Jim Ream is a freshman at Woise State. Jim is a computer whiz and has found a way to
download movies from DVDs and then transfer the files to others. “But, Jim,” you tell
him, “that Grokster thing made all that illegal.” Jim responds, “That was music, this is
movies. Completely different. No legal problems.” Jim:
a. is correct because federal law does not apply to movies.
b. is correct because the precedent can be distinguished.
c.is incorrect because there is an infringement issue and Napster is precedent.
d.Both a and b
The Federal Privacy Act restricts the free exchange of information among federal
agencies.
a. True
b. False
IFRACK is the user name of an individual who has been posting information about
fracking on blogs, in chat rooms, and in cyber letters to newspapers. Several
environmental groups wish to stop the comments IFRACK makes, believe that
IFRACK may be affiliated with the oil industry, and believe that information should be
disclosed. Which of the following is correct in analyzing this situation?
a. The environmental groups will be able to obtain IFRACK’s identity from the ISP
because they have a good reason.
b. The environmental groups are not entitled to know IFRACK’s identity because of
First Amendment protections.
c.Until IFRACK violates the law, his or her identity cannot be disclosed by the ISP.
d.There is never identity disclosure allowed in civil matters.
The Fourth Amendment:
a. is the privacy protection amendment.
b. provides the right for a jury trial.
c. provides the protection against self-incrimination.
d.none of the above
Andrew Flint is the CEO of a small, publicly held company based in Idaho Falls, Idaho.
Flint earned $76,000 last year as CEO. Investors in Flint’s firm are earning nearly 15
percent on their shares. Flint has learned that the SEC is considering a proposed rule
mandating salary studies for all publicly held firms. Flint has priced such studies and
has estimates ranging from $27,000 to $40,000. Flint would like the SEC to understand
his firm’s position. Which of the following statements is true?
a. Flint will need to hire a lawyer to present evidence to the SEC.
b. Flint can challenge the rule only after promulgation.
c. Flint’s challenge must be made in court.
d. Flint can simply write to the SEC to voice his concerns.
Susan Sandren purchased a toaster from Standard Electric.While using the toaster the
day after it was purchased, Susan discovered that the toaster slots were too small for a
thick piece of bread.The bread was stuck in the slot. With the toaster still plugged in,
Susan used a knife to pry loose the toast and was electrocuted.In a suit by her family
against Standard Electric:
a. Standard will lose because the slots should have been made wider.
b. Standard will win because of misuse of the product.
c.Susan’s family will win because of a design defect.
d.Susan’s family would win if there were no warnings about knives and electrocution.
Substantive due process is the same as procedural due process.
a. True
b. False
Zoning is an example of private law.
a. True
b. False
The Restatement of Contracts is another name for the UC
C.
a. True
b. False
Stamps.com offers at-home postage and mailing for a monthly fee. Customers are able
to carry a balance on their accounts that allows them to mail packages and letters as
long as there is a balance in their account. Stamps.com has a button on its program that
carries this logo, “To purchase postage, click here.” Following that click, another
window pops up that reads, “You are about to purchase postage. Once you click ‘Okay’
below, you cannot change this transaction.” Why does Stamps.com have the second
pop-up button?
a. The pop-up button is simply a courtesy for its customers.
b. The pop-up button is necessary to show acceptance of the terms.
c.The pop-up button is required under the UCC.
d.The pop-up button is required under common law.
A court challenge to a promulgated rule based on the theory that the agency exceeded
its authority is:
a. a substantial evidence challenge.
b. an arbitrary and capricious challenge.
c. an ultra vires challenge.
d. all of the above
Julia Pitt runs a boutique that specializes in luggage and travel items. Julia contacts
Tumi luggage about carrying its line of messenger satchels. The Tumi representative
tells Julia that Tumi would be happy to sell her 100 Tumi Black Messenger bags for
$318 each. Julia is happy with the price and asks Tumi to send the bags. The Tumi
representative then faxes a confirmation of the shipment of the 100 bags at $318 each.
Julia receives the fax.
When the bags arrive, Julia contacts Tumi and says there is a business downturn and
that she does not want the bags and that there was no contract anyway.
a. Julia is correct; the contract requires some type of authentication from Julia to be
enforceable.
b. Julia is correct; the contract required more than a fax to have a sufficient record.
c.Julia is incorrect; she and Tumi have a valid and enforceable contract.
d.both a and b
The Supreme Court grants certiorariin about 25% of the cases that are appealed to it.
Of that number, nearly all have oral arguments and receive a written opinion from the
Court.
a. True
b. False
Voirdireis the process of screening prospective jurors.
a. True
b. False
Boards cannot rely on outside experts in decision making.
a. True
b. False
Covenants not to compete cannot be used in agreements for the sale of businesses.
a. True
b. False
Explain whether each of the following would require an EIS and why. a. The creation of
a heliport in a national park.
b. The construction of a new central post office clearing facility.
c. The placement of a federal research laboratory at the top of a mountain.
The Hickenlooper Amendment is the Foreign Corrupt Practices Act.
a. True.
b. False
Dam Good Adventures operates a helicopter tour business near Lake Mead, Nevada.
Lake Mead is the site of Hoover Dam. Dam Good has purchased 5 helicopters over the
27 years it has been in business and its mechanic has rebuilt the engines on all of the
helicopters. In addition, Dam Good’s mechanic has altered the timing mechanisms on
the helicopters so that they are able to hover longer and with less noise, two features
that are important for tourists. One of Dam Good’s helicopters crashed over Lake Mead,
killing the pilot and the four passengers on boar
d.Discuss liability and theories of liability.
The defendant enters his/her plea at the arraignment.
a. True
b. False
Federal trademark law provisions provide remedies for companies whose products are
misrepresented in comparative advertising.
a. True
b. False
The rights of land owners in eminent domain are protected by the:
a. First Amendment.
b. Fifth Amendment.
c. Fourteenth Amendment.
d. Fourth Amendment.
A sales clerk at a department store is an example of an independent contractor.
a. True
b. False
Exclusive dealing contracts are perseviolations.
a. True
b. False
The U.S. Supreme Court has always found interstate commerce is involved regardless
of how small the business or its impact.
a. True
b. False
There is hardly any cross-elasticity in the gasoline market.
a. True
b. False
Which of the following is not a violation of the Pregnancy Discrimination Act?
a. providing different sick leave benefits for pregnancy than for other medical ailments
b. asking questions about family plans in an interview
c.denying unemployment benefits to a woman who has taken maternity leave and then
terminated employment
d.refusing medical insurance benefits for pregnancy
Choose the answer with the proper order for administrative rulemaking.
a. study of the problem, notice of rulemaking, public comment period, promulgation
b. study of the problem, public comment period, notice of rulemaking, promulgation
c. notice of proposed rulemaking, study of the problem, public comment period,
promulgation
d. notice of proposed rulemaking, public comment period, study of the problem,
promulgation
e. notice of proposed rulemaking, consent decree, public comment period, study of the
problem, promulgation
Small claims courts are state courts of original jurisdiction in which minimal damage
suits are tried.
a. True
b. False
Vertical mergers are:
a. illegal per se.
b. mergers between manufacturers and wholesalers.
c.regulated by the Sherman Act.
d.all of the above
Which of the following is not required for a valid UCC offer?
a. quantity
b. payment terms
c.subject matter
d.both b and c
e. a, b, and c