BLaw Final
Development Associates (DA) agrees to buy five acres o land from Eastside Properties for $15,000. Eastside fails to go through with the deal in the agreed date, when the market price of the land is $17,ooo. DA must recover
$2,000
In an emergency situation, Milena, an emergency medical technician, riders aid to Lothar, who needs help. Lothar would most likely be prohibited from suing Milena for negligence under
A Good Samaritan statute
Loren files a suit against Mabel, alleging a failure to pay for the harvest of Mabel's orchards. Mabel denies Loren's charge and claims that Loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach. Mabel's claim is
A counterclaim
Via the internet, Rocky sabotages the computer system of Quik Chik'n Company, a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that the consumers of the food become ill. Rocky is
A cyberterrorist
To prepare for a trial between Condo Development Corporation and Demo Construction Company, Condo's attorney places Demo's president under oath. An authorized court official makes a record of the attorney's questions and the officer's answers. This is
A deposition
Rashad accesses Quant Company's computer system without the authority to obtain protected financial data. Under the federal law, this is
A felony if it is committed for a commercial purpose
Odell is a director of Price Rite, Inc. As a director, with respect to the corporation, Odell is
A fiduciary
Boz, a clerk for a Cheezy Burger, Inc., restaurant goes out on strike with the other employees. After the strike, Boz must be given his job back if there is still work at the restaurant and the strike was
A lawful economic strike
Bee Hive Honey, LLC's members include Chad. For purposes of suing and being sued, Bee Hive Honey is
A legal entity apart from the owners
USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms. The mark is
A service mark
David's family came to the United States from Ukraine in 1895. Eva's family came to this country from Venezuela in 1995. Fiona's family came from Mexico in 2005. Current immigration laws are based on
A system of sanctions against employers who hire illegal immigrants
Vicky contracts with Rashad for the delivery of hospice services to benefit Sigmund. This is
A third party beneficiary contract
Main Street Lenders, Inc., attempts to coerce Nolan-- who specializes in determining the value of real and personal property-- into misstating the value of a property on which a loan is to be issued. This is
A violation of the law
Hailey and Ike hold the first organizational meeting of Java Drive-In Corporation. Probably the most important function of this meeting is
Adopting Java's bylaws
Delicious Fruit-of-the-Month Company currently employs five hundred full-time workers and two hundred part-time seasonal workers. Because business has declined, Delicious plans to close a plant that employs more than fifty full-time workers. Advance notice of the layoff must be sent to
Affected workers or their union representative
In Ben V. city Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Daphne V Even Steven Auto Deals Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
Allow the minor to cancel the contract
Noah and Orin do business as personal Partners. In most states, for purposes of suing and being sued, Personnel Partners would be treated as
An entity
Consumer Mortgage Loans provided Demi with a Mortgage to buy a home. Under the Terms, Demi can Choose to pay only the interest portion of the monthly payments and forgo paying of the principal for five years. This is
An intrest-only mortgage
Minnesota enacts a statute to ban advertising in "bad taste". This statute would likely be held by a court to be
An unconstitutional restriction of speech
Refer to Fact Pattern 3-1A. Resolving the dispute between Organico and Pleasant Valley by having a neutral third party render a binding decision is on of the advantages of
Arbitration
Coco is considering forms of business organization for her concessions business-- Coco's Cupcakes. Most states require that a limited liability company have at least
At least one member
The Merit Systems Protection Board issues a rule. Like other administrative agencies' "legislative rules," this rule is
Binding as a law passed by Congress
Cecilia's Day Spa, LLC, is a member-managed limited liability company. If the law in Cecilia's state is like the law in most states, unless the members have agreed otherwise, voting rights are apportioned according to
