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Questions
Q:
Which of the following statements is true of e-mail contracts?
A) All e-mail contracts require consideration, capacity, and lawful object.
B) E-mail contracts are exempted from the requirements of the Statute of Frauds.
C) E-mail contracts are enforceable even if they do not meet the requirements of a traditional contract.
D) Several e-mails cannot be integrated to determine the parties' agreement.
Q:
Jo files a suit against Lara in a Missouri state court. Lara's only connecÂtion to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has
a. a commercial cyber presence in Missouri.
b. conducted substantial business with Missouri residents.
c. general maximum contact with Missouri.
d. solicited virtual business in Missouri.
Q:
A(n) ________ contract refers to a contract that is entered into by the parties by use of e-mail.
A) web
B) online
C) e-mail
D) ISP
Q:
The shape of the short-run average total cost curve is a result ofA) economies of scale.B) diseconomies of scale.C) the law of diminishing marginal product.D) falling profits.
Q:
Rolf, a citizen of New Mexico, wants to file a suit against Sandy, a citizen of Texas. Their diversity of citizenship may be a basis for
a. no court to exercise jurisdiction.
b. a federal court to exercise original jurisdiction.
c. a state court to exercise appellate jurisdiction.
d. the United States Supreme Court to refuse jurisdiction.
Q:
Which of the following is true of the World Wide Web?
A) Only businesses–not individuals–can have their own websites.
B) Individuals need not register with a service provider to access the web.
C) A website can have several online addresses.
D) Web pages are stored on servers which are operated by Internet service providers.
Q:
The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pickled Peppers, Inc., is heard in an appellate court. The difference between a trial and an appellate court is whether
a. a trial is being held.
b. the court is appealing.
c. the parties question how the law applies to their dispute.
d. the subject matter of the case involves complex facts.
Q:
Which of the following best describes the World Wide Web?
A) a connection of millions of computers that support a standard set of rules for the exchange of information
B) a network of millions of smaller networks, each with an independent set of standards
C) a connection of millions of computers across the world with no specific standards or time constraints for exchange of data
D) a world-wide network of millions of smaller networks with a different standard of information exchange in each country
Q:
Inferior Company, which is based on South Carolina, makes and sells prodÂucts that are poorly made. Jack, who is a resident of North Carolina, buys an Inferior product and suffers an injury through its use. The diversity of citiÂzenship between these parties means that
a. federal and state courts have concurrent jurisdiction.
b. federal courts have exclusive jurisdiction.
c. no court has jurisdiction.
d. state courts have exclusive jurisdiction.
Q:
The computers that constitute the World Wide Web use a standard set of rules known as ________ for the exchange of information.
A) POP
B) POP3
C) HTTP
D) IMAP
Q:
Tyler, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that
a. the case is being heard for the first time.
b. the court has a unique method of deciding whether to hear a case.
c. the court has unusual procedural rules.
d. the subject matter of the suit is interesting and new.
Q:
What is cybersquatting? Can trademark owners recover domain names registered in bad faith?
Q:
Which of the following is a long-run adjustment?A) A restaurant hires a new chef.B) A company builds a new manufacturing plant. C) A bank hires a new CEO.D) A company hires ten new management trainees.
Q:
The ________ permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.
Q:
Harvey, a resident of Indiana, has an accident with Janette, a resident of Kentucky, while driving through that state. Janette files a suit against Harvey in Kentucky. Regarding Harvey, Kentucky has
a. diversity jurisdiction.
b. in personam jurisdiction.
c. in rem jurisdiction.
d. no jurisdiction.
Q:
Registering a domain name of another party's trademarked name or famous person's name in bad faith is called ________.
Q:
Ginger wants to file a suit against Fred. For a court to hear the case
a. Fred must agree.
b. the court must have jurisdiction.
c. the parties must have no minimum contact with each other.
d. the parties must own property.
