practice q's
Baez is employed by Credit Agency Inc. On the termination of Baez's position, Credit Agency pays Baez $10,000 to agree not to disclose the employer's confidential information. Later, Baez sells the information to Debt Records LLC for $100,000. In a suit for breach, Credit Agency is most likely to recover
$10,000 from Baez
To test computer security and conduct encryption research, Solutions Inc. circumvents the encryption software and other anti piracy protection of Tech Corporation's software. Under theDigital Millennium Copyright Act, this is
a "fair use" exception to the provisions of the act
Burger Corporation allows its trademark to be used as part of a domain name for Burger NY Inc.,an unaffiliated company. Burger NY does not obtain ownership rights in the mark. This is
a license
Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is
a patent
Vin admires Will's collection of vinyl records. Vin asks, "Will you sell it?" This statement is
a request, not an offer
The Bill of Rights embodies
a series of protections for the individual against the government action
Gilbert wants to initiate a suit against Health ways Insurance Company by filing a complaint. The complaint should include
a statement alleging the facts showing the court has jurisdiction
Data Inc. offers to provide certain services to Enterprise LLC, but mistakenly transposes some ofthe digits in the price so that $15,400 appears in the offer as $14,500. Enterprise accepts thewritten offer. Enterprise's best argument in favor of enforcement of the contract is that
a unilateral mistake does not afford relief from a contract
Sara files a suit in a state court against Tech Innovations Inc. The parties are allowed to file litigation-related documents with the court online. This is
an electronic court filing system
Luke puts his motorcycle up for sale via a post on an online auction site. This is
an invitation to negotiate, not an offer
Owen decides to sell his ranch, Pine Ridge, in a live auction. When the auctioneer puts the property up for bids, it will be
an invitation to submit offers, not an offer itself
Works that are copyrightable include
books, music videos, product packaging
If a contract between two parties is avoided
both parties are released from it
Life Products Inc. enters into a contract to sell medical supplies to Med Clinic, which later sells some of the items to Nina, a patient and consumer. Article 2 of the UCC applies to
both transactions
Bottling Company enters into a contract with Chug's Brewery to provide certain bottling and delivery services. Before Bottling starts to work, the market price rises for the fuel for glass ovens. Bottling tells Chug's that due to the added cost it will not perform their deal. Bottling's contractual obligation to Chug's is
breached
Beryl enters into a contract with Clay for a guided tour of Deep Canyon. Clay represents that he is an experienced, knowledgeable guide, when in reality he has never been in the canyon. Most likely, Beryl
can rescind the deal based on fraudulent misrepresentation
Information that may be protected as trade secrets includes
customer lists, pricing information, marketing techniques
Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, FederalCircuits Inc., gives Electrical Works a review of Dylan that includes negative statements FederalCircuits knows are untrue. This is
defamation
Flash Inc., a maker of athletic shoes, registers and uses "flash" as its domain name. Later, GotShoes Company begins to use "flast" (an intentional misspelling of "flash") as its domain name.Got Shoes is most likely
diminishing the quality of flash's mark
If a voluntary petition in bankruptcy is found to be proper, the court's entry of an order for relief
discharges the debtor's obligations
Inez hires Josh to paint her portrait to her satisfaction for $4,000. When Josh finishes the portrait,Inez announces that she is not satisfied with it. Inez
does not have to pay Josh
Shippers Warehouse initiates a suit against Trans-State Trucking (TST) by filing a complaint. IfTST files a motion to dismiss, the firm is asserting that
even if the facts in the complaint are true, TST is not legally liable
Kari and Lillian, who are citizens of California, are involved in a case related to the adoption oftheir child. Over this case, California state courts have
exclusive jurisdiction
Lon is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely
forgery
BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible
in none of these circumstances
Don interferes with the business interests of Aida in a way not permitted by law, and Aida's business is harmed as a result. To be liable to Aida for the commission of an intentional tort, Don must have
intended to commit the act
DIY, a retail hardware store in California, must use reasonable care on its premises to warn its customers of
known dangers
Petro Fuel files a suit in a state court against Quality Gas. Before the trial, Petro requests fromQuality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal
metadata
Lyn is injured when a part of a building ledge breaks free and strikes her. If Lyn brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for
monetary losses, such as medical expenses
Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise "due care" to make the crib safe, and Cara's child Dua is injured as a result. Baby Things is most likely liable for
negligence
Rona asks Steve, "Do you want to pay me to provide your business with a marketing campaign?"This is
not an offer because the terms are not definite
Nick, the chief executive officer of On/Off Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit
only the power of the federal government
Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as
other engineers
Errol works for Food Packing Company. Errol's supervisor Gwen writes a negative review ofErrol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense
privilege
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 150 percent. Nate finds the language of the contract difficult to understand. This is most likely
procedurally unconscionable
Marie claims that a California state statute infringes on her "procedural due process" rights. This claim focuses on
procedures used in making decisions to take life, liberty, or poverty
Reese contracts to sell her Spicy Pizza restaurant to Titian. As part of the deal, Reese agrees not to open a competing business within a hundred-mile radius for ten years. Reese later sues Titian, alleging that the agreement is illegal. To enforce the covenant not to compete, the court will most likely
reform the contract to make the distance and time limits reasonable
Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with
robbery
Kent tries to start his car with no success. He yells that he will sell the car to anyone for $10.Livy, a passerby, hears Kent's yell. This is not an effective offer because it lacks
serious intent
Quarry Mining Inc. and Riverside Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present. If this substantially prejudices Riverside's rights, a court will most likely
set aside any award
Generally, given the broad language of the Constitution, the line between state and national powers is often determined by
the courts
Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except
the growth of the equipment's sales
Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to
the parts of the app that can be read by computers
When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is
the plaintiff
The term checks and balances refers to the system under which
the powers of government are divided among its branches, each of which exercises a check on the actions of the others.
The Food and Drug Administration (FDA) is an executive agency. As an executive agency, theFDA is subject to the authority of
the president
A federal form of government is one in which the national government shares sovereign power with
the states
Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate
the wrongfulness of her conduct
Without authorization, Ben uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo's products but diminishes the quality of the coffee company's mark. This is
trademark dilution
Under a contract with Valley View Villas, a residential development, Weng begins grading a terraced hillside. Halfway through the project, Weng asks for $5,000 over the contract price, claiming an increase in the "cost of doing business." Valley View agrees. This agreement to pay more is
unenforceable because Weng's performance was a preexisting duty under the contract, unenforceable because Weng's request modified the contract