Metallic Metals, Inc., a U.S. firm, files a suit against a Venezuela government agency.
The agency has committed a tort in the United States. Under the Foreign Sovereign
Immunities Act
a. the Venezuelan government agency is not immune from the jurisdiction of the U.S.
courts.
b. the Venezuelan government agency is immune from the jurisdiction of the U.S.
courts.
c. Metallic Metals cannot bring a suit against the Venezuelan agency.
d. Metallic Metals must file suit in Venezuela.
Demi promises to buy a house from Caleb, who promises to vacate the property on June
1. If these promises are in writing, they are most likely
a. enforceable.
b. unenforceable.
c. void.
d. voidable.
Elvin publishes a book titled First Place, which includes a chapter from Frank’s
copyrighted book Olympic Winners & Losers. Elvin’s use of the chapter is actionable
provided
a. consumers are confused.
b. Elvin’s use is intentional.
c. Elvin’s use reproduces Frank’s chapter exactly.
d. Elvin does not have Frank’s permission.
Lionel files a voluntary petition for bankruptcy under Chapter 7. The court will likely
deny a discharge of Lionel’s debts if he
a. conceals records of his financial condition with the intent to defraud a creditor.
b. does not have sufficient assets to pay all his secured creditors.
c. filed for bankruptcy twelve years ago.
d. has a criminal record.
Medical Accounts Collection enters into a contract to employ Natalie as a billing and
credit manager for two years. During the first year, Natalie is often absent without
explanation and when present fails to adequately do her job.
Natalie’s performance most likely
a. discharges Medical Accounts from the contract.
b. has no effect on Medical Accounts’s performance.
c. undercuts Medical Accounts’s duties under the contract.
d. suspends Medical Accounts’s duty to perform.
Ed is a debtor. Financial Loans, Inc., and the government are Ed’s creditors. For these
parties, a bankruptcy proceeding under Chapter 13 could be initiated by the filing of a
petition by
a. Ed alone or by his creditors jointly.
b. Ed only.
c. Financial Loans only.
d. the government only.
Rick and Sandy are limited partners in Total Profit Enterprises, a limited partnership. To
avoid personal liability for partnership obligations, they must not
a. acquire an interest in the firm.
b. contribute property to the firm.
c. engage in activities independent of the firm’s business.
d. participate in the firm’s management.
Teatro Restoration, Inc., begins renovating an old theater for Urban Edge Productions,
but after three months Teatro demands an extra $250,000. Urban Edge agrees to pay. If
Teatro offers no reason for the extra $250,000, but says only that it will stop work if it is
not paid, the agreement is
a. enforceable as the consideration is past.
b. enforceable because of unforeseen difficulties.
c. unenforceable as an illusory promise.
d. unenforceable due to the preexisting duty rule.
The police obtain a search warrant and search Dave’s apartment. After yelling
obscenities at the officers, Dave confesses to a crime and implicates his friends. The
Constitution protects against
a. obscene speech only.
b. others’ implication only.
c. unreasonable searches only.
d. obscene speech, others’ implication, and unreasonable searches.
Tyrone is seventeen years old. Under the Fair Labor Standards Act, he
a. cannot work in a hazardous occupation.
b. cannot work during school hours.
c. must obtain a permit to work.
d. none of the choices.
To acquire monopoly power in its market, Perfect Plastics, Inc., sets its prices lower
than its competitors. Under the Sherman Act, this is
a. a per se violation.
b. a violation if its competitors make similar deals.
c. a violation if it thereby acquires monopoly power.
d. not a violation.
Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals’
identities and eligibility to work must be verified by
a. the employer.
b. the individuals.
c. the individuals’ countries of origin.
d. the U.S. Citizenship and Immigration Services.
Congress enacts a law that sets out a rigorous medical-device premarket approval
process for the U.S. Food and Drug Administration to follow. The law includes a
preemption provision. Moe is injured by a device that underwent the process and files a
claim under New Hampshire state law to recover for the injury. The court will most
likely rule that
a. Moe’s state law claim preempts the federal law.
b. the federal law and state law claim are concurrent.
c. the federal and state law claim cancel each other out.
d. the federal law preempts Moe’s state law claim.
Miracle Mobile Devices, Inc., is a private, for-profit corporation that (1) was formed for
the purpose of manufacturing and distributing a newly patented tablet, (2) is owned by
five shareholders, (3) is subject to double taxation, and (4) has made no public offering
of its shares. Miracle is
a. an S corporation.
b. a close corporation.
c. a nonprofit corporation.
d. a professional corporation.
