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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:
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:
Negotiation traditionally involves just the parties to a dispute without their attorneys.
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:
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:
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:
Small claims courts are inferior state trial courts.
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:
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:
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:
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:
Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.
Q:
A long arm statute permits a court to obtain jurisdicÂtion over an out-of-state defendant.
Q:
Which of the following is true of monetary damages?
A) Monetary damages are available only for material breaches of contract.
B) Dollar damages are not monetary damages.
C) Compensatory damages are not monetary damages.
D) Consequential damages are monetary damages.
Q:
State courts are independent of federal courts.
Q:
Distinguish between minor breach and material breach.
Q:
The function of the courts is to interpret and apply the law.
Q:
Distinguish between conditions and covenants.
Q:
Explain the creation and working of guaranty contracts.
Q:
Federal courts are superior to state courts.
Q:
________ is an action to undo a contract.
Q:
Worldwide Trucking Corporation files a suit in a state court against XL Service Company, and wins. XL appeals the court's decision, asÂserting that the evidence presented at trial to support Worldwide's claim was such that no reasonable jury could have found for the plaintiff. ThereÂfore, argues XL, the appellate court should reverse the trial court's deÂciÂsion. May an appellate court ever reverse a trial court's findings with reÂspect to questions of fact?
Q:
A(n) ________ is an unconditional promise to perform.
Q:
MicroWare hosts a Web site that advertises its software products, feaÂtures upgrades and "patches" for its existing software products, and acÂcepts orders for the products from consumers throughout the world. Mary, who owns and operates Business Records, Inc,, a small bookkeepÂing and payroll business in Colorado, orders from the Web site a copy of MicroWare's Office Books software. Office Books is designed to help acÂcountants and bookkeepers keep accurate business records. When Office Books is found to have a defect in its calculating program, MicroWare ofÂfers a patch on its Web site to fix the problem. Mary has already lost sevÂeral customers because of the miscalculating defect, however, and files a suit against MicroWare in a Colorado state court. Can the court exercise jurisdiction over MicroWare? Why or why not?
Q:
A(n) ________ is a party who is unintentionally benefited by other people's contracts.
Q:
Elle is walking to work along a sidewalk next to a road. A truck owned by Fast Distribution Company (FDC) strikes and injures Elle, causing her injuries that result in more than $250,000 in medical expenses. Elle is a resident of Georgia, where the accident occurred. FDC has its princiÂpal place of business, and is incorporated, in Delaware. In what court may Elle sue FDC?
Q:
An obligee who transfers a right is known as a(n) ________.
Q:
The Alabama Consumer Protection Agency (ACPA) investigates the marketing practices of Beta Sales, Inc. The ACPA serves a subpoena on Beta, ordering the firm to provide certain business records, including its marketing agreements with other companies. Beta refuses to comply with the subpoena. On what is Beta most likely basing its refusal? Is a court likely to support Beta's position? Why or why not?
Q:
A state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of Games Marketing, Inc. (GMI), orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?
Q:
The term ________ refers to any oral or written words outside the four corners of a written contract.
Q:
Old Oak Brewery, Inc., makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Old Oak applies to the Ohio State Liquor Authority (OSLA) for brand-label approval to sell the beer in Ohio. Without considÂerÂing alternatives, OSLA denies approval because "the label could apÂpear in grocery stores, with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Old Oak's applicaÂtion vioÂlates the First Amendment?
Q:
A(n) ________ is a clause in a contract which stipulates that the contract is a complete integration and the exclusive expression of the parties' agreement.
Q:
Jen operates Jen's Fruits & Vegetables, a small market stocked entirely with produce grown on her adjacent farm. Under what clause of the Constitution can the federal government regulate Jen's activities? What is Jen's best argument against federal regulation of her farm and business?
Q:
________ of the Uniform Commercial Code (UCC) is the basic Statute of Frauds provision for sales contracts.
Q:
Jolene, a law enforcement official, monitors Kelsey's Internet activitiese-mail and Web site visitsto gain access to her personal financial data and student information. This may violate Kelsey's right to
a. equal protection of the law.
b. privacy.
c. procedural due process.
d. substantive due process.
Q:
A(n) ________ refers to a promise in which one person agrees to answer for the debts or duties of another person.
Q:
Harbor Town enacts an ordinance to allow only a few street vendors to opÂerÂate in certain areas, for the purpose of reducing traffic. A court would likely review this ordinance under the principles of
a. the commerce clause.
b. the equal protection clause.
c. the due process clause.
d. the First Amendment.
Q:
The ________ states that agents' contracts to sell property covered by the Statute of Frauds must be in writing to be enforceable.
Q:
Myra claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on
a. procedures used in making decisions to take life, liberty, or property.
b. the content of the statute.
c. the similarity of the treatment of similarly situated individuals.
d. the steps to be taken to protect Mary's privacy.
Q:
The ________ is an equitable doctrine that allows the court to order an oral contract for the sale of land or transfer of another interest in real property to be specifically performed if it has been partially performed and performance is necessary to avoid injustice.
Q:
Substantial performance of a contract constitutes a material breach.
Q:
A Massachusetts state statute imposes a prison term, without a trial, on all street entertainers who operate in certain areas. A court would likely review this statute under the principles of
a. equal protection.
b. free exercise.
c. procedural due process.
d. substantive due process.
Q:
An agreement whereby the parties agree to accept something different in satisfaction of the original contract is called a restitution.
Q:
Parker owns and operates Rancho Mirage Corporation, a destination resort in Arizona that features horseback riding and bunkhouse accommodations. The Constitution provides that no person shall be deprived of "life, liberty, or property without due process of law." Included as "legal persons" under this clause are
a. the bunkhouses and other "manmade creations."
b. the corporation and Parker.
c. horses and other "beings in nature."
d. none of the choices.
Q:
Wyoming enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate
a. equal protection.
b. procedural due process.
c. substantive due process.
d. the right to privacy.
Q:
A force majeure clause usually excuses nonperformance caused by natural disasters such as floods, tornadoes, and earthquakes.
Q:
Ralph, an investigator for the Securities and Exchange Commission, goes to the offices of Trust & Worthy Accountants to inspect Trust & Worthy's clients' business records. Government inspectors generally have a right to enter business premises
a. only with a warrant.
b. without a warrant.
c. once the issuance of a warrant has been sought.
d. under no circumstances.
Q:
A covenant is an unconditional promise to perform.
Q:
The parol evidence rule stipulates that the contract is a complete integration and the exclusive expression of the parties' agreement.
Q:
Kansas enacts a law requiring all businesses in the state to donate 10 perÂcent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Lo-Price Stores files a suit to block the law's enforcement. The court would likely hold that this law violates
a. no clause in the U.S. Constitution.
b. the establishment clause.
c. the free exercise clause.
d. the supremacy clause.
Q:
In terms of compliance with the Statute of Frauds and the Uniform Commercial Code, the signature of the person who is enforcing the contract is required.
Q:
The police obtain a search warrant and search Errol's apartment. After yelling obscenities at the officers, Errol confesses to a crime and impliÂcates his friends. The Constitution protects against
a. obscene speech.
b. implication of others.
c. unreasonable searches.
d. none of the choices.