L201 Final: Practice Questions
Any word, name, symbol, device, or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors is called a: a) Trademark. b) Copyright. c) Signature. d) Patent.
A: - definition
Nolan and Suzy worked for Gretchen's Restaurant as servers. Gretchen's Restaurant has 36 employees. Suzy was promoted to head server over Nolan because Nolan was frequently late and unreliable. Nolan filed a claim with the EEOC pursuant to Title VII claiming sex discrimination. Because Nolan filed an EEOC claim, Gretchen fired him. Is Nolan likely to have a viable Title VII retaliation claim? a) Yes, an employer may be liable for a Title VII retaliation claim even if the original Title VII claim had no merit b) No, Title VII does not apply to employers with less than 40 employees c) Yes, but only if he can prove equal effort, equal skill, equal responsibility, and similar working conditions d) No, men are not a protected class for TitleVII
A
Big University has hired a company, Gracyn's Construction, to demolish and rebuild part of a building on the edge of campus. Gracyn's Construction (which is not an employee of Big U) neglects to take necessary safety precautions (failure to warn pedestrians of the danger, failure to block off the area, failure to properly secure the worksite, etc.). Because of these failures, several students are seriously injured when some scaffolding falls on them.Will BU be liable for the injuries? a) No, because Gracyn's Construction was an independent contractor. b) No, because Gracyn's Construction was not acting with apparent authority. c) No, because Gracyn's Construction was not acting with actual authority. d) Yes, because although BU could contract for Gracyn's Construction to perform the work, BU could not avoid liability for this non delegable duty.
A: - Principal's are not liable if agent is a non employee
Paul is in the business of selling books and does so from a panel truck bearing his name and occupation. Sometimes, Paul contracts to supply customers with books not in his possession. One day, Paul loans his truck to his friend Amy, who is to use it for personal business. While in possession of the truck, Amy represents herself as Paul's assistant and contracts with some of Paul's regular customers to deliver certain books the next day. Is Paul likely to be bound by the contracts Amy makes even though Amy is not his agent? a) Yes, because of apparent authority. b) No, because Amy does not have authority to contract. c) Yes, because of express authority. d) No, because Paul did not ratify the contracts. e) Yes, because of implied authority.
A: - Third party assumes Amy has the authority to contract
Which type of marks is most likely to be registered for trademark protection? a) Arbitrary. b) Descriptive. c) Generic. d) Suggestive.
A: - arbitrary marks are the most protected
Adam decides to eat food despite knowing that it is adulterated and brags about it to Dee. Later, Adam falls sick from infection. Adam sues the supplier of the food for injury suffered by him. The defense which can be taken by the food supplier is: a) Assumption of risk b) Product misuse c) Disclaimer d) Strict Liability
A: - assumption of risk because Adam knew the adulterated and assumed the risk by eating it
Brian's Disco sells used music instruments and disco balls. Brianhas a written, conspicuous statement at the register and on thesales receipt that the items he offers for sale are used and are sold, "AS IS, WITH ALL FAULTS." Arlen is a customer inBrian's store. Arlen offers to purchase a disco ball in Brian's store. Brian points out his sign that all items are sold AS IS and requests that Arlen examine the disco ball prior to purchasing it.Arlen declines the opportunity to inspect the disco ball. Arlen purchases the disco ball and it breaks within the first week.Arlen sues Brian for breach of the implied warranty of merchantability and breach of the implied warranty of fitness.What is the likely result? a) Brian will likely win on both theories b) Brian effectively disclaimed the implied warranty of merchantability; however, Arlen will likely win on the implied warranty of fitness c) Brian effectively disclaimed the implied warranty of fitness; however, Arlen will likely win on the implied warranty of merchantability d) Arlen will likely win on both theories
A: - "as is, with all faults" satisfies effectively disclaims implied warranties
Charles is an employee of BrusSells, a produce delivery service. Charles drives a BrusSells truck when he drives his route and makes his deliveries. BrusSells has a very strict policy that its drivers are to observe every safety regulation and are never to speed. Charles has no prior traffic citations and BrusSells checked Charles's references before hiring Charles (Charles had good references). BrusSells has a strong management system in place and regularly trains and supervises its employees, including Charles. On the day in question, Charles is trying to get his deliveries done quickly so that he doesn't miss his daughter Angela's soccer game. Charles is going 10 miles over the speed limit when he strikes Holden who is legally crossing the street in the crosswalk. If Holden sues BrusSells, under which theory is BrusSells most likely to be liable? a) Vicarious liability b) Direct and vicarious liability c) No liability because Charles was acting outside the scope of his employment (frolic) d) No liability because BrusSells could not reasonably expect the criminal behavior
A: - Agent is at fault, but BrusSells would be liable under respondeat superior
