Law Final
A civil lawsuit requires a unanimous jury vote.
False
A defendant who has not been negligent but is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover his losses.
False
A seller of a defective product cannot be held strictly liable if it can be proved that he or she took all possible care in the preparation and sale of the product.
False
Administrative agencies are created by the judicial branch of governments.
False
Alberto makes an offer to Elizabeth to sell his automobile to her for $10,000. In this case, Alberto is the offeree and Elizabeth is the offeror.
False
An indictment is a charge of guilt against the defendant.
False
Consideration need not be of legal value to be enforceable.
False
Copyright protection for a work can only be claimed after the United States Copyright Office formally grants it.
False
E-commerce is not subject to the Commerce Clause of the U.S. Constitution since most businesses that conduct e-commerce over the internet do not have any physical location.
False
If a defendant makes an untrue statement of fact about the plaintiff and the statement is intentionally or accidentally published to a third party, the defendant is liable for misappropriation of the right to publicity.
False
If a newspaper review calls a commercially successful actor talentless, it is liable for defamation of character.
False
Improvements to existing machines, processes, or compositions of matter cannot be patented.
False
In a lease contract, title to the goods is passed from the lessor to the lessee.
False
In a trademark dilution lawsuit, the plaintiff must show proof of actual harm in order to prevail.
False
In small claims courts, the parties must be represented by a lawyer.
False
Intermediate appellate courts review new evidence or testimony that was not seen or heard in the lower courts.
False
Provisions of federal law are valid as long as they do not conflict with any state law.
False
Trademarks that have become generic names are protected under federal trademark law.
False
Which of the following is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations? assumption of the risk res ipsa loquitur strict liability Good Samaritan law
Good Samaritan law
The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2020. If Graham wants to bring a lawsuit against Alice on January 15, 2022, which of the following is most likely to be the outcome? Graham can sue Alice but is not entitled to a jury trial. Graham is allowed to sue Alice after appealing for an extension of the statute of limitations. Graham can sue Alice but will not receive damages. Graham is not allowed to sue Alice, having lost his right to sue her.
Graham is not allowed to sue Alice, having lost his right to sue her.
Which of the following statements is true about the Foreign Commerce Clause of the United States Constitution? A state can enact a law that forbids a foreign country from doing business in that state, if that country engages in activities that are not condoned by that state. A state government is only permitted to regulate foreign trade indirectly. Direct regulation of foreign commerce by the federal government violates the Commerce Clause. The federal government has the exclusive power to regulate commerce with foreign countries.
The federal government has the exclusive power to regulate commerce with foreign countries.
How do patent laws help an inventor? They help the inventor guard his patented invention from the public. They let the inventor keep his patents indefinitely. They provide protection for patented inventions from infringement. They help the inventor meet potential buyers for his patented inventions.
They provide protection for patented inventions from infringement.
If an oral contract that should have been in writing under the Statute of Frauds is already executed, neither party can seek to rescind the contract on the grounds of noncompliance with the Statute of Frauds.
True
Implied terms in a contract can be supplied by the courts.
True
In a criminal lawsuit, guilt must be proven beyond any reasonable doubt.
True
In general-jurisdiction trial courts, the testimony and evidence at trial are recorded and stored for future reference.
True
In the U.S. courts of appeals, the parties file legal briefs with the court and are given a short oral hearing.
True
In the United States, the first party to file a patent on an invention receives the patent even though another party was the first to invent the invention.
True
Intellectual property describes property that is developed through an intellectual and creative process.
True
Intentional misrepresentation occurs when a seller or lessor conceals a defect in a product.
True
Jessica files a frivolous lawsuit against Thomas, claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas, who can now sue Jessica for malicious prosecution
True
Monetary damages and equitable remedies are provided in a civil lawsuit.
True
Most arbitration agreements stipulate that the arbitrator's decision cannot be appealed to the courts.
True
Motions for summary judgment are supported by evidence outside of the pleadings.
True
One common defect upon which a strict liability lawsuit may be based is failure to warn.
True
Ordinary words or symbols that have taken on a secondary meaning can qualify for mark protection.
True
Powers not given to the federal government by the United States Constitution are reserved to the states.
True
Pursuant to the power given to it by Article III of the U.S. Constitution, Congress has established the U.S. courts of appeals.
True
The Critical Legal Studies School proposes that legal rules are used as an obstacle by the powerful ruling class to maintain hegemony.
True
The Federal Trademark Dilution Act (FTDA) provides that owners of marks have valuable property rights in their marks that should not be diluted, blurred, tarnished, or eroded in any way by another.
True
The Securities Act of 1933 is a federal statute that primarily regulates the issue of securities by companies and other businesses.
True
The U.S. Constitution limits the government's ability to restrict individual rights.
True
The U.S. House of Representatives has the power to impeach the president for certain activities, such as treason, bribery, and other crimes.
True
The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.
True
The complaint and summons are served on the plaintiff.
True
The courts have held that automobile manufacturers are under a duty to design automobiles to take into account the possibility of a second collision.
True
The fair use doctrine allows certain limited, unauthorized use of copyrighted material.
True
The federal district courts are empowered to impanel juries, receive evidence, hear testimony, and decide cases.
True
The form of government in the United States is known as federalism.
True
The formation of sales and lease contracts requires consideration.
True
The identification of the parties is an express term of a contract.
True
The liability of manufacturers, sellers, lessors, and others for injuries caused by defective products is commonly referred to as product liability.
True
The major responsibilities of the Securities and Exchange Commission (SEC) include regulating the activities of securities brokers and advisors.
True
The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.
True
The president is not elected by popular vote but instead is selected by the Electoral College, whose representatives are appointed by state delegations.
True
The right to cure is the seller's and lessor's opportunity to repair or replace defective or nonconforming goods.
True
The seller's or lessor's general obligation is to transfer and deliver the goods to the buyer or lessee.
True
The world-famous Coca-Cola recipe is a closely guarded trade secret but not a patented recipe.
True
Under the Statute of Frauds, any contract that transfers an ownership interest in real property must be in writing to be enforceable.
True
Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as actual consumers or users.
True
Under the perfect tender rule, the buyer can reject an entire shipment of nonconforming goods.
True
United States law evolves and changes along with norms of society, technology, and the growth and expansion of commerce in the U.S. and the world.
True
Utility patents for inventions are valid for twenty years.
