MGMT 3304

A mistake of fact can often excuse criminal responsibility.

True

A trademark is a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods, and distinguishes its products from those made or sold by others.

True

Acceptance of an e-contract must show that the offeree voluntarily assented to the offer's terms.

True

All laws establish rights, duties, and privileges that are consistent with the values and beliefs of a society (or its ruling group).

True

Brandon has worked at Google for five years and is being considered for a management position. His supervisor, Claire, writes an e-mail about Brandon's performance to those evaluating him for the management position. The message contains certain negative statements, which Claire honestly believes are true. If Claire limits the disclosure of the contents of the message to company representatives, her statements will likely be protected by a qualified privilege.

True

Contractual obligations will be discharged when the specific subject matter of the contract is destroyed.

True

In tort law, intent means only that the person intended the consequences of the act, or knew with substantial certainly that certain consequences would result from the act.

True

It is legal for law enforcement to set up a phony social media account to obtain information, or help catch a suspect.

True

The failure of one party to perform under a contract, entitles the other party to rescind the contract.

True

The landmark case of Marbury v. Madison set the decision and precedent for judicial review.

True

To obtain copyright protection under federal law, a work must be original

True

Under the Federal CAN-SPAM act, it is prohibited to send unsolicited commercial e-mail to randomly generated e-mail addresses.

True

The Bill of Rights embodies

a series of protections for the individual against government action.

Cass, a certified public accountant, agrees to perform an audit for Drone Distribution, Inc. These parties are most likely to follow the rules of contract law in order to

avoid potential disputes

Larry advertises a reward for the return of his lost dog. Miguel does not learn of the reward but finds and returns the dog. With respect to Miguel, Larry's ad is not an offer because it lacks the element of

communication

ChemCo Inc. expends funds and takes steps to ensure that all employees are treated fairly and that they are acting ethically and are accountable to society. This is the concept of:

corporate social responsibility.

ChemCo Inc. expends funds and takes steps to ensure that all employees are treated fairly, and that they are acting ethically and are accountable to society. This is the concept of:

corporate social responsibility.

Music Masters, Inc., enters into a contract to pay Nagi for a dozen original songs. Nagi transfers the right to payment under the contract to Omni Artists. After the transfer, Nagi's contract right to the payment is

extinguished

Bob wants to sue XYZ corporation, his employer, for violating his civil rights. He states their employer procedures do not apply equal rights. What court would Bob bring suit?

federal court

When deciding to engage in corporate social responsibility, a key factor when selecting activities is

how the social activity relates to the business activities of the corporation.

Product Sales Inc. adheres strictly to the goal of maximizing profits. Even so, Product Sales will benefit by also using ethical behavior:

if customer service and reviews are good.

An internal business code of conduct is not

legally binding law.

Phoenix, Inc., is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. The publications are printed in a unique process that includes a 3-D printer. Phoenix could most likely obtain trademark protection for its

logo

At Mattress Store, Nate signs a contract to buy bedroom furniture. The contract sets a schedule of $500 monthly payments, subject to a late fee of 15 percent. Nate finds the language of the contract difficult to understand. This is most likely

procedural unconscionability.

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must

prove beyond a reasonable doubt that Rosa committed every essential element of an offense.

To avoid unethical practices by a foreign supplier, an effective business practice is to

routinely monitor the foreign workplaces.

A judicial decision on the constitutionality of an executive order that limits certain state actions is

the power of judicial review.

Big Dig LLC makes an offer to perform an excavation and related tasks for Commercial Development Corporation, but due to a substantial mathematical mistake, significantly underprices the work. Commercial accepts the offer. Data Big's best defense against enforcement of the contract is that Commercial knew

the price was below the prices of comparable services.

Brewed Beans, Inc., makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast, Inc., later markets a similar drink under the name "KoKoKafe." This is most likely

trademark infringement.

Ross registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand of sweet fried potatoes that has a domain name of sweetfriedpotatoes.com. This is an example of:

typosquatting

A lease between Mia and Niles for residential property contains an exculpatory clause. This clause is most likely

unenforceable.

Wrongful interference with a contractual relationship occurs when

All of these choices. a valid and enforceable contract exists between two parties. a third party knows that this contract exists. the third party intentionally induces a party to breach the contract.

An overemphasis on long-run profit maximization is a common reason for ethical problems that may occur in a business.

False

An unwelcome kiss can be considered an assault.

False

Embezzlement includes the making (or altering) of any writing in a way that changes the legal rights and liabilities of another.

False

In posting statements or photos to social media sites, a person has a reasonable expectation of privacy.

False

Jeff threatens Alison with a gun and then shoots her. The firing of the gun is both assault and battery.

False

The E-sign Act applies to all types of legal documents.

False

The triple bottom line is a measure that includes: a corporation's profit, its impact on people, and how the corporation feels about it.

False

Under the Cybersquatting laws, if a person is offering to sell a domain name that is the same (or similar) as another's trademark and intends to profit from the sale, it is legal.

False