VIEWS: 21 PAGES: 8 POSTED ON: 3/22/2011
Questions 1–40: Select the one best answer to each question. 1. Marney sued Chuck for sexual harassment. The jury awarded Marney $1 million. If Chuck thinks the award is unfair, he may file A. for relief in the trial court. B. an appeal in the appropriate appellate court. C. an appeal in the United States Supreme Court. D. an appeal with an administrative agency. 2. In which of the following scenarios could a federal court exercise jurisdiction over the case? A. Joe, a citizen of Texas, files suit against Deb, also a citizen of Texas, for unspecified damages resulting from his wrongful termination, based upon state law. B. Alice, a citizen of Missouri, files suit against Bob, a citizen of California, for damages of $10,000 resulting from a car accident. C. Kellen, a citizen of Georgia, files suit against Justin, also a citizen of Georgia, for damages of $80,000 resulting from a car accident. D. Jamal, a citizen of New York, files suit against Hillary, a citizen of Pennsylvania, for damages of $80,000 resulting from Jamal’s wrongful termination, based upon state law. 3. Which of the following serves as the most significant source of law in the American legal system? A. Federal statutes C. The United States Constitution B. Administrative regulations D. Case law 4. Jane notices the that the sole clerk in a convenience store has left the building to take a cigarette break. Jane decides against taking a candy bar from the store because she has always believed that stealing is wrong. Jane’s decision would be classified as A. duty-based ethics. C. utilitarianism. B. outcome-based ethics. D. cost-benefit analysis. 5. Which of the following disputes would be considered a good candidate for online dispute resoluton? A. Britney Spears discovers, to her dismay, that Jose previously registered for the domain name Britney.com. B. Monica purchases a shirt from Eddie’s, a store in a local mall, which also has a Web site called Eddies.com. The shirt unravels after one wash, and the store refuses to refund Monica’s money. C. Ricky Marks agrees to endorse a new product, Handsome Hunk aftershave, on television and radio ads. Marks discovers, to his disbelief, that the aftershave smells like oranges, which he detests. Marks refuses to endorse the product. D. Sally agrees to accept a freelance writing assignment for Harry Publishing. According to the agreement, Sally is to submit all of her work through e-mail. However, Sally thinks e-mail is overrated and refuses to submit her work by any means other than conventional mail. 6. Hillary sues Mona for damages for what Hillary alleges was her wrongful termination. As what type of law would Hillary’s suit against Mona be classified? A. National law C. Criminal law B. International law D. Civil law 7. Which of the following is a true statement about bribery of foreign officials? A. If the purpose of payment is to get the official to act in his or her official capacity to provide a business opportunity, bribery of foreign government officials is prohibited. B. Bribery of minor officials is prohibited, even if the payments would hasten an administrative process. C. Even if bribery of minor officials in the United States is lawful within a foreign country, it is illegal for U.S. companies to participate in the corrupt process. D. Officers or directors who violate the Foreign Corrupt Practices Act may be fined up to $200 million and imprisoned for up to twenty years. The company, though, may pay the fine for the officer or director. 8. ABC Corp. develops a soda named Caroline Cola. The sodas are to be canned with labels that feature a picture of a famous actress, Carol Burnett. State authorities refused to grant ABC Corp. the authority it needed to market the sodas. This issue should focus primarily on which amendment to the United States Constitution? A. Fifth Amendment C. Seventh Amendment B. First Amendment D. Ninth Amendment 9. In which of the following types of cases would courts make decisions based on a “reasonable consumer” standard? A. Price gouging C. Deceptive advertising B. Product liability D. Employment discrimination 10. McDougal’s Restaurant possesses trademark rights to its name, McDougal’s. Larry registered the Internet domain name, McDougals.com, to sell his 100% nonbeef food products. McDougal’s wants Larry to stop using its name, but doesn’t want a lengthy court battle. McDougal’s may A. submit a complaint to an ICANN-approved dispute-resolution provider. B. file an appeal with the appropriate appellate court. C. file for relief with the United States Supreme Court. D. contact the district attorney. 