Andrea hired Jack to be the sales agent for her paintings. However, in a month's time, she terminated the agency with Jack. Harold, a customer who had dealt with Jack earlier, was not aware of the termination. Harold approached Jack to buy a painting and wrote him a check of $5,000, the advance payment for the painting which Jack promised would be delivered in two weeks. When Jack did not contact Harold later, Harold demanded that Andrea honor the contract, since Jack sold the picture as her agent. Which of the following is true of this situation? a) Since Jack had apparent authority, Andrea is liable to honor his contract with Harold b) Harold's duty was to contact Andrea. His failure to do this removes her liability to honor the contract c) Jack had express authority as Andrea's agent, which is not terminated with the termination of their agency d) As Andrea terminated the agency with Jack in violation of his rights, Jack has the direct authority to sell her paintings
A: - Andrea is still liable because Jack had apparent authority
A building owner (landlord) leases her building to a grocery business (tenant). The building owner knows that the automatic doors at the entrance have malfunctioned in the past but does not tell the grocery proprietor. The grocery proprietor is unable to discover the potential for malfunction himself. A customer is injured when the doors malfunction and suddenly close on his foot. Who is liable to the customer - a) the building owner (landlord) b) the grocery proprietor (tenant)
A: - building owner didn't notify about the defect
Elizabeth, who lives in Cincinnati,Ohio, crashes her car into Juan's sports utility vehicle, causing injuries and damages of $120,000while visiting her best friend at IU. Juan, who is from Bloomington,Indiana, can file a negligence (state law) lawsuit in which court(s)? a) US District Court Southern District Indiana, US District Court Southern District Ohio, Indiana State Trial Court, Ohio State Trial Court b) US District Court Southern District Indiana, US District Court Southern District Ohio c) Indiana State Trial Court, Ohio State Trial Court d) US District Court Southern District Indiana, Indiana State Trial Court
A: - look at the personal jurisdiction of the defendant (she is an Ohio resident) - YES to diversity jurisdiction - accident happened in Indiana (also minimum contacts)
TRUE OR FALSE: Corporations engaging in political expression are entitled to the same First Amendment protection as an individual engaged in such speech. a) True b) False
A: - political speech is fully protected under the first amendment
The day before Colin fired Simon, Colin had ordered Simon to falsify reports in anticipation of OSHA site inspectors coming within the week. Simon refused. The next day, Colin fired Simon. Does Simon have a wrongful discharge remedy against Colin? a) Likely yes because of the public policy exception. b) Likely yes because of the implied breach of contract. c) Probably not because Simon is an at will employee; however, he could likely receive unemployment compensation if he meets the state requirements. d) Likely yes because of covenant of good faith and fair dealing.
A: - public policy exception because employee refused to commit a wrongful act
Jonas contracts with Lucy to paint Lucy's house. Jonas paints Sarah's house by mistake, thinking it belongs to Lucy. Sarah is on vacation and does not know Jonas is painting her house. Sarah comes home from vacation and discovers her house has been painted. Sarah's house looks much better than it did before the paint job. Jonas' work has greatly improved the value of Sarah's house. Jonas sends a bill to Sarah and she refuses to pay. Jonas sues Sarah. Who most likely wins? Why? a) Sarah because she did not hire Jonas to paint her house and she did not know he was painting her house until the job was finished b) Jonas because of the doctrine of Quasi-Contract; Jonas conferred a benefit on Sarah & she retained the benefit c) Jonas because of the doctrine of Promissory Estoppel d) Jonas but only because his work has greatly improved the value of Sarah's house creating an Implied Contract
A: - quasi contract doesn't apply because Sarah didn't know Jonas was painting her house
Barbara and Joe agree that Joe will sell Barbara his used textbook for $125. They agree that payment and delivery will take place next week. Based on these facts: A) They have an enforceable contract B) They do not have a contract yet because no consideration has been exchanged C) They do not have a contract yet because there has been no reliance D) The contract is not enforceable because it is not in writing
A: - there is consideration and it will happen (time is specified)
Jessica, tenant, invites a guest, Martin, into her apartment. A puddle has formed inside Jessica's apartment next to Jessica's umbrella stand. Martin slips on the puddle and is injured. Who will be liable to Martin - (a) Jessica(tenant) (b)owner/landlord
A: - Jessica has more control over the risk
Assuming Melinda's claim falls under the scope of Title VII, which statement is FALSE? a) Melinda has an automatic right to sue b) Melinda must first file a charge with the EEOC or state agency c) Melinda must wait for a"right to sue" letter before she can file in court d) The EEOC has the right to investigate, conciliate, or sue the employer itself
A: - Melinda first has to file with the EEOC and wait for the right to sue - the EEOC can also investigate once filed with them
Under the product liability theory of strict liability as expressed in the Restatement (Second) of Torts, what is an essential fact that must be present if strict liability may be used in a lawsuit as the basis for recovery? a) The product must be unreasonably dangerous b) The product must be unmerchantable c) The product must be unfit for the purpose intended by the buyer d) The product must be unfit for any purpose
A: - for strict liability, product must be unreasonably dangerous
Which of the following lists in correct order the types of speech that receive the most protection against government regulation, from most protected to least: a) Political, artistic, commercial, false. b) Commercial, political, artistic, false. c) Political, commercial, artistic, false. d) Artistic, Political, commercial, false.
