Gold & Sweet Company bottles and sells maple syrup from its plant in Vermont. On the
labels is a logo that states ‘100% Genuine New England Maple Syrup Certified by the
Northeast Maple Syrup Harvesters Association.’ This logo is
a. a certification mark.
b. none of the choices.
c. a service mark.
d. trade dress.
Answer:
EZ Assembly, Inc., and Factory Outlet Stores have their dispute resolved in arbitration.
The arbitrator makes a mistake in a conclusion of law. This is a ground for a court to
a. do nothing.
b. review the merits of the dispute.
c. review the sufficiency of the evidence.
d. set aside the award.
Answer:
Nature’s Food Market sells groceries. Metro Snacks & Drug Store sells groceries and
fills prescriptions. The party with the chief responsibility to prevent unsafe food and
drugs from being sold is
a. Nature’s Food Market and Metro Snacks & Drug Store.
b. Metro Snacks & Drug Store only.
c. the Federal Trade Commission.
d. the Food and Drug Administration.
Answer:
Utah enacts a law that restricts certain kinds of advertising to protect consumers from
being misled. This law would likely be held by a court to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect state interests.
Answer:
Jon, a law enforcement official, monitors Kelsey’s Internet activities’”e-mail and Web
site visits’”to gain access to her personal financial data and student information. This
may violate Kelsey’s right to
a. equal protection of the law.
b. privacy.
c. procedural due process.
d. substantive due process.
Answer:
Processed Food Packaging Company employs workers, including Quint, at six locations
in two states. Processed Food’s discharge of Quint outside the terms of an employment
contract may result in
a. Processed Food’s liability for damages.
b. Quint’s liability for damages.
c. discontinuance of Quint’s health-plan coverage.
d. monitoring Processed Food’s communications for privacy violations.
Answer:
Jackie, an accountant, distributes a handbill to her business clients and potential
customers accusing her competitor Ked of being a convicted thief. The statement is
defamatory if
a. a recipient of one of the handbills repeats it.
b. Ked suffers emotional distress.
c. the statement is true.
d. the statement is false.
Answer:
Nuncio serves in a representative capacity for Obadiah. With respect to binding
Obadiah to contracts, Nuncio’s authority
a. may be actual or apparent.
b. must be actual and apparent.
c. must be actual and not apparent.
d. cannot be actual or apparent.
Answer:
Ronaldo’s debt to Sofia is past due. Ronaldo obtains a judgment against Sofia to collect
the debt, but Sofia will not pay. Ronaldo requests a writ of execution. The property that
is seized under the writ of execution must be
a. in Ronaldo’s possession.
b. in Sofia’s possession.
c. in the possession of Sofia’s employer or other third party.
d. located within the court’s geographic jurisdiction.
Answer:
Fresh Dairy, Inc., is the offeror and Gelato Ice Cream Company is the offeree under a
unilateral sales contract in which Hector’s Helado Corporation is also interested. Gelato
is not notified of Fresh Dairy’s performance within a reaÂsonÂable time. Gelato
a. may treat the offer as having lapsed.
b. must assume that Fresh Dairy has started to perform.
c. must contact Fresh Dairy.
d. must notify Hector’s.
Answer:
Precision Crafted Tools, Inc., makes tools for consumers and construction professionals.
While using a Precision Crafted tool to replace an electrical fixture, Quinn neglects to
shut off the power and is electrocuted. Quinn’s heirs file a suit against Precision Crafted.
In a contributory negligence jurisdiction, the plaintiffs could recover
a. only if both parties were equally at fault.
b. only if Quinn was less than 50 percent at fault.
c. only if Precision Crafted was more than 51 percent at fault.
d. nothing.
Answer:
The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This
law can be enforced by
a. no one.
b. the federal government only.
c. the state of Pennsylvania only.
d. the United States Supreme Court only.
Answer:
Dynamic Oil Corporation, a U.S. firm, owns property in Ecuador. When the
government of Ecuador seizes the property, Dynamic Oil asks a U.S. court to order the
property’s return. The court rules that Ecuador is exempt from the court’s jurisdiction.
This is
a. a travesty of justice.
b. the act of state doctrine.
c. the doctrine of sovereign immunity.
d. the principle of comity.
Answer:
Elaine owns the Fabric & Yarn store. Goldie is a salesperson in the store. When Goldie
makes a sale to Heather, the sale is binding on
a. Elaine.
b. Goldie.
c. Fabric & Yarn only’”and only if Elaine is present at the sale.
d. no one.
Answer:
April and other employees of Bodegas & Bistros Inc. (2B) maintain a
password-protected social media page to ‘vent about work.’ When 2B learns of the page,
the company intimidates April into revealing the password, and after reviewing the
posts, fires her and the other participants. Most likely, this is
a. a violation of the Stored Communications Act.
b. within 2B’s rights as an employer.
c. a subject for dispute resolution by the communications providers that the employees’
page uses.
d. a ‘business-extension exception’ under the Electronic Communications Privacy Act.
Answer:
Eudora is interested in buying a franchise from First Home Realty Company. In this
transaction, the Federal Trade Commission’s Franchise Rule
a. does not apply.
b. enables Eudora to weigh the deal’s risks and benefits.
c. enables First Home to weigh the deal’s risks and benefits.
d. prohibits certain types of anticompetitive agreements.
Answer:
Bette backs out of City Parking Garage, colliding with Dill’s car and thereby causing
damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as
a. a blameless person.
b a faultless person.
c. a professional person.
d. a reasonable person.
Answer:
North Carolina enacts a statute that requires a label on a video game to warn parents
when ‘the range of options available to a player include dismemÂbering or sexually
assaulting the image of a human being.’ In a challenge to the statute by game makers,
the state asks a federal court to enforce the statute. The state fails to show that the
statute is justified by a compelling government interest or that it is narrowly tailored to
serve that interest. The court is most likely to
a. hold that the statute is unconstitutional and refuse to enforce it.
b. expand the label’s warning to include other forms of violence.
c. impose market-share liability on makers of violent video games.
d. replace the voluntary rating system currently in use.
Answer:
Generally, government inspectors do not have the right to enter business premises
without a warrant.
Answer:
Generally, U.S. employers abroad must abide by U.S. discrimination laws unless to do
so would violate the laws of the country where their workplaces are located.
Answer:
Vesting gives an employee a legal right to receive pension benefits at some future date
when he or she stops working.
Answer:
Laws would be meaningless without the courts to interpret and apply them.
Answer:
Federal law permits the sending of unsolicited commercial e-mail and does not prohibit
spamming activities.
Answer:
Rini, the owner of Simply Sushi, is a sole proprietor. What are the chief characteristics,
advantages, and disadvantages of this form of busiÂness organization? Rini wants to
obtain additional capital to expand Simply Sushi, but she does not want to lose control
of the firm. As a sole proprieÂtor, what is her best option to attain these goals?
Answer: