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To 1. have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains. 2. Voir dire is a process for presenting evidence in a case. 3. Ethics is the branch of philosophy that focuses on what constitutes right and wrong behavior. 4. Ethical reasoning is the process through which an individual rationalizes whatever action he or she chooses to take 5. A battery occurs only if the victim suffers actual physical harm 6. In theory, causation in fact is limitless. 7. A defendant is strictly liable for the results of his or her acts only if he or she intended those results. 8. There are no statutes regulating the use of spam 9. Because the Internet is vast, the unauthorized use of another's mark in a domain name is generally permissible. 10. A patent cannot be obtained for a plant or an animal. 11. Criminal liability depends on the commission or omission of an act. 12. Larceny relies on stealth while robbery relies on fear and force. 13. Embezzlement can be committed only by physically taking property from the possession of another. 14. An accord and satisfaction requires that the amount of a debt must not be in dispute. 15. Some states provide for the termination of minority status on marriage. 16. A minor who affirmatively misrepresents himself or herself to be an adult will not be able to disaffirm a contract in most states. 17. Parents are required by law to provide necessaries for their minor children. 18. If a price quotation contains a mistake in the adding of a number of figures, the contract may not be enforceable. 19. An expert's false statement to a naive buyer about a technical detail may entitle the buyer to rescind a contract. 20. Justifiable reliance on a misrepresentation is an element of fraud. 21. Oral evidence of the meaning of a contract with incomplete terms can be introduced at a trial. 22. Alienation is a transfer of the ownership of land. 23. Complete performance occurs when conditions in a contract are fully satisfied. 24. When a contract party alters a written contract, the other party must adapt his or her performance accordingly. 25. The four broad types of damages in contract law are compensatory, consequential, punitive, and actual damages. 26. A party seeking to recover compensatory damages may also be entitled to recover incidental damages. 27. Specific performance is the remedy customarily used when there is no actual contract or agreement between two parties. 28. Browse-wrap terms are generally enforceable. 29. Under the UETA, a signature may be denied legal effect solely because it is in electronic form. 30. The UETA provides that a document cannot be notarized electronically 31. Apparent authority exists if a principal causes a third party reasonably to believe that an agent has authority to act. 32. Any party who uses an e-agent is bound by the e-agent's actions. 33. To recover workers' compensation, an employee must prove that an injury was not the fault of the employer. 34. An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities. 35. An employee who leaves a job voluntarily cannot later claim to have been "constructively discharged" on the basis of unlawful discrimination. 36. A limited liability company cannot be taxed as a corporation. 37. A business trust is somewhat similar to a corporation 38. A shareholder in a professional corporation can be liable for malpractice arising from the rendering of professional services. 39. After a merger, a disappearing corporations preexisting rights disappear. 40. Shareholder approval is required when a corporation buys all of the assets of another company. 41. Directors are rarely compensated, but when they are, they cannot set their own compensation. 42. A corporate officer is not expected to be informed on corporate matters. 43. Preemptive rights entitle shareholders to bring a derivative suit against the corporation. 44. Damages awarded in a shareholder's derivative suit go to the shareholder personally. 45. A corporation whose security does not qualify for an exemption can dispense with the requirement of a registration statement. 46. The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies only to matters not covered by state law. only to those states that adopt the statute. to all of the states. to none of the states. 47. The Uniform Commercial Code has been adopted, at least in part, in (Points: 2) all states. 45 states. 25 states. no states. 48. Household Furnishings, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate (Points: 2) any commercial activity in the United States that substantially affects interstate commerce. only activities that are in intrastate commerce. only activities that are in local commerce. only activities that are not in commerce. 49. A Massachusetts state statute imposes a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this statute to be (Points: 2) constitutional. unconstitutional under the commerce clause. unconstitutional under the due process clause. unconstitutional under the free exercise clause. 50. Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have (Points: 2) certiorari. jurisdiction. standing. sufficient minimum contacts. 