Marvin is an employee of Wild Thing Farms. Marvin finds out that the head of Wild
Thing Farms is illegally importing endangered animals to sell as pets. If Marvin reports
his employer’s illegal activities he will probably be protected fro retaliatory discharge
by
a. unemployment statutes.
b. worker compensation statutes.
c. whistleblower statutes.
d. no statutes.
Mountainside Coffee Company and Nature’s Cuisine, Inc., enter into a contract for a
sale of coffee beans. The contract includes the term “F.O.B. Ocean City,” which is the
location of Nature’s Cuisine. This means that the contract is
a. a bill of lading.
b. a destination contract.
c. a shipment contract.
d. a warehouse receipt.
Silas Paving Co. contracts to buy some construction machinery from Massive
Earthmovers, Inc. Before either party performs, Massive sells its assets to Phoenix
Equipment Corp. On learning of the sale, Silas is concerned about its contract with
Massive. Silas should
a. demand assurances of performance from Massive.
b. consider the contract repudiated and sue Massive for breach.
c. buy the machinery from a different supplier and bill Massive for the price.
d. buy the machinery from a different supplier and bill Phoenix for the price.
Bay City Construction, Inc., a contractor, asks Cool Electric, a subcontractor, to provide
certain services. Nothing is said about payment. Cool provides the services, but Bay
City refuses to pay. In Cool’s suit to recover, the chief issue is most likely to be whether
these parties had
a. a formal contract.
b. an express contract.
c. an implied contract.
d. a voidable contract.
Friendly Credit Corporation (FCC) believes that Gary may dispose of the assets that
FCC expects to receive as payment for Gary’s debt before FCC can obtain a judgment.
FCC may ask a court to issue a writ of
a. attachment.
b. contribution.
c. execution.
d. redemption.
Consumer Mortgage Loans provides 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
a. a fixed-rate mortgage.
b. an adjustable-rate mortgage.
c. an interest-only mortgage.
d. a violation of the law.
At age seventeen, Daryl enters into a contract to buy a dozen movies from eHD TV
Stream, Inc., an online video service. Soon after reaching the age of majority, Daryl
attempts to disaffirm the contract. eHD files a suit against him. The court will most
likely consider the contract ratified if it is
a. executed.
b. exculpatory.
c. express or implied.
d. emancipated.
Doug is an accountant whose clients include Everyday Products, Inc. (EPI). Under the
Ultramares rule, if Doug is negligent in his work for EPI, he could be liable to
a. EPI and any third party.
b. EPI and third parties who are foreseen users of his work for EPI.
c. EPI and third parties who are reasonably foreseeable users of his work for EPI.
d. EPI only.
Jen files a suit against Kopper Kettle Company. While the suit is pending, Kopper
Kettle merges with Luminous Pans, Inc., with Luminous absorbing Kopper Kettle.
Now, liability in the suit, if any, rests with
a. Jen.
b. Kopper Kettle.
c. Luminous.
d. no one.
When a conflict arises among the documents that involve Express Flights Corporation,
the first priority for resolving the conflict is given to
a. resolutions of the board of directors.
b. Express Flights’s bylaws.
c. state statues.
d. the U.S. Constitution.
Peter, an agent for Zippy Cars, Inc., writes a letter to Cassandra on March 1 stating that
he will sell her a 2011 Suburu Outback for $20,000 between March 1 and April 30.
Peter’s letter to Cassandra is
a. a firm offer.
b. an acceptance.
c. a bilateral contract.
d. a breach.
Bill orders 1,000 nails from Super Hardware, Inc. Super Hardware keeps its nails in
packages of 100,000. Bill and the agent for Super Hardware both sign the contract for
the sale of the nails on Monday. The agent separates 1,000 nails on Wednesday. The
agent delivers the nails to Bill on Thursday morning, and Bill pays for the nails on
Friday. Identification of the nails took place on
a. Monday.
b. Wednesday.
c. Thursday.
d. Friday.
Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.
If Bean and Java resolve their dispute by having a neutral third party render a binding
decision, they will have used the method of
a. arbitration.
b. conciliation.
c. intervention.
d. mediation.
Hal contracts with Credit Services, Inc. (CSI), to pay $500 for its services. After CSI
performs, they sign an accord, in which Hal promises to pay $400 within ten days
instead of the $500. Hal does not pay. CSI can sue Hal under
a. neither the accord nor the contract.
b. the accord only.
c. the accord or the contract.
d. the contract only.
