Unsolicited commercial e-mail (UCE) or unsolicited bulk e-mail (UBE) messages:
a. are commonly known as “cookies.”
b. constitute about 90 percent of all e-mail.
c. are estimated to be fraudulent either in content or packaging in approximately
one-fourth of all cases.
d. although annoying, do lower the cost of connecting to the Internet.
When you surf the Internet, information, much of which is anonymous, is collected
about you.
a. True
b. False
The purpose of the Freedom of Information Act (FOIA) is:
a. to give the government access to information concerning citizens, businesses, and
organizations.
b. to limit the amount of information that the government can collect about its citizens,
businesses, and organizations.
c. to permit warrantless searches and seizures of evidence when necessary to ensure
safety.
d. to give citizens, businesses, and organizations access to information that federal
agencies are using.
Generally, a joint venture is a partnership created for one limited purpose.
a. True
b. False
Nate works as a carnival barker. His employment contract specifies that he can be fired
if he “loses his voice. This is an example of:
a. vagueness.
b. extortion.
c. ambiguity.
d. duress.
The intent of the offeror to extend an offer to the offeree is generally determined by
reference to:
a. the beliefs of the offeror.
b. the subjective intention of the offeror.
c. the assumptions of the offeror.
d. the words and conduct of the offeror.
In which of the following situations is the seller a merchant under Article 2 of the
UCC?
a. Paul, a full-time college student, sold his textbooks to State Bookstore.
b. Randall, a part-time college student and full-time father, sold his textbooks to a
friend.
c. Zompa Inc., a toy manufacturer, contracted to sell dolls to TonTon Department Store.
d. In all of the above situations the seller is a merchant.
Jason and Stacey go to the movie theater and decide to use a camcorder to film the
show so they can watch it again with their friends later at home. They have:
a. made an ethical, legal, wise economic decision since the cost of viewing the movie in
the theater again is too high for their limited budget.
b. violated the Family Entertainment and Copyright Act, and committed a criminal
offense.
c. violated the No Electronic Theft Act.
d. committed an illegal act by violating the Digital Millennium Copyright Act.
To prove an express warranty, some courts require evidence that the buyer relied on the
sellers statement.
a. True
b. False
The term “S Corporation” comes from:
a. the Internal Revenue Code.
b. the FTC rules.
c. the U.S. Constitution.
d. state corporation law.
Under what circumstances might the court reject a debtor’s Chapter 13 plan?
a. The plan requires future earnings to pay off debts.
b. The plan promises to pay all secured and priority claims.
c. The plan anticipates paying the unsecured creditors less than what they would get
under Chapter 7.
d. The plan treats all unsecured classes equally.
The status of a third party is determined by:
a. the type of contract.
b. whether the third party gave consideration.
c. the reasonable expectations of the third party.
d. the intent of the contracting parties.
The Children’s Online Privacy Protection Act prohibits Internet operators from
collecting information from children under what age without parental permission?
a. 18.
b. 16.
c. 13.
d. 10.
Every criminal defendant has a right to a jury trial.
a. True
b. False
In a “mixed contract,” one involving a sale of both goods and services, the court will:
a. apply the UCC to the provisions of the contract involving the sale of goods and the
common law to the provisions involving the sale of services.
b. apply the lex mercatoria to the contract.
c. first determine the dominant purpose of the contract. If the sale of goods dominates
the contract, then the court will apply the law of the UCC, Article 2. If the sale of
services dominates the contract, the court will apply the common law.
d. apply UCC Article 2A.
Sherry, a 12-year-old, visited a website that wanted to know her family size, her parents’
educational level, and her weekly allowance. The site also asked Sherry’s name, mailing
and e-mail addresses, and age.
a. Under COPPA, the website must disclose how it will use the information it acquires
from Sherry.
b. COPPA prohibits the Internet operator from collecting such information without her
parents permission.
c. COPPA does not apply to Sherry’s situation since she is over the age limit for those
protected by the statute.
d. Both a and b.