A: - full first amendment protection includes political, literary or artistic, scientific, economic, educational, ethical, and public interest or concern
A firm claiming a trade secret must show that it: a) took measures to ensure secrecy. b) gave adequate compensation for the work. c) has a license to produce the product. d) has enough research to back the product.
A: - trade secrets must have sufficient value or originality to provide an actual competitive advantage - should also have substantial measure of secrecy and reasonable means to ensure secrecy
Federalism is: A. Division of government into distinct branches to limit any one branch from exercising the core functions of another. B. Federal government possesses only those powers delegated to it by the U.S. Constitution. All remaining powers are reserved for the states or the people. C. Federal law generally takes precedence over state laws. D.Like cases should be decided alike - same facts, same legal issues, same result.
B
Most of the court's attention in trademark infringement cases is concerned with the: a) Dispute over profits made by the defendants. b) Likelihood of confusion over the trademark. c) Time period of the trademark rights. d) Generic nature of the disputed trademark.
B
Which of the following statements regarding commercial speech is true. a) Movies, television programs, and magazine articles are normally classified as commercial speech and are thus fully protected. b) It is not protected if it misleads or seeks to promote an illegal activity. c) It receives rational basis protection, if it is not misleading. d) It enjoys the same First Amendment protection as political expression.
B: - commercial speech chart
Alpha Inc. (located in New Hampshire) has filed a lawsuit in state court in Maine against Bravo Corp. (located in Vermont) and Cross Corp. (located in Maine). Alpha is suing for $80,000 for breach of contract under state law. Can the Defendants remove the case to federal court? a) No b) Yes
B: - diversity jurisdiction requirement fulfilled, so CAN remove to federal
Jason works maintenance for Nabisco. As such, he wears a Nabisco maintenance uniform and has an official Nabisco name tag. On Jason's name tag, under his name, it says "maintenance." After work one day, Jason went into Matt's Grocery Store. Jason had placed a small piece of black tape on his badge over the word "maintenance." Jason falsely told Matt, the owner of Matt's Grocery Store, that he was a food salesperson for Nabisco. Nabisco has no knowledge that Jason told Matt that he was a food salesperson. Nabisco also has no knowledge that Jason has ever done anything similar in the past (falsely represented his authority). Jason has a perfect work record. Relying on Jason's statement, Matt signed a contract with Jason, as agent for Nabisco, and paid Jason $1,000 toward a shipment of grocery items. Nabisco did not deliver the shipment of grocery items. Matt sues Jason and Nabisco for damages. Who is liable to Matt's Grocery Store for damages? a) Jason & Nabisco b) Jason (on the implied warranty of authority) c) Nabisco d) Neither Jason nor Nabisco
B: - Jason misrepresented his authority
Simon was hired by Colin to be the Manager of one of Colin's Car Washes. Simon moved all the way across the country for the job. Colin told Simon that he could be assured of permanent employment with the company. After five years, for no particular reason, Colin fired Simon without notice. Does Simon have a wrongful discharge remedy against Colin? a) Likely yes because Simon wasn't an at will employee; Colin promised Simon permanent employment. b) Probably not because Simon was an at will employee. c) Likely yes because Colin needed a good reason to terminate Simon and Simon hadn't done anything specific wrong. d) Likely yes because Simon is not an hourly employee.
