Review Quest Exam 2
Noncompete clauses in contracts are ________________________. A. designed to prevent employees from ever taking a job with a competitor B. designed to keep an employee from taking a similar job with an actual competitor for a specified amount of time. C. aren't enforceable after an employee leaves to take another job D. none of these
designed to keep an employee from taking a similar job with an actual competitor for a specified amount of time.
Advertisers who make specific claims in their advertisements will be in compliance with FTC rules as long as they can go out and find data supporting those claims after the ads have been printed or broadcast. True False
false
Communications professionals, such as those working in advertising and public relations, will have almost no interaction with the law of contracts. True False
false
For a contract to exist, three elements are required: offer, promise and acceptance. True False
false
If you knowingly participate in a video for a class project for class use and your school ended up using that video in a television commercial, the school would have a good argument that you gave "implied consent" to be in the commercial. True False
false
In NY Times v. United States ("The Pentagon Papers" case), the Supreme Court affirmed the actions of the Court of Appeals for the Second Circuit. True False
false
In contract law, "consideration" must be in the form of money. True False
false
In the Central Hudson case, the Supreme Court developed a six-part test for assessing government regulation of commercial speech. True False
false
The SC "access" law allows for criminal prosecution of persons willfully violating the law. True False
false
The case of NY Times v. United States ("The Pentagon Papers" case) arose after the government sought to arrest the publishers of The New York Times and The Washington Post for printing excerpts of a classified document. True False
false
The law at issue in Valentine v. Chrestensen allowed the distribution of commercial handbills but prohibited the distribution of material devoted to "information or a public protest." True False
false
If a willing seller says "I will sell my motor scooter to you for $2,000," that statement is considered to be a(n) ________________. A. wishful thinking B. offer C. none of these D. acceptance
offer
Which of the following types of information is NOT exempt from the S.C. FOIA's disclosure requirement? A.X private information of a personal nature B. records that would compromise public safety or security C. records that would compromise an ongoing law-enforcement investigation D.X records about who is in jail
records that would compromise public safety or security
he SC "access" law is an example of a(n) ______________________. A. administrative regulation B. statute C. constitution D. none of the above
statute
A problem with oral contracts is that proving the terms, or conditions, can be challenging. True False
true
An advertisement suggesting that a mattress is "the world's most comfortable" is an example of advertising "puffery." True False
true
For the FTC to consider an advertisement to be deceptive, it must contain a "material" representation or omission. True False
true
In NY Times v United States ("The Pentagon Papers" case), the Supreme Court cited Near v. Minnesota as precedent regarding the constitutionality of prior restraints on speech. True False
true
In NY Times v. United States ("The Pentagon Papers" case), the Supreme Court affirmed the actions of the Court of Appeals for the District of Columbia. True False
true
In NY Times v. United States, Justice Black (joined by Justice Douglas) write that "every moment's continuance of the injunctions against these newspapers amounts to a flagrant, indefensible, and continuing violation of the First Amendment." True False
true
In Valentine, the "speaker" lost his appeal in the Supreme Court. True False
true
In contract law, if a neighborhood teen offers to mow your lawn in exchange for your old bicycle, the bicycle and the mowing of the lawn are forms of "consideration." True False
true
In the Central Hudson case, the government's ban on advertising was found to be unconstitutional. True False
true
In the absence of a signed release form, it may be possible to show that a photographer or producer had "implied consent" to use another's image in promotional campaigns. True False
true
The FTC is headed by five Commissioners, each serving a seven-year term. True False
true
The FTC's Division of Advertising Practices is located within the Bureau of Consumer Protection. True False
true
The FTC's Division of Advertising Practices lists six "enforcement priorities," including monitoring and reporting on the advertising of food to children. True False
true
The FTC's first stated goal is to protect consumers in the marketplace by preventing fraud, deception and unfair business practices. True False
true
When the Central Hudson test is used, the government will automatically win if the speech being regulated is determined to be misleading or related to unlawful activity. True False
true
f one party sues another for breach of contract, the legal claim would be filed as a civil action. True False
true
A contract that gives photographers and/or advertisers consent to use the name or likeness of persons appearing in advertising is called a(n) _________________. A.X privacy waiver B.X release C. lease D. indemnification agreement
. privacy waiver
In South Carolina, the "access" law says that for records more than 24 months old at the time of the request, a public body must notify the requestor of its determination regarding the release of the records within _________. A. 20 business days B. 5 business days C. 15 business days D. 10 business days
20 days
You're a reporter working on a story about local school-board spending. You want to know how much money has been spent in the last 18 months on the new football stadium being built at the county's largest high school. You ask for an itemized list, in PDF format, of all relevant expenditures. Which of the following statements is accurate? A. Your request must be in writing. B. If the school-board clerk (who makes $20 an hour) normally responds to FOIA requests but is out sick and your request is...... C. If the school board does not have such an itemized list, it may deny your request. D. If you submit your request Monday, March 21, .......not. E. If the school board has such an itemized list,...... F. If the school board has such a list in a Word document......
ACE
Which of the following types of contracts must be in writing to be enforceable? A. Contracts for the sale of cars. B. Contracts for the sale of farm equipment. C. Contracts for the sale of land. D. All of these.
Contracts for the sale of land.
A problem with oral contracts is that they cannot be legally binding. True False
False
The FTC has had the authority to battle "unfair and deceptive acts or practices" since 1914. True False
False
The FTC's Bureau of Competition is the bureau responsible for protecting consumers against fraudulent practices. True False
False
The FTC's authority to battle "unfair and deceptive acts or practices" was granted to it by the Supreme Court of the United States. True False
False
In South Carolina, the law that governs "access" is referred to as the_________________________. A.X S.C. Sunshine Law B.X S.C. Freedom of Access Act C.X S.C. Freedom of Information Act D. S.C. Freedom of Access and Information Act
Freedom of Access Act
In his "Six Lessons from a Five-Year FOIA Battle," Philip Eil's "Lesson #3": is that _________________. A. The media have a "blind spot" when it comes to reporting on FOIA violations. B.X Citizens and journalists should know their FOIA rights. C. FOIA fights are about money, as well as documents. D.X Journalists should be prepared to sue.
The media have a "blind spot" when it comes to reporting on FOIA violations.
Which of the following accurately describes state "access" laws, including that of S.C., in general: A. They require public bodies to provide advance notice of their meetings and conduct most meetings openly. B. They require that public bodies provide the general public with advance notice of their meetings. C. They require public bodies to conduct most meetings openly, so that the press and public may attend. D. They require public bodies to conduct most meetings openly and closed meetings are never allowed. E. They provide that meetings closed to the press and general public are never allowed
They require public bodies to conduct most meetings openly and closed meetings are never allowed.
A public body in South Carolina may make a charge for searching for and making copies of public records so long as the charge does not exceed the actual cost of doing so. True False
True
Holly received numerous catalogs in the mail as the Christmas season approached, each listing multiple items for sale at certain prices. According to the "Introduction to Contracts Law," the prices included in the catalogs would be considered solicitations of orders from the public and not contracts. True False
True
If willing buyer hears a statement from a willing seller that the seller "will sell my motor scooter to you for $2,000" and then responds by saying, "I accept," the second statement is considered to be a(n)_____________. A. none of these B. offer C. bad idea D. acceptance
acceptance
In South Carolina, a "public body" includes: A. Any entity supported in whole or in part by taxpayer dollars. B. Private universities, including Furman, who admit students who attended public high schools in South Carolina. C. All of these. D. Any large, well-known organization with offices in more than one location in the state.
any entity supported in whole or in part by taxpayer dollars.
The legal term for failure to perform obligations set by a contract is __________________. A. performance B. acceptance C. breach D. withdrawn offer
breach
