Study guide
In Ine Color of Law the author, Richard Rothstein, refers to de jure segregation, which example below best describes de jure segregation
U.S. Housing Authority (USHA) manual warning that i&l was undesirable to have integrated communities.
Sal is mentally incompetent but has not been adjudged by a court to be incompetent. Sal enters into contract with Tony for cleaning and maintenance of uptown office building. Most likely the contract is
Voiable
Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely
a theft of trade secrets
GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely
patent infringement
____ are clauses in real estate contracts that were enforceable by law that prevented the sale of residential real estate to buyers based on the buyers religion, ethnicity and race
Fair housing act
Information that may be protected as trade secrets includes
Marketing techniques and customer lists only
Ray agrees to buy one hundred pounds of almonds from Sol. To be enforceable, the agreement must be in writing if the almonds cost at least
$500
State university provides housing on campus and in some adjacent off campus neighborhoods. Te lease a university house or apartment, a person must be a student at state. This requirement is
A condition precedent
Works that can be copyrighted include
Books, records, films, artworks, products, videos etc.
A clause in a property deed that prevents an owner from selling renting or the occupation of property to certain racial ethnic or religious groups is called
Civil rights act (1968)
Cold Play Corporation makes snowmobiles. Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving, and he is thrown off. Esty, a hiker standing in the path of the unmanned vehicle, is struck and injured. In a suit based on strict product liability, Cold Play may be liable to
Dale and Esty
Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that
Diego was not injured
Sloane drives into Tire service and asks to have her a tire replaced for her car. After the service replaces the tire but before Sloane pays for it any contract between them is
Executory
Dash convinces Esmé to enter into a contract for the purchase of falafel waffle food cart by knowingly misrepresenting a number of material features about facility and the business. Most likely, Esmé can rescind the contract on the basis of
Fraud
Ileana hires Jim to mow Ileanas lawn every Friday although they do not discuss the terms of payment after wach of the first three friday mows Ileana pays jim on Saturday. The payment term is
Implied
In an online blog oren states that publicity corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and oren cannot assert a sufficient defense oren is kost likely liable for
Libel
Motor Corporation (MC) makes cars and trucks. National Sales Company sells all MC vehicles. Open Road Inc. leases only the cars. Under product liability laws, liability for injuries or damage caused by an MC vehicle may be imposed on
MC, National Sales, or Open Road.
Why were color-coded "redlines," residential maps created
Perceived level of lending risk
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
Zoning laws have been used for the following
Racial discrimination, lending risk
In Ihe Colot of Law the author, Richard Rothstein, refers to de facto segregation, which example below best describes de facto segregation
Real estate brokers/agents engaging in "blockbusting
Targeting certain communities for high risk predatory lending, such as the marketing of subprime mortgages, is called
Reverse redlining
With respect to different types if transactions, including ordinary loans, the purpose if a usury statue is to
Set a Maximum rate of interest
In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can probe all of the elements of defamation and Mia cannot assert sufficient defense, Mia is most likely liable for
Slander
Gary owns two all terrain vehicles worth 1000 and 500 respectively. Helen enters into a contract to buy garys atv for 750. Gary believes in good faith that he is selling 500 atv. Helen believes in good faith that she is buying the 1000 atv. In this situation
There is no contract
Data Inc. offers to provide certain services to Enterprise LLC, but mistakenly transposes some of the digits in the price so that $15,400 appears in the offer as $14,500. Enterprise accepts the written offer. Enterprise's best argument in favor of enforcement of the contract is
a unilateral mistake does not afford relief from a contract.
Marketing Inc. offers to create a campaign to increase N'Ice Creamery, Inc.'s online business. N'Ice agrees to pay for the service. These parties have
an express contract
Jan tells Lee she will give him her old car if he babysits her son Mark weekday evenings for six months. Lee agrees. Jan and Lee have formed
bilateral contract
Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely
fair use
Airsoft, Inc. makes toys. Airsoft intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Bing buys an Airsoft product and suffers an injury. Airsoft is most likely liable for
fraud
Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have
intended to commit the act
Reed agrees to sell his Sports Equipment store to Taylor. As part of the sale, Reed promises not to open a similar, competing store anywhere. This promise is most likely
invalid because of the unreasonable terms of area and time.
Hal posts online secretly recorded videos of Ida, and includes her name, address, phone number, and Facebook page. Most likely, Ida could bring a successful tort action against Hal for
invasion of privacy
Kim promises to pay Leo $500 to install a sump pump in Kim's warehouse. Leo completes the installation. The act of installing the pump
is the consideration that creates Kim's obligation to pay Leo.
O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is
license
Ness, a broker, advises Ollie to invest in Penny Stock Inc. When the share price of Penny's stock drops, Ollie accuses Ness of fraud, claiming reliance on the broker's advice. The reliance that gives rise to liability for fraud requires
misrepresentation of a fact knowing that it is false
EcoEnergy LLC files a suit against Fiber Optics Inc., claiming that the consideration for their contract is inadequate—that the plaintiff will not realize sufficient financial benefit from the deal to make it worthwhile. Most likely, the court will
not question the adequacy of the consideration.
To be protected under the copyright act, a work must be
original and fixed in a durable medium
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
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
patent
Do-It-Rite Inc. makes and markets tools. Evan uses a Do-It-Rite power screwdriver to scrape grout—a purpose for which it was not intended—and is injured when the tool slips. Evan files a product liability suit against the maker. The defendant's best defense is most likely
product misuse
Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may be awarded punitive damages to
punish the defendant and deter others from similar wrongdoing.
Fabien offers to sell his Graphic Signs, LLC, business to Hana for $100,000. Hana replies, "The price is too high. I will buy it for $75,000." Hana has
rejected the offer and made a counteroffer
Allen promises to pay Barb, his niece, $5,000 if she obtains her degree at City University, where she is in her third year. Barb graduates. Allen is
required to pay because Barb obtained a degree at City.
Salty Snacks Inc. markets a fish-shaped cracker. When Tasty Tidbits Inc. begins to sell a similar product, Salty files a suit against Tasty, alleging infringement and claiming that consumers are likely to be confused. The court will most likely
rule in the plaintiff's favor.
Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because
the activity is extremely risky.
Donald is a minor. He can enter into any contract an adult can, provided
the contract is not one prohibited by law for minors.
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