B: - Simon was an at will employee - "permanent" does not take it out of at will - either party can terminate without notice or non discriminatory reason
Which of the following statements regarding commercial speech is true? a) It enjoys the same First Amendment protection as political expression b) It is not protected if it misleads or seeks to promote an illegal activity c) It receives rational basis protection, if it is not misleading d) Movies, television programs, and magazine articles are normally classified as commercial speech and are thus fully protected
B: - if commercial speech is misleading/unlawful, it does not have any protection
Palmer goes to a truck dealership and asks for a truck capable of handling a 5000-pound load. He makes it clear that it is up to the salesman to select an appropriate truck. Without saying anything about the truck's load-carrying capacity, the salesman selects a certain truck for Palmer. Relying on the salesman's choice, Palmer buys the truck in question. However, the truck can only handle a 2500-pound load. Palmer wants to sue the dealership because he didn't get the truck he desired. Which of the following product liability theories gives Palmer his BEST chance of recovery? a) Express warranty b) Implied warranty of fitness c) Implied warranty of merchantability d) Section 402A
B: - implied warranty of fitness because it is for a particular purpose and the buyer relied on the seller's skills and judgement
Melinda, who is white, is one of 16 employees at George's Bagel Shoppe. Melinda has worked at George's for three years. Her co-worker Oliver has worked at George's for two years. Melinda and Oliver do essentially the same job and have essentially the same qualifications. Melinda is paid twelve dollars per hour while Oliver is paid 15 dollars per hour. Melinda maybe able to assert a claim pursuant to: a) Title VII b) The Equal Pay Act c) Section 1981 d) Two of the above
B: - only the EPA
Which of the following Title VII disparate treatment defenses is still a violation of TitleVII? a) Seniority/Merit defense b) Same decision defense c) BFOQ d) None of the above
B: - same decision defense is still a violation of Title VII
Which of the following characterizes section 43 (a) of the Lanham Act? a) It requires a case to be arbitrated. b) It is available only to commercial parties. c) It addresses everything except advertisements. d) It is a consumer remedy. e) It creates a state law of unfair practices.
B: Lanham Act: - Federal law of unfair competition - Applies to commercial parties - Applies to claims of infringement, commercial appropriation of name or likeness, and right of publicity
After a student named Bob insults him in class, Marvin, the professor, pulls out his 38-revolver and fires a shot at Bob. Bob ducks, and the shot misses him, but strikes another student named Cathy, who never saw the shot coming and never knew what hit her. Bob and Cathy sue Marvin for the intentional torts of assault and battery. What is the likely result? a) Bob and Cathy can both recover for assault and battery. b) Bob can recover for assault; Cathy can recover for battery. c) Bob can recover for battery; Cathy can recover for assault. d) Bob cannot recover; Cathy can recover for battery.
B: - Bob can recover for assault because there was apprehension of harm - Cathy can recover for battery because of the transferred intent doctrine
Henny Penny Supermarket entered into a contract with Natalia Green Foods, Inc., to purchase 50 pumpkins, to be delivered to Henny by Oct. 1, 2007. The parties did not, however, state a price for the pumpkins in their contract. In this situation: (A) the common law will not recognize a contract because the agreement was not sufficiently definite (B) Under the UCC, a contract can be formed between Henny Penny and Natalia even if the price was not stated (C) No contract was formed here because it fails the predominant purpose test (D) the common law of contracts applies in this situation
B: - UCC is most flexible with offer communication, indefiniteness of terms typically doesn't mean no contract
Which of the following is applied in a lawsuit between two private parties? a) criminal law b) civil law c) procedural law d) public law
B: - civil law establishes duties and obligations between private parties
Mom promises to pay $100 to Junior, who is 20, if Junior promises to refrain from drinking any caffeinated drinks until he reaches the age of 21. Junior, excited about the money, makes the promise not to drink any caffeinated drinks. The agreement is: (A) Not binding, because Junior conveyed nothing of legal value to Mom (B) Binding, because there is consideration to support the agreement (C) Not binding, because there is no genuine bargained-for exchange (D) Binding, because refraining from drinking caffeine is inadequate legal value for $100
B: - consideration given by Mom ($20) - consideration given by junior by giving up caffeinated drinks
The U.S. Constitution provides distinct powers to the Congress, the president, and the federal courts. This is the principle of: a) Due process of law. b) Separation of powers. c) Judicial review. d) Federal supremacy.
B: - definition
Which of the following is true about a sole proprietorship? a) A sole proprietorship is a legal entity b) A sole proprietorship cannot sue or be sued c) A sole proprietorship as form of business can be transferred to someone else d) A sole proprietorship has a life of its own apart from its owner
B: - it is not a legal entity, so cannot sue or be sued
Lucy wants to replace all of the major appliances in her home. She entered into a contract with Appliances Are Us for the purchase and installation of the appliances. The price of the appliances was $10,000 and the cost of the labor to install the appliances was $1,000. Later, Lucy became dissatisfied with this transaction and now wants to sue Appliances Are Us. Lucy wants to apply the contract rules of the UCC, but Appliances Are Us wants to apply the contract rules of the common law. Which source of law will LIKELY govern this case? a) The contract rules of the UCC apply, because the contract included the sale of goods b) The contract rules of the common law will apply because Appliances Are Us is a merchant c) The contract rules of the UCC apply, because the predominant purpose of the contract was sale of goods d) The contract rules of the common law apply, because the contract included services, which are governed by the common lawLucy wants to replace all of the major appliances in her home.
