Q&A Hero

Q: Cathy assures Don that she will deliver his products as he directs. An assertion that one will do something in the future is part of the definition of A.a declaration. B.a moral obligation. C.an ethical principle. D.a promise.

Q: A reasonable, lawful, and effective meaning will normally be given to all of a contract's terms.

Q: When the words in a contract have more than one meaning, they are cut from the contract.

Q: Under the plain meaning rule, a court will enforce a contract according to what it clearly states.

Q: In a contract, specific wording will be given greater weight than general wording.

Q: The doctrine of quasi contract applies only if there is an actual contract.

Q: A void contract is enforceable if it is in writing.

Q: A contract cannot be void if its purpose is legal.

Q: A quasi contract is not a TRUE contract.

Q: A quasi contract arises from a mutual agreement between two parties.

Q: If a voidable contract is avoided, the parties to it are released from it.

Q: To be valid, a contract must be enforceable by all of the parties to it.

Q: An otherwise valid contract may be unenforceable if it is not in writing.

Q: A voidable contract is a valid contract that can be avoided at the option of at least one of the parties to it.

Q: An executory contract is one that has been fully performed.

Q: Parties can form a contract without putting the terms in writing.

Q: An express contract must be in writing.

Q: An implied contract is implied from the conduct of the parties.

Q: A check, like other negotiable instruments, is a formal contract.

Q: Informal contracts are usually based on substance rather than form.

Q: Offers may not be revoked before they are accepted.

Q: A unilateral contract is formed when the one receiving the offer completes the requested act or performance.

Q: An offer to form a unilateral contract is accepted by a promise to perform.

Q: An offeror is a person who makes an offer.

Q: An offer to form a bilateral contract is accepted only by completing the contract performance.

Q: There are no exceptions to the rule that contracts voluntarily entered into will be enforced.

Q: "Consideration" refers to the genuine assent of all of the parties to a contract.

Q: One of the requirements of a valid contract is a fair price.

Q: One of the requirements of a valid contract is its acceptance.

Q: The intention to enter into a contract is judged by objective facts as interpreted by a reasonable person.

Q: Contract disputes rarely arise on a promise of future performance.

Q: A contract is a promise to act.

Q: Contract law shows what excuses our society accepts for breaking certain types of promises.

Q: Resolving whether a promise should be enforced is the essence of contract law.

Q: A promise is an assertion that something will or will not happen in the future.

Q: Some promises are not legally binding contracts.

Q: Kino sees a DVD player on the porch of Lulu's house, takes the player to his home, and tells everyone he owns it. Maya, holding a knife, forces Nick to give her his boom box, and runs away with it. Ollie breaks into Pam's apartment, takes a computer, and leaves. Which of these acts are crimes, and what are the differences among them?

Q: Susan is the president of United Food Corporation, a wholesale grocery company. An inspection by Tim, a government agent, uncovers unsanitary conditions caused by Val, a United employee, in the United warehouse. Will, a United vice president, assures Tim that the situation will be corrected, but nothing is done, which a later inspection reveals. Susan knows nothing about any of this. Can United be convicted of a crime in these circumstances? Can Susan be held personally liable?

Q: Rashad accesses Quant Company's computer system without authority to obtain protected financial data. Under federal law, this is A.a felony if it is committed for a commercial purpose. B.a felony if Quant brings a civil suit against Rashad. C.not a crime. D.a crime, but not a felony.

Q: Via the Internet, Rocky sabotages the computer system of Quik Chik'n Company, a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill. Rocky is A.a cyberterrorist. B.a botnet. C.a virus. D.a worm.

Q: Posing as a representative of Global Games Company, Ferris e-mails Evan, a job seeker, asking him to forward personal banking information so that if he is hired, payroll checks can be deposited directly into his account. Evan supplies the data, which Ferris promptly sells to Dixie. This is A.no crime. B.employment fraud. C.phishing. D.vishing.

Q: Fact Pattern 6-1 Minka uses her computer to secretly install software on hundreds of personal computers without their owners' knowledge. Refer to Fact Pattern 6-1. Minka's software is harmful to the computers on which she installed it. This program is A.malware. B.badware. C.harmware. D.infectware.

Q: Fact Pattern 6-1 Minka uses her computer to secretly install software on hundreds of personal computers without their owners' knowledge. Refer to Fact Pattern 6-1. Minka's secretly installed software allows her to forward transmissions from her unauthorized network to even more systems. This network is A.a hacker. B.a bot. C.a botnet. D.a worm.

Q: Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Oswald promptly sells to Moe. This is A.no crime. B.employment fraud. C.phishing. D.vishing.

Q: Jean sends e-mail to Irwin promising a percentage of the amount in an African bank account for assistance in transferring the funds to a U.S. bank account. Irwin forwards his account number, but the funds are never sent. Instead, Jean quickly withdraws the funds in Irwin's account. This is A.online greed but not fraud. B.an online "fool-me-once, shame on you" occurrence but not fraud. C.online gambling but not fraud. D.online fraud.

Q: Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is A.an arraignment. B.an indictment. C.an information. D.an inquisition.

Q: Britney, an employee of Computer Associates, is arrested at work. A grand jury issues a formal charge against Britney for larceny. This charge is A.an arraignment. B.an indictment. C.an information. D.an inquisition.

