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Q:
The purpose of tort law is to punish criminal wrongdoers.
Q:
Which of the following is true of the UCITA?
A) It establishes a uniform set of rules that prohibit all forms of cybersquatting.
B) It establishes the Statute of Frauds for all online content.
C) It aims at eliminating all domain names registered in bad faith.
D) It becomes a law only when a state legislature enacts it as a statute.
Q:
Tortfeasor is the term for a person who commits a tort.
Q:
The ________ establishes a uniform and comprehensive set of rules that govern the creation, performance, and enforcement of computer information transactions.
A) CAN-SPAM Act
B) UCITA
C) ECPA
D) ACPA
Q:
Quik Results, Inc., a Maine corporation, makes and sells Power Up!, a weight-gain and muscle-building supplement. Orin, a citizen of New York, sees an ad for Power Up! in WorkOut magazine and buys it in New York City at a local health club. Within ten days of beginning to use Power Up!, Orin suffers internal injuries. Alleging that the injuries are caused by Power Up!, Orin files a suit against Quik in a New York state court. Quik asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik. What is the court most likely to rule and why?
Q:
What measures has Congress taken to regulate spam e-mail?
Q:
Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet. They agree to resolve this dispute in 2BRNot2B.com, an onÂline forum. Like most online forums, 2BRNot2B.com applies
a. general, universal legal principles.
b. the provisions of the Federal Arbitration Act.
c. jurisprudence developed by the United Nations.
d. the law of California (or another specific U.S. jurisdiction) .
Q:
A(n) ________ is any computer system that has been established by a seller to accept orders.
Q:
To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts
a. not at all.
b. until the ODR service has issued a decision.
c. with respect to any dispute arising between them.
d. with respect to this dispute only.
Q:
The ________ provides that Internet service providers are not liable for the content transmitted over their networks by e-mail users and websites.
Q:
The ________ is a federal statute that places certain restrictions on persons and businesses that send unsolicited commercial advertising to e-mail accounts, prohibits falsified headers, prohibits deceptive subject lines, and requires spammers to label sexually oriented e-mail as such.
Q:
Vince files a suit against Will. Vince and Will meet, and each party's atÂtorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to enÂcourage them to settle their dispute. This is
a. court-ordered arbitration.
b. early neutral case evaluation.
c. a mini-trial.
d. a summary jury trial.
Q:
The ________ is an electronic connection of millions of computers that support a standard set of rules for the exchange of information.
Q:
Kobe files a suit against Joanna. They meet, and each party's atÂtorney arÂgues the party's case before a judge and jury. The jury presents an adÂviÂsory verdict, after which the judge meets with the parties to enÂcourage them to settle their dispute. This is
a. a mini-trial.
b. a summary jury trial.
c. early neutral case evaluation.
d. not a legitimate form of dispute resolution.
Q:
The World Wide Web consists of millions of computers that support a standard set of rules called ________ for the exchange of information.
Q:
Seaside Resort, Inc., adopts an alternative dispute resolution (ADR) proÂgram. Tess, a current employee, signs an agreement under which arbiÂtration is subject to "Seaside's rules, with the employee to bear all costs of the proceeding." When a dispute arises, Tess refuses to arbitrate. Seaside files a suit to compel arbitration. The court will most likely
a. order arbitration according to Seaside's rules.
b. order arbitration but suspend Seaside's rules.
c. refuse to order arbitration if a resolution of the dispute is clear.
d. refuse to order arbitration if Tess lacks the ability to pay.
Q:
Counteroffers are not effective against electronic agents.
Q:
Transnational Corporation and UniShip, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having juÂrisÂdicÂtion may
a. monitor any arbitration until it concludes.
b. order an arbitrator to rule in a particular way.
c. order a party to bring the dispute to court.
d. order a party to submit to arbitration.
Q:
The CAN-SPAM Act requires spammers to label sexually oriented e-mails as such.
Q:
Massive Equipment Company and Wastewater Management Corporation agree in writing to submit a dispute to arbitration. In most circumstances, submission to arbitration is possible
a. for any commercial matter.
b. for no commercial matter.
c. only after a dispute arises.
d. only before a dispute arises.
Q:
The E-SIGN Act is a not a federal statute, and state legislatures are required to adopt it in order for it to become state law.
Q:
Eden Property Sales Corporation and Dion agree to reÂsolve their dispute in arbitration. The arbitrator's decision is called
a. a conclusion of law.
b. a finding of fact.
c. an award.
d. a verdict.
Q:
ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
Q:
Owen, in Pennsylvania, and Quonset Structures, Inc., in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia. 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.
Q:
The term ISP refers to users who disguise computer viruses as executable programs and send them across the Internet.
Q:
Pixie files a suit against Quiver. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who imposes a resolution on the parÂties. This is
a. arbitration.
b. mediation.
c. negotiation.
d. not a legitimate form of dispute resolution.
Q:
ISPs provide e-mail accounts, Internet access, and storage on the Internet to users.
Q:
The CAN-SPAM Act does not regulate spam sent to Americans from other countries.
Q:
Shelly and Tom disagree over the amount of money due under their conÂtract. To avoid involving any third party in a resolution of the dispute, Shelly and Tom might prefer to use the alternative dispute resolution method of
a. arbitration.
b. litigation.
c. mediation.
d. negotiation.