11. Which of the following illustrates an issue that could be settled by online dispute resolution? A. A product liability suit against an automobile manufacturer B. A lawsuit for sexual harassment filed against an Internet company and one of its executives C. A suit against Walport Discount Stores (which also owns an Internet site called walport.com) regarding a product purchased at a store located in New Jersey D. A trademark infringement case based upon a dispute regarding a domain name Dispute 12. Which of the following situations presents a case over which a federal court may exercise federal jurisdiction? A. A suit filed by Ally against the city of Boston alleging that a city ordinance restricts her constitutional right to free speech B. A suit by Joe, a citizen of Tennessee, against Bill, a citizen of New York, seeking damages of $60,000 for intentional infliction of emotional distress C. A suit filed by Nicole, a citizen of California, against Bob, also a citizen of California, for alimony and child support D. A suit filed by Company A, a Delaware corporation, against Company B, a South Dakota corporation, alleging that Company B wrongfully interfered with Company A’s contract with one of its employees 13. Sara isn’t pleased with the quality of a computer she purchased from Byte Computers over the Internet. Byte Computers refuses to refund Sara’s money. If the parties agree to online dispute resolution, the online forum will probably apply A. the law of the state where Sara lives. B. universal legal principles. C. proposed Internet law. D. the law of the state in which Byte is incorporated. 14. Company A just finished investing millions of dollars in a new product, which should make the company lots of money. Shortly before the product arrives in stores, the company discovers the product may not meet federal guidelines regarding the amount of testing required for the product. Which of the following questions might the product fail? A. Is the action profitable? C. Is the action ethical? B. Is the action legal? D. Is the action reasonable? 15. The only way Company A can afford to develop a drug that will cure cancer is to test the drug on a small group of individuals who have cancer. A small risk exists that the experimental drug could actually worsen the cancer in the individuals taking the drug. The company determines that because society as a whole will reap the benefits, it should test the drug on the individuals. Of course, the company explains the risks to the tested individuals. The rationalization engaged in by the company would best be described as A. duty-based ethics. C. the principle of rights. B. the Kantian philosophy. D. outcome-based ethics. 16. In which of the following disputes might state law compel arbitration? A. A school district teachers’ strike B. A loss of cargo at sea C. An interstate truckers’ strike D. An online commerce dispute. 17. Company A owns 1,000 acres of timberland in California. The United States government contacts Company A and informs the company the government needs the timber owned by Company A to build shelters for the homeless. The government informs the company it will be paid $100 for the timber on the land it owns. Which of the following constitutional amendments has the government likely violated? A. Seventh Amendment C. Ninth Amendment B. Fifth Amendment D. First Amendment 18. Shannon wants to sue Spelling Industries for her alleged wrongful termination. Shannon should file A. suit in the appropriate trial court. B. an appeal in the appropriate appellate court. C. suit in the United States Supreme Court. D. suit in the United States Court of Appeals. 19. Marc and Ricky have been involved in an ongoing argument, in which Marc alleges that Ricky stole a song written by Marc, and that Ricky made millions after recording the song. Marc threatens to file suit. However, after he and Ricky meet on several occasions, Ricky agrees to pay Marc $500,000 and to show Marc some of his famous dance moves if Marc agrees not to file suit. Marc eagerly agrees. Marc and Ricky resolved their dispute through A. mediation. C. negotiation. B. binding arbitration. D. nonbinding arbitration. 20. Which of the following disputes could be properly resolved by online dispute resolution? A. A dispute regarding the quality of a computer purchased over the Internet B. A dispute regarding the quality of an electric razor purchased from a Walport store located in Jacksonville, Florida C. A dispute between Company A and Company B, Internet companies, where Company A claims Company B stole its program that increases Internet access speed for home computer users D. Susie files suit against Old Town Clothes due to allegedly defective lowrider jeans. Susie purchased her lowrider jeans at an Old Town Clothes store located in Orlando, Florida. However, the same jeans are available on the Web site OldTownClothes.com. 21. In which of the following situations might an individual or corporation be held strictly liable for any resulting injury? A. A customer slips and falls at a local grocery store because an employee failed to mop up some spilled milk. B. Company A transports explosives. During one transport, the truck carrying the explosives hits another car, and several passengers in the other vehicle suffer injuries. C. Company B breeds Toy Poodles. One of the poodles wanders over to Ms. Cleaver’s house and relieves himself in her perfectly manicured lawn, destroying her prize roses. D. Ed delivers