Capital contributions
Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, Killing Chris. But for Bart's negligence, Chris would not have dies. Regarding the death, the crash is the
Cause in the fact
Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision
Changed the agency's prior policy without justification
Heat Wave, Inc., makes portable heaters. To pay its liability of injuries to consumers harmed by defective heaters, Heat Wave can pass the costs on to
Consumers in the form of higher prices
Kim uses her new recording Let's Go, the guitar solo from Malcolm's digital sound recording without his permission. This is
Copyright infringement
County Zoning Commission classifies Dale's vacant land as single-family residential. This is not in accord with the general plan which designated the area commercial. Surrounding parcels are zoned commercial. Under the equal protection of the Fourteenth Amendment, this is
Discriminatory
Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a
Duress
Location! Realty LLC is a limited liability company. Like other LLCs, for federal jurisdiction purposes, Location! Realty is most likely a citizen of
Every state in which its members are citizens
Glen, the owner of Harvest Farm, and Ima, the tenant of the farmhouse on the property, may create a fixed-term tenancy by
Express contract
Elin, an agent for First Credit Corporation (FC), enters into an unauthorized contract with Great Expectations, Inc. (GE), purportedly on FC's behalf. This contract will be enforceable if it is ratified by
FC
A closed shop is a workplace that rejects union memberships as a condition of employment
False
A contact is always enforceable even if one party is aware that the other party made a mistake of fact
False
A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the internet
False
A judge's function is to make the law
False
A kickback for a special favor or service is not considered a bribe
False
A misdemeanor is a crime punishable only by a fine
False
A trial commences with the plaintiff's attorney's direct examination of the first witness
False
After every strike, strikers have a right to return to their jobs
False
An act that causes indignity is sufficient to recover for the infliction of emotional distress
False
An assignment of the interest of a limited partner dissolves a limited partnership
False
An employee who works more than eight hours must be paid overtime
False
Assisted negotiation describes proceedings for minors and other parties who lack contractual "capacity"
False
Borrowers are required to recite the terms of their loans in clear, readily understandable language so that lenders can make rational choices
False
Compensatory damages are foreseeable damages that arise from a party's breach of a contract
False
Federal courts are superior to state courts
False
Federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy
False
If a contractual promise is not fulfilled, the person who made it is not subjected to the sanctions of the court
False
If an investigation reveals a suspected violation of an administrative ruler, the agency can not issue a formal complaint against the suspected violator
False
In a judicial foreclosure, the lender is allowed to foreclose on and sell the property without judicial supervision
False
In a sole proprietorship, the proprietor shares the burden of any losses or liabilities incurred by the business enterprise with the government
False
In contract law, "consideration" refers to the courtesy that one party shows another in negotiating a deal
False
It is not identity theft to use a fabricated identity to access financial resources online
False
Most cyber crimes are "new" crimes
False
No offer may be revoked before it is accepted
False
No state has adopted the Uniform Commercial Code in its entirety
False
Only a limited partnership's limited partners have a fiduciary obligation on the other partners
False
Ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability
False
Pretrial mediation is never mandatory
False
Statutory law does not include county ordinances
False
The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request
False
To succeed in a strict product liability suit, an injured plaintiff must be more than a mere bystander
False
Uniform laws apply in all states, including those in which the laws have not been adopted.