Dan, a computer programmer, holds a garage sale to sell a lawnmower, some clothes,
some CDs and some old clothes. Will, a lawyer, sells Thelma his collection of seashells.
Philip, a CEO of a successful company, sells George his pet parakeet. Judy, an expert
horse trainer, sells Bob a horse. Which person would be considered a merchant under
the UCC?
a. Dan
b. Will
c. Judy
d. Philip
Bubbly Cola features Sparkly Cola’s trademark without its owner’s permission.
Bubbly’s use of the mark is actionable provided
a. consumers are confused.
b. Bubbly’s use is intentional.
c. Bubbly’s use reduces the value of Sparkly’s mark.
d. Sparkly’s mark is registered.
Following a union election campaign by Service Employees International Union among
the employees of Quality Hotels & Resorts, Inc., the union does not obtain a majority
vote in the election. This most likely violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
A court has not previously judged Ace to be mentally incompetent. Any contract Ace
enters into is
a. voidable if Ace has a lucid interval at the time of contracting.
b. voidable if Ace lacks the capacity to comprehend the consequences.
c. voidable if other party does not realize that Ace is incompetent.
d. valid.
LaDonna signs a one-year lease with Mae to occupy an apartment in Ames, Iowa, near
the University of Iowa. LaDonna needs the apartment only for two semesters and may
have to sublet it for the rest of the term. LaDonna’s tenancy is
a. a periodic tenancy.
b. a tenancy at will.
c. a tenancy at sufferance.
d. a fixed-term tenancy.
Robert is selling his used lawnmower. He wants to disclaim any implied warranties.
Robert
a. cannot disclaim implied warranties.
b. should include a written disclaimer that the lawnmower is being sold “as is.”
c. should orally disclose all known faults of the lawnmower.
d. should include a written warranty of title.
Bulbous Cordials, Inc., a U.S. firm, enters into an agreement with Columbiana Cacao,
S.A., a South American firm, to fix the price of dark chocolate in the U.S. market. If the
agreement is a per se violation of U.S. antitrust laws, a U.S. court could exercise
jurisdiction over
a. Bulbous Cordials and Columbiana Cacao.
b. Bulbous Cordials only.
c. Columbiana Cacao only.
d. neither Bulbous Cordials nor Columbiana Cacao.
A contract involving property of any kind must be in writing to be enforceable.
An unknown individual launches a series of attacks against the Web sites of Prime Sales
Corporation. The attacks significantly slow the sites, leading to $100 million in damage
in terms of lost work time, lost revenue, site repair costs, and other expenses. The
attacker does not intend to profit from the onslaught and in fact does not realize any
financial benefit from the effects. How is this attack most likely orchestrated? Who is
most likely to engage in this actthat is, whose habits and limitations are clearly suited to
such conductand why?
The Environmental Protection Agency sets minimum levels for pollutants in public
water systems.
In 2003, Hawk Corporation begins making and selling electric motorcycles under the
mark “Hawk.” Ten years later, Hawk.com, Inc., a different company selling medical
equipment and supplies, begins to use “hawk” as part of its URL and registers it as a
domain name. Can Hawk Corporation stop Hawk.com’s use of “hawk”? If so, what
must the motorcycle-maker show?
Identification takes place when specific goods are designated as the subject mater of a
sales or lease contract.
In an assignment, the party receiving the rights is known as the assignor.
Under the UCC, a seller’s tender of goods that do not conform in every way to a
contract is still a valid tender.
If a sale involves crops that are to be harvested within twelve months, identification
takes place when the seeds for the crops are purchased.
A promise is a declaration that something will or will not happen in the future.
Jai owns an orchard behind Key’s house and property. The only access to the orchard is
Key’s driveway, which Jai uses to get to her orchard. Jai sells the orchard to Laurentz.
Can Laurentz use the right-of-way across Key’s property?
A drawer who is induced by an imposter to issue a check in the name of an
impersonated payee can avoid payment on the check to an innocent holder.
A partner’s profit from a partnership is taxed as income to the firm.
In determining the legality of a merger, a crucial consideration is market concentration.
A covenant not to sue is against public policy.
A person who enters into a contract when he or she is intoxicated can void the contract
if he or she did not comprehend the legal consequences.
Size alone does not determine whether a firm is a monopoly.
Major credit reporting agencies must provide consumers with free copies of their own
credit reports every twelve months.
Forbearance is the act of refraining from doing something that one has a legal right to
do.
A franchisor can require a franchisee to purchase certain supplies from the franchisor at
an established price.