LAW 59211 | Course Paper

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Which of the following is a mark licensed by a group that has established certain

criteria for use of the mark, such as “U.L. Tested” or “Good housekeeping Seal of

Approval”?

A. Product trademark

B. Collective mark

C. Certification mark

D. Service mark

E. Physical activity mark

Which of the following was the result in U.S. v. Ruiz, the case in the text involving the

defending deputy superintendent of New Mexico’s insurance division who was

convicted of offenses including mail fraud after he told insurers that they could avoid

paying the fines for violation of licensing requirements if they contributed to certain

charities?

A. That although the defendant violated certain laws, he did not violate the mail fraud

statute because he did not himself mail fraudulent solicitations which is required for the

offense of mail fraud.

B. That although the defendant used the mail to provide the illegal option to insurers,

that in and of itself was insufficient to establish mail fraud.

C. That because the defendant used the mail to provide the illegal option to insurers,

that in and of itself was sufficient to establish mail fraud.

D. That proof that the defendant directed that donations be made directly to charities

established the reasonably foreseeable result that the mail would be used which was

sufficient evidence to support his conviction.

E. That proof that the defendant directed that donations be made directly to charities

established the reasonably foreseeable result that the mail would be used but that such

foreseeability was insufficient to support his conviction.

“Junk Food.” Mary Dogood, a member of the school board in ABC County, is appalled

at the amount of junk food in the schools. She convinces the state legislature to pass an

ordinance that no stores may sell any unhealthy junk food within 500 feet of any school

or day care center. A teacher of political science raises the issue of whether the

regulation is valid and is told that it is a valid exercise of the jurisdiction’s police power

to protect its citizens. Convenience stores balk at the regulation and challenge it in court

claiming that the law impermissibly affects interstate commerce.

Restrictions on states’ authority to pass laws that substantially affect interstate

commerce are referenced by which of the following?

A. The dormant commerce clause

B. The superior commerce clause

C. The interstate trafficking commerce clause

D. The tracking clause

E. The state authority clause

In which of the following involves tricking consumers into changing their phone

service to another carrier without their consent?

A. Slamming

B. Cramming

C. Stuffing

D. Fraudulent adding

E. Fraudulent transfer

According to the text, which of the following are the classes typically exempt from

seizure to satisfy a debt through a judicial lien?

A. (1) Household goods and (2) appliances

B. (1) Household goods and (2) appliances tools and instruments needed to carry on a

trade

C. (1) Household goods, appliances, and furniture (usually up to a set value), (2)

clothing, and (3) equity in a vehicle (usually up to a set value)

D. (1) Household goods, appliances, and furniture (usually up to a set value), (2)

clothing, (3) equity in a vehicle (usually up to a set value), and (4) tools and instruments

needed to carry on a trade

E. (1) Household goods, appliances, and furniture (usually up to a set value), (2)

clothing, (3) equity in a vehicle (usually up to a set value), (4) tools and instruments

needed to carry on a trade, and (5) cell phones (usually limited in number)

Which of the following references the ending of a lease before its stated term by mutual

agreement between the lessor and the lessee?

A. Forfeiture

B. Negation

C. Surrender

D. Refusal

E. Abandonment

“Beauty Shop Woes.” When Janice went to work as a hair stylist in Rick’s beauty shop,

she entered into an agreement with Rick whereby if she left she would not work for

another beauty shop within 50 miles for 2 years. Rick trained Janice in a number of new

techniques. After nine months, Janice was offered a great job down the street at a new

beauty shop, she quit Rick, and had a number of customers follow her down the street

to her new job. Rick claimed that she had signed a contract and had no right to go to

work at the new shop. Janice disagreed and told Rick that no judge in the country would

enforce such an agreement. Janice told Rick that she was more worried about a

customer who was threatening to sue her because her hair turned green after Janice

worked on it. Janice said that she knew that the customer’s hair was damaged; but that

she told the customer that odd results could result from a dye attempt, and had her sign

a contract that she released Janice from all liability and would not sue. The customer,

however, sued anyway.