True
Law is described as ________. a group of hypotheses employed to explain a phenomenon a study of fundamental problems, such as those connected with existence, knowledge, and language a body of rules of action or conduct prescribed by controlling authority, and having binding legal force a system that builds and organizes knowledge in the form of testable explanations and predictions
a body of rules of action or conduct prescribed by controlling authority, and having binding legal force
What is meant by "causation in fact"? a defendant's negligent act that caused the plaintiff's injuries the facts stated by a plaintiff during trial a defendant's defense against a case of negligence a defendant's plea of guilt due to negligence
a defendant's negligent act that caused the plaintiff's injuries
Which of the following is considered real property? majority partnership ownership of a law firm diamond jewelry a fixture permanently affixed to a building a club membership
a fixture permanently affixed to a building
What is a patent number? a number assigned to a patent during application a number assigned to a patent when it comes under investigation a number assigned to a patent once the patent is granted a number assigned to a patent when the patent is pending
a number assigned to a patent once the patent is granted
Which of the following refers to an attempt by another person to take over a living person's name or identity for commercial purposes? defamation of character invasion of the right to privacy disparagement misappropriation of the right to publicity
misappropriation of the right to publicity
Which of the following is acceptable consideration for a contract? an illusory promise money donor intent donee acceptance
money
A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts. motion for summary judgment motion to set aside judgment motion for judgment notwithstanding the verdict motion for judgment on the pleadings
motion for judgment on the pleadings
Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury? motion for judgment notwithstanding the verdict motion for a directed verdict motion for summary judgment motion for judgment on the pleadings
motion for summary judgment
Which of the following is suitable for copyrighting? business method product logo building musical composition
musical composition
What function of the law is being served when passing laws that prohibit discrimination at workplaces? keeping the peace promoting social justice maintaining the status quo providing a basis for compromise
promoting social justice
Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case? promoting social justice providing a basis for compromise maintaining the status quo maximizing individual freedom
providing a basis for compromise
Which of the following refers to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injures the plaintiff? reliance damages consequential damages punitive damages nominal damages
punitive damages
In a destination contract, delivery is completed when the shipment ________. is in transit to the destination specified in the contract is inspected and approved by the buyer reaches the destination specified in the contract is transferred from the seller to the carrier
reaches the destination specified in the contract
According to the objective theory of contracts, the intent to enter into an express or implied-in-fact contract is judged by the ________. common law of contracts legality of the contract doctrine of equity reasonable person standard
reasonable person standard
Which of the following include environmental laws, securities laws, and antitrust laws and provide for criminal violations and penalties? constitutions charters resolutions regulatory statutes
regulatory statutes
Which of the following refers to an action by a buyer or lessor to recover scarce goods wrongfully withheld by a seller or lessor? revocation accommodation replevin damages
replevin
Which of the following is an action to undo a contract? remuneration retribution restitution rescission
rescission
Which of the following involves the return of goods or property received from the other party to undo a contract? restitution retribution rescission renunciation
restitution
A(n) ________ is a withdrawal of an offer by the offeror that terminates the offer. rejection advertisement revocation counteroffer
revocation
The ________ established by the United States Congress have limited jurisdiction. state supreme courts state appeals courts special federal courts courts of records
special federal courts
Reserved powers are given to the ________ by the U.S. Constitution. state governments judiciary federal government U.S. Congress
state governments
Which of the following establish an upper limit on the interest rate that lenders can charge for certain types of loans? state usury laws federal usury laws contracts in restraint of trade contracts contrary to public policy
state usury laws
Interests in oil, gas, and mineral rights are classified as ________. statutorily defined securities common securities investment contracts implicit securities
statutorily defined securities
Which of the following is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault? strict liability intentional tort negligence unintentional tort
strict liability
Which of the following is a situation in which a party to a contract renders performance exactly as required by the contract? executory performance substantial performance anticipatory repudiation strict performance
strict performance
Nett Labs orders thirty (30) desktop computers from iDeal, a local computer dealer. Nett Labs requires that each computer have a 2.6 GHz processor, a 500 GB hard disk, and a Windows operating system. iDeal supplies thirty (30) desktop computers, each with a 2 GHz processor, a 500 GB hard disk, and a Windows operating system. Which of the following describes iDeal's performance? substantial performance a material breach complete performance an anticipatory breach
substantial performance
Which of the following is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner? trolling garnishment blurring tarnishment
tarnishment
The obligation of a seller to transfer and deliver goods to the buyer or lessee in accordance with a sales or lease contract is known as ________. tender of delivery promissory estoppel the right of replevin substantial performance
tender of delivery
What is considered as the supreme law of the land in the United States? federal statutes passed by the United States Congress Presidential executive orders the Constitution of the United States of America judicial decisions issued by the state courts
the Constitution of the United States of America
Which of the following statutes was enacted by the United States Congress to protect trade secrets? the Telecommunications Act the Sarbanes-Oxley Act the Economic Espionage Act the Lanham Act
the Economic Espionage Act
Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law? the Natural Law School of jurisprudence the Analytical School of jurisprudence the Sociological School of jurisprudence the Historical School of jurisprudence
the Historical School of jurisprudence
Which of the following is a federal statute that primarily regulates the issuance of securities by companies and other businesses? the Jumpstart Our Business Startups Act (JOBS Act) the Securities Exchange Act of 1934 the Uniform Securities Act the Securities Act of 1933
the Securities Act of 1933
Which court was created by Article III of the U.S. Constitution? the U.S. Court of Federal Claims the U.S. Court of Appeals the U.S. Tax Court the U.S. Supreme Court
the U.S. Supreme Court
Which of the following courts are considered as the federal court system's intermediate appellate courts? the U.S. courts of federal claims the U.S. courts of appeals the U.S. district courts the U.S. Courts of Appeals for Veterans Claims
the U.S. courts of appeals
Which of the following courts are the federal court system's trial courts of general jurisdiction? the U.S. courts of appeals the U.S. courts of federal claims the U.S. Tax Courts the U.S. district courts
the U.S. district courts
Which of the following is a model act passed in 1949 that includes comprehensive laws that cover most aspects of commercial transactions? the Interstate Commerce Act the Gramm-Leach Bliley Act the Uniform Sales Act the Uniform Commercial Code
the Uniform Commercial Code
Regarding the perfect tender rule, which of the following is NOT a buyer's option if the goods or tender of delivery fail in any respect to conform to the contract? the buyer can sue the seller to recover compensatory, consequential, and punitive damages the buyer can reject the entire shipment the buyer can accept the entire shipment the buyer can reject part and accept part of the shipment
the buyer can sue the seller to recover compensatory, consequential, and punitive damages
The United States Supreme Court decision in Brown v. Board of Education was important because it exhibited ________. the importance of following precedent the use of the affirmative action policy the state's supremacy over federal rulings the flexibility of the law
the flexibility of the law
Who is the plaintiff in a criminal lawsuit? the victim the respondent a private party the government
the government
Which of the following constitutes copyright infringement? use of the copyrighted material in a spoof or satire a brief quotation from the copyrighted material used in a news report reproduction by a teacher or student of a small part of the copyrighted work to illustrate a lesson using several clips of a documentary movie
using several clips of a documentary movie
A person caught speeding is considered to have committed a(n) ________. misdemeanor indictable offense violation felony
violation
Contracts entered into by intoxicated persons are ________. voidable by both parties fully enforceable at the option of either party voidable only by the intoxicated person void
void
If a consumer purchases a computer, the sales contract associated with the purchase is subject to Article 2 of the Uniform Commercial Code (UCC).
