1) which of the following is protected by copyright laws in computer programs?
a.organization
b.structure
c.source code
d.presentation of information
2) where the parties to a contract wish to cancel their contract and be in the same
position as they were prior to forming the contract, they should seek to obtain a(n)
_____.
a.rescission.
b.novation.
c.accord and satisfaction.
d.revocation.
3) a(n) _____ must state the remedy requested in the case.
a.summons
b.interrogatory
c.affirmative defense
d.complaint
4) a conditional indorsement:
a.destroys the negotiability of the instrument.
b.does not destroy the negotiability of an otherwise negotiable instrument.
c.validates the instrument.
d.does not destroy the negotiability of the instrument but invalidates it.
5) contracts sometimes contain a provision reciting that disputes between the parties
regarding matters connected with the contract must be litigated in the courts of a
particular state. what is such a provision called?
a.choice of law clause
b.forum selection clause
c.substantive clause
d.minimum contacts clause
6) under the takings clause, a “taking”:
a.occurs when the government uses formal eminent domain procedures to condemn
private property.
b.can only be of land, and not of other kinds of property.
c.cannot occur through government regulation that merely diminishes the value of
private property.
d.cannot occur by simply an invasion of private property.
7) which of the following characterizes definiteness standards under the common law?
a.courts are contract enforcers.
b.contracts need to contain all the terms.
c.courts should be able to provide gap-fillers in contracts.
d.courts can take a hands-on approach to contracts.
8) which of the following is true of u.s. efforts to curb greenhouse gas emissions?
a.in 2009, epa issued a rule requiring annual reports of greenhouse gas emissions by
certain large sources, beginning in 2011.
b.the house of representatives established a cap and trade programsimilar to the acid
rain control programfor greenhouse gas emissions.
c.the epa is barred from taking any actions to deal with greenhouse gas emissions.
d.the epa introduced the “tailoring rule” that requires all sources to address their
greenhouse gas emissions as they get permits.
9) which of the following is true about a partnership?
a.it is not a tax-paying entity for federal income tax purposes.
b.business losses are deductible based on the limit on a partners individual tax return.
c.it does not have a life apart from its owners.
d.partners in partnership do not assume personal liability for obligations of the business.
10) bruce told adam that he was selling his house in syracuse, new york. adam sent
bruce an e-mail containing an offer of $300,000 for the house. bruce responded via
e-mail that he wanted $315,000 for the house. after further e-mails, the parties finally
agreed on a sale with a price of $310,000. a series of e-mails contained the terms of the
sale, and all included a salutation containing their typewritten names. however, bruce
later decided to sell the house to marty for $325,000. adam sued bruce, claiming that
bruce breached their contract for the sale of the house. most likely, adam will:
a.lose, because the contract does not meet the statute of frauds.
b.lose under the parol evidence rule.
c.win, because the essential terms of the contract were set forth in the signed e-mails.
d.win, because of the partial performance exception to the statute of frauds.
11) the commerce clause has become a federal power with an extensive regulatory
reach. this is largely due to judicial decisions regulating:
a.the channels of interstate commerce.
b.and protecting the instrumentalities of interstate commerce.
c.persons or things in interstate commerce.
d.activities that substantially affect interstate commerce.
12) a joint venture is a(n):
a.association limited to no more than two persons in business for profit.
b.enterprise of numerous co-owners in a nonprofit undertaking.
c.corporate enterprise for undertaking multiple projects of various durations.
d.association of persons engaged as co-owners in a single undertaking for profit.
13) which of the following is not a possible order resulting from a successful ftc
adjudicative proceeding attacking deceptive or unfair behavior?
a.affirmative disclosure
b.all-products order
c.corrective advertising
d.imprisonment
14) when the federal trade commission conducts a public administrative hearing, the
presiding judge in this hearing is a(n):
a.administrative law judge.
b.federal district court judge.
c.arbitration judge.
d.ftc commissioner.