pizzas for Pa’s Pizza Delivery. One evening, Ed is in a particularly bad mood and decides he can’t take one more cheap person not giving him a tip. Charles fails to give Ed his tip. Overcome with rage, Ed attacks Charles, breaking his nose. 22. Paula went out for a night on the town with her boyfriend, Rick. While they were dancing, Rick decided it would be fun to rob the disco as a prank. Rick ordered Paula to go up to the bartender, pretend she had a gun, and demand all of the money from the cash register. Paula declined. Angered by her defiance, Rick told Paula if she didn’t do as he said, he would kill Paula’s beloved Fluffy, a loving feline who went everywhere with the couple. Paula looked into Fluffy’s adorable face and decided she had no choice. She did as Rick demanded. If criminal charges are filed against Paula, which of the following defenses has the best chance of being successful? A. Entrapment C. Duress B. Mistake D. Justifiable use of force 23. Company X and Company Y make the same product, grape soda. The two companies are engaged in constant competition with one another for customers. Company X hires Ted, an up-and-coming young executive. When Ted accepts the job with Company X, he signs an employment contract in which he agrees that if he leaves his employment with Company X, he won’t disclose the ingredients to Company X’s grape soda to anyone. Company Y knows that Ted is under contract with Company X, but thinks he would be a great addition to their team. Company Y offers Ted a huge signing bonus and a raise if he leaves Company X and brings Company Y a list of the ingredients to Company X’s grape soda. Ted struggles with the decision, but decides it’s an offer he can’t refuse and accepts Company Y’s proposition. Which of the following business torts has Company Y most likely committed? A. Wrongful interference with a contractual relationship B. Wrongful interference with a business relationship C. Appropriation D. Slander of title 24. Which of the following is a crime that generally affects business? A. Wrongful interference with a business relationship B. Kidnapping C. Arson D. Wrongful interference with a contractual relationship 25. Dawson, a television star, is known for his vibrant personality and undying love for his nextdoor neighbor, Kris. Pacey, Dawson’s former friend, runs a company that manufactures and sells cologne. Pacey develops a new brand of cologne, Dawson’s, hoping to capitalize on Dawson’s famous name. To ensure that Dawson’s fans buy Dawson’s cologne, Pacey puts a picture of Dawson on the bottle. Dawson never gave Pacey permission to use his name or likeness, and is furious. Which of the following torts has Pacey most likely committed? A. Wrongful interference with a business relationship B. Wrongful interference with a contractual relationship C. Trademark infringement D. Appropriation 26. Which of the following sentences states a key distinction between criminal law and tort law? A. Criminal cases are prosecuted by the state, while torts are filed by individuals or companies. B. Criminal cases have different statutes of limitations than tort cases. C. Criminal cases never require wrongdoers to pay money for their crimes. D. Criminal cases require intent, while tort cases don’t require intent. 27. The owner of McBeath Fast Food is infuriated because a new restaurant has opened across town named McPeath Fast Food. McPeath’s building looks identical to McBeath’s building. Further, McPeath even uses the same lettering style and color for its logo. McPeath’s actions may violate which of the following laws? A. The Copyright Act of 1976 B. Economic Espionage Act C. The Federal Trademark Dilution Act D. United States patent law 28. Mary Kate is sick and tired of Ashley. She imagines hiring someone to kidnap Ashley so she won’t have to see her smiling face every single day. In her mind, Mary Kate goes so far as to devise a specific set of circumstances for the kidnapping. However, Mary Kate never actually contacts anyone to carry out the plot. In fact, Mary Kate never does anything but think about having Ashley kidnapped. This scenario fails to constitute a crime, because she A. didn’t perform any act, which is an essential element of criminal liability. B. lacked the specified state of mind or intent, which is an essential element of criminal liability. C. can’t be criminally liable for her thoughts. D. didn’t actually seek to have Ashley kidnapped. 29. Brewster has had it with his next-door neighbor, Steve. Steve constantly comes over to Brewster’s house and takes Brewster’s tools without permission. Brewster decides he’s had enough of this rude behavior. Brewster hides in the bushes and waits for Steve’s next visit. As Steve begins to enter Brewster’s garage, Brewster jumps out of the bushes before Steve can see him and gives Steve a sound thrashing. Brewster may be held liable for A. assault. B. battery. C. intentional infliction of emotional distress. D. defamation. 