The Framers of our Constitution, a true cross section of the population at the time,
created the Constitution by amending the Articles of Confederation, which had been the
governing document of the colonists.
a. True
b. False
In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of
Regents and found a duty of care to avoid furnishing alcohol to underage consumers. If
in 2008 a Flagstaff, Arizona plaintiff brings a lawsuit against an Arizona university
fraternity for providing alcohol to members under the legal drinking age, the
Hernandez v. Arizona Board of Regents case will serve as precedent.
a. True
b. False
Alfred orally promised to pay Robert a salary of $30,000 per year for five years and his
moving expenses up to $10,000 if Robert would quit his job and come to work for him
at his manufacturing plant. Robert agreed to do so, but requested a written contract.
Alfred assured him that the company attorney would prepare such a contract as soon as
possible, but Alfred needed Robert to start at once. Accordingly, Robert sold his house,
moved his family, and commenced to work for Alfred. He was fired without cause two
months later. No written contract was ever executed. Can Robert enforce Alfred’s oral
promise?
a. No. This was a contract for longer than one year. Without a writing it violates the
statute of frauds and is not enforceable.
b. Maybe. Robert should go to court under the theory of promissory estoppel. Alfred
made an oral promise that Robert relied upon, and the way to avoid injustice is to
enforce the promise.
c. Yes. This is a personal satisfaction contract, and Alfred gave no reason for
dissatisfaction. Robert can recoup the loss he took on the sale of his house.
d. Yes. This is a partial performance of the sale of goods. Robert can recoup the loss he
took on the sale of his house.
Which of the following protects e-mail messages from unauthorized interception?
a. The Fourth Amendment.
b. The GLB Privacy Act of 1999.
c. The Electronic Communications Privacy Act.
d. COPPA.
MajorLine offered travel packages, including airfare and hotel accommodations, at a
discounted price on their website. However, after Jason charged MajorLine’s fees to his
credit card, he did not receive the promised airline tickets or the coupons for a reduced
hotel rate. He found that other customers had been similarly defrauded. MajorLine:
a. can be prosecuted under state law.
b. can be prosecuted under the Computer Fraud and Abuse Act.
c. Both a and b.
d. cannot be prosecuted because fraud over the Internet is not yet defined as a crime in
any statutes.
Liquidated damages are not permitted under the UCC.
a. True
b. False
If a whistleblower successfully brings suit against a company that defrauds the
government, the whistleblower can receive 30 percent of the damages awarded to the
government.
a. True
b. False
The UCC imposes a duty of good faith in the performance of all contracts.
a. True
b. False
Johann, a well-known musician, agrees to give ten guitar lessons to Elton for $2,000.
Nothing in the contract itself prohibits a delegation. If Johann delegates his obligation
to Eugene, a second-year musical student and enthusiastic guitar player, then the
delegation will probably be:
a. permitted because contracts may be freely delegated.
b. permitted because the contract is just for music lessons.
c. prohibited because the contract is for service from a specific person.
d. prohibited by the UCC because this is a sale of services.
Gadberry lives in a “common interest development” (CID) and has parked his new
pickup truck in his driveway. The Neighborhood Association informs him that,
according to their regulations, he may not have a truck in the sight of passersby. The
Association has made an unconstitutional restriction of the property rights of residents
of the CID.
a. True
b. False
Dr. Gonzalez ordered specialized surgical equipment from Physicians Supply Co., but
his order was not delivered by the agreed date. Gonzalez is under no obligation to
minimize damages since the contract was breached by Physicians Supply, not Gonzalez.
a. True
b. False
Under the UCC, the party who has title to the goods always has the risk of loss.
a. True
b. False
Which of the following are remedies available to a successful plaintiff under Title VII?
a. Hiring, reinstatement, and back pay
b. Front pay, reasonable attorney fees
c. Compensatory and punitive damages
d. All of the above are remedies under Title VII
In order for a federal court to have jurisdiction, there must be a federal question
involved and at least $75,000 in dispute.
a. True
b. False