True
If a defendant's act caused a plaintiff's injuries, there is causation in fact.
True
If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.
True
Which of the following is correct regarding illegal consideration? A contract based on an illegal purpose is still enforceable. A contract based on illegal consideration is voidable. A contract based on illegal subject matter is still enforceable. A contract based on illegal consideration is void.
A contract based on illegal consideration is void.
In which of the following cases is a default judgment entered? A defendant does not file a written response to a plaintiff's complaint. A defendant admits all the allegations in the complaint. The court believes that the lawsuit can be settled before/without trial. There is insufficient evidence to resolve the dispute.
A defendant does not file a written response to a plaintiff's complaint.
In which of the following cases does a class action occur? The defendant has multiple grounds for appeal. A group of plaintiffs collectively bring a lawsuit against a defendant. The plaintiff does not reply to the defender's cross-complaint. There are no factual disputes to be decided by the jury.
A group of plaintiffs collectively bring a lawsuit against a defendant.
Which of the following is NOT correct regarding the arbitration of contract disputes? Arbitration occurs only when the parties have entered into an arbitration agreement. Most arbitration agreements stipulate decisions cannot be appealed to the courts. Arbitration clauses are common in consumer and business contracts. A judge or jury decides the outcome.
A judge or jury decides the outcome.
Which of the following is correct regarding the patenting of a scientific principle? A scientific principle cannot be patented. A patent for a scientific principle is available through the United States Court of Appeals for the Federal Circuit. A patent for a scientific principle is available through the U.S. Patent and Trademark Office. A scientific principle can only be patented once a universal consensus has been reached on its validity.
A scientific principle cannot be patented.
Which of the following statements is true of the tort of assault? Actual physical contact between the plaintiff and the defendant is not necessary. Physical contact is the only requirement for the tort of assault. An attack is not considered an assault if the defendant was provoked to attack the plaintiff. An attack is considered an assault only if the defendant was provoked to attack the plaintiff.
Actual physical contact between the plaintiff and the defendant is not necessary.
Alejandra, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following is correct in this case? Alejandra can be held strictly liable for the death of her patient. Alejandra and the medical staff assisting in the surgery are strictly liable for the death. The donor of the kidney can be held strictly liable for the death of the patient. Alejandra cannot be held strictly liable as she is providing a service.
Alejandra cannot be held strictly liable as she is providing a service.
Allenby Spares Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel Inc. from Allenby Spares and is involved in an accident caused by the faulty brake in his vehicle. Which of the following is correct regarding this situation? Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel. Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake. Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain. TurboDiezel cannot be held strictly liable as the company is not the seller in this case.
Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.
Which of the following sections of the Uniform Commercial Code (UCC) applies to transactions in goods? Article 5 Article 7 Article 2 Article 3
Article 2
Betty buys a lawnmower manufactured by FlatPlanes Inc. from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. To which of the following remedial actions is Betty entitled? Betty can only sue Harvey's department store for strict liability as it sold her the defective lawnmower. Betty can only sue FlatPlanes for strict liability as it manufactured the defective lawnmower. Betty can sue Harvey's department store for negligence. Betty can sue either Harvey's department store or FlatPlanes for strict liability.
Betty can sue either Harvey's department store or FlatPlanes for strict liability.
The first 10 amendments to the U.S. Constitution are collectively known as the ________. Articles of Confederation Due Process Clause Bill of Rights Privileges and Immunities Clause
Bill of Rights
Which of the following is true about the duty of care? Breach of the duty of care is not actionable unless the plaintiff suffers personal injury or injury to his or her property. The reasonable person standard is used to determine the amount of damages a defendant owes a plaintiff. The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession. A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care.
Breach of the duty of care is not actionable unless the plaintiff suffers personal injury or injury to his or her property.
Which of the following statements best indicates how chancery courts were different from law courts? Chancery courts emphasized developing merchant laws rather than laws for the common citizen. Chancery courts emphasized a standard set of remedies across different cases rather than provide equitable remedies. Chancery courts had lower precedence level over legal decisions than the law courts. Chancery courts inquired into the merits of a case rather than emphasize legal procedures.
Chancery courts inquired into the merits of a case rather than emphasize legal procedures.
Clive buys a rifle from Gun Manufacturing Company and goes hunting. During the hunting expedition, he accidentally shoots himself in the foot. Which of the following is correct in this case? Clive cannot take any action because the handling of firearms entails generally known dangers. Clive can bring a strict liability lawsuit against the company for its failure to warn him about the possible dangers of firearms. Clive cannot take any action against the company because he had abnormally misused the product. Clive can bring a strict liability lawsuit against the company for failure to provide adequate instructions on the use of the rifle.
Clive cannot take any action because the handling of firearms entails generally known dangers.
Which of the following is correct regarding monetary damages? Liquidated damages are set by the court against the breaching party. Nominal damages are paid once the nonbreaching party has suffered a financial loss. An anticipatory breach cannot result in monetary damages. Consequential damages are considered monetary damages.
Consequential damages are considered monetary damages.
A person wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words that imply that the president is doing a bad job of running the country. In accordance with the Freedom of Speech Clause, which of the following is valid? Wearing the t-shirt is an instance of limited protected speech. Criticizing the current president is fully protected speech, and this person cannot be prosecuted. This person could be arrested, since the words on the t-shirt violate the Freedom of Speech doctrine. Wearing the t-shirt makes the person liable for prosecution based on defamatory language.
Criticizing the current president is fully protected speech, and this person cannot be prosecuted.
