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The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute.....A. administrative law. B. case law C. stare decisis D. Statutory law
The Uniform Commercial Code has been adopted, at least in part, in.......A. All States B. Forty-Five States C. Twenty-five States D. No states
alifornia enacts a statute to ban advertising in "bad taste." This statute 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.
an unconstitutional restriction of speech
The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is.......A. the courts B. the president of the United States C. the governor of Ohio. D. the U.S. Congress.
Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for.....A. any court to exercise in rem jurisdiction. B. a federal district court to exercise original jurisdiction. C. a U.S. court of appeals to exercise appellate jurisdiction. D. the United States Supreme Court to issue a writ of certiorari.
a federal district court to exercise original jurisdiction.
Del, vice-president of sales for EZ Products, Inc., adheres to religious ethical standards. Their application involves an element of.......A. absolutism B. after-the-fact rationalization. C. personal discretion. D. utilitarianism.
Rob, the owner of Super Stores, Inc., adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision affects.....A. the right determination under a cost-benefit analysis B. the rights of others. C. the "right" thing to do. D. the right to make a profit.
the rights of others.
TorF: The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime.
TorF:If a person does not know that he or she is taking the property of someone else, the person cannot be convicted of theft
At Sea Food Cafe, Tom believes that he was overcharged and shoves Wally, a waiter. Wally sues Tom, alleging that the shove was a battery. Tom is liable if..........A. Sea Food did not overcharge Tom. B. the shove was offensive. C. Tom acted out of malice. D. Wally did not wait on Tom.
the shove was offensive.
Curt, a dairy goods salesperson, follows Dona, a competitor's salesperson, as she visits convenience stores to make sales. Curt solicits each of Dona's customers. Curt is likely liable for..... A. conversion. B. trespass to personal property. C. wrongful interference with a business relationship. D. wrongful interference with a contractual relationship.
wrongful interference with a business relationship
In 2009, Digito E Corporation renews its trademark registration as provided by federal law. This registration provides protection.....A. for ten years.B. for twenty years. C. for the life of the corporation plus seventy years. D. forever.
for ten years
Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase......A. has a secondary meaning. B. is descriptive.C. is generic D. is memorable.
Mod Clothing, Inc., and Natty Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Mod and Natty are not in business together and do not own this mark. The mark is.......A. a certification mark. B. a collective mark. C.a service mark. D. trade dress.
a collective mark.
Rory designs a new computer hard drive, which he names "Sci Phi." He also writes the operating manual to be included with each final product. Rory could obtain patent protection for.......A. the hard drive only. B. the name only. C. the operating manual only. D. the hard drive, the name, and the operating manual.
the hard drive only.
Phil sets fire to his house. At common law, the crime of arson could be committed only if a person burned down....... A. a commercial building. B. an unoccupied structure. C. his or her own house D. the house of another person.
the house of another person.
Jack receives an MP3 player stolen from Kelly. To be criminally liable, Jack..........A. must know only that the player is stolen. B. must know only that Kelly is the true owner. C. must know that the player is stolen and that Kelly is the true owner D. need not know that the player is stolen or that Kelly is the true owner.
must know only that the player is stolen
TorF: Under the objective theory of contracts, the intention to enter into a contract is judged by objective facts as interpreted by a reasonable person.
TorF:The four broad types of damages in contract law are compensatory, consequential, punitive, and actual damages
TorF: A shrink-wrap agreement is an agreement whose terms are expressed inside a box in which the goods are packaged
Nora signs a contract to buy a car just before reaching the age of majority. After reaching the age of majority, Nora does not take possession or make payments. Most courts would hold that she had......A. disaffirmed the contract B. executed the contract. C. ratified the contract D. rescinded the contract.
disaffirmed the contract
Ira orally agrees to buy a unique collection of sports memorabilia for $1,000 from Jane and sends her $250 as a down payment. When Ira sends her the rest of the price, Jane refuses to ship Ira the collection. Ira should seek.......A.damages B. reformation. C. rescission. D. specific performance.
Quality Sales Corporation enters into contracts over the Internet. Quality can protect itself against disputes involving these contracts by making important terms......A. clear B. difficult to notice. C. impossible to find. D. standardized
Mocha, a seller, and Ned, a buyer, make a deal over the Internet that involves e-signatures. Under the E-SIGN Act, for the e-signatures to be enforceable.......A. both parties must have agreed to use e-signatures. B. neither party must have agreed to use e-signatures. C. only Mocha must have agreed to use an e-signature. D. only Ned must have agreed to use an e-signature
both parties must have agreed to use e-signatures
TorF: In a contract in which goods and services are combined, the contract is always considered an agreement for the sale of goods
TorF:An implied warranty of merchantability arises in every sale or lease by a merchant who deals in goods of the kind sold or leased
TorF:A holder is any person in possession of an instrument drawn, issued, or indorsed to his or her order or to bearer or in blank
Doug writes a check for $200 payable to Edwina on his account at Friendly Federal Credit Union. The credit union is........A. a drawee. B. a drawer. C. a indorser. D. a payee.
Ivan signs a promissory note payable to Jade on which Ivan conspicuously notes that it is "not negotiable" and gives the note to Jade. This instrument is.....A. negotiable. B. nonnegotiable, because it includes the notation "not negotiable." C. nonnegotiable, because it is a promissory note. D. nonnegotiable, because it was given to Jade.
nonnegotiable, because it includes the notation "not negotiable.
Dotty writes a check for $100 drawn on Eastern Bank and presents it to Fast Cash, Inc., for payment. If the check is not backed by sufficient funds, Dotty may be prosecuted for.....A. forgery. B. fraud. C. negligence. D. robbery.
Khali's debt to Lew is past due. Lew obtains a judgment against Khali to collect the debt, but Khali refuses to pay. Lew asks the court to order My-T Quik Mart, Khali's employer, to pay a portion of Khali's paycheck to Lew. This is a request for....A. an exemption from most federal limits on creditors' actions. B. an order of garnishment. C. an order that would violate most state laws. D. a right of contribution.
an order of garnishment
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