51. Cody wants to appeal his case against Digital Corporation to the United States Supreme Court. Cody must ask the Court to issue a writ of (Points: 2) certiorari. jurisdiction. standing. venue. 52. Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio (Points: 2) has a sufficient stake in the matter. has jurisdiction. has sufficient minimum contacts with the parties. is a more convenient location to hold the trial. 53. Leo, a resident of Missouri, owns a warehouse in Nebraska. He becomes involved in a dispute over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding this suit, Nebraska has (Points: 2) diversity jurisdiction. in personam jurisdiction. in rem jurisdiction. no jurisdiction. 54. In studying the legal environment of business, Professor Dooleys students also review ethics in a business context. Ethics includes the study of what constitutes (Points: 2) fair or just behavior. financially rewarding behavior. legal behavior. religious behavior. 55. Dion, an accountant for Engineering Associates, Inc., attempts to apply the duty-based approach to ethical reasoning in conflicts that occur on the job. This approach is based on the idea that a person must (Points: 2) achieve the greatest good for the most people. avoid unethical behavior regardless of the consequences. conform to societys ethical standards. place his or her employers interest first. 56. In making business decisions, Brian, personnel manager for Conservative Investments, Inc., applies his belief that all persons have fundamental rights. This is (Points: 2) a religious rule. the categorical imperative. the principle of rights. utilitarianism. 57. Molly shoots Norm with Opals pistol. The proximate cause of Norm being shot is most likely attributable to (Points: 2) Molly and Opal. Molly only. Opal only. neither Molly nor Opal. 58. Amber pushes Brad into the path of an oncoming car driven by Carol. Don tries to rescue Brad, but the car hits both of them. Amber is liable for the injuries of (Points: 2) Brad and Don. Brad only. Don only. neither Brad nor Don. 59. Aero Cola features Bubbly Colas trademark without its owners permission. Dana buys a bottle of Aero Cola. The mark has been infringed by (Points: 2) Aero. Bubbly. Dana. none of the choices. 60. USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms. The mark is (Points: 2) a certification mark. a collective mark. a service mark. trade dress. 61. In 2009, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Saras work is protected (Points: 2) for ten years. for twenty years. for the life of the author plus seventy years. forever. 62. Portia, a businessperson, is convicted of RICO offenses. Portia's penalties may include (Points: 2) dissolution of her business but not forfeiture of its assets or imprisonment. forfeiture of the business assets but not dissolution of the business or imprisonment. imprisonment and dissolution of her business but not forfeiture of its assets. dissolution of her business, forfeiture of its assets, and imprisonment. 63. Barb allows Candy to enter Barb's warehouse and take a DVD player. Charged with theft, Candy can successfully claim, as a defense, (Points: 2) consent. duress. entrapment. self-defense. 64. Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defense (Points: 2) Mary must not have been predisposed to commit the crime. Nick must have pressured Mary into committing the crime. Nick must have suggested that the crime be committed. all of the choices. 65. Lara is indicted for a crime. Mac, the arresting officer, advises Lara of her right to counsel. Lara waives the right and confesses to the crime. Later, Lara claims that her confession should be excluded as evidence from her trial. The statement will most likely be (Points: 2) admitted because Lara knew she did the crime and confessed. admitted because Lara made it after being advised of her rights. excluded because a confession is not admissible in a criminal trial. excluded because it was elicited before Lara was advised of her rights. 66. Britney promises to deliver a certain couch to Dan, who promises to pay for the service. Britney does not perform. She may be required to (Points: 2) do nothing. make another promise. pay damages. perform a different service. 67. Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have (Points: 2) an express contract. an implied-in-fact contract. an implied-in-law contract. a quasi contract. 68. Geof offers to sell his Honda for $10,000 to Ilsa, who says, "I'll pay no more than $5,000." Geof says, "Forget it. I changed my mind." Geof's offer was terminated by (Points: 2) Geof and Ilsa. Geof. Ilsa. market the prices of similar vehicles. 69. Retail Investment Company offers to sell a certain mall to Shopping Stores, Inc., if it accepts before 10 A.M. Monday. A contract is formed if Shopping Stores' acceptance is received (Points: 2) any time on Monday. before 10 A.M. Monday. before 11 A.M. Monday. within twenty-four hours of 10 A.M. Monday. 