archery Supplies, Bertrand applies ethical standards derived from religious principles. For businesses, religious principles can be​: a) ​a unifying force for employees. b) all of the choices. c) a rallying point to increase employee motivation. d) the basis for an action that leads to negative publicity.

b) all of the choices.

Lou asks Mark, a cobbler and shoe salesperson, to repair a pair of work boots. There is no discussion of a price, and Lou and Mark do not sign any documents. After the repair, Mark hands Lou a bill. With respect to Lou's obligation to pay the bill, this is​ a) an express contract. b) an implied contract.​ c) a quasi contract. d) no contract.

b) an implied contract.​

Lipstik, Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for​ a) product misuse. b) fraud. c) ​privity. d) ​puffery.

b) fraud.

Marketing Solutions Inc. promises to employ Niki as a software engineer. In reliance on the promise, Niki quits her job with Online Ad Company, but Marketing Solutions does not hire her. Most likely, Marketing Solutions is​ a) ​liable to Niki under the concept of rescission and new contract. b) liable to Niki under the doctrine of promissory estoppel. c) ​liable to Niki under the preexisting duty rule. d) not liable to Niki.

b) liable to Niki under the doctrine of promissory estoppel.

Business Properties, Inc. (BPI), offers to sell a warehouse to Corporate Investments. Corporate says that it will pay BPI $100 to hold the offer open for three business days. This​ a) creates an illegal contract by adding a clause to BPI's offer. b) makes the offer irrevocable for three days if BPI accepts. c) negates BPI's offer by changing the price term. d) ​voids BPI's offer by extending the time term.

b) makes the offer irrevocable for three days if BPI accepts.

Younger asks Zoey, "Do you want to buy one of my fishing rods?" This is​ a) ​a valid offer. b) not a valid offer because the terms are not definite. c) ​not a valid offer because Younger did not state an intent. d) not a valid offer because Zoey did not respond.

b) not a valid offer because the terms are not definite.

Sam, the chief accounting officer of Texas Fencing Corporation, wants to be sure that all the company's accounts are legal and ethical. Sometimes, however, he is unsure exactly what is legal and what is illegal. Sam should​: ​a) not worry about what is legal or illegal as long as the corporate officers benefit in the short run. b) try his best to not do anything illegal and keep documentation showing that he always acts in good faith. c) not worry about what is legal or illegal as long as it benefits the shareholders. d) ​not worry about what is legal or illegal as long as it benefits the directors of the corporation.

b) try his best to not do anything illegal and keep documentation showing that he always acts in good faith.

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for​: a) ​no court to exercise jurisdiction. b) ​a federal court to exercise original jurisdiction. c) a state court to exercise appellate jurisdiction.​ d) ​the United States Supreme Court to refuse jurisdiction

b) ​a federal court to exercise original jurisdiction.

Nyoko signs a covenant not to compete with her employer, Midstates Distribution, Inc. The covenant will be enforced if it​ a) ​does not require either party to obtain a business license. b) ​is reasonable with respect to geographic area and duration. c) ​relieves Midstates from liability for any injury to Nyoko due to simple negligence. d) none of the choices.

b) ​is reasonable with respect to geographic area and duration.

Carl and Debra orally agree on the sale of Carl's Electrical Supplies Company to Debra and jot down the terms on the back of one of Carl's blank invoices, which they both sign. A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain​ ​ a) all terms. b) ​the essential terms. c) the preliminary terms. d) the qualitative terms.

b) ​the essential terms.

Ricci, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Ricci is sued by motorists and hikers injured in the collapse. As a professional, Ricci is held to​ ​ a) the reasonable ordinary person standard. b) ​the reasonable engineer standard. c) the standard of professionals, including doctors, dentists, and lawyers. d) the standard expected by those injured in the collapse of the bridge.

b) ​the reasonable engineer standard

Mary works in the accounting department of New Trends Sales Company. Her job includes reviewing expense reports submitted by management and employees. In determining which expenses are "padding," Mary should apply to management​: a) a different set of principles from those that apply to employees. b) ​the same ethical principles that apply to employees. c) ​those principles that produce the most favorable financial outcome. d) whatever result is in the best interest of New Trends.

b) ​the same ethical principles that apply to employees.

ConnectWeb, Inc., operates a subscription-based service that extends the software and storage capabilities of its subscribers. This is​ a) ​dilution. b) ​peer-to-peer (P2P) networking. c) cloud computing. d) ​a distributed network.

c) cloud computing.

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have​ a)concurrent jurisdiction with federal courts. b) concurrent jurisdiction with other state courts. c) exclusive jurisdiction. d) ​no jurisdiction.

c) exclusive jurisdiction.

Neil, a minor, attempts to return to its former owner, a set of skis that he recently bought, used, and wrecked, in a state in which a duty of restitution is imposed. Neil a) can return the skis "as is" and avoid further liability. b) is not required to return the skis due to his or her minority. c) must return the skis and pay for the damage. d) ​cannot return the skis unless they can be fully restored.

c) must return the skis and pay for the damage.

D'Sean promises to pay his personal assistant Edie $50,000 in consideration of the services she provided over the years. D'Sean never makes the payment. D'Sean's promise is​ a) ​enforceable for the entire $50,000. b) enforceable to the extent of what Edie's services were actually worth. c) not enforceable because the consideration is in the past. d) not enforceable because the failure to pay is an unforeseen difficulty.

c) not enforceable because the consideration is in the past.

Gayla tells Franco that she will pay him $50 to haul the trimmed tree limbs and other lawn debris from her property. Franco's acceptance is complete​ a) ​as soon as he says he will do the job. b) ​once he starts to work. c) only after he hauls away the debris.​ d) when he hears the offer.

c) only after he hauls away the debris.​

Mediocrité, Inc., makes and sells goods that are substandard. Nancy, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Nancy does not have​ a) certiorari. b) jurisdiction. c) standing. d) venue.

c) standing.