If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers, this area of commerce is subject to the ________ Clause of the U.S. Constitution. Dormant Commerce Free Exercise Due Process Privileges and Immunities
Dormant Commerce
The electronic data and record system of the Securities and Exchange Commission (SEC) is known as ________. the New York Stock Exchange (NYSE) the NASDAQ EDGAR the NYSE Euronext
EDGAR
Michael wanted to build a small princess castle for his daughter in the backyard. He decided to turn it into a do-it-yourself project, so he bought the disassembled parts of the castle from Big Ben Forts Inc. However, after the purchase, he found that the manual provided by the company gave vague directions that were hard to understand. He built the castle by following the manual, but after a few days the castle collapsed and injured his daughter who was playing inside. Which of the following actions can Michael take in this situation? He can file a negligence lawsuit against the store from which he bought the castle. He can file a strict liability lawsuit against Big Ben Forts for failure to warn about the possible dangers of the product. He can file a strict liability lawsuit against Big Ben Forts for failure to provide adequate instructions on assembling the product. He can sue Big Ben Forts for defects in the packaging of their products.
He can file a strict liability lawsuit against Big Ben Forts for failure to provide adequate instructions on assembling the product.
The courts apply the ________ in determining whether an arrangement is an investment contract. Howey test intermediate test strict scrutiny test misappropriation theory
Howey test
Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino in the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply? Indian Gaming Regulatory Act Dormant Commerce Clause Indian Reorganization Act Establishment Clause
Indian Gaming Regulatory Act
What is the duration of copyright protection provided to individuals under the Copyright Term Extension Act of 1998? Individuals are granted 95 years of copyright protection from the year of creation of the work. Individuals are granted 20 years of copyright protection, subject to renewal in return for the payment of an additional fee. Individuals are granted copyright protection for their lifetime plus 70 years. Individuals are granted 120 years of copyright protection from the year of first publication of the work.
Individuals are granted copyright protection for their lifetime plus 70 years.
Which of the following is correct regarding a nolo contendere plea? It can be used as evidence of liability against the accused at a subsequent civil trial if such use is approved by the civil trial judge. It can be used as evidence of liability against the accused at a subsequent civil trial if such use is approved by the criminal trial jury in its verdict. It can be used as evidence of liability against the accused at a subsequent civil trial if such use is approved by the criminal trial judge. It cannot be used as evidence of liability against the accused at a subsequent civil trial.
It cannot be used as evidence of liability against the accused at a subsequent civil trial.
What is the function of the judicial branch of the federal government? It has the power to interpret and determine the validity of the law. It has the power to act as a liaison between the legislative and executive branches. It has the power to enact the law. It has the power to enforce the law.
It has the power to interpret and determine the validity of the law.
Which of the following is correct regarding crowdfunding? Its offerings are subject to the registration requirements of the Securities and Exchange Commission (SEC). It is used by companies that want to meet the requirements of issuing securities pursuant to a registered offering. It allows large companies to raise a maximum aggregate amount of $1,700,000 during a 12-month period from a few large-dollar investors. It is a funding mechanism created by the JOBS Act.
It is a funding mechanism created by the JOBS Act.
Which of the following is correct regarding strict liability? It covers casual sales and transactions. It applies only to manufacturers of a defective product. It requires privity of contract between the plaintiff and the defendant. It is liability without fault.
It is liability without fault.
Which of the following accurately describes the fair use doctrine? It permits the use of copyright material by someone other than the copyright holder in return for the payment of a licensing fee to the federal government. It stipulates the time period for which a copyright holder can retain his copyright. It permits certain limited use of copyrighted material by someone other than the copyright holder without the copyright holder's permission. It guides the United States Copyright Office in determining what works qualify for copyright protection.
It permits certain limited use of copyrighted material by someone other than the copyright holder without the copyright holder's permission.
What is the function of the Uniform Commercial Code's (UCC's) gap-filling rule? It helps a merchant revoke its offer even after acceptance. It assures the offeree that goods will be held open for a reasonable time. It protects the offeror from additional terms that may be added by the offeree. It permits certain open terms to be "read into" a contract.
It permits certain open terms to be "read into" a contract.
Which of the following is correct regarding a contract entered into by an intoxicated person? The contract is fully enforceable by the sober party. The contract is void. Only the sober party may disaffirm the contract. When an intoxicated person becomes sober, they may ratify the contract.
The contract is void.
Alejandro, Jerry, and Mondell are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts fail and become unfastened during take-off. The airline is sued by all three together for their resulting injuries, and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages? Alejandro, Jerry, and Mondell are entitled to the same amount of damages, since profession and income are irrelevant factors in calculating damages in a tort case. Jerry, a football player who earns $2 million a year Mondell, a chartered accountant who earns $200,000 a year Alejandro, a retired professor who receives a pension of $50,000 a year
Jerry, a football player who earns $2 million a year
Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defective Supplemental Restraint System (SRS) in the vehicle, the airbag does not deploy and Ted is seriously injured. Which of the following is correct in this situation? The driver of the other car can be held strictly liable due to his or her involvement in the accident. The car manufacturer cannot be held strictly liable as Ted had not bought the car from it. Martin can be held strictly liable because he sold the car to Ted. Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
Philosophers of the ________ School of jurisprudence emphasize a moral theory of law, where law is based on morality and ethics, and is discovered by human reasoning and making choices between good and evil. Historical Sociological Analytical Natural Law
Natural Law
The ________ is a federal statute primarily designed to prevent fraud in the trading of securities after they are issued. Sarbanes-Oxley Act of 2002 Securities Act of 1933 Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 Securities Exchange Act of 1934
Securities Exchange Act of 1934
Imposing a ban on public smoking can serve as an example of a law that adheres to the ________ School of jurisprudence. Command Sociological Law and Economics Analytical
Sociological
Which of the following is correct regarding the interpretation of contract words and terms? Where a preprinted form contract is used, preprinted words prevail over typed words. Preprinted words prevail over handwritten words. Specific terms are presumed to qualify general terms. If there is an ambiguity in a contract, the ambiguity will be resolved in favor of the party who drafted the contract.
Specific terms are presumed to qualify general terms.
The ________ requires certain contracts to be in writing. common law of contracts part performance exception equal dignity rule Statute of Frauds
Statute of Frauds
Which of the following is correct regarding a contract involving an adjudged mentally incompetent person? Only the competent party can enforce the contract. The competent party is legally obligated to uphold the contract. The person is bound by the terms of the contract. The contract is void.
