Oversight Corporation monitors employees electronic communications made in the
ordinary course of business. This
a. isa violation of the rights of Oversights employee.
b. iswithin Oversights rights as an employer.
c. isa subject for dispute resolution by the communications providers that Oversight
uses.
d. fallsunder the “business-extension exception to the Electronic Communications
Privacy Act.
Under the UCC, a sellers tender of goods that do not conform in every way to a contract
is still a valid tender.
a. True
b. False
Jerzy is an accountant whose clients include Kopper Kettle Restaurants, Inc. For a
violation of securities laws, Jerzy may be subject to
a. comprehensive liability.
b. corporate liability.
c. criminal liability.
d. no liability.
US Cars, a U.S. firm, owns property in Argentina. The government of Argentina seizes
the property. US Cars claims that this is confiscation. The government of Argentina
claims that it is expropriation. The burden of proof lies with
a. the U.S. government.
b. the government of Argentina.
c. US Cars.
d. the U.S. Supreme Court.
There is federal regulation of employers retirement plans for employees.
a. True
b. False
Wade wants to initiate a suit against Valley Vacation Tours by filing a complaint. The
complaint should include
a. an explanation to refute any defense the defendant might assert.
b. a motion for summary judgment.
c. a motion to dismiss.
d. a statement of the facts necessary to show Wade is entitled to relief.
Any relevant material, except information stored electronically, can be the object of a
discovery request.
a. True
b. False
Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.Refer
to Fact Pattern 2-1. 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.
John steals an old, battered bicycle that is parked, unlocked, in front of a convenience
store. He repairs, paints, and replac-es parts on the bike un-til it is like new. The original
owner, Kim, claims the bike. The bike be-longs to
a. John and Kim as tenants in common.
b. John because he made substantial improvements to it.
c. John because Kim claimed it only after John improved it
d. Kim because John stole it.
Tiny is an accountant. Tinys violation of generally accepted accounting principles and
generally accepted auditing standards
a. does not indicate that Tiny was negligent.
b. is prima facie evidence that Tiny was negligent.
c. precludes Tiny from raising any defense against a negligence claim.
d. will never subject Tiny to liability.
An innocent party does not need to suffer an injury to collect damages as a result of a
misrepresentation.
a. True
b. False
Ratzo is asked to be a witness to Sades will. Before attesting to the will,
a. Ratzo does not have to read the will or be informed of its contents.
b. Ratzo must read the will and recite its contents.
c. Sade must orally tell Ratzo of the wills contents.
d. Sades attorney must read the will aloud to Ratzo.
A U.S. citizen can bring a civil suit in a U.S. court against a U.S. entity for a tort
allegedly committed overseas.
a. True
b. False
Bryces accountant is Caleb and his attorney is Delilah. All states protect, as privileged
information, Bryces communications with
a. Caleb and Delilah.
b. Caleb only.
c. Delilah only.
d. neither Caleb nor Delilah.
Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to
deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a
party to perform what was promised is
a. specific performance.
b. damages.
c. rescission.
d. beyond the courts authority.
Felonies are punishable by imprisonment for more than a year or death.
a. True
b. False
A major problem facing the Securities and Exchange Commission is how to enforce the
antifraud provisions of the securities laws in the online environment.
a. True
b. False
A quasi contract is notenforceable by a court.
a. True
b. False
State laws regarding corporations are uniform.
a. True
b. False
Statements made by in judicial proceedings are NOT privileged communications and
may be the basis for defamation.
a. True
b. False
On a motion for judgment on the pleadings, a court may consider evidence outside the
pleadings.
a. True
b. False
When an instrument has a forged indorsement, the loss usually falls on the party whose
indorsement was forged.
a. True
b. False
Ester is a lighting technician who hires out on a per-project basis to film and television
production companies, as well as theatres and other venues that stage dramatic and
musical performances. In this capacity, Ester is
a. an agent.
b. an employee.
c. an independent contractor.
d. a principal.
Rita is appointed as an agent for Superior Sales, Inc. The agency agree-ment is silent as
to the level of sales that Rita is expected to achieve. She must
a. achieve nothing because the agreement says nothing on the issue.
b. attain the level that Rita achieved with her previous employer.
c. maintain the level Superior attained before Rita became an agent.
d. use reasonable diligence and skill in selling.
Federal law prevents a provider of communication servicessuch as a cell phone
companyfrom divulging private communications to certain entities and individuals.
a. True
b. False
Constructive delivery occurs when property is physically transferred.
a. True
b. False
Concurrent jurisdiction exists when both federal and state courts have the power to hear
a particular case.
a. True
b. False
Based on Nans conduct, Odel reasonably believes that Poppy has the authority to act on
Nans behalf even though Poppy does not have the actual authority to do so. In this
circumstance, Poppy has
a. apparent authority.
b. express authority.
c. implied authority.
d. no authority.
Jared downloads some video games from the Internet. There is a page indicating the
terms of use, but nothing that requires Jared to affirmatively indicate his consent before
downloading the games. These terms are
a. a click-on agreement.
b. browse-wrap terms.
c. an attribution agreement.
d. a shrink-wrap agreement.
Mountain Bikes, Inc. (MBI), and Nero enter into a contract for a sale of a mountain
bike. MBI, a merchant who deals in goods of the kind sold, makes implied and express
warranties in connection with the sale. The Magnuson-Moss Warranty Act attempts to
prevent deception in warranties by
a. displacing the UCC as the primary source of warranty rules.
b. making warranties easier to understand.
c. prohibiting disclaimers of warranties.
d. requiring sellers to give written warranties for consumer goods.
A liquidated damages provision is the same as a penalty provision.
a. True
b. False