C: - goods are most predominant in the contract
"The challenged law must be necessary to the fulfillment of a compelling government purpose." This is laid down for the: a) rational basis test. b) intermediate scrutiny. c) full strict scrutiny test. d) still-controlling test.
C: - For strict scrutiny, government must prove that the speech restriction is necessary to the fulfillment of a compelling government purpose
The ____ is the preferred form of business for professionals such as consultants, engineers, and lawyers, allowing them management flexibility while insulating them from personal liability (other than for their own torts). a) S Corp b) PC (Professional Corporation) c) LLP (Limited Liability Partnership) d) LP (Limited Partnership)
C: - LLP insulates from personal liability and also allows for management flexibility - LLP is the preferred form of business for professionals
Mira is white and her ancestors are from France and Ireland. However, Mira has darker skin and facial features that make her look like someone of Middle Eastern descent. Mira applies for a job at Carla's Carwash. Carla does not like people from the Middle East. Carla, thinking Mira is "one of those Muslims," does not hireMira. Does Mira have a Title VII claim? a) Yes, Mira has a Title VII sex discrimination claim because she is a woman b) Yes, Mira has a Title VII harassment claim because Carla does not like Muslim people c) Yes, Mira has a Title VII national origin discrimination claim because Carla thinks Mira is of Middle Eastern descent even though Mira is not from that region of the world and neither are her ancestors d) No, Mira is not in a protected class
C: - applicable even if she is not actually from Middle Eastern descent
Robin Feathers was shopping at Wild Bird Emporium, a pet store, when the store manager approached her, grabbed her roughly, and accused her loudly, and in the presence of many other shoppers, of stealing merchandise from the store. The manager had no particular reason to believe that Robin was shoplifting, but he liked to do random checks in order to keep shoppers on their toes. Robin protested her innocence and stated that she wanted to leave, but the manager led her to his office on the third floor and told her to wait for him. He locked the door behind him, leaving Robin in the office. There was a large window in the office, but Robin did not try to escape because she would have hurt herself if she had jumped out the window. Three hours later, the manager returned and Robin proved that she had not stolen anything. The manager then allowed her to leave. In this situation, the manager committed the torts of: a) Battery. b) False imprisonment. c) A and B. d) None of the above.
C: - battery because of offensive touching - false imprisonment because intentional confinement without consent, it was also not for a reasonable amount of time
John is angry because Harry is now dating John's former girlfriend. One day, as John was driving his car, he saw Harry walking by the side of the road. John deliberately swerved and struck Harry with the car. John may have consequences under: a) criminal law only. b) civil law only. c) both criminal and civil law. d) either criminal law or civil law but not both.
C: - criminal law because John violated his duty to society - civil law because there may be damages or equitable relief involved
John, a citizen of Indiana, plans to sue his employer for the company's violation of federal labor laws. John's employer Rayon, Inc. is also a citizen of Indiana, i.e. incorporated in Indiana with principal place of business in Indiana. John wants to file this suit in a U.S. District Court. He seeks $50,000 in damages. Will the U.S. District Court have jurisdiction over John's case against Rayon? a) Yes, because there is diversity jurisdiction b) A and C c) Yes, because there is a federal question d) No, because the damages are below $75,000 e) No, because they are citizens of the same state (Indiana)
C: - no diversity jurisdiction because not above $50,000 - matter of federal question because violation of "federal labor laws"
Darcy and Patti are pregaming on the roof of their apartment building. Darcy negligently sets Patti on fire while lighting her cigarette. Darcy, in her drunken state, tries to help Patti extinguish the flames but accidentally and negligently knocks Patti off the building onto the street below. Patti dies. Stacey, driving her car past the scene, sees Patti fall and has a panic attack which causes her to run intoHenry who happens to be walking his dog on the sidewalk. Henry suffers injuries to both legs and severe emotional trauma. Henry sues Darcy for negligence. Darcy's BEST argument is: a) No actual cause b) No duty and/or breach c) No proximate cause d) Defense of voluntary/negligent intoxication
C: - no proximate cause, too far in the causal chain
What is the main purpose of the taxing power? a) To regulate interstate commerce. b) To regulate grants to the states. c) To raise revenue for the federal government. d) To enact healthcare reform law.
C: - that is what taxes do.