The contract is void.
Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights? The Freedom of Speech Clause was added to the Constitution in the Third Amendment. The Freedom of Speech Clause protects speech only, not conduct. There is no provision for fully protected speech in the Constitution. Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech Clause.
The Freedom of Speech Clause protects speech only, not conduct.
Which of the following is established by the Supremacy Clause of the U.S. Constitution? The legislative branch of the federal government is the supreme law-making authority in the country. The president is the supreme and sovereign head of the United States. The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner. The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
Which of the following statements is true of the U.S. Supreme Court? The U.S. Supreme Court's decisions are appealable. The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases. The U.S. Supreme Court does not grant any oral hearings to the parties. The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals.
The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.
Jonas enters an oral contract with Chelsea to lease his house to her for $50,000. Chelsea pays him $50,000 and moves in the house. A month later, Jonas learns that his state requires contracts for the lease of goods with payments of $1,000 or more to be in writing. Which of the following options does either party have? Chelsea can rescind the contract based on a violation of the Statute of Frauds. The contract cannot be rescinded by either party, since it has already been executed. Jonas can evict Chelsea, since the contract does not comply with the Statute of Frauds and is therefore void. Jonas can rescind the contract based on a violation with the Statute of Frauds.
The contract cannot be rescinded by either party, since it has already been executed.
For a gift promise to be enforceable, the promisee must offer consideration.
True
Which of the following is correct regarding the patent period recognized in the United States? The patent period for an invention is 17 years. The patent term begins to run from the date the patent is issued. The patent term begins to run from the date the patent application is filed. It follows the first-to-invent rule.
The patent term begins to run from the date the patent application is filed.
Which of the following statements is true about states' police power? The states are allowed to regulate army activities within their borders. The states are given the authority to enact laws that regulate the conduct of business within their borders. The police force of a state is controlled by the federal police department. Police power restricts states from regulating inter-state commerce, although it happens within their borders.
The states are given the authority to enact laws that regulate the conduct of business within their borders.
Which of the following is a provision made under the Berne Convention? The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work. The treaty makes it mandatory to place the copyright symbol on all copyrighted works. The treaty stipulates the time period a copyright can be retained by the copyright holder before it enters the public domain. The treaty sets the rules for how copyright can be dealt with when sharing copyrighted work between governments.
The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work.
What happens to a copyrighted work after its copyright period has expired? The work will enter the public domain and can thereafter be used for free. The copyright can be renewed for a fee by the original creator of the work. The government assumes ownership of the work and licenses its use in return for the payment of a licensing fee. A non-copyright holder can purchase the rights to the work.
The work will enter the public domain and can thereafter be used for free.
Spring Stream sells bottled water that it claims contains vital minerals and salts not found in rival brands. The company also claims that using tamperproof seals on the bottles would minimize the health benefits of the water. As a result, some merchants refill the used water bottles with contaminated water and resell them. People who drink the water suffer from various water-borne diseases. Which of the following forms the grounds on which affected customers can bring a strict liability lawsuit against Spring Stream? The company failed to provide warnings about the dangers of contaminated water. There was a defect in the manufacture of the bottled water. There was a defect in the design of the water bottles. There was a defect in the packaging of the bottled water.
There was a defect in the packaging of the bottled water.
How are the justices of the U.S. Supreme Court appointed? They are nominated by the Associate Justices and confirmed by the Chief Justice of the U.S. They are appointed by the president of the United States. They are nominated and confirmed by the Chief Justice of the U.S. Supreme Court. They are nominated by the president and confirmed by the U.S. Senate
They are nominated by the president and confirmed by the U.S. Senate
According to the infancy doctrine, which of the following is correct regarding a minor? They cannot enter into a legal contract with another minor. They are bound to an adult's decisions in a contract between them. They can disaffirm contracts they have entered into with adults. They cannot choose to enforce a contract at their discretion.
They can disaffirm contracts they have entered into with adults.
Which of the following is correct regarding contracts? The offeror is the party to whom an offer to enter into a contract is made. A contract is created when the offer is made and before it is accepted. To have an enforceable contract, there must be mutual assent by the parties. An offeree is the authority that supervises the signing of a contract.
To have an enforceable contract, there must be mutual assent by the parties.
A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.
True
A company slogan is an example of a trademark.
True
A contract requires an offer and an acceptance.
True
A crime is the violation of a statute for which the government imposes a punishment.
True
A decision of a limited-jurisdiction trial court can be appealed at a general-jurisdiction court or an appellate court.
True
A gift promise is also known as a gratuitous promise.
True
A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.
True
A person charged with a crime in the United States is presumed innocent until proven guilty.
True
A person who was legally mentally incompetent at the time of entering into a contract is relieved of his duties under the contract.
True
A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.
True
A tort can be considered an assault without there being any actual physical contact.
True
After the copyright term expires, the work enters the public domain.
True
An agreement requires an offer by the offeror and an acceptance of the offer by the offeree.
True
An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.
True
An offer is not effective until it is actually received by the offeree.
True
Anyone can produce and sell an invention in the public domain without paying the prior patent holder.
True
Article 2 of the Uniform Commercial Code (UCC) prescribes a set of uniform rules for the creation and enforcement of contracts for the sale of goods.
True
Consequential damages arise from circumstances outside a contract.
True
Consideration is something of legal value given in exchange for a promise.
True
Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S. Supreme Court.
True
Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.
True
Failure to exercise due care includes negligent packaging.
True
Federal statutes take precedence over federal regulations.