Q:
The CAN-SPAM Act does not end spam but instead approves businesses to use spam as long as they do not lie.
Q:
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.The least expensive method to resolve the disÂpute between Java and Kaffe may be
a. arbitration because the case will be heard by a mini-jury.
b. litigation because each party will pay its own legal fees.
c. mediation because the dispute will be resolved by a non-expert.
d. negotiation because no third parties are needed.
Q:
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.If Java and Kaffe have a long-standing busiÂness relationship that they would like to continue, a preferred method of setÂtling their dispute may be mediation because
a. the case will be heard by a mini-jury.
b. the dispute will eventually go to trial.
c. the process is not adversarial.
d. the resolution of the dispute will be decided an expert.
Q:
E-mail contracts need not meet the Statute of Frauds requirements as long as they meet UCITA guidelines.
Q:
Parties enter into an electronic mail contract by the use of e-mail.
Q:
Jackson files a suit against Lance. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party sugÂgests or proposes a resolution, which the parties may or may not decide to adopt. This is
a. arbitration.
b. mediation.
c. negotiation.
d. not a legitimate form of dispute resolution.
Q:
The World Wide Web consists of computers that support a standard set of rules for the exchange of information called File Transfer Protocol (FTP).
Q:
Boyd files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court is
a. not required to hear the case.
b. required to hear the case because Cathy lost in a federal court.
c. required to hear the case because Cathy lost in a lower court.
d. required to hear the case because it is an appeal.
Q:
Most Web pages use electronic ordering systems that do not have the ability to evaluate and accept ________.
A) counteroffers
B) e-licenses
C) e-signatures
D) biometric data
Q:
The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This
a. is a decision on the merits with value as a precedent.
b. indicates agreement with the Idaho court's decision.
c. means nothing.
d. means that the Idaho court's decision is the law in Idaho.
Q:
Barney wants to rent an apartment and posts an advertisement in a classifieds website. Two days later, Michael, who wants to rent out his apartment, e-mails Barney and they finalize the deal over the Internet. Barney pays Michael through an online transfer. This is an instance of ________.
A) e-licensing
B) e-commerce
C) cybersquatting
D) information licensing
Q:
Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in
a. federal courts of appeals.
b. federal district courts.
c. state trial courts.
d. the United States Supreme Court.
Q:
Which of the following is true of e-commerce?
A) Lessors cannot use web addresses to lease goods.
B) Intellectual property cannot be explicitly listed for sale on a website.
C) An e-mail contract is not binding.
D) Services can be listed for sale on websites.
Q:
Mariah wins her suit against Variety Products Company. Variety's best ground for appeal is the trial court's interpretation of
a. the conduct of the witnesses during the trial.
b. the credibility of the evidence that Mariah presented.
c. the dealings between the parties before the suit.
d. the law that applied to the issues in the case.
Q:
Kit loses her suit against Lou in a Minnesota state trial court. Kit apÂpeals to the state court of appeals and loses again. Kit would appeal next to
a. a U.S. district court.
b. the Minnesota Supreme Court.
c. the United States Supreme Court.
d. the U.S. Court of Appeals for the Eighth Circuit.
Q:
LetsConnect is a three-month-old Internet service provider in the United States of America. In the last two months, it was discovered that several LetsConnect users exchanged online material that is illegal in the United States. The ISP took no measures to investigate the matter or prevent it. Which of the following is true of this case?
A) The users of LetsConnect are not liable for the material they exchanged.
B) The ISP is not liable for the content transmitted over its network.
C) The ISP will be prosecuted for abusing the freedom of speech.
D) The ISP will be prosecuted for violating the Communications Decency Act.
Q:
Child's Play, Inc., sells a toy with a dangerous defect. Drew buys the toy for his son but discovers the defect before the child is injured. Drew files a suit against Child's Play. The firm's best ground for dismissal of the suit is that Drew does not have
a. certiorari.
b. jurisdiction.
c. standing to sue.
d. sufficient minimum contacts.
Q:
Which of the following is true of the Communications Decency Act of 1996?
A) Businesses can 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) Businesses are liable for invading the right to privacy if they send unsolicited e-mails.
D) The number of servers an ISP can access in a geographical location is limited.
Q:
Which of the following is true of the CAN-SPAM Act?
A) It regards spam e-mail as a punishable offence.
B) It prohibits spammers from sending sexually-explicit e-mail.
C) It approves businesses to use spam as long as they do not lie.
D) It provides a civil right of action to individuals who have received unsolicited spam.
Q:
Inferior Company sells products that are poorly made. Jock, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for disÂmissal of the suit is that Jock does not have
a. certiorari.
b. jurisdiction.
c. standing.
d. sufficient minimum contacts.
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:
Lacey files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lacey and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio
a. has a sufficient stake in the matter.
b. has jurisdiction.
c. has sufficient minimum contacts with the parties.
d. is a more convenient location to hold the trial.
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:
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:
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:
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 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:
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:
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:
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:
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:
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 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 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 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:
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:
The .biz extension is used for large-business and corporate websites.
Q:
A mini-trial is a private proceeding in which each party's attorney arÂgues the party's case before the other party.
Q:
A court's review of an arbitrator's award may be restricted.
Q:
The .org domain name extension represents a resource website.
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