Adam hired Saul to act as his sales agent in his jewelry store. Adam gave Saul actual express authority to sell items of jewelry up to $1,000 without checking with him; however, if the price was over $1,000, Saul was to check with Adam before making a sale. One day, a customer wanted to buy a necklace for $1,500 and Saul sold it to her without first checking with Adam. When Adam learned of this, he was upset because the price was a mistake; it should have been marked at $3,000. Adam wants the customer to return the necklace. Is the customer required to return the necklace? a) Yes, because Saul didn't have express authority to sell item b) Yes, because Saul didn't have implied authority to sell item c) No, because Saul did have apparent authority to sell the item d) No, because Saul did have implied authority to sell the item
C: - there was apparent authority because the customer thought Saul had authority to sell the jewelry
Holden was an employee of ABC Corp. Harry, the president of ABC, had reasonable grounds to believe that Holden had stolen money from the corporation. However, unbeknownst to Harry, Holden hadn't actually stolen any money. ABC fired Holden. One month later, Holden applied for employment at DEF Corp. Sam, the vice president for Human Relations at DEF, contacted Harry and asked about Holden's performance at ABC. Harry responded, "I believe that Holden stole money while working here." DEF declined to hire Holden. Holden later discovered what Harry had said, and is now suing Harry for defamation. What is the likely outcome of this case? a) Holden will win because Harry's statement harmed him. b) Holden will win because Harry did not have absolute proof that Holden had stolen money. c) Harry will win because he had a conditional privilege to make that statement. d) Holden will win because he did not actually steal from ABC Corp.
C: - Harry had the conditional privilege to make that comment because it was an employee reference
Charles is an employee of BrusSells, a produce delivery service. Charles drives a BrusSells truck when he drives his route and makes his deliveries. BrusSells has a very strict policy that its drivers are to observe every safety regulation and are never to speed. BrusSells failed to check Charles's references before hiring Charles. Had they checked, they would have discovered that Charles has several DUI's and reckless driving violations. On the day in question, Charles is trying to get his deliveries done quickly so that he doesn't miss his daughter Angela's soccer game. Charles is going 10 miles over the speed limit when he strikes Holden who is legally crossing the street in the crosswalk. If Holden sues BrusSells, under which theory is BrusSells most likely to be liable? a) Vicarious liability b) Direct liability c) Direct and vicarious liability d) No liability because Charles was acting outsidethe scope of his employment (frolic)
C: - Principal was negligent - Agent bound principal under vicarious liability
Stella purchased an iPhone 8 from Zac for $300. Zac told Stella that he got a really good deal on iPhones because he has a buddy who works for Apple. Unbeknownst to Stella, Zac had actually stolen the iPhone 8 from Mary. Later that week, Mary sees Stella using the phone and asks for it back. Stella refuses. Mary sues Stella for conversion. What is the likely result? a) Mary loses because Stella has acquired the iPhone in good faith. b) Mary loses because she should have taken better care of her phone. c) Mary wins because it is possible to be liable for conversion even if you buy or sell stolen property in good faith. d) Mary loses because Stella paid $400 for phone
C: - can still be liable for conversion even if it happens in good faith
A conspicuous, written statement that "THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF" will likely disclaim which of the following? a) Both implied warranty of merchantability and implied warranty of fitness b) The implied warranty of merchantability c) The implied warranty of fitness d) Neither implied warranty of merchantability nor implied warranty of fitness
C: - doesn't use the word merchantability - conspicuous and written so satisfies implied warranty of fitness
Stuart, a lawyer, sold his car to Carlos. The car has a faulty steering mechanism.Has an implied warranty of merchantability been created by this transaction? a) Yes, because a car is "goods" and the Uniform Commercial Code applies to contracts for the sale of goods b) Yes, § 402A will apply and Stuart will be strictly liable c) No, because Stuart is not a merchant d) Yes, because the car is not fit for Carlos' purpose
C: - implied warranty of merchantability requires the seller to be a merchant
A "long-arm" statute allows: a) criminal courts jurisdiction over civil cases. b) state courts more power than federal ones. c) courts to have jurisdiction over out-of-state defendants. d) appellate courts to hear new cases.
C: - minimum contacts
Congress has the power to regulate commerce among the states. In pursuance of this power, it passed legislation forbidding women from crossing state lines to buy or sell goods. Will the statute be held constitutional? a) Yes, because Congress has the power to regulate interstate commerce b) Yes, because Congress has not exceeded its enumerated power in enacting the legislation c) No, because it conflicts with equal protection guarantee d) Yes, because federal laws are always superior
C: - women are guaranteed equal protection
Assume 1 million dollars in damages and Pete is substantially responsible for 80% of his injuries• Contributory negligence? Pure Comparative negligence? Mixed Comparative negligence?