True
What is nolo contendere in legal proceedings? a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant a plea by which the defense attorney exhibits evidence that the defendant is not fit to stand for trial a plea by which the defense attorney sets out reasons as to why the case should not go to trial a plea where the accused agrees to the imposition of a penalty but does not admit guilt
a plea where the accused agrees to the imposition of a penalty but does not admit guilt
Which of the following would be considered an offer to form a unilateral contract? an auction with reserve a reward offer an auction without reserve an advertisement
a reward offer
Which of the following is supported by consideration? a written contract a gift promise an illusory promise a preexisting duty
a written contract
Clive cannot take any action against the company because he had abnormally misused the product. generally known dangers abnormal misuse assumption of the risk supervening event
abnormal misuse
According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product? only the manufacturers of the products all parties in the chain of distribution only the parties directly involved in the sale of the product to the customer all parties providing services related to the product
all parties in the chain of distribution
In a criminal trial, which of the following is a condition required for an accused person to be found guilty by a jury? more than 50 percent of the jurors must find the defendant guilty of the crime the jury's verdict must be approved by the presiding judge all the jurors must unanimously agree that the defendant is guilty of the crime at least half the jurors must find the defendant guilty of the crime
all the jurors must unanimously agree that the defendant is guilty of the crime
If a competitor reverse engineers a trade secret, the competitor is ________. obliged to inform the original owner of the trade secret allowed to use the trade secret but not the trademarked name not allowed to gain commercially from the trade secret rightfully allowed co-ownership to the trade secret and its original trademark
allowed to use the trade secret but not the trademarked name
Which of the following is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime? an actus reus an arraignment an arrest warrant a penal code
an arrest warrant
Which of the following hears appeals from trial courts? an intermediate appellate court a court of record an inferior trial court the highest state court
an intermediate appellate court
Which of the following can be filed by the defendant of a lawsuit? answer complaint injunction reply
answer
The use of copyrighted material in a satire or parody is an example of ________. comparative copyright infringement application of the fair use doctrine piracy contributory copyright infringement
application of the fair use doctrine
John Crichton had applied for a trademark logo at the U.S. Patent and Trademark Office for his new startup company, stating that he would use the logo in commerce within the next six months. After six months, he had not yet used the logo. Which of the following courses of action does trademark law allow Mr. Crichton to retain his logo until he uses it in commerce? cancel the current application and reapply for the same logo change the logo slightly and reapply for the revised logo pay a fine so that the trademark gets registered immediately apply for a 6-month extension for the logo
apply for a 6-month extension for the logo
The threat of immediate harm or offensive contact is ________. assault battery libel disparagement
assault
Harvey was at his college reunion where he met Raymond, his former roommate. Harvey and Raymond did not get along well at the reunion. Offended by something Raymond said, Harvey punched him in the face, breaking Raymond's jaw as a result. Harvey is liable for _______ battery disparagement negligence assault
battery
Why does an illusory contract lack consideration? because the consideration promised is unlawful and therefore void because the compensation paid is for work done in the past because one or both parties can choose not to perform their contractual obligations because the person promises to perform an act or do something he is already under an obligation to do
because one or both parties can choose not to perform their contractual obligations
The legislative branch of the U.S. federal government is ________. monocameral polycameral bicameral tricameral
bicameral
An invitation to make an offer for the sale of goods is a(n) ________. advertisement reward proposal bid
bid
A contract is ________ if the offeror's promise is answered with the offeree's promise of acceptance. bilateral unilateral unenforceable executed
bilateral
The Jumpstart our Business Startups Act (JOBS Act) was enacted in 2012 ________. as a subsection of the Securities Act of 1933 by the U.S. Chamber of Commerce as a subsection of the Securities Exchange Act of 1934 by the U.S. Congress
by the U.S. Congress
Alan tells Zhang that he will pay her $5,000 if she runs the Boston Marathon. Once Zhang starts running the marathon, Alan ________. cannot revoke the contract can reduce the amount he has offered to Zhang can revoke the contract, since informal verbal agreements are not legally binding can only increase the amount of money he has offered to Sherry
cannot revoke the contract
Which of the following is a mark that confirms that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark? service mark collective membership mark guarantee mark certification mark
certification mark
Which of the following refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction? chain of command demand chain chain of distribution value chain
chain of distribution
The geographical area served by each U.S. court of appeals is referred to as a ________. county circuit district range
circuit
Which of the following types of damages are designed to place the nonbreaching party in the same position as if the contract had been fully performed? compensatory exemplary nominal punitive
compensatory
Which of the following refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit? order appeal rejoinder complaint
complaint
Intentional misrepresentation occurs when a seller or lessor ________. fails to assemble a product carefully shows negligence in product design conceals a defect in a product fails to warn customers about the dangerous propensities of a product
conceals a defect in a product
An attorney who receives a percentage of the amount recovered in a personal injury lawsuit, but who receives no compensation whatsoever if the lawsuit is not won or settled in the client's favor, is utilizing what kind of fee arrangement? hourly rate contingency-fee retainer flat fee
contingency-fee
Which of the following is a legal right that gives the author of qualifying subject matter, and who meets other requirements established by law, the exclusive right to publish, produce, sell, license, and distribute the work? trademark trade secret patent copyright
copyright
A response by an offeree that contains terms and conditions different from or in addition to those of the offer is called a(n) ________. rejection revocation counteroffer acceptance
counteroffer
Ron uses his status message on his Facebook account to invite his friends to buy his desktop computer. His friend Carl is interested and calls Ron to express his interest. Ron tells him that he is selling the computer for $400. Carl offers to pay $350 and Ron accepts the offer. Carl's response to Ron's offer to sell for $400 is considered as a(n) ________. counteroffer mirror image rule acceptance unequivocal acceptance rejection
counteroffer
Which of the following are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts? intermediate appellate courts state supreme courts courts of record inferior trial courts
courts of record
Which two elements are required to find a defendant guilty of an intent crime? criminal negligence and strict liability criminal act and criminal intent malum in se and malum prohibitum criminal act and proof of gain
criminal act and criminal intent
Mark and Jack work as clerks at the New Bank of North America, which they plan to rob. In order to plan and execute the robbery, Mark and Jack obtained the floor plans of the bank and studied the security arrangements and movements of security personnel. They even got weapons, in case force is required, as they plan to rob the bank during working hours. But the police got information about the plan and arrested Mark and Jack, and thus prevented the robbery from taking place. Which of the following crimes has Mark and Jack committed? extortion money laundering criminal conspiracy larceny
criminal conspiracy
Which of the following is a digital currency that works as a medium of exchange and serves as virtual cash? a bond a draft cryptocurrency a security
cryptocurrency
If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________. an attractive nuisance professional malpractice breach of the duty of care intentional misrepresentation
professional malpractice
