Chapters 8-14 Kahoots, Hypotheticals, and Quizzes

Company A. contracts to buy five hundred steers from Company B. Before Company B can deliver the steers, there is an outbreak of disease in the feedlot, and all the cattle are quarantined. In this case the perfect tender rule- a. applies to both parties. b. does not apply. c. applies only to Company A d. applies only to Company B

Does not apply Perfect tender means supplying conforming goods according to the contract.

(T/F) A famous trademark may be diluted only by the unauthorized use of an identical mark

F

(T/F) Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the team is merely confusingly similar

F

(T/F) Dumping is the exporting of environmentally polluting goods to a foreign market.

F

(T/F) Employees who use social media in a way that violates their employer's stated policies cannot be disciplined or fired from their jobs.

F

(T/F) For an infringement of copyright to occur, the reproduction must be exactly the same as the original.

F

(T/F) In a criminal case, the state must prove its case by a preponderance of the evidence.

F

(T/F) No federal statute specifically addresses cyber crime.

F

(T/F) The crime of theft requires only the taking of another person's property, not the awareness that the property belongs to another.

F

(T/F) The federal criminal code lists more than four thousand criminal offenses, all of which require a specific mental state.

F

(T/F) The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent

F

(T/F) The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

F

(T/F) Trademark dilution occurs when a person registers a domain name that is the same as the trademark of another and then offers to sell the domain name back to the original owner

F

(T/F) Typosquatting occurs when key words are inserted into the hypertext markup language code to tell internet browsers specific information about a web page.

F

Jennifer has filed a privacy complaint against Google. The federal agency to conduct an investigation of this type of consumer complaint is the:

FTC.

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

False

(T/F) Compensatory damages compensate a party injured by a breach of contract by punishing the party that breached the contract.

False

(T/F) Duress is a defense to the enforcement of a contract, but not a ground for rescission of a contract.

False

(T/F) Voluntary consent may be lacking because of misrepresentation but not because of a mistake.

False

(T/F) An acceptance can impose new conditions or change the terms of the original offer without rejecting it.

False Because of the mirror image rule. Be careful to know how the mirror image rule affects counteroffers.

(T/F) A contract for a sale of real property or services is a contract for a sale of goods.

False Goods must be tangible and movable. Property is not movable.

(T/F) A contract entered into by a minor is voidable at the option of either of the contracting parties.

False It is only voidable at the option of the minor

(T/F) A buyer who rightfully rejects nonconforming goods may obtain cover or cancel the contact, but may not seek damages.

False They may seek damages

(T/F) In contract law, intent is determined by the personal or subjective intent, or belief, of a party.

False We want objective facts, not subjective intent

Company A, an internet service provider, provides internet service to Louis, who posts false and harmful statements about Madeline. Madeline will be able to sue:

Louis, but not Company A, for defamation.

Which state in America is the only state that uses Civil law instead of Common Law?

Luisiana

Roger McDonald decides to open up a series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's Corporation, the famous fast food restaurant chain, wants him to stop using the curvy M, as it resembles McDonald's Corporation's famous golden arches. Association with a liquor store would likely harm McDonald's Corporation's reputation. Can McDonald's Corporation stop Roger from using his large, blue, curvy M logo?

McDonald's can stop Roger from using the blue M if the similarity between the marks creates an association between them.

John invents a new type of automobile-tracking system on January 1 but does not file a patent application for it until June 30. Meanwhile, on March 10, Susan invented a very similar system and filed a patent application on March 15. Under the America Invents Act, who holds the valid patent?

Susan, because she filed a patent application first.

(T/F) A license permits the use of another's intellectual property for certain purposes.

T

(T/F) An exception to liability for copyright infringement is made under the "fair use" doctrine.

T

(T/F) Corporate officers and directors may be held criminally liable for the actions of employees under their supervision.

T

(T/F) Expropriation occurs when a government seizes a privately owned business or privately owned goods for a proper public purpose and awards just compensation.

T

(T/F) For most crimes, the state must initiate prosecution within a certain number of years after the crime occurs.

T

(T/F) Law enforcement uses social media to detect and prosecute criminals

T

(T/F) One element that must exist for a person to be convicted of a crime is the performance of a prohibited act.

T

(T/F) Social media posts are routinely included in discovery in litigation

T

(T/F) The theft of trade secrets is a federal crime.

T

(T/F) A person who has been determined by a court to be mentally incompetent cannot form a legally binding contract with another party.

True

(T/F) A promise to do what one already has a legal duty to perform does not constitute legally sufficient consideration.

True

(T/F) Intended beneficiaries can sue to enforce a contract.

True

(T/F) Merchants are held to a higher standard of performance or duty than are non-merchants.

True

(T/F) The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the uniform international sales law of countries that account for more than two-thirds of all global trade.

True

(T/F) Statements of fact made during the bargaining process are express warranties.

