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Question
Constance was buying a used personal watercraft from Ralph. He told her that the engine on the watercraft was in good shape. Constance agreed to pay Ralph $4,000 for the watercraft. She was going to be out of town on vacation, so Ralph and Constance agreed that when she returned in a week, she would bring over the money and pick up the watercraft. During that week, the manufacturer notified Ralph that the watercraft was being recalled because it had a faulty engine that needed repair. Ralph said nothing about the condition of the engine or the recall when Constance came to pick up the watercraft. They chatted about other matters; she gave him the $4,000, and took the watercraft. Later, Constance started having problems with the watercraft and found out the purchasers had been notified of the issue with the engine. She asked for a refund accusing Ralph of fraud. Ralph refused on the basis that he did not make any misrepresentation. Who is correct and why? For purposes of this question, assume that sales talk or puffery is not at issue.
Answer
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Related questions
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Which is not an intention tort against one's economic interest?
A. Disparagement
B. Intentional interference with a contract
C. Unfair competition
D. Fraudulent misrepresentation
E. Conversion
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Under which of the following situations does the tort of trespass to realty occur?
A. When a person causes an object to be placed on the land of another without the landowner's permission.
B. When a person stays on the land of another when the owner tells him to depart.
C. When a person refuses to remove something he placed on the property that the owner of the property asked him remove.
D. When a person causes an object to be placed on the land of another without the landowner's permission, when a person stays on the land of another when the owner tells him to depart, and when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
E. None of these because a person does not commit trespass to realty unless it can be established that the person initially entered the land of another without permission.
Q:
Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?
A. The Internet Communications Act of 2000.
B. The Interactive Computer Services Protection Act of 2004.
C. The Communications Decency Act of 1996.
D. The Internet Communications Protection Act of 1998.
E. The Blog Protection Act of 2001.
Q:
Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true?
A. Robby's conduct constitutes a battery.
B. Robby's conduct constitutes an assault.
C. Robby's conduct constitutes both a battery and an assault.
D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.
E. Robby's conduct does not constitute an assault because contact has not yet happened.
Q:
In which of the following is a category into which intentional torts are divided?
A. Torts against persons, property, and animals.
B. Torts against property, economic interests, and roadways.
C. Torts against persons, economic interests, and strict liability.
D. Torts against persons, property, and economic interests.
E. None of these.
Q:
Which of the following is true regarding the intent needed for an intentional tort?
A. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another.
B. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical, not merely economic, injury to another.
C. The intent at issue is intent to harm that results in an injury, physical or economic, to another.
D. The intent at issue is intent to harm that results in physical, not merely economic, injury to another.
E. The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.
Q:
Define the term "criminal fraud" and discuss the three elements generally involved in establishing criminal fraud.
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List the elements the government must prove in order to establish bribery of a public official under the federal statute criminalizing that offense.
Q:
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A. felony
B. misdemeanor
C. petty
D. absolute
E. strict liability
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Divorce Fallout. Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. Which of the following offenses, if any, did Dr. Fred commit when he used UPS to send correspondence and samples of the bands to patients?
A. False pretenses
B. False entry
C. Defalcation
D. Mail fraud
E. None of these. He is possibly guilty of some state law offense, but mail fraud requires the use of the U.S. mails.
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First Amendment protections do not apply to corporations.
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The privileges and immunities clause give the federal government the authority to collect taxes.
Q:
Federal laws include rules passed by federal administrative agencies.
Q:
Congress has the power to enact legislation, but the president can veto a law that Congress passes.
Q:
The U.S. Constitution allocates power of the federal government between the executive and judiciary branches.
Q:
Which of the following are rules regarding the internal operations of an agency?
A. Procedural
B. Interpretive
C. Legislative
D. Adjudicative
E. Judicial
Q:
Congress created federal administrative agencies Congress through passage of what type of legislation?
A. Administrative
B. Enabling
C. Statutory
D. Agency
E. Interstate
Q:
Which type of agency is generally defined as any body created by the legislative branch to carry out specific duties?
A. An administrative agency
B. A legal agency
C. A quasi-legal agency
D. A procedural agency
E. A regulatory agency
Q:
Administrative law involves:
A. applications.
B. licenses.
C. decision making.
D. applications and licenses.
E. applications, licenses, and decision-making.
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The primary type of rule making used by administrative agencies is informal rule making.
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The Administrative Procedures Act provides specific guidelines on rule making by agencies.
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There are two types of administrative agencies, executive and independent.
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Independent agencies are governed by a senate committee appointed by the president.
Q:
If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making that is required, a court will interpret the rule as requiring formal rule making.
Q:
Administrative agencies have legislative, executive, and judicial powers.
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Set forth the steps involved in formal rule making.
Q:
Disappointed Applicant. Polly, who had a regular driver's license to operate an automobile, decided that she really wanted to drive a tractor-trailer truck. She thought that it would be nice to earn money while seeing the country. Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck. While taking the test, in an effort to relieve stress, Polly was stretching her neck and looking around at the other nervous test takers. The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers. Her application to drive a tractor-trailer was denied. The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well. Applicable statutes provide as follows: (1) "the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2) "the DMV may refuse to issue a license to any person who has "committed any fraud in any application." Polly hears that you have just finished business law and asks for advice. She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated. The statutes setting forth the authority of the agency are called ______ statutes.
A. enabling
B. authorization
C. enforcement
D. dedicated
E. final
Q:
Four Paws Protection. Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules. The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate. Which of the following is the correct term for legislation passed by Congress specifying the name, functions, and specific powers of the Animal Protection Commission?
A. Enabling legislation
B. Enacting legislation
C. Approving legislation
D. Administrative regulation
E. Agency regulation
Q:
DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission and that in any event, action by an agency is always upheld. Which of the following would have reached the decision at her hearing before the administrative agency?
A. An adjudicative law judge
B. An administrative law judge
C. A federal court judge
D. A superior court judge
E. A jury
Q:
DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that, in any event, action by an agency is always upheld. Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?
A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.