Libel and slander constitute ________. invasion of the right to privacy defamation of character misappropriation of the right to publicity the tort of outrage
defamation of character
Tom is a famous athlete. A magazine published an interview with his ex-girlfriend in which she falsely claimed that Tom took performance enhancing drugs for several years. Tom can sue his ex-girlfriend for ________. defamation of character invasion of the right to privacy malicious prosecution strict liability
defamation of character
Clayton Inc. is a toy manufacturer that has released a new line of action figures. The toys are meant for children between the ages of one and two. However, they come with tiny detachable weapons that can be accidentally swallowed by children of that age. Which of the following defects do the action figures have that will make them strictly liable for any injuries caused? failure to avoid supervening event defect in design defect in packaging failure to provide adequate instructions
defect in design
Dorothy purchases a chair made by Wooden Designs Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sat on the chair, it broke and she was injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair? failure to warn failure to provide adequate instructions defect in manufacture defect in design
defect in manufacture
The term ________ refers to the oral testimony given by a party or witness prior to trial. deposition intervention class action interrogatory
deposition
Which of the following types of patents is valid for only fourteen years? design patent utility patent business method patent process patent
design patent
Which of the following is the act of a minor to rescind a contract under the infancy doctrine either orally, in writing, or by the minor's conduct? nullification disaffirmance ratification adherence
disaffirmance
A pretrial litigation process known as ________ serves several functions, including preventing surprises, allowing parties to prepare thoroughly for trial, preserving evidence, saving court time, and promoting the settlement of cases. pretrial motions discovery binding arbitration pleadings
discovery
The obligation people owe each other not to cause any unreasonable harm or risk of harm is known as ________. libel Good Samaritan law duty of care res ipsa loquitur
duty of care
A right to use someone else's land without owning or leasing it is called a(n) ________. life estate easement leasehold mortgage
easement
If a minor voluntarily leaves home and lives apart from her parents, this is referred to as ________. restitution adhesion restoration emancipation
emancipation
When the states ratified the U.S. Constitution, they delegated ________ powers to the federal government. statutory enumerated reserved police
enumerated
The ________ branch of the federal government has the power to enforce the law. legislative judicial executive
executive
Halfren, a county in the state of Halizona, is extremely earthquake-prone. The governor of Halizona sets up a committee to study the effects of past earthquakes on Halfren and the possible methods that could be used to minimize damage and loss of life. The committee found that a new technique of using steel reinforcements in building columns would help reduce overall damages. The findings were put to a debate at the local town hall, where it was accepted by a majority of the residents of Halfren. The state government then passed a law making it mandatory to use the new steel-reinforced columns while constructing new buildings in Halfren. Which of the following functions of the law did the state government of Halizona exhibit in this case? promoting social justice maximizing individual freedom facilitating orderly change shaping moral standards
facilitating orderly change
Kicker's Inc. has produced a new kind of candy bar, but it fails to mention on the packaging that the bar contains gluten and nuts. Consequently, many consumers who eat the bars suffer from severe allergic reactions. Which of the following can the injured customers cite as a defect in a strict liability lawsuit against Kicker's? defect in packaging failure to provide adequate instructions failure to warn defect in design
failure to warn
Which of the following refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging, causing injury if the dangers are unknown? defect in packaging failure to warn failure to provide adequate instructions defect in manufacture
failure to warn
Which of the following are the most serious of crimes and are considered inherently evil? felonies misdemeanors mala prohibita crimes violations
felonies
In a negligence case, a person is liable only for ________ events. superseding intervening overruling foreseeable
foreseeable
Which of the following is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection? service mark orphan work generic name private brand
generic name
Unless otherwise agreed, the buyer's payment in a shipment contract is due to the seller when the ________. shipment is transferred to a common carrier shipment is in transit goods are delivered contract is signed by both parties
goods are delivered
Which of the following is a function of the state supreme courts? reviewing the judgments and records of the lower courts and ratifying them conducting trials related to felonies and civil disputes hearing appeals from intermediate appellate state courts and certain trial courts conducting trials related to misdemeanor criminal law
hearing appeals from intermediate appellate state courts and certain trial courts
Decisions of the ________ are final unless a question of law is involved that is appealable to the United States Supreme Court. courts of appeals general-jurisdiction trial courts highest state courts courts of records
highest state courts
A guarantor is a person who agrees to pay a debt ________. according to the one-year rule if the party with secondary liability does not according to the equitable doctrine of part performance if the primary debtor does not
if the primary debtor does not
Under which of the following conditions can a person convert a gift promise into an enforceable promise? if the promisee receives a legal benefit if the promisor offers consideration if the promisor suffers a legal detriment if the promisee offers consideration
if the promisee offers consideration
If a contract is ________, a court will refuse to enforce or rescind the contract, and the court will leave the parties as it found them. illegal executory voidable valid
illegal
If an extortionist promises not to harm a child in return for the parents' payment of $50,000, what type of consideration is the promise not to harm the child? past consideration an illusory promise forbearance illegal consideration
illegal consideration
By allowing the United States citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve? maximizing individual freedom maintaining the status quo facilitating planning facilitating orderly change
maximizing individual freedom
Intellectual property falls into a category of property known as ________ property. physical tangible intangible real
intangible
Sending an objectionable e-mail to a third party and signing another's name constitute the tort of ________. battery invasion of the right to privacy intentional misrepresentation defamation of character
intentional misrepresentation
Which of the following are written questions submitted by one party to a lawsuit to another party? depositions rejoinders summons interrogatories
interrogatories
Which of the following is NOT one of the four major pretrial pleadings? interrogatory answer complaint cross-complaint
interrogatory
According to the Economic Espionage Act, ________. the rights to a trade secret must be renewed after a specified period of time it is a federal crime to steal another party's trade secret persons who have reverse engineered a trade secret can use that trade secret and its related trademark trade secrets can be shared for a limited amount of time
it is a federal crime to steal another party's trade secret
Which of the following is that which must be obeyed and followed by citizens subject to sanctions or legal consequences? morality philosophy law religion
law
A ________ is a transfer of the right to the possession and use of named goods for a set term in return for certain consideration. lease gift sale trade
lease
Ida moves to New York from Poland and wants to live in an apartment; however, Ida does not have enough money to buy one. Ida's colleague Henry told Ida that she could live in his old apartment for a year if she would pay him $25,000, and Ida agreed. This contract is a(n) ________. easement installment lease mortgage
lease
The ________ is responsible for making federal law. legislative branch Supreme Court president executive branch
legislative branch
Rhianna Air (Rhianna), a commercial air carrier, decides to lease a new airplane that is manufactured by Boeing. To finance the airplane acquisition, Rhianna goes to Municipal Bank (Municipal). Municipal purchases the airplane from Boeing, and Municipal then leases the airplane to Rhianna. In this transaction, Rhianna is the ________, Boeing is the ________, and Municipal is the ________. supplier; lessor; lessee lessee; supplier; lessor lessor; supplier; lessee lessee; lessor; supplier