True ONLY statements of fact are expressed warranties

Julian sends false and deceptive e-mails from a computer in France to recipients in the United States. United States government officials can cooperate and share information with foreign governments under the:

U.S. Safe Web Act.

On July 10, Company A orders fifty small dog collars from Company B. to be delivered by July 15. On July 13, Company B tenders fifty large dog collars. Company A rejects the shipment. Company B has- a. no right to cure. b. until July 15 to cure. c. until the end of the business day on July 13 to cure. d. unlimited time to cure.

Until July 15 to cure

Company A owns a patent for a fan motor that it uses in ceiling fans. Company B uses a fan motor that is identical to Company A's in the air conditioners it manufactures. Company B does not have Company A's permission to use the motor. Can Company A win a patent infringement case against Company B?

Yes, because Company B infringed on Company A's patent

Company A contracts to buy fifty tents from Company B. Unless the contract states otherwise, it is assumed to be- a. none of the choices. b. a destination contract. c. a shipment contract. d. a delivery ex-ship.

a shipment contract

Robyn, an employee at Company A, is laid off. Before he leaves, he e-mails Company A's marketing campaign to Company B, Company A's competitor, without permission. This is

a theft of trade secrets.

Signe offers to sell Thomas her textbook but conditions the sale on Thomas accepting the offer by March 1. Signe may revoke the offer- a. before Thomas accepts the offer. b. before March 1, whether or not Thomas has accepted the offer. c. only after Thomas accepts the offer. d. only after March 1.

a. before Thomas accepts the offer

Without permission, Sally copies photographs from Isaiah's book, Mount Everest: Top of the World, and uses them in a new book. Sally's book is about photography, not mountains. Sally's use of the photos is:

an infringement of Isaiah's copyright.

Company A, imports athletic shoes made in Southeast Asia into the United States. To obtain a larger share of the U.S. market, Company A sells the athletic shoes at lower prices here than in its exporting countries. With respect to these imports, the United States may

assess antidumping duties.

Company A, and Company B enter into a contract for a lease of trucks. Company A is a merchant who deals in goods of the kind leased. Under the UCC, an implied warranty of merchantability arises- a. automatically. b. only if the lessee asks for such a warranty. c. only if the lessor expresses such a warranty. d. only in conjunction with sales contracts, not lease contracts.

automatically

Company A specializes in sending unsolicited commercial emails on behalf of its clients. Company A may be required to do the following to comply with state laws. Choose two. a. Include the name and location of their corporate address in all email transmissions b. Include a toll-free phone number or return email address that the recipient can use to ask the sender not to send unsolicited emails c. Solicit permission from all users to which it wishes to send commercial e-mail d. Instruct spam recipients on how to "opt out" of their emails

b. Include a toll-free phone number or return email address that the recipient can use to ask the sender not to send unsolicited emails d. Instruct spam recipients on how to "opt out" of their emails

Irene sues Mark for defamation. During the lawsuit, Irene wants to obtain copies of Mark's posts on his social media. Irene will:

be allowed to obtain Mark's social media posts before the trial begins.

Company A, a U.S. firm, owns property in Bolivia. The government of Bolivia seizes the property for an illegal purpose without paying just compensation. This is

confiscation.

Stefano transfers copyrighted music recordings, without the copyright owners' authorization, to his friends. This is

copyright infringement.

Company A made a video game featuring interactive extreme sports. The graphics used in the game are protected by

copyright law.

Yakov downloads a movie onto his laptop without permission from the movie provider. Yakov has violated:

copyright law.

Russell reserves the domain name "juliaroberts.com" and creates a fan Web site dedicated to Julia Roberts, the actress. Russell eventually sends Ms. Roberts a letter offering to sell her the domain name. Which term defines Russell?

cybersquatter

Rachel has just finished the business plan for a franchise that she expects to have international appeal. She is concerned about protecting the trade name of the business. Which of the listed answers provides her an avenue for registering a trade name internationally? a. The TRIPS Agreement b. The Anti-Counterfeiting Trade Agreement c. The Berne Convention d. The Madrid Protocol

d. The Madrid Protocol

Dreyfus points a gun at Eton, threatening to shoot him if he does not steal from his employer, Company A, and give the stolen funds to Dreyfus. Charged with theft, Eton can successfully claim, as a defense

duress.

Federal law preempts state anti-spam laws a. with no exceptions b. except for laws that require the use of spam by business entities c. except for statutes that ban the use of spam altogether. d. except for provisions that prohibit false and deceptive e-mailing practices.

except for provisions that prohibit false and deceptive e-mailing practices.

Miranda is a U.S. citizen working in Europe for Company A, a U.S. travel agency. Company A fires Miranda for reasons that she believes violate U.S. antidiscrimination laws. Those laws apply

extraterritorially.

Carissa writes a novel but does not register a copyright for the novel. Carissa e-mails a copy of the novel to her friend, Kevin. Carissa:

has a valid copyright on the novel even though she didn't register it.

In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book:

is protected for her life plus seventy years.