30. Chuck entered an employment contract with Lucy in which he agreed to sell footballs for her door-to-door. Lucy guaranteed that the contract was valid by having an attorney write up a contract for Chuck to sign. The contract requires that Chuck sell for only Lucy’s company during the contract period. Patty asks Chuck if he’s interested in selling baseballs for her new company. Patty knows Chuck is under contract with Lucy, but figures he has time to sell for both companies. Patty is probably not liable for wrongful interference with a contractual relationship because A. a valid, enforceable contract must exist between two parties. B. a third party must know that a contract exists. C. a third party must intentionally cause one of two parties to breach the contract. D. baseballs and footballs are entirely different products. 31. Sam went to E-Z Shop to pick up some groceries. Sam was in a bit of a hurry, and began walking swiftly down the aisles of the store. Sam forgot about a nagging knee injury that often reemerged when he moved too quickly. Sure enough, as Sam was briskly walking down aisle 9, where a store employee had neglected to clean up a spill, Sam’s trick knee went out and he fell to the floor, just before he reached the spill. If E-Z Shop avoids liability in this case, it will probably be because A. the store didn’t owe a duty to Sam. B. the store didn’t breach any duty it owed to Sam. C. Sam didn’t suffer any legally recognizable injury. D. the store’s breach of duty didn’t cause Sam’s injury. 32. Which of the following statements is true? A. Criminal offenses deal with the duties that individuals owe one another. B. Criminal offenses must be proven by a preponderance of the evidence. C. Criminal offenses are wrongs against society as a whole. D. Criminal offenses deal with the infringement by one individual of the legal rights of other individual. 33. Grover viciously attacked Ralph with a club. Ralph suffered multiple physical injuries, and his glasses were broken as well. Grover could be held responsible for A. assault and battery, both in a criminal and civil context. B. assault and battery, in only a civil context. C. assault and battery, in only a criminal context. D. infliction of physical trauma. 34. John works at Photo-Heaven, where he develops pictures. John repeatedly informs his supervisor that his chair desperately needs repair. One day, the chair John is sitting in at work suddenly breaks, and John falls to the floor. John goes to the hospital, where the doctor on call tells him he’s apparently uninjured. If John files suit against Photo-Heaven for negligence, he’ll likely lose because A. he assumed the risk because he knew the chair was broken. B. he didn’t suffer a legally recognizable injury. C. Photo-Heaven’s negligence didn’t cause John’s injury. D. Photo-Heaven didn’t owe John a duty. 35. Scott spends years authoring a novel called The Great Fatsby. Scott is enraged when he discovers that his former friend, Ernest, has reproduced The Great Fatsby word for word under the name For Him the Bell Tolls. Ernest is likely liable for A. patent infringement. C. trademark dilution. B. trademark infringement. D. copyright infringement. 36. If you or your compay is a victim of defamation online, your most effective current legal recourse is to sue A. the ISP. C. the Web site(s) where it occured. B. the software provider. D. John Doe. 37. Criminal offenses are different from other types of wrongful conduct because A. wrongful conduct that results in civil liability deals with wrongs committed against society as a whole. B. criminal liability must be proven beyond a reasonable doubt, while civil liability requires only proof by a preponderance of the evidence. C. the person who suffered harm brings suit in a criminal case, while the state manages suits in civil cases. D. in civil cases, parties found liable may be fined or imprisoned. 38. Joe registered for the domain name waffles.com because he knew that the world-renowned restaurant, Waffles, would want to use the same domain name.Waffles could protect its interests in its trademarked name by A. filing suit under the Anticybersquatting Consumer Protection Act. B. filing suit under the Digital Millennium Copyright Act of 1998. C. filing suit for trademark dilution. D. seeking an online patent. 39. Scud hides and waits in the bushes for Peter to walk by him. When Peter approaches, Scud jumps out and acts as if he’s going to strike him with a baseball bat. Scud only means to scare Peter. Peter falls to the ground and breaks his arm. Peter may have a cause of action against Scud for A. battery. C. emotional distress. B. assault. D. trespass and intimidation. 40. Nicole mistakenly took Ted’s umbrella when she was leaving a trendy nightclub. Ted’s umbrella looked just like hers, and Nicole didn’t even realize her mistake until Ted filed suit against her. Nicole still has the umbrella. Ted most likely filed suit against Nicole for A. conversion. B. trespass to personal property. C. invasion of the right to privacy. D. intentional infliction of emotional distress.
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