lessee; supplier; lessor
Which of the following is NOT one of the four major pretrial phases? pleadings litigation discovery settlement conference
litigation
Which of the following are considered less serious crimes than felonies and are not inherently evil but prohibited by society? mala in se crimes felonies indictable offenses violations
mala in se crimes
A(n) ________ of a contract occurs when a party renders inferior performance of her contractual obligations that impairs or destroys the essence of the contract. material breach anticipatory breach minor breach substantial performance
material breach
Any age below the statutory age of majority is called the period of ________. restitution minority ratification disaffirmance
minority
Diane bought an action figure for David, her 3-year-old son, from Terrence's Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages? negligence fraud misrepresentation nuisance
negligence
Which of the following is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff? negligence nuisance fraud misrepresentation
negligence
The violation of a statute that proximately causes an injury is known as ________. negligence per se disparagement misappropriation res ipsa loquitur
negligence per se
The ________ states that the intent to contract is judged by the reasonable person standard and not by the subjective intent of the parties. Restatement (Second) of Contracts objective theory of contracts Restatement of the Law of Contracts common law of contracts
objective theory of contracts
Apart from recovering damages and recovering profits made by the offender, successful plaintiffs in a trade secret misappropriation case can also ________. obtain an injunction prohibiting the offender from divulging the trade secret ask for transfer of any of the offender's patents to the plaintiff ask to acquire the offender's trade secrets as payoff obtain the offender's trademarks or brand name as payoff
obtain an injunction prohibiting the offender from divulging the trade secret
Section 24 of the Restatement (Second) of Contracts defines a(n) ________ as the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it. revocation advertisement offer order
offer
A contract in which a seller agrees to sell all of its production to a single buyer is known as a(n) ________. requirements contract best-efforts contract option contract output contract
output contract
The doctrine of ________ allows a court to order an oral contract for the sale of land or transfer of another interest in real property to be specifically performed if it has been partially performed and performance is necessary to avoid injustice. part performance commercial impracticability equal dignity promissory estoppel
part performance
Which of the following is a grant by the federal government to an inventor for the exclusive right to use, sell, or license the invention for a limited period of time? patent trademark copyright trade secret
patent
Which of the following is a part of intellectual property? buildings business contracts patents vehicles
patents
A collection of criminal statutes is referred to as a ________. penal code constitution charter bill
penal code
In litigation, the party who files a complaint is called the ________. defendant plaintiff prosecutor bailiff
plaintiff
In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a ________ decision. plurality majority consensus unanimous
plurality
The ________ provides that federal law takes precedence over state or local law. executive branch Free Exercise Clause preemption doctrine Due Process Clause
preemption doctrine
Which of the following is defined as the substantial likelihood that a person either committed or is about to commit a crime? reasonable suspicion reasonable doubt preponderance of the evidence probable cause
probable cause
According to the public use doctrine for patents, ________. the invention will come into the public domain once its term period has expired an invention cannot be used in the public domain before its creator has received an associated patent the inventor must test his invention in the public domain to measure its validity before the government will grant a patent a patent will not be granted if the invention was already in public use for more than one year prior to the filing of the patent application
the invention will come into the public domain once its term period has expired
A contract is created when ________. the offeree acknowledges receipt of the offer the offeree sends acceptance the offeror acknowledges receipt of acceptance acceptance has been received by the offeror
the offeree sends acceptance
Suppose a pedestrian trips and falls on a poorly lit sidewalk in front of Kate Geller's house and is injured. If the pedestrian sues for damages, which of the following parties would most likely be liable for the damages? Kate Geller the civic authority the residents' association of the locality the pedestrian
the residents' association of the locality
Which of the following is covered by Article 2 of the Uniform Commercial Code (UCC)? the sale of stocks the sale of intangible goods the sale of real estate the sale of tangible goods
the sale of tangible goods
Which of the following constitutes a breach of contract? the seller's nondelivery of goods to a buyer who has a document of title the buyer's acceptance of nonconforming goods the seller's delivery of conforming goods the buyer's nonacceptance of conforming goods
the seller's nondelivery of goods to a buyer who has a document of title
Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael? assumption of risk the transferred intent doctrine the comparative negligence doctrine the contributory negligence doctrine
the transferred intent doctrine
Why have checks and balances been built into the U.S. Constitution? to keep a check on the number and frequency of amendments made to the Constitution to ensure that the judiciary is not biased or corrupt to ensure that people of all races and ethnicities are uniformly represented to prevent any one of the three branches of the government from becoming too powerful
to prevent any one of the three branches of the government from becoming too powerful
The right of a seller to refuse to send goods to a buyer upon breach of a sales contract by the buyer or the insolvency of the buyer is known as the right ________. to reclaim goods to withhold delivery of replevin to dispose of goods
to withhold delivery
Which of the following is a product formula, pattern, design, compilation of data, customer list, or other covert business information? patent trade secret trademark copyright
trade secret
"Just Do It" is a famous slogan used by the Nike Corporation. Which of the following types of intellectual property is it? trademark patent trade secret copyright
trademark
A company logo is an example of a ________. trade secret patent trademark copyright
trademark
Which of the following is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers? trademark patent copyright trade secret
trademark
Which of the following best describes battery? intentional confinement or restraint of another person without that person's consent oral or written defamation of another person's character an action that arouses reasonable apprehension of imminent harm unauthorized and harmful or offensive physical contact with another person that causes injury
unauthorized and harmful or offensive physical contact with another person that causes injury
A contract is ________ if the offeror's offer can be accepted only by the performance of an act by the offeree. unilateral executory implied-in-law bilateral
unilateral
Which of the following is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions? disparagement the tort of outrage the tort of misappropriation unintentional tort
unintentional tort
Regarding trademark protection, what is secondary meaning? when a distinctive mark or design is created for a new product or service when ordinary words establish new meaning due to their attachment to a product or service when descriptive words are used that have no direct relevance to a product or service when a mark that resembles a mark already registered with the United States Patent and Trademark Office is used for a new product or service
when ordinary words establish new meaning due to their attachment to a product or service
t what stage of criminal procedure is the accused asked to enter a plea? when the accused is being arrested when the accused is being booked when the accused is taken to an arraignment when an indictment or information statement is being issued
when the accused is taken to an arraignment
When does a patent enter the public domain? when the patent has been challenged in court and found to be an infringement when the invention is either obvious or not a novel one when the patent term period has expired when the government deems that the practical purpose of the invention is universally
when the patent term period has expired