70. Quality Steel Corporation files a suit against Rite Tool Company, claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the consideration if (Points: 2) it is obvious that the consideration is adequate. Rite Tool asserts that there is adequate consideration. something of value passed between the parties. the consideration is worth more than $100. 71. Eastside Warehouse offers to sell a forklift to Forest Lumber Company, but it is stolen before Forest accepts. Eastside must obtain (Points: 2) a forklift for Forest, if Eastside's insurance covers the loss. a forklift for Forest, if it wants one. nothing for Forest, because that would extend the time of the offer. nothing for Forest, because the theft terminated the offer. 72. On Tad's 18th birthday, he decides that he no longer wants to keep a car he bought from U-Pick Autos, Inc., when he was 17. His right to disaffirm the deal will depend on (Points: 2) the car's condition when Tad bought it. the car's current condition. whether Tad acts within a reasonable period of time. whether U-Pick has the right to disaffirm. 73. National Insurance Company violates a statute when selling an insurance policy to Opal. The policy may be enforced by (Points: 2) National Insurance only. National Insurance or Opal. no one. Opal only. 74. Joy induces Kelly to enter into a contract for the purchase of a condominium about which Joy knowingly misrepresents a number of material features. When Kelly discovers the truth, Kelly can (Points: 2) enforce the contract and seek damages. enforce the contract but not seek damages. neither enforce the contract nor seek damages. seek damages but not enforce the contract. 75. Gregor uses duress to force Honi to agree to pay him for protecting Honi's Coffee Shop against vandalism and destruction. Honi may (Points: 2) avoid the contract or choose to carry it out. do nothing once she has agreed to pay. recover from her insurer for a failure to direct her "protection." recover from the local police for a failure to protect her "direction." 76. Clay buys an MP3 player for $200 and a pair of stereo speakers for $600 from a Discount City store, and downloads $300 worth of digital music from To be enforceable, the contract that must be in writing is the purchase of (Points: 2) the digital music, the MP3 player, and the speakers. the MP3 player and the speakers only. the MP3 player only. the speakers only. 77. Musical Production Company and Nora enter into a contract that calls for Nora to write six songs for which Musical agrees to pay her. Nora transfers her right to payment under the contract to Omni Entertainment Agency. Nora is (Points: 2) a delegator. an assignor. a payor. a righter. 78. Rural Development Corporation (RDC) and Sid enter into a contract for the clear-cutting of RDCs 50-acre tract for which RDC agrees to pay Sid. Sid transfers his duty to log the tract under the contract to Timber Logging Company. Timber is (Points: 2) a delegatee. an assignee. an obligee. a prohibitee. 79. Julio contracts to provide lawn-mowing services to Kevin for $140 per month. Julio cannot transfer this duty (Points: 2) under any circumstances. without continuing to be potentially liable. without Kevins consent. without paying Kevin at least one monthly fee. 80. Rite-Bilt Contractors, Inc., agrees to build a motel for Slumber Motels Corporation. The project proceeds according to plan, but before it is done, Slumber tells Rite-Bilt to quit. Rite-Bilt may recover (Points: 2) the contract price less costs of materials and labor. the contract price. the costs needed to complete construction. profits plus the costs incurred up to the time of the breach. 81. Recreational Pools, Inc., agrees to build a swimming pool for Sandy, but fails to build it according to the contract specifications. Sandy hires Total Fix-It Company to finish the project. Sandy may recover from Recreational Pools (Points: 2) the contract price less costs of materials and labor. the contract price. the costs needed to complete construction. profits plus the costs incurred up to the time of the breach. 82. Musicology Instrument Company and Noisemakers, Inc., enter into an e-contract. A dispute arises, and Musicology files a suit against Noisemakers. Like most courts to date, the court that hears this suit will probably apply (Points: 2) Article 2 of the Uniform Commercial Code. Article 2B of the Uniform Commercial Code. nontraditional e-commerce law principles. traditional common law principles. 83. Omni Products, Inc., and Plenty Sales Corporation transact a deal over the Internet. Their contract does not mention the UETA. The UETA covers (Points: 2) none of the contract. only the part of the contract that does not involve e-commerce. only the part of the contract that involves e-signatures. the entire contract. 84. Precision Applications Corporation (PAC) sends an electronic record to Quotient Systems, Inc., a PAC customer. Under the UETA, the record will be considered received when it (Points: 2) enters Quotient's processing system in a readable form, even if no person is aware of its receipt. enters Quotients processing system in a readable form, only if a person is aware of its receipt. is midway between the parties' processing systems. passes out of PAC's control. 