BA 325 HW Answers

Which of the following duties does an agent owe to their principal?

· All of the above.

An agent's duties to her principle include which of the following?

· All of the above.

In Latin, a wrongful mental state is known as:

· Mens rea.

True or False? There is a single legal test that determines whether a worker is an employee or contractor for purposes of determining all their legal rights on the job.

· False.

For a supervisor's unlawful conduct to result in vicarious liability for his employer, which of the following must be true?

· He must be using or abusing in some manner the authority conferred by his position with the company.

Which of the following facts would not support classifying a worker as an independent contractor?

· If the hiring company provided most of the equipment that the worker needed to do the work.

Which of the following is true regarding the European Union (EU)'s "right to be forgotten" law?

· It allows individuals to petition Google to remove search result links that are personal in nature and that have become "outdated" or "irrelevant."

Ross, an employee at Super Snowboard Company, is laid off. Before he exits Super's building, he e-mails the company's marketing campaign document to Winter Sports Corporation, Super's competitor, without permission. The document is clearly marked "CONFIDENTIAL - Do not share outside of the company!" Ross's actions mostly likely constitute which of the following?

· Trade secret misappropriation.

When an offeree can create a contract simply by accepting an offer and promising to perform, the contract that results is called which of the following?

· A bilateral contract.

Under the UCC, which of the following sellers would NOT be defined as a "merchant" of musical instruments?

· A hobbyist who buys and sells musical instruments online casually, but not regularly and not with any intention of running a business or making a living doing it.

Which person can be judged criminally reckless?

· A person who consciously disregards a substantial and unjustifiable risk.

In criminal law, the term "charge stacking" is best described as which of the following practices?

· A prosecutor's decision to charge a defendant with violating multiple different criminal statutes, based on the same act or course of misconduct.

What type of writing is required to enforce a contract for the sale of goods worth $2,000, when neither party to the contract is a merchant?

· A writing signed by the party against whom enforcement is sought.

To obtain a conviction in a criminal case, how many jurors must vote to convict?

· All 12 jurors (unanimous decision).

Which of the following are potentially protectable as trade secrets?

· All of the above. (Customer lists, Pricing information, Marketing techniques)

Why might a company wish to protect certain intellectual property using trade secret law, instead of filing for a patent?

· Because trade secrets potentially can be maintained indefinitely, whereas patents eventually expire.

When an employee-agent commits a negligent act within the scope of her employment that injures a member of the public, which of the following is true?

· Both the employee and her employer are liable to the injured party.

On a copyright infringement claim, in which of the following ways can a plaintiff prove that the defendant actually copied her work?

· By showing both that defendant had access to plaintiff's work and that his later-created work was substantially similar to the plaintiff's.

Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers. Elvin's use of the chapter is actionable (i.e., gives rise to a valid copyright infringement claim) only if:

· Elvin lacks Frank's permission.

True or False? A promise to do what one already has a legal duty to do generally provides legally sufficient consideration to form an enforceable contract.

· False

True or False? According to the jury verdict from her trial, the jury found Elizabeth Holmes guilty on all charges brought against her for defrauding Theranos patients.

· False

True or False? If a plaintiff can prove that the defendant copied any portion of her copyrighted song that represented original work by the plaintiff, then whether that part of the song was an important part of the overall song is entirely irrelevant; the defendant is automatically liable.

· False

True or False? In America, the majority of defendants who are charged with crimes end up taking their cases to trial, since the stakes in criminal proceedings are so high.

· False

True or False? In contract law, intent is determined by the personal or subjective intent, or belief, of a party.

· False

True or False? In contract law, the term consideration refers to the serious thought that underlies a party's intent to enter into a contract.

· False

True or False? Internet Service Providers (ISPs) are regarded as publishers of all content posted by users on their sites, and therefore may be held liable for defamatory statements posted by their users.

· False

True or False? It is possible to copyright an abstract idea.

· False

True or False? Under all state and federal laws, any employee who has any authority whatsoever to direct another employee's daily activities is deemed a "supervisor," whose unlawful conduct towards the employees he directs exposes his employer to automatic vicarious liability.

· False

True or False? When a contract involves both services and the sale of goods, courts generally will apply the Uniform Commercial Code (UCC) to the provisions involving the sale of goods and common-law rules to the provisions involving services.

· False

True or False? Independent contractors (assuming they are correctly classified) have nearly equivalent legal rights to employees, including the right to receive at least the minimum wage for each hour worked, to be from harassment on the job, and to receive unemployment benefits when they lose work.

