BLA 361 - Final

Candace is a delivery driver for ABC Corporation. While delivering goods to a warehouse, Candace negligently crashes into a van. Which of the following is true? (Select the best answer).

Both Candace and ABC Corporation are liable for Candace's negligence.

In an intellectual property infringement suit, a successful plaintiff may be entitles to ____.

Both Damages (money) and a Permanent Injunction

___ it "bargained-for exchange." It is something of value received or promised to convince a person to make a deal.

Consideration

Which of the following is NOT one of the four basic elements necessary to form a contract?

Damages

Which of the following describes the steps of a civil lawsuit in order?

Discovery, Jury Selection, Opening Statements, Verdict

The elements of negligence are ____.

Duty, Breach, Causation, Damages

A covenant not to compete included in the sale of an ongoing business is unenforceable.

False

A federal case typically originate in a state court.

False

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover for any consequent injury.

False

All contract between adults and minors are void.

False

Criminal law focuses on duties that exist between persons.

False

In contract law, "consideration" refers to the time that a party takes to evaluate a deal.

False

In contract law, intent is determined by the secret, subjective intent, or belief, of a party.

False

Negotiation is the most complex form of alternative dispute resolution.

False

States do not have trademark statutes.

False

The Americans with Disabilities Act requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work.

False

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

False

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

False

The need to protect intellectual property is recognized in the Declaration of Independence.

False

Title VII does not prohibit discrimination on the basis of religion.

False

To recover workers' compensation, an employee must prove that an injury did not occur on the job or in the course of employment.

False

To support the imposition of strict product liability, a product must be mishandled between the time it is sold and the time an injury occurs.

False

Under the Statute of Frauds, all contracts must be in writing to be enforceable.

False

Under the doctrine of employment at-will, an employer can terminate an employee for any reason, including a discriminatory reason.

False

Under the doctrine of respondeat superior, an agent is liable for the principal's negligence.

False

When both parties to a contract are mistaken about the same material fact, the contract cannot be rescinded.

False

Hugo signs a contract for the purchase of a boat, purportedly acting as an agent under authority granted by Carver. In fact, Carver has not given Hugo any such authority. Carver refuses to pay for the boat, claiming that Hugo had no authority to purchase it. Which of the following is true? (Select the best answer).

Hugo can be personally liable for the purchase of the boat.

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,​

Isabel will have a judgement entered in her favor.

Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on

Miklos's death or incapacity.

Which of the following is NOT an intentional tort?

Negligence

Ruth is an IT professional. She is hired by Smith and Jones, LLP, a local accounting firm, to develop a new contract management system. The project takes Ruth one month to complete. Once complete, Ruth receives a one-time payment of $10,000. While Smith and Jones, LLP must approve the final result, Ruth determines her own schedule for completing the project and hires helpers as needed. Which of the following is true?

Ruth is an independent contractor.

For an offer to be effective, it must contain three elements. Which of the following is NOT one of the elements?

The terms of the offer must be in writing Elements required: -offer must be communicated to the offeree -terms of the offer must be reasonably certain or definite so that a court could determine the terms of the contract -there must be a serous, objective intention by the offeror

A breach of contract entitles the non breaching party to sue for monetary damages.

True

A covenant not to compete is enforceable only if it is reasonable in duration and geographic area.

True

A marketing technique can be a trade secret.

True

An agency agreement can be implied by conduct.

True

An agent has a duty to keep and make available to the principal an account of all property and funds received and paid out on the principal's behalf.

True

An appellate court can reverse the decision of a trial court that erred.

True

Any relevant material, including information stored electronically, can be the object of a discovery request

True

Defense of other is a defense to an allegation of assault.

True

Discovery is the process of obtaining information from an apposing party before trial.

True

In a common law system, judges generally follow state decisis unless there is a compelling reason to overturn a precedent.

True

The theft of trade secrets is a federal crime.

True

Under North Carolina law, non-compete agreements are disfavored.

True

Ronnie files a suit in a state court against Sheri. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time​

a copy of the record on appeal.