85. Genetic Seed Company hires Howie to work in its shipping office, accepting deliveries and dealing with other companies' drivers. With respect to Genetic, Howie is most likely (Points: 2) an agent. an independent contractor. a principal. a work for hire. 86. Cody contracts with Drew to act as her agent in a fraudulent marketing scheme. Cody does not successfully complete the scheme. Drew can recover from Cody for (Points: 2) breach of contract. breach of implied warranty. breach of the duty of performance. none of the choices. 87. Sanitary Supplies Company requires its customers to pay by check. Tyla, a Sanitary driver, tells customers on her route that they can pay her with cash. When Sanitary learns of Tyla's collections, it takes no action to stop her. Tyla steals some of the cash. Sanitary may suffer the loss under the doctrine of (Points: 2) apparent authority. equal authority. express authority. implied authority. 88. Sunny is a salesperson for Tech Instruments, Inc. (TI). She misrepresents to Universal Piping Company, a customer, that a certain device has a certain capability. In reliance, Universal buys the device. Liable for this misrepresentation is (Points: 2) Sunny and TI. Sunny only. TI only. Universal but neither Sunny nor TI. 89. Seafood Canning Corporation keeps a file of I-9 verifications forms. To inspect this file, the appropriate government officer must obtain (Points: 2) a subpoena and a warrant. a subpoena or a warrant, but not both. not a subpoena, a warrant, or the employer's consent. the employer's consent. 90. Bo and Clancy decide to do business as Dynamo Production Associates. To be a partnership, this association can result from an agreement that is (Points: 2) express, but not from an agreement that is implied. implied, but not from an agreement that is express. oral, written, or implied by conduct. written, but not from an agreement that is oral or implied. 91. B2B, LLC, is a limited liability company. Among its members, a dispute arises that the operating agreement does not cover. The dispute is governed by (Points: 2) the applicable state LLC statute. a federal Uniform LLC Law. the principles of partnership law. a state corporation statute. 92. Owen, Paula, Quinn, and Rita combine to finance the building of Super Stores, a shopping mall. Their selected form of business organization is an investment group, or (Points: 2) a business trust. a joint stock company. a joint venture. a syndicate. 93. Pola and Quint want to form and do business as River Tours Corporation. A corporation can consist of (Points: 2) no natural persons. one natural person but not more. one or more natural persons. only more than one natural person. 94. Giant Lift Corporation purchases all of the assets of Heavy Hydraulics Corporation. With respect to Heavy Hydraulicss liabilities, Giant Lift is (Points: 2) automatically responsible. not responsible under any circumstances. responsible if Heavy Hydraulics is a competitor of Giant Lift. responsible if the sale is actually a merger or consolidation. 95. Flite-Craft Corporation makes and sells aircraft parts. In most states, the minimum number of directors that must be present before Flite-Craft's board can transact its business is (Points: 2) all of the directors authorized in the articles or bylaws. a majority of the number authorized in the articles or bylaws. any odd number. one. 96. Nina is a director of Omega, Inc. Under the standard of due care owed by directors of a corporation, Nina's decisions must be (Points: 2) ambiguous and questionable. arguable and defensible. informed and reasonable. perfect and unassailable. 97. Cole is a shareholder of Donut Holes, Inc. Cole will be deemed to have a fiduciary duty to Donut Holes and its minority shareholders if he has (Points: 2) a restriction on the transferability of his shares. a right of first refusal. a sufficient number of shares to exercise de facto control. watered stock. 98. Mit-E Clean Corporation wants to make an offering of securities to the public. This offering is not exempt from registration under the Securities Act of 1933. Before the firm sells its securities, it must provide investors with (Points: 2) a forward-looking financial forecast. an investment contract. a prospectus. a road show. 99. Heavy Hauling, Inc., is a public company whose shares are traded in the public securities markets. Under the Sarbanes-Oxley Act of 2002, to ensure that Heavy Haulings financial results are accurate and timely, the firms senior officers must set up and maintain (Points: 2) internal "disclosure controls and procedures." external "release and reveal timetables." personal "peruse and review liability policies." public "information and discussion forums." 100. Bess, an agent for Calm Harbor Marina, Inc., enters into an unauthorized contract with Dropt Anchor Worx, Inc., purportedly on behalf of Calm Harbor, which refuses to perform. Bess is liable to (Points: 2) Calm Harbor and Dropt Anchor for breach of contract. Calm Harbor for misrepresentation. Dropt Anchor for misrepresentation. no one. ... View Full Document

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