Q: Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to A.a trial by jury. B.punishment. C.question witnesses. D.remain silent.

Q: Jeri is indicted. Before she is arrested, she confesses to the crime in a conversation with Kelly, the arresting officer. Kelly then arrests Jeri and advises her of the right to counsel. Later, Jeri claims that her statement should be excluded as evidence from her trial. The statement will most likely be A.admitted because Jeri knew she did the crime and confessed. B.admitted because Jeri made it before being advised of her rights. C.excluded because a confession is not admissible in a criminal trial. D.excluded because it was elicited before Jeri was advised of her rights.

Q: Alan, the president of Bayside Investments, Inc., and Colin, Bayside's accountant, are charged with a crime, after the police search Bayside's offices. Under the exclusionary rule A.certain Bayside records are excluded from subpoena. B.certain parties to a criminal action may be excluded from a trial. C.illegally obtained evidence must be excluded from a trial. D.persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.

Q: Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and A.can be prosecuted only for a crime about which she agreed to testify. B.cannot be prosecuted for any crime. C.cannot refuse to testify on Fifth Amendment grounds. D.can refuse to testify on Fifth Amendment grounds.

Q: Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defense A.Mary must not have been predisposed to commit the crime. B.Nick must have pressured Mary into committing the crime. C.Nick must have suggested that the crime be committed. D.all of the choices.

Q: Yvon is charged with the crime of theft for taking Zach's briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense A.if the fact was not reasonably made known to the public. B.if the mistake negates the mental state necessary to commit a crime. C.if the perpetrator was intoxicated. D.under any circumstances.

Q: Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft, Ray can successfully claim as a defense A.insanity. B.duress. C.entrapment. D.self-defense.

Q: Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense A.insanity. B.duress. C.entrapment. D.self-defense.

Q: Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by A.a fine only. B.imprisonment up to one year. C.imprisonment up to six months. D.imprisonment up to ten days.

Q: Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for A.any period of time. B.more than one year. C.more than six months. D.more than ten days.

Q: Rick manages an illegal gambling operation in his Sushi Bar & Grill. Rick reports the profits of the gambling operation as income from Sushi's legitimate activities on its tax returns. This is A.embezzlement. B.larceny. C.money laundering. D.no crime.

Q: Taylor digitally copies business software without the authorization of the owners and sells the copies to others via the Internet. Under federal law, this is A.a crime only if the copies are not the same as, or close to, the original. B.a crime only if Taylor and the buyers are in different jurisdictions. C.not a crime. D.a crime.

Q: Donney takes the trade secrets of Effervescent Soda Company without Effervescent's consent. Donney gives the secrets to Fruity Drinks Corporation, an Effervescent competitor, without compensation. Fruity knows that the secrets were acquired without Effervescent's consent. Under federal law, Fruity has committed A.a crime only if Fruity uses the secrets. B.a crime only if Effervescent later discovers the theft. C.not a crime. D.a crime.

Q: Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomic's competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is A.an effective marketing strategy. B.commercial bribery. C.creative legal bookkeeping. D.money laundering.

Q: Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when A.Mona decided to offer the bribe. B.Mona offered the bribe. C.Ned accepted the bribe. D.Ned overlooked the violations.

Q: In relation to Edie's solicitation of investors in a nonexistent business, she is charged with "mail fraud." This requires, among other things, A.claiming that an item is "in the mail" when it is not. B.deceiving postal authorities as to the content of an item of mail. C.depositing items in the postal system without proper postage. D.mailing or causing someone else to mail a writing.

Q: Riley, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is A.embezzlement. B.larceny. C.money laundering. D.no crime.

Q: Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires A.fraudulently appropriating another's property. B.obtaining lawful possession of property. C.physically taking property from its owner. D.the use of force or fear.

Q: Jake is charged with embezzlement. Embezzlement is not robbery because embezzlement may be committed without A.a criminal act. B.a criminal intent. C.taking property from its owner. D.the use of force or fear.

Q: Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed A.burglary. B.forgery. C.larceny. D.no crime.

Q: On the orders of their corporate employer, Della and Efron, employees of Fabulous Fashionista, a clothing store, switch trademarks on clothing that comes into the store to be sold to consumers. This is A.forgery. B.larceny. C.obtaining goods by false pretenses. D.no crime.

Q: Leah gains access to government records and alters certain dates and amounts in her favor. This is A.embezzlement. B.forgery. C.larceny. D.no crime.

Q: Ira signs Jill's name, without her authorization, on the back of a check made out to her. This is A.burglary. B.forgery. C.larceny. D.no crime.

Q: Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know A.Milo. B.Nadine. C.that the marimba is stolen. D.what a marimba is.

Q: Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is A.burglary. B.forgery. C.larceny. D.no crime.

Q: Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is A.a preponderance of the evidence. B.beyond all doubt. C.beyond a reasonable doubt. D.clear and convincing evidence.

Q: Computer fraud is a state, not a federal, crime.

Q: Jurisdiction can be a key issue in a case involving a cyber crime.

Q: Hackers sometimes rent their "crimeware" as a service.

Q: A business takes a risk by electronically storing its customers' credit account numbers.

Q: Phishing occurs when a criminal poses as a member of the rock group Phish.

Q: Identity theft occurs when a wrongdoer steals another's form of identification.

Q: A federal judge must adhere strictly to federal sentencing guidelines.