What type of agreement did Janice have the customer with green hair sign?

A. Adhesion

B. Exculpatory

C. Procedural

D. Substantive

E. Malfeasance

Mike gets angry because Ben made a better grade on a test than he did. They get into an

argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in

order to avoid the blow. Which of the following is true regarding Ben’s actions?

A. Ben has committed a battery.

B. Ben has committed both an assault and a battery.

C. Ben has not committed an assault or a battery because he acted in self-defense.

D. Ben cannot rely on self-defense because he was involved in the argument and not

completely innocent.

E. Ben cannot rely upon self-defense because his life was not in danger.

In which of the following orders of ascending strength may marks fall?

A. Generic, suggestive, descriptive, arbitrary or fanciful.

B. Descriptive, generic, suggestive, arbitrary or fanciful.

C. Arbitrary or fanciful, generic, descriptive, suggestive.

D. Generic, descriptive, suggestive, arbitrary or fanciful.

E. Suggestive, generic, descriptive, arbitrary or fanciful.

“Property Claims.” Bruce sells his home to Sally and her mother, Ruthy. The deed and

documents of ownership held by Sally and Ruthy are written such that Sally and Ruthy

may each sell or devise her interest in the property. Bruce provides Sally and Ruthy

with a general warranty deed. The deed and other documents of sale contain an

easement giving George a right to cut across the property in order to obtain access to an

adjoining lake. George had purchased the easement from Bruce a few years earlier.

After Sally and Ruthy moved in, they saw George cutting through the yard with his

fishing pole. They told him to get out. He told them about the easement, but Sally told

him that she was the new owner and that she was not accepting it. The next week Alice,

the next door neighbor, came over to visit and told Sally and Ruthy that she actually

owned a good bit of the yard that was conveyed to Sally in her deed from Bruce and

that she would like to sell it to Ruthy and Alice. Alice explained that some years prior to

Bruce’s ownership, she had purchased the property from a previous owner. It turns out

that Alice had actually recorded her interest, but it had been inadvertently missed when

the property was sold to Sally and Ruthy. Sally calls Bruce and tells him to straighten

out the problem with Alice. Bruce tells her that he is finished with the property and that

all problems now belong to her and Ruthy.

Which of the following is true regarding Bruce’s statement that he has no obligation to

be involved with the dispute with Alice?

A. He is correct but only because he was not the previous owner who allegedly

transferred the interest to Alice.

B. He is correct but only if in addition to not being the transferor to Alice, he had no

knowledge of any previous transfer to Alice.

C. He is correct.

D. He is incorrect, and his general warranty deed likely imposes upon him a duty to

resolve the dispute involving Alice through proving her wrong, settling with her, or

other means.

E. He is incorrect only if Alice was truly granted the property and is not engaged in

fraud.

Of which of the following must a defendant be informed before questioning?

A. That the defendant must answer questions, or there will be a presumption of guilt at

trial.

B. That statements made to law enforcement before arraignment may not be used

against the defendant in court.

C. That the defendant has the right to consult an attorney before speaking to the police.

D. That unless the defendant can afford any attorney, the defendant will not have an

attorney.

E. That the right to an attorney does not begin until after the defendant is arraigned.

Under the UCC, how can proper presentment be made?

A. By any commercially reasonable means.

B. Only through a clearinghouse procedure.

C. Only at a place designated in the instrument.

D. By any commercially reasonable means, through a clearinghouse procedure, or at a

place designated in the instrument.

E. By any commercially reasonable means or at the place designated in the instrument,

but not through a clearinghouse procedure.