Q:
The Ohio state legislature passes a law to regulate local delivery servÂices. The final authority regarding the constitutionality of this law is
a. the judicial system.
b. the president of the United States.
c. the governor of Ohio.
d. the U.S. Congress.
Q:
The ACPA is federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.
Q:
The Anticybersquatting Consumer Protection Act (ACPA) is a federal statute that makes the misrepresentation of another person, business or organization using inappropriate words, imagery or other media illegal.
Q:
In economics we assume that the goal of a firm is toA) minimize costs. B) maximize revenue.C) maximize economic profits. D) maximize total sales.
Q:
Most online dispute resolution services apply general, universal legal principles to resolve disputes.
Q:
Registering a domain name of another party's trademarked name or famous person's name is called cybersquatting.
Q:
In early neutral case evaluation, a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.
Q:
.bz is a restricted domain extension and can only be used by businesses or organizations in Brazil.
Q:
The verdict in a summary jury trial is binding.
Q:
A mini-trial is a private proceeding in which each party's attorney arÂgues the party's case before the other party.
Q:
The .biz extension is used for large-business and corporate websites.
Q:
A court's review of an arbitrator's award may be restricted.
Q:
The .org domain name extension represents a resource website.
Q:
A consumer will achieve the highest level of utility possible when she consumesA) at the point at which the highest indifference curve is tangent to the budget constraint.B) at the point at which the indifference curve crosses the budget constraint. C) at a point to the left of the budget constraint.D) just below the point where the indifference curve crosses the budget constraint.
Q:
Arbitration that is mandated by the courts is often binding on the parties.
Q:
A network extension is a unique name that identifies an individual's or company's website.
Q:
The ________ is a federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.
A) UCITA
B) ACPA
C) ICANN
D) ECPA
Q:
No court offers mediation as an option before a case goes to trial.
Q:
The ________ issued new rules that permit a party to register a domain name with new TLD suffixes that are personalized.
A) UCITA
B) ACPA
C) ICANN
D) ECPA
Q:
Negotiation traditionally involves just the parties to a dispute without their attorneys.
Q:
Jonathan Smith, a neurosurgeon in Oregon, wants to start a website that makes it possible for neurosurgeons across the world to work collaboratively on medical cases. Which of the following domain name extensions is most appropriate for Smith's website?
A) .com
B) .org
C) .edu
D) .pro
Q:
Quantity of PizzaMarginal UtilityQuantity of BeerMarginal Utility1451402402403303354154105-550In the above table, Bob experiences diminishing marginal utility after consuming how many pieces of pizza?A) 1 B) 2 C) 3 D) 4
Q:
Mediation is adversarial in nature.
Q:
________ is the most widely used domain extension in the world.
A) .net
B) .com
C) .biz
D) .org
Q:
Alternative dispute resolution refers to any method for resolving a disÂpute outside the court system.
Q:
Which of the following domain extensions signifies a resource website?
A) .com
B) .org
C) .edu
D) .info
Q:
The United States Supreme Court can review any case decided by any of the federal courts of appeals.
Q:
Which of the following is the first step in registering a domain name?
A) determining whether any other party already owns the name
B) determining if the name does justice to the image of the company or individual
C) finding an extension that attracts maximum web traffic
D) enrolling with a service provider to host the website
Q:
Most lawsuits are settled or dismissed before they go to trial.
Q:
Suppose that the income elasticity of demand for peanut butter is 0.75. Which of the following is true?A) Peanut butter is a normal good, because income elasticity is positive. B) Peanut butter is an inferior good, because income elasticity is positive. C) Peanut butter is a normal good, because income elasticity is less than 1.D) Peanut butter is an inferior good, because income elasticity is less than 1.
Q:
The United States Supreme Court has original jurisdiction in rare instances.
Q:
A(n) ________ uniquely identifies an individual's or company's website.
A) e-signature
B) digital footprint
C) e-mail address
D) domain name
Q:
Joan reads e-mails from Harold's personal e-mail folder. Which statute has Joan violated and why? Under what circumstances is she permitted to read Harold's e-mail?