False
When a contract party alters a written contract, the other party must adapt his or her performance accordingly
False
Velma borrows $110,000 from Watershed Bank to buy a home. If she fails to make payments on the mortgage, the bank has the right to repossess and auction off the property securing the loan. This is
Foreclosure
Refer to fact pattern 16-1A. Under federal law, if 24-Hour Credit fails to provide certain material disclosures with respect to the loan, Benny's right to rescind the loan
Is extended for up to three years
Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" his employer's computer time to start up his own business, Rowdy Drenchers. This is
Larceny
Inger is a franchise of Honey Bear Restaurants, LLC. Their contact gives Honey Bear the right to control virtually all aspects of Inger's operation, including the hiring of employees. One of the employees, Joris commits a tort against Kiley, one of Inger's customers. Miley files a suit against Honey Bear. Honey Bear is most likely
Liable because Honey Bear exercises control over Inger's operation
Mixing Equipment, Inc., (MEI), makes paint-mixing equipment. Nia is injured by a defective MEI mixer. A statutes restricts the time within which, after Nia is injured, she may file a product liability suit. This is a statute of
Limitations
Grady, an obese, individual, files a suit against Fry Fast Food Corporation (FFFC), alleging that FFFC's food os unhealthy because, as Grady knows, it contains high levels of cholesterol and saturated fat. Grady is most likely to
Lose, because Grady knows of the foods unhealthiness
Refer to Fact Pattern 17-2A. Mace dissociated for networx. Luann signs a contract with Physik Drives, a wholesale component supplier, apparently on Networx's behalf. Physik does not know of Mace's dissociation. The contract is binding on
Luann, Mace, and Networx
Ray breaches his lease with Sunny Properties and vacates the premises six months before the end of the term. In some states, Sunny would have to
Make reasonable efforts to relent the premises to mitigate damages
The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress
Makes the laws
The Food and Drug Administration (FDA) is investigating reports that the Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands of the particular documents from Caplets
Must be general so as to force an uncooperative party's compliance
Jolie signs a contract that Keaton, an unlicensed physician, to perform plastic surgery-- a medical procedure. This contract is enforceable by
No one
During a union election campaign at Western Hydraulics Company, the Union can campaign on Western's property in
Non-work areas during non-work time
Refer to Fact Pattern 17-1A. Desi and Gwen are
Not partners, because Gwen does not have an ownership interest or management rights in eSites
Ruth owns a home on which she has two mortgages provided by Security Bank. Town Refinance Inc. tells Ruth that it can refinance the loans to reduce her payments. Town Refinance provides all of the required documents, which accurately state the payments under the new loan as higher. Ruth does not read the documents. Town Refinance is most likely liable for
Nothing
Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an internet service provider. Most likely to be held liable for the remark is
Oakley
Lewis is a state court judge. Like other judges, Lewis often refers to secondary sources of law for guidance. These sources include:
Official comments to statute
TransCorp, Inc., and UniShip, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may
Order a party to submit to arbitration
Wild & Scenic River Tours, Inc., is a corporation. Wild & Scenic has the implied power to
Perform all acts reasonably appropriate and necessary to accomplish its corporate purposes
The Securities Exchange Commission is an administrative agency. The chief purpose of such agencies is to
Perform specific government functions
Lark enters into a contract to mine limestone in Milena's quarry, sell it, and share the prophesy on its sale with Milena. If the duties under this contract are discharged like those under most contracts, the duties will be
Performed
Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is
Protected
Joy invites Ken into her apartment. Ken commits trespass to land if he
Refuses to leave when Joy asks him to go
Kelsey promised to pay Jon, her son, $5,000 if he obtains his degree at Ivy University, where he is currently in his second year. Jon graduates. Kelsey is
Required to pay, because Jon obtained a degree at Ivy.