“Leaky Tub and Flaming Watercraft.” Charles finished college, got a good job, and

decided to sell some used toys and buy newer ones. A used hot tub with a leak in it and

a personal watercraft were at the top of the list. Charles offered to sell to Constance the

hot tub for $500. Constance was interested but not willing to pay $500. She said “I’ll

give you $400.” Charles said that he would think about it. Later, the same day, Charles

offered to sell Donna the hot tub for $500. Donna said “Would you consider $450?”

Charles said he would think on it. A few minutes later, Everett who had heard that

Charles wanted to sell the hot tub accepted Charles’ offer to sell for $500, and they

agreed that the transfer would be made the next day. A few minutes later, Constance

called saying that she accepted Charles’ offer to sell the hot tub for $500. A few minutes

after that, Donna called and told Charles that she accepted his offer to sell the hot tub

for $500. Charles told Constance and Donna that he had already sold it, and they are

angry, threatening to sue. Charles offered to sell the personal watercraft to Joan for

$800. She said that she would think it over and let him know the next day.

Unfortunately, through no fault of anyone, there was a fire at Charles’ home that night

and the personal watercraft burned. Joan called the next day and accepted before

Charles could tell her the watercraft burned. When she found out about the fire, Joan

told Charles that he had better come up with another watercraft, or she was going to

sue.

Which of the following is correct regarding the final status of the negotiations between

Donna and Charles?

A. Donna rejected Charles’ offer by making a counteroffer.

B. Donna did not reject Charles’ offer because she merely made an inquiry.

C. Donna cannot accept Charles’ offer because he already sold the personal watercraft,

and that terminated the offer to her.

D. Donna cannot accept Charles’ offer because it was revoked when he sold the hot tub

to Everett.

E. Donna cannot accept Charles’ offer because she did not do so in her initial

conversation with Charles.

Which of the following permits repeated transactions and assesses a finance charge on

unpaid balances?

A. Open-end credit line

B. Closed-end credit line

C. Debt-based credit line

D. Uncollateralized credit

E. Collateralized credit

Which of the following is in effect not a contract at all?

A. A voidable contract

B. An executory contract

C. An implied contract

D. An executed contract

E. A void contract

Parties in a dispute before an administrative law judge may reach a settlement via a[n]

____.

A. Certified agreement

B. Approved contract

C. Sealed compromise

D. Consent order

E. Administrative acknowledgement

Through which of the following does the government primarily regulate workplace

safety?

A. The Occupational Safety and Health Act

B. The Fair Labor Standards Act

C. The Wagner Act

D. The Taft-Hartley Act

E. The Workplace Enhancement Act

“Scheming Friends.” Willy very much wants to rent a basement apartment in Weaver’s

home. Willy threatens to tell all Weaver’s friends that he and Weaver had been arrested

for illegally smoking marijuana unless Weaver rents the apartment to him for $100 per

month. (The information regarding the arrests is true.) Weaver reluctantly agrees to rent

the apartment to Willy for $100 per month. Willy also wants to buy Weaver’s car.

Weaver runs back the odometer on the car before Willy test drives it. Willy is impressed

by the low mileage and agrees to buy the car. Weaver offers to sell Willy a ring for

Willy’s fiancée. Weaver tells Willy that the ring is a diamond and believes that to be

true. After the deal is made, however, a jeweler friend of Weaver informs him that the

ring is a fake. When Willy shows up with the money, Weaver says nothing. He just

hands Willy the ring and takes the money. Later, Willy finds out that the odometer was

run backwards from another friend to whom Weaver confided. Willy also finds out from

his girlfriend that the ring is a fake.

Which of the following is the proper legal term, if any, for Weaver’s action in regard to

running back the odometer?

A. Concealment.

B. Nondisclosure.

C. Active duress.

D. Conscious disregard.

E. There is no legal term because although he acted illegally, Willy had no duty to

disclose his action and incriminate himself.

“House Painting.” Susie Smith signed a check agreeing to pay, “Annie Greene, Mary

Hodge,” $1,000. The payment was for painting her house. A problem with the note was

that it spelled Annie’s last name, “Greene,” whereas Annie spells it simply, “Green.”