Reno, driving while intoxicated, causes a car accident that results in the death of Santino. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

more than one year.

Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects:

neither Cason's concept nor his process.

Jolie signs a contract with Keaton, an unlicensed physician, to perform a medical procedure. This contract is enforceable by- a. Jolie. b. Jolie's medical insurance company. c. Keaton. d. no one.

no one Being unlicensed makes this illegal.

Byron agrees to sell to Charity, for $1,500, a remote parcel of land. They believe the land to be worthless, but beneath it is a gold mine. Byron 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 rescind the contract

Company A makes genetically modified seeds with properties that are identical to Company B's patented seeds, without Company B's permission. This is most likely

patent infringement.

Company A is an Internet-access service provider that is being forced to manage numerous unwanted emails from a sender of email advertisements. Company A can sue the company that is e-mailing spam under the CAN-SPAM Act if the sender does any of the following except: a. engages in "dictionary attacks" b. conveys misleading or deceptive information when sending e-mail c. sends messages involving products of companies previously sued under the CAN-SPAM Act d. uses a false return e-mail address

sends messages involving products of companies previously sued under the CAN-SPAM Act

Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a:

service mark.

Company A discovers that one of its employees, Barry, has disparaged the company on Facebook about its selling practices. Company A has a policy in place that expects employees to "avoid public comment that adversely effects the company." Company A can:

terminate Barry based on his violation of the company's social media policy

The United States and other members of a certain organization agree to grant normal trade relations (NTR) status to each other with regard to imports and exports. This organization is

the World Trade Organization.

Company A., a U.S. firm, owns property in Honduras. The government in Honduras takes Company A's property without paying for it. A U.S. court will probably not examine the validity of this act committed by Honduras within its own territory, under

the act of state doctrine.

Company A, a U.S. firm, owns property in Ecuador. When the government of Ecuador seizes the property, Company A asks a U.S. court to order the property's return. The court rules that Ecuador is exempt from the court's jurisdiction. This is

the doctrine of sovereign immunity.

Company A is the software designer of the most popular video game in the country. Company A decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for Company B, taking some files for the new game with him. Under trade secret laws, Company A has protection for:

the information in the files and Laz's ideas for the game design.

Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for:

the name only.

Michael, a citizen of Ireland, and Nina, a citizen of the United States, enter into a contract. When Nina breaches the contract, Michael obtains an award of damages in an Irish court. He asks a U.S. court to enforce the award. The U.S. court defers to and enforces the Irish court's decree. This is

the principle of comity.

Calltalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk." Before brining the suit, CallTalk has to ask the court for a subpoena to discover -

the true identity of the owner of the unauthorized site.

On the Border Mexican restaurants all have the same terra-cotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus; the wait staff wear similar types of clothing; and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their:

trade dress.

Company A has a research and development (R&D) facility in the Arizona desert. Only authorized persons are allowed in the facility and all employees and guests must sign a non-disclosure agreement. Company A likely considers the ideas of the people in their R&D division to be:

trade secrets

Call&Talk's use of the domain name "callltalk," without CallTalk's authorization, to sell pornographic phone conversations, is

trademark dilution

Company A creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Company B begins to sell a similar product under the name MokaMerge. This is most likely a matter of:

trademark infringement.

Company A makes and sells a sweet espresso coffee beverage under the name "Sugar Sugar." Company B later markets a similar drink under the name "Sweet Sweet." This is most likely

trademark infringement. Because they can be easily confused for one another

Ron reserves the domain name www.wamart.com before Wal-Mart does, which directs a user to a Web site he has set up that sells retail goods online. Ron's action is known as:

typosquatting.

Michael, a teacher, posts derogatory comments about his fellow teachers and students on his Facebook page and is subsequently terminated. His posts likely:

violated school policy, and his termination will be upheld.

Nora enters into a contract with Company A, to insure and ship a painting from France to the United States for a certain price. But Company A makes a mistake in adding the costs, which results in a contract price that is $1,000 less than the true cost. Most likely, a court would a. allow the parties to rescind the contract. b. award damages to Nora for the mistake. c. award damages to Oceanic for the mistake. d. enforce the contract as is.

Allow the parties to rescind the contact

Company A, makes an offer to Delores to enter into a contract to work as a salesperson for a certain base salary plus commission for ninety days subject to a one-year renewal based on her performance. Delores accepts the offer. A valid contract requires - a. a price and a subject. b. a duration and termination provision. c. an offer and an acceptance. d. specific quality standards.

An offer and an acceptance

Company A, a U.S. firm, files a suit against Switzerland in a U.S. court. Switzerland claims foreign sovereign immunity. Under the Foreign Sovereign Immunities Act

Company A must show that Switzerland is not entitled to sovereign immunity.

Company A buys twenty-five bags of Columbia coffee beans from Company B. The parties agree to ship the coffee beans "F.O.B. Company A" via Company C. The coffee beans rot in transit. The loss is suffered by- a. Company A. b. Company C. c. Columbia. d. Company B

Company B