Through fraudulent means, Finlay induces Ethel to sign a contract to invest with him the profits from her business. When Ethel learns the truth, she may​ a) only enforce the contract. b) only recover what she invested with Finlay. c) ​enforce the contract or recover what she invested with Finlay. d) do nothing.​

c) ​enforce the contract or recover what she invested with Finlay.

In 2016, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly's work is protected​ a) ​for ten years. b) for twenty years. c) ​for the life of the author plus seventy years. d) ​not at all.

c) ​for the life of the author plus seventy years.

iMeeMine Inc. develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for​ ​ a) the phone. b) ​the "newness" of the device. c) ​the name "Call Mee." d) none of the choices.

c) ​the name "Call Mee."

On Monday, Merlin buys a tablet for $500 from a Pads & Pods store. On Tuesday, he returns to the store and buys a GPS device for $200. On Wednesday, he downloads $100 worth of tunes from singsong.com. To be enforceable as a contract, a writing is required for the purchase of​ a) ​the tunes, the GPS device, and the tablet. b) ​the GPS device and the tablet only. c) ​the tablet only. d) ​the tunes only

c) ​the tablet only.

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is​ a) a certification mark. b) ​none of the choices. c) a service mark. d) a trade name.

d) a trade name.

SmartTalk, Inc., makes and markets cell phones and related accessories. When problems develop with SmartTalk products or sales, the company may be liable in product liability for any of the following except​ a) ​a manufacturing defect. b) ​a design defect. c) ​an inadequate warning. d) an ineffective marketing plan.

d) an ineffective marketing plan.

Intoxicated and not aware of the consequences, Umberto agrees to a two-year cell-phone service contract with Wander Talk, Inc., at more than the average market price. This contract is​ a) enforceable. b) not enforceable because contracting parties can change their minds. c) not enforceable because the contract clearly favors Wander Talk. d) not enforceable because Umberto was intoxicated enough to lack mental capacity when he agreed to it.

d) not enforceable because Umberto was intoxicated enough to lack mental capacity when he agreed to it.

Abner tells a representative of Brass & Woodwind Musical Instruments, Inc., that he will pay for Claudia's trumpet if she does not. Abner does not secure any personal benefit for this promise. This promise is enforceable as a contract​ a) under any circumstances. b) only if Claudia agrees to it. c) only if the value of the trumpet is more than $500. d) only if it is in writing.

d) only if it is in writing.

Moe applies nano technology to invent a device that reduces the half-life of spent plutonium rods used in nuclear-fuel reactors. He names the device "Halftime." He also writes Nano Nukes, a book about this invention and other uses for nano technology. Moe can obtain copyright protection for​ a) ​the device. b) ​all of the choices. c) ​the name "Halftime." d) the book Nano Nukes.

d) the book Nano Nukes.

Guardian Security, Inc., and Hedge Fund Corporation enter into an oral contract under which Guardian Security agrees to provide security services for Hedge Fund's offices for as long as Hedge Fund needs them. This contract may be enforceable by​ a) ​none of the choices. b) ​Hedge Fund only. c) ​any interested third party, such as a Hedge Fund shareholder. d) ​either Guardian Security or Hedge Fund.

d) ​either Guardian Security or Hedge Fund.

Liz and Moss disagree over the amount due under their con-tract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of​ a) ​arbitration. b) ​litigation. c) ​mediation. d) ​negotiation.

d) ​negotiation.

Rosalind, a seventeen-year-old, signs a contract to sell her car to Street Fleet Used Cars. The next day, Rosalind tells Street Fleet that she's decided not to sell the car. Rosalind is liable to Street Fleet for​ a) ​the cost of a car of comparable value. b) ​the value of her performance under the contract. c) the amount of its profit on the deal. d) ​nothing.

d) ​nothing.

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of​: a) regulations created by administrative agencies. b) ​constitutional provisions. c) ​statutes enacted by legislatures. d) ​parties' subjective motives for engaging in litigation.

d) ​parties' subjective motives for engaging in litigation.

Bob, research manager for CornAgri Products, Inc., applies utilitarian ethics to determine that an action is morally correct when it produces the greatest good for: a) Bob. b) ​CornAgri. c) the fewest people. d) ​the most people.

d) ​the most people.

Without authorization, Brady uses the trademark of Ciera Coffee Company to promote cheap, flavorless candy, which is not similar to Ciera's products but diminishes the quality of the coffee company's mark. This is​ a) cybersquatting. b) ​typosquatting. c) ​trademark infringement. d) ​trademark dilution.

d) ​trademark dilution.

Gene, an accountant, convinces his client Hazel to sign a contract to invest her savings in 2Gether, a nonexistent social-networking Web site. There is clear and convincing evidence that Hazel did not act out of her free will. This is​ a) duress. b) fraud.​ c) ​mistake. d) ​undue influence.

d) ​undue influence.

James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is​: a) an equitable remedy. b) ​an unenforceable demand. c) ​an action. d) ​beyond the court's authority.

​a) an equitable remedy

Sustainable Crops Corporation regularly expresses opinions on political issues, including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment, corporate political speech is​: a) discouraged. b) forbidden. c) ​protected. d) ​required.

​c) protected

Lyndon, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in a certain area off the Maryland coast. The Maryland state legislature enacts a law that bans all commercial fishing in that area. The state law most likely violates: a) no provision in the U.S. Constitution. b) ​the commerce clause. c) ​the due process clause. d) ​the supremacy clause

​d) the supremacy clause