Annie and Mary were having a disagreement regarding how to split up the funds for

painting the house. Annie proceeded to sign the check on the back, “Annie Green,” and

presented it to Bill Brown to satisfy a debt that she owed him. Bill Brown endorsed the

check on the back, “Bill Brown, without recourse,” and gave it to his nephew, Sam, who

took it to the bank for payment. Meanwhile, Susie has stopped payment on the check

because following a rain storm, all the paint on the house looked spotted. Mary is

unhappy because she did not obtain any of the funds and stated that Annie could not

legally endorse the instrument because it misspelled her name and also because she,

Mary, did not sign it.

What is the effect of the designation, “Bill Brown, without recourse?”

A. It has no effect on any subsequent holder.

B. It has no effect on anyone, including, but not limited to, any subsequent holder.

C. It means that Bill Brown does not provide any guarantees and that if the instrument

is later dishonored, he cannot be held liable.

D. It means that Bill Brown is providing that any subsequent holder cannot be held

liable.

E. Bill Brown is providing that neither he nor the person who transferred the instrument

to him cannot be held further liable to any subsequent holder.

“Friends and Family.” Mindy was very close to her family and friends. She also liked to

spend and had a large amount of consumer debt for items such as jewelry, clothing, a

personal watercraft, and a new car. Mindy was having problems making her credit card

payments as they became due. She, however, wanted to make every effort to pay her

debts. She had borrowed money from her mother for some jewelry and repaid that loan

on January 1st. She repaid a loan to her business partner on May 15th of the same year.

On September 1st of that year, she also repaid a loan to Friendly Jewelry Store because

she wanted to remain on good terms with the manager. Unfortunately, Mindy was

simply unable to continue making payments and on November 1st of that year, she filed

a voluntary petition for bankruptcy relief under Chapter 7

Assuming Mindy’s mother received more than would have been received through

bankruptcy proceedings, which of the following is the most likely result of a claim of

preferential payment based upon the payment to the mother?

A. The payment was not preferential because it was made over 90 days before the filing

of the bankruptcy petition.

B. The payment was not preferential because it was made over 120 days before the

filing of the bankruptcy petition.

C. The payment was not preferential because it was made over 180 days before the

filing of the bankruptcy petition.

D. The payment was preferential because it was made to a family member and made

within two years of the filing of the bankruptcy petition unless Mindy can establish that

she was not insolvent when she made the payment.

E. The payment was preferential on the basis that it was made to a family member

within two years of the filing of the bankruptcy petition only if the trustee is able to

demonstrate that Mindy was insolvent when she made the payment.

“Baseball Trophies.” To recognize baseball players on his team, Bobby ordered from

Bruce 10 trophies showing a baseball player swinging a bat. The trophies were to be

delivered on May 1st for an award dinner to be held on May 20th. Bruce was unable to

obtain trophies showing a baseball player swinging a bat, but by May 13th, he did locate

some trophies with a baseball player holding a bat. The difference did not substantially

impair the value of the trophies, and thinking that the trophies would be acceptable,

Bruce delivered them on May 14th. Bobby glanced at the trophies, paid for them with a

check, and said nothing. On May 16th Bobby looked at the trophies more closely and

decided that he did not like them. He canceled payment on Bruce’s check, and Bruce

sued him for payment.

Which of the following is the most likely result if Bruce claims he had reasonable

grounds to believe the trophies were acceptable?

A. He would be correct because Bruce’s payment by check for the goods upon their

delivery provided Bobby with a measure of reliance that they would be acceptable.

B. He would be incorrect because Bruce did not confirm in writing that the trophies

were acceptable.

C. He would be incorrect because Bruce did not confirm orally or in writing that the

trophies were acceptable.

D. He would be correct because of the special UCC exception for sports-related items.

E. He would be correct because of the special UCC exception for school-related items.