Panini Vittles, Inc.,contracts with vino to deliver its sandwiches. Later, the parties decide to cancel their contact. They can
Rescind their contract to the extent that it is executory
From a location in Asia, Basil sends spam to U.S email addresses touting a variety of deceptive scams in an attempts to dupe unwitting recipients into revealing their bank account and credit card numbers. Under the U.S Safe Web Act, the federal Trade Commission can
Share information with foreign agencies to investigate and prosecute
Home Healthcare Services wants its employees and applicants to undergo genetic testing. Home may
Test its employees for a genetic predisposition to a disease
Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes
The crops and the trees
After notice-and-comment rule making, the U.S Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer the BLM's interpretation of
The facts and the law
Ulrica wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include
The facts establishing Ulrica's basis for relief
Ric designs a new computer hard drive, which he manes "Sci Phi". He also writes the operating manual to be included with each final product. Rick could obtain patent protection for
The hard drive only
In an action against Elin, Frank obtains a remedy. This is
The legal means to recover a right or to redress a wrong
Carl sells Direct Marketing Enterprises, a sole proprietorship, to Eve. This is a transfer of
The ownership of the business
Phil agrees to work for Vacation Resorts, Inc., as a chef. In determining whether a contract has been formed, an element of prime importance is
The parties' intent
Sven receives an MP3 player stolen from Thomas. To be criminally liable, Sven must know
The player is stolen
Kailin owns a farm near Manhattan, Kansas, with a farm house, barn, and other structures permanently attached. Kailin grows soybeans on the property. A pond lies within the boundaries. Lands includes
The pond, the soil, and the the structures
The U.S Fish and Wildlife Service uses notice-and-comment rule making. This involves a period during which
The public is asked to comment on a proposed rule
A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply
The statute
The process behind the production of "Numb3rs", a suite of business accounting and inventory software, is protected by
Trade secrets law
A corporation is a legal entity created and recognized by federal law
True
A forum-selection clause in a contract designates which nation's law will be applied to any dispute
True
A franchise is a contractual arrangement
True
A holding company is a company whose business activity consists of holding shares in another company
True
A limited liability company (LLC) formed in one state but doing business in another state is referred to in the second state as a foreign LLC
True
A profit is the right to make limited use of another person's real property without taking anything from the property
True
A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products
True
A reference to "28 U.S.C Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code
True
A state cannot regulate the overall appearance of a community
True
A unilateral is a promise for an act
True
Acts of purported agent in and of themselves can create an agency by estoppel
True
An agents authority to act on behalf of a principal must be actual and apparent
True
An employer must verify a prospective worker's eligibility for employment in the United States and abroad
True
An unauthorized scan of a bank account can be an invasion of privacy
True
Any crime that requires knowledge of computer technology for its investigation is a computer crime
True
Damages are designed to punish a breaching party and deter others from similar conduct
True
Final administrative rules have binding legal effect unless the courts overturn them
True
Forcing someone to enter into a contract through fear created by threat is duress
True
If a discovery request involves confidential business information, the scope of the request can be limited
True
If a homeowner defaults, the lender has the right to foreclose on the mortgages property
True
If property is owned as community property, a spouse owns an undivided one-half interest in it
True
If the meaning of a statute's language is unclear and an agent interprets it, a court must overturn the interpretation
True
In most states, employers who show an ability to pay claims do not need to buy workers' compensation insurance
True
Laws governing franchising are designed in part to prevent franchisors from terminating franchises without good cause
True
Many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action
True
Misrepresentation of a material fact can occur through conduct alone
True
Most contracts need to be performed to personally satisfy the party to whom performance is owed
True
Normally, if employees are informed that their communications are being monitored, they cannot expect those communications to be private
True
Ratification occurs when a principal accepts responsibility for an agents unauthorized act
True
Some states require franchisors to provide resale disclosures to prospective franchisees
True
The checks and balances in the U.S Constitution prevent any one branch of government from exercising too much power
True
The degree of care to be exercised in a situation can vary with a person's profession or occupation
True
The duration of a franchise is a matter to be determined between the parties
True
The establishment clause of the U.S Constitution prohibits the federal government from promoting a religion
True
The first amendment does not protect commercial speech as extensively as noncommercial speech
True
The goal of meditation is to work out a resolution that benefits both sides
True
The taxing and spending clause of the U.S Constitution has had a greater impact on business than any other clause in the constitution
True
Theft of confidential data by industrial espionage is a theft of trade secrets
True
Tortfeasor is the term for a person who commits a tort
True
Under the police powers, states can regulate only public activities, such political demonstrations
True
Property Financial Corporation makes loans that qualify, under a Federal Reserve Board amendment to Regulation Z, as Higher-Priced Mortgage Loans (HPMLs). Quinn applies to Property Financial for an HPML. To make the loan, the lender must
Verify the borrower's ability to repay the loan
Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for
Wrongful interference with a business relationship
Diego is a truck driver for Entertainment Supplies Company (ESC). Diego does exactly what ESC tells him. Diego is
an employee
An employer's refusal to bargain over certain subjects demonstrates a lack of good faith
true?