Contributory: Nothing Pure Comparative: 200,000 Mixed Comparative: Nothing
Silvia Sampson owns a bakery called Sylvia'sTreats, which is properly incorporated as Sylvia's Treats, Inc. Sylvia incorporated Sylvia's Treats,Inc. with very little capital. Sylvia's Treats, Inc. frequently has no money in the bank because Sylvia uses corporation funds to pay for her boyfriend's gambling debts. Sylvia's Treats owes money to Frank's Electrical Service. Does Frank's Electrical Service have a good argument that it is entitled to be paid from Silvia Sampson's personal funds? a) No, because Sylvia's Treats, Inc. is a corporation and a shareholder/owner is not personally liable for the debts of the corporation b) Yes, because Sylvia's Treats, Inc. is a sole proprietorship c) No, because Sylvia did not sign a contract with Frank's Electrical d) Yes, because of the doctrine of piercing the corporate veil
D: - Sylvia used the funds of the company for improper use, it pierces the corporate veil
Simon, General Manager of Colin's Cool Treats ,is told to make no expenditures over $100 while the owner (Colin) is away on an African safari.While Colin is away, a storm damages the store's roof and threatens further water damage to the interior. Simon pays for temporary repairs with business funds (totaling $1000). Did Simon violate the duty to obey instructions? a) Yes, Colin specifically told Simon not to make any expenditures over $100 while he was away on the African Safari. b) No, Simon, as store manager, has apparent authority to make decisions about the store. c) No, Simon, as manager, has actual (implied)authority by virtue of his job title - store manager - to make decisions about the store. d) No, Simon made a reasonable decision to make temporary repairs and prevent further water damage to the store's interior.
D: - As an agent, Simon had the duty to defend the principal's property
Charles is a nonemployee agent of BrusSells, a produce delivery service. Charles drives a BrusSells truck when he drives his route and makes his deliveries. BrusSells has a very strict policy that its drivers are to observe every safety regulation and are never to speed. Charles has no prior traffic citations and BrusSells checked Charles's references before hiring Charles (Charles had good references). On the day in question, Charles is trying to get his deliveries done quickly so that he doesn't miss his daughter Angela's soccer game. Charles is going 10 miles over the speed limit when he strikes Holden who is legally crossing the street in the crosswalk. If Holden sues BrusSells, under which theory is BrusSells most likely to be liable? a) Vicarious liability b) Direct and vicarious liability c) No liability because Charles was acting outside the scope of his employment d) No liability because BrusSells did not direct the tort and was not negligent in hiring
D: - Charles is a non employee so BrussSells is not liable
Julie owns a bakery with 20 employees. Amelia and Rochelle both work for Julie. Rochelle is a cashier and Amelia is Rochelle's supervisor. Amelia repeatedly makes inappropriate sexually charged comments to Rochelle. Rochelle kind of likes the attention(and she thinks Amelia is cute) but it also makes her a little uncomfortable. Rochelle asks Amelia to back off because the comments are "kind of inappropriate." Amelia stops for a while but then starts back up again after a few weeks. In addition to the comments, Amelia begins patting Rochelle on her bottom every time Rochelle walks by. Rochelle tells Julie that Amelia is bothering her. Julie meets with Amelia and gives her a warning. Amelia stops the inappropriate behavior. After awhile, Rochelle starts to miss the attention and begins flirting with Amelia.Amelia, encouraged, asks Rochelle out on a date. They go out and it doesn't go well. Rochelle, now uncomfortable at work, quits and sues Julie for sexual harassment. What is Rochelle's basis for supervisory sexual harassment and what is Julie's defense? a) Direct liability, quid pro quo, no defense b) Direct liability, defense that conduct not severe & pervasive c) Vicarious liability, quid pro quo, no defense d) Vicarious liability, defense that the advances by Amelia toward Rochelle were not unwelcome
D: - Hostile work environment chart
Paul enlists Myles as his agent for the sole purpose of selling his lawnmower. Paul directs Myles to tell potential buyers that the lawnmower is in good condition. It actually has faulty wiring (a very dangerous condition). Myles does an inspection but Myles does not discover the latent defect. Ginger is a potential buyer. Paul never speaks to Ginger. Myles tells Ginger that the lawnmower is in good condition. Ginger purchases Paul's lawnmower. Ginger discovers the faulty wiring. Ginger may sue Paul pursuant to: a) Direct liability b) Vicarious liability c) Direct and vicarious liability
D: - Principal was directly wrong in having Agent commit a wrongful act
Jordan, Store Owner of Jordan's Pizza in Bloomington, hires Macy as a delivery driver because she is the daughter of his best friend from college. Jordan hires Macy knowing that she has several DUI's and a suspended license. Jordan tells Macy to drive extra carefully and that he will not be responsible for her negligence. While on a delivery run, Macy quickly stops to return a book at the library, which is a block away from the delivery address. As Macy is pulling out of the library parking lot, she runs into Sasha, causing serious bodily and property damage. Sasha suesJordan's Pizza. Will Jordan's Pizza be liable? a) Yes, likely direct liability. b) No, because Macy was not acting within the scope of her employment at the time. c) Yes, likely vicarious liability. d) Yes, likely direct and vicarious liability.