Q:
U.S. district courts have original jurisdiction in matters involving federal questions.
Q:
The ________ makes it a crime to intercept an electronic communication at the point of transmission, while in transit, when stored by a router or on a server, or after receipt by the intended recipient.
Q:
A federal case typically originates in a state court.
Q:
The ECPA provides that stored electronic communications may be accessed by the party or entity providing the electronic communication service.
Q:
Courts of appeals conduct new trials in which evidence is submitted to the court and witnesses are examined.
Q:
The UCITA makes it illegal to access another person's stored e-mail.
Q:
If the absolute price elasticity of demand for a product is less than 1, thenA) consumers are relatively insensitive to price changes.B) consumers are relatively sensitive to price changes.C) there is a positive relationship between price changes and total revenue.D) producers are relatively insensitive to price changes.
Q:
Small claims courts are inferior state trial courts.
Q:
Who among the following can access Henry's stored electronic communications without violating the ECPA?
A) Henry's colleague at work, who is working on the same project as Henry and needs the information.
B) Henry's wife, who suspects him of adultery.
C) Henry's boss, who suspects him of leaking confidential information.
D) Henry's personal financial advisor, who wants to see if he has sufficient funds to make an investment.
Q:
To have standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining.
Q:
Which of the following is true of the ECPA?
A) Businesses are allowed to send spam e-mails, as long as they do not lie.
B) ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
C) An e-signature is as effective as a pen-inscribed signature.
D) It is a crime to intercept an electronic communication at the point of transmission.
Q:
A justiciable controversy is a case in which the court's decisionthe "jusÂtice" that will be servedwill be controversial.
Q:
The ________ is a federal statute that makes it a crime to intercept an electronic communication at the point of transmission, while in transit, when stored by a router or server, or after receipt by the intended recipient.
A) UCITA
B) ECPA
C) ACPA
D) ICANN
Q:
Venue is the term for the subject matter of a case.
Q:
________ are state laws that require certain types of contracts to be in writing.
Q:
Common property often results inA) a negative externality. B) a social benefit.C) a private cost. D) exclusive rights of ownership.
Q:
A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.
Q:
The ________ gives an e-signature the same force and effect as a pen-inscribed signature on paper.
Q:
A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.
Q:
Kinetosphere Automation Inc. (K.A.) makes a mandatory employment contract with all its employees. The contract states that K.A.'s employees are not permitted to work for any other organization while they are employed by K.A. If K.A. finds an employee serving another company, it can approach the court to obtain a(n) ________ to prevent the employee from working in the other company.
A) restitution
B) rescission
C) injunction
D) subjugation
Q:
Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.
Q:
________ refers to an equitable doctrine that permits the court to rewrite a contract to express the parties' true intentions.
A) Reformation
B) Injunction
C) Conjunction
D) Garnishment
Q:
For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.
Q:
An award of ________ orders the breaching party to perform the acts promised in a contract.
A) reformation
B) injunction
C) restitution
D) specific performance
Q:
All of the following are reasons that health care costs have risen so much in the past few decades EXCEPTA) the aging population. B) higher imports.C) new technologies. D) third party payments.
Q:
Diversity of citizenship cases are only those arising between citizens of different states.
Q:
As a part of a downsizing initiative, Richmond and Sons fired an employee before his employment contract lapsed. Is the employee responsible for mitigating damages? Explain.
Q:
Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.
Q:
Mary buys a new toaster for $500. The toaster's label bears a disclaimer stating that the manufacturer is not liable for consequential damages. One morning while Mary is using the toaster, it emits sparks and damages the electrical wiring in the kitchen. The electrician tells Mary that the toaster malfunctioned and that the cost of repairs in her kitchen would amount to $2,000. What amount of monetary damages can Mary likely recover from the manufacturer of the toaster?
A) $500
B) $2,500
C) $2,000
D) No monetary damages can be recovered.
Q:
A long arm statute permits a court to obtain jurisdicÂtion over an out-of-state defendant.