1) Under the Anti-Counterfeiting Trade Agreement, member nations are required to
establish border measures that allow officials to search commercial shipments of
imports and exports for counterfeit goods.
2) A quitclaim deed offers the most protection against defects in the title.
3) Protection of trade secrets extends both to ideas and to their expression.
4) Deceptive advertising does not occur in the online environment.
5) Employee demotion is one of the least frequently cited reasons for a finding of
constructive discharge under Title VII of the Civil Rights Act of 1964.
6) Like Social Security, Medicare is funded by contributions from the employer and the
employee.
7) A bailment must be in writing to be valid.
8) Employer’s liability insurance insures an employer against liability for injuries or
losses sustained by employees during the course of their employment.
9) Every state has it own corporate securities laws that regulate the offer and sale of
securities within tis borders.
10) The law considers all new, single-owner businesses to be sole proprietorships unless
the owner affirmatively adopts some other form.
11) Although cases may be similar, no two cases are ever identical in all respects.
12) Beth is a victim of Carl€s violation of a criminal law. Criminal law is concerned
with
a.the prosecution of private individuals by other private individuals.
b.the prosecution of public officials by private individuals.
c.the relief available when a person€s rights are violated.
d.wrongs committed against the public as a whole.
13) Giancarlo copies Hedrick’s book, Information Free, in its entirety and sells it to
Justice Fair Books, Inc., without Hedrick’s permission. Justice Fair publishes it under
Giancarlo’s name. This is
a.copyright infringement.
b.fair use.
c.licensing.
d.protected expression.
14) Valley Bank retains the cancelled checks of its customers. Valley must be able to
provide customers with legible copies of checks paid for
a.one year.
b.five years.
c.seven years.
d.nine years.
15) Klay arrests Leonida on suspicion of embezzlement. According to the United States
Supreme Court in Case 10.3, Miranda v. Arizona, Leonida must be apprised of certain
constitutional rights
a.after any police interrogation.
b.at any time during police interrogation.
c.only at the request of the suspect’s attorney.
d.prior to any police interrogation.
16) Farmland County Bank offers to lend money to Gino, the owner of Home Hardware
Store, at 15 percent interest. Before Gino accepts, a state statute is enacted prohibiting
loans at rates greater than 12 percent. Gino and the bank have
a.a contract for a loan at 15 percent interest.
b.a contract for a loan at 12 percent interest.
c.a contract for a loan at 0 percent interest.
d.no contract for a loan.
17) A letter-of-credit agreement between Rural Feed Corporation and Soybean Farms,
Inc., requires Rural Feed’s bank to pay Soybean Farms on receipt of invoices. This letter
of credit is
a.a formal contract.
b.no contract.
c.an implied contract.
d.a quasi contract.
18) 11.
Fact Pattern 18-B2
Business Computer Solutions Education Service enters into a contract to employ
Chandra as an instructor for two years to begin June 1. One month before the term
begins, Business Computer is underbid by a competitor and loses a major client, Debt
Consolidation Corporation. Business Computer now refuses to hire Chandra.
Refer to Fact Pattern 18-B2. Under the circumstances, with respect to damages,
Chandra can
a.bring an action immediately.
b.bring an action only after the contract’s two-year term begins.
c.bring an action only after the contract’s two-year term ends.
d.do nothing.
19) Jimenez is an emergency medical technician. Medical personnel such as Jimenez
are prohibited by state statute from working more than a certain number of consecutive
hours. One month, Jimenez works more than the legal limit. Jimenez can recover for
a.the hours up to the statutory maximum but not more.
b.the hours up to the statutory maximum and the extra hours.
c.the hours up to the statutory maximum or the extra hours.
d.nothing.
20) Based on Esteban’s conduct, Floyd reasonably believes that Glynis has the authority
to act on Esteban’s behalf even though Glynis does not have the actual authority to do
so. Floyd makes a payment to Glynis for Esteban. Glynis keeps the money and
disappears. Esteban
a.can demand that Floyd make a repayment directly to Esteban.
b.can obtain damages from Floyd for Glynis’s misconduct.
c.may be estopped from denying that Glynis had authority.
d.must repudiate Glynis’s misconduct to avoid liability.
21) Buck owns five acres of land in California. On the land Buck has a house and a
toolshed. There are ten large maple trees around the house. The real property includes
a.the land only.
b.the land and the house only.
c.the land, the house, and the toolshed, but not the trees.
d.the land, the house, the toolshed, and the trees.
22) Tech Personnel, Inc., is a corporation. Tech Personnel’s implied powers enable it to
a.none of the choices.
b.depart significantly from traditional corporate formalities.
c.bind the corporation to an action that will greatly affect its purpose.
d.borrow funds and lend funds.
23) Cricket signs a check payable to the order of Discount Warehouse, Inc., that does
not include a date. This check is
a.negotiable.
b.nonnegotiable, because it does not include a date.
c.nonnegotiable, because it is payable to a corporation.
d.nonnegotiable, because it is signed by the drawer.
24) Any breach entitles the nonbreaching party to sue for damages.
25) Fastart Corporation makes batteries for motor vehicles. The Federal Trade
Commission (FTC) learns that Gas-Up Auto Parts Stores, a retail company that sells
Fastart’’’s batteries, engages in deceptive advertising practices. What actions can the
FTC take against Quantum?
26) Using another ‘s trademark in a meta tag is not permissible, even if the use is
reasonably necessary.
27) A holder takes an instrument for value if he or she inherits an instrument.
28) An award of damages for a breach of contract can elevate the nonbreaching party to
a better position than he or she would have been in if the contract had not been
breached.
29) In most cases, a contract that prohibits its assignment cannot be assigned.
30) Companies are required to set up confidential systems so that employees and others
can “raise red flags” about suspected illegal or unethical auditing and accounting
practices.
31) The completion of an originally incomplete instrument in an unauthorized manner
is not a defense against payment on the instrument to an HDC.
32) Warranty liability arises only when a transferor indorses the instrument.
33) A contract between Pacific Import Company in Seattle and Atlantic Coast Retail
Corporation in Baltimore does not expressly state which party bears the risk of loss but
says only that Pacific Import is “to ship goods at the seller’s expense.” At what point
does the risk of loss of the goods pass from the seller to the buyer?