D: - Vicarious liability because of respondeat superior - direct liability because of principal's negligence in hiring someone with several DUIs
What is federal supremacy? a) The principle that the federal government possesses only those powers delegated to it by the United States Constitution and that all remaining powers are reserved for the states or the people. b) The principle that the judicial power of the United States shall extend to all cases, in law and equity, arising under the United States Constitution and the laws of the United States. c) The principle that decides which court has the official power to make legal decisions and judgments and the extent of that power to make legal decisions and judgments. d) The principle that the United States Constitution, and the laws of the United States are the supreme law of the land and must prevail over any conflicting or inconsistent state exercise of power.
D: - definition
Jessica's dog Daisy ran away yesterday. Jessica is hanging flyers around town hoping someone will find Daisy and return her. Jessica starts hammering a nail into a post to hang her flyer. Victor is sleeping on a park bench nearby. As Jessica is swinging her hammer at the nail on the post, Victor raises his head, and the hammer barely miss Victor's eye. Jessica didn't know anyone else was around. For which tort will Jessica be liable? a) Battery. b) Assault. c) Intentional infliction of emotional distress. d) None of the above
D: - does not fit the elements of battery, assault, or IIED
Abe and Carlos want to forma general partnership. What must they do in order to create this legal form of business? a) They must get a partnership license from the secretary of state b) They must sign a written agreement and file it with the secretary of state c) They must first orally agree to become partners and then formulate a contract d) They can start a partnership without any formalities
D: - no formalities necessary to form a general partnership
The Commerce Clause has become a federal power with an extensive regulatory reach. This is largely due to judicial decisions regulating: a) the channels of interstate commerce. b) and protecting the instrumentalities of interstate commerce. c) persons or things in interstate commerce. d) activities that substantially affect interstate commerce.
D: - not sure why this is the answer
EY provides email accounts to its employees. EY does not tell its employees that it monitors email. Minnie, an EY employee, received and opened work account emails on her home computer. Minnie exchanged some emails with her coworker that included threats to kill the *&%*&^*. EY then fired Minnie for what it deemed inappropriate and unprofessional comments over the company email system. Minnie sued EY for wrongful discharge under the public policy theory alleging that public policy precludes EY from firing her in violation of her privacy. Who likely wins? a) Minnie, but only because she was using her home computer. b) EY, but only if they had probable cause to intercept the email. c) Minnie, because she did not know that EY was monitoring her email. d) EY, because an employee does not have a reasonable expectation of privacy in a communication made over a company's email system.
D: - the email accounts under EY, so it is reasonable for the company to monitor the emails
In the hierarchy of protected Trademarks, which of the following would be the LEAST likely to be protected? a) Proctor & Gamble. b) Delta. c) General Mills. d) Whole Foods.
D: - descriptive meaning
Charles is an employee of BrusSells, a produce delivery service. Charles drives a BrusSells truck when he drives his route and makes his deliveries. BrusSells has a very strict policy that its drivers are to observe every safety regulation and are never to speed. Charles has no prior traffic citations and BrusSells checked Charles's references before hiringCharles (Charles had good references). BrusSells has a strong management system in place and regularly trains and supervises its employees, including Charles. On the day in question, Charles decides to leave his route to meet his friends for drinks at the local bar. He leaves his route for an hour and has two beers. On the way out of the parking lot, Charles strikes Holden who is legally crossing the street in the crosswalk. If Holden sues BrusSells, under which theory is BrusSells most likely to be liable? a) Vicarious liability b) Direct liability c) Direct and vicarious liability d) No liability because Charles was acting outside the scope of his employment (frolic)
D: - frolic
Rishika, an Ohio resident, purchases a boat from Ash's Boats, LLC, an Ohio business (filed paperwork inOhio, HQ in Ohio). Ash's Boats fails to deliver the boat (worth approximately $50,000) and Rishika wants to sue for breach of contract(state law). Where can Rishika sue Ash's Boats? a) US District Court Southern District Ohio b)US District CourtSouthern District Indiana,US District CourtSouthern District Ohio c) Indiana State Trial Court, Ohio State Trial Court d) Ohio State Trial Court
D: - person jurisdiction in Ohio - subject matter jurisdiction is general (states can hear almost any dispute)
Nike creates a commercial in which an animated character endorses their product. This character has a striking resemblance to Andy Roddick, a professional tennis player. By extension, this ad is suggesting that Andy Roddick supports the brand. This is all done without his consent. This is an example of which type of intentional tort? a) False light publicity b) Public disclosure of private facts. c) Illegal brand promotion. d) Commercial appropriation of name or likeness.
D: - there was a commercial use of name to endorse the company