· False.

Which of the following accurately describes the "cat's paw" theory of liability.

· It holds that a company can be deemed to have "adopted" the discriminatory mindset of a coworker when their unlawful bias infected an employment decision that had negative consequences for the plaintiff (e.g., the plaintiff received a negative performance review based in part on negative feedback from a coworker who -- unbeknownst to the employer -- wanted to force her out do to his problems with her religion).

To prove the required element of "originality" for a copyright infringement claim, a plaintiff must show that creating her work required which of the following levels of creativity?

· Minimal creativity

RiteMade Machinery, Inc., designs, makes, and sells a unique drill press. Steel Equipment Company copies the design without RiteMade's permission. Which of the following must RiteMade prove to recover against Steel for patent infringement?

· That RiteMade's design is patented.

Which of the following may allow a party to enforce a promise made to him by another party, even if their agreement lacked consideration?

· That he reasonably and detrimentally relied on the other party's promise to him (promissory estoppel).

In federal court, to overturn a jury's conviction and replace it with a judgment of acquittal for the defendant, a trial court (i.e., the trial judge) must find which of the following?

· That no rational jury could have found that the government proved the essential elements of the crime beyond a reasonable doubt, viewing the evidence in the light most favorable to the prosecution.

If an offer and an acceptance between two merchants contain contradictory terms, which of the following results does the UCC provide for?

· The contradictory terms will cancel one another out, but a contract will still be formed if the offer and acceptance indicate agreement on the essential terms for a contract and give the court a sufficient basis for enforcement.

When an employee creates copyrighted work within the scope of his employment, which of the following is true?

· The employer owns the copyright to the work.

In the context of a wire-fraud charge, a false representation made as part of a scheme or plan to obtain money is considered "material" if:

· it had a natural tendency to influence, or was capable of influencing, a person to part with money.

True or False? A counteroffer has the legal effect of rejecting the original offer and simultaneously making a new offer that creates a new power of acceptance.

· True

True or False? A worker can fail the "economic realities" test even if a majority of the six factors indicate independent contractor status.

· True

True or False? Contracts relating to services, real estate, and employment generally are governed by the common law.

· True

True or False? Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment.

· True

True or False? If an agent acts within the scope of her or his authority, normally the principal is obligated to perform the contract regardless of whether the principal was disclosed, partially disclosed, or undisclosed.

· True

True or False? It is frequently companies, rather than courts or legislatures, that define the privacy rights of their online users (via their company privacy policies that they provide to consumers).

· True

True or False? Social media posts are now routinely included in discovery in litigation.

· True

True or False? The UCC dispenses with the common-law requirement that the terms of an acceptance exactly mirror the terms of an offer for a contract to be formed.

· True

True or False? Theft of trade secrets can potentially result in criminal liability, as well as civil liability.

· True

True or False? To be patentable, an invention must be non-obvious in light of current technology, such that it is not merely the next logical step in the evolution of that technology.

· True

True or False? Unlike the common law, the UCC does not require a contract modification to be supported by new consideration.

· True

In a case governed by the UCC, in which of the following circumstances might a court consider "parol evidence" when determining the meaning of the contract, such as prior negotiations between the parties or oral side agreements they made when they signed the written contract?

· When the contract is NOT fully integrated.

Deluxe Awnings, Inc., offers Elbert a job as an installer. No time for acceptance is specified in the offer. The offer will terminate:

· after a reasonable period of time.

An agency relationship can be terminated:

· by an act of the parties or by operation of law.

When a court determines that a contract was unconscionable at the time that it was made, the UCC allows the court to do all of the following EXCEPT:

· make each of the parties perform on their promises in full.

Adele decides to purchase several silver tea sets from Vaughn's gift store. In their sales contract, Adele and Vaughn do not specify how many silver tea sets Adele will purchase. They now have:

· no contract at all.

Dewey asks Ember, "Do you want to buy my bike?" This is:

· not a valid offer because it lacks definite terms.

Under a contract with Bucolic Farms, Agro Excavation, Inc., begins digging an agricultural pond. In mid-project, Agro asks for $15,000 over the contract price, claiming an increase in the "cost of doing business." Bucolic agrees but later refuses to pay. Their agreement is:

· unenforceable because Agro had a preexisting duty to complete the contract at the original price.

Under the UCC, a contract that contains open terms is:

· valid if the parties intended to form a contract and there is a reasonably certain basis for a court to grant a remedy.