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 federal court to exercise original jurisdiction.

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

a license

Leon, Mia, Nestor, and Orina are employees of different-sized employers in different industries. Under the Fair Labor Standards Act, all employees in covered industries must be paid per hour

a minimum wage.

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute

administrative law.

Jerry agrees to act on Joyce's behalf, subject to her control, and Joyce trusts Jerry to so act. They set out the terms in a written document, which they both sign. This is

an agency by agreement.

Emery is a corporate officer of Frakking Mining Corporation. Emery serves in a representative capacity for Frakking's owners. With respect to binding Frakking Mining to contracts, Emery is

an agent and has the authority.

Aisha is an employee at Bento Food Mart. Aisha is called for jury duty and as a result cannot work her scheduled shift. Bento fires Aisha. She successfully sues Bento for reinstatement. With respect to the employment-at-will doctrine, this is

an exception based on public policy.

Flo tells Ginger during a phone call that she will buy her textbook from last semester for $65. Ginger agrees. These parties have

an express contract

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​

an implied contract

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of​

arbitration

Frieda is working on a construction site when she is injured on the job in the collapse of a Girder Company-made ceiling beam. At the time, Frieda is not wearing a hard hat or any other safety gear. In Frieda's product liability suit against Girder, the company can most successfully raise the defense of

comparative negligence.

In his recording "Nuthing Nu," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This

copyright infringement.

Dumont threatens physical harm to force Eddie to sell his business, Citywide Vending, Inc., to Dumont for a below-market price. This is

duress.

Cory employs Daily Delivery Agency as an agent under a written agreement that describes the rights and duties of both parties. This is

express authority

Gala and Hoyt are employees of IT Business Solutions, Inc. IT Business Solutions violates the Equal Pay Act if it pays different wages on the basis of

gender.

Criminal acts are prohibited only by

local, state, and federal statutes.

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is

mediation.

Grant and Hester enter into a contract for a sale of Hester's Pastoral Valley Orchard. This contract

must be in writing to be enforceable

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for

negligence.

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​

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

D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is​

not required to hear the case.

In making and marketing tools and other do-it-yourself home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions against

only foreseeable misuses of a product.

GreatGro, Inc., makes genetically modified seeds with properties that are identical to Hearty Harvest Corporation's patented seeds, without Hearty Harvest's permission. This is most likely​

patent infringement

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​

standing

Brenda, a salesperson at a Cabinets & Countertops store, tells D'Antoni, a customer, "Buy your cabinets here, and I'll install them for half of what the store would charge." D'Antoni buys the cabinets, which Brenda installs for half the store's price. Brenda keeps the money. Brenda has breached

the agents duty of loyalty.

Baked Bread Company hires Connie to sell the company's products in a certain area. Baked Bread agrees to pay Connie a salary, plus commission, for a trial period. They also agree that Connie can sell using any methods and during any hours that seem appropriate. The key factor in whether Connie is Baked Bread's employee is​

the control Baked Bread has over the details of the work.

In an action against Gina, Harry obtains a remedy. This is

the means to enforce a right or to compensate for the violation of a right.

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

the reasonable engineer standard.

Felicity, a minor, obtains fruits and other foodstuff on credit from Growers' Market. Later, Felicity disaffirms the purchase. Felicity owes Growers' Market​

the reasonable value of the goods.

The Consumer Product Safety Commission is a government agency that issues rules, orders, and decisions. The Colorado state legislature enacts statutes. The Washington County Board and the Silver City Council enact ordinances. Administrative law includes​

the rules, orders, and decisions of the Consumer Product Safety Commission.

The Family and Medical Leave Act requires employers to provide eligible employees with family or medical leave for any of the following reasons except

to go on an extended family vacation.

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely

trademark infringement

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

undue influence

Mother & Daughter Jewelers breaches its lease with Longview Mall and vacates the premises six months before the end of the term. In some states, Longview would have to​

use reasonable means to find a new tenant to mitigate damages.

Shelby owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury​

whether or not the R&R crew was at fault.