Question 1

Kelly is injured when she slips and falls on Layla\'s sidewalk. To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of

Accepted Answer

a reasonable person.

Question 2

Good intention is a complete defense to conversion.

Accepted Answer

False

Question 3

Welding Systems, Inc. (WSI), makes welding torches, masks, and related products. A WSI product may be unreasonably dangerous due to

Accepted Answer

a defect in its design.

Question 4

An assumption of risk defense does not require that a risk be voluntarily assumed.

Accepted Answer

False

Question 5

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

Accepted Answer

True

Question 6

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks

Accepted Answer

normally associated with the Triathlon.

Question 7

Dian, a clerk at an Apple store, takes a Macbook from the store without permission. Dian is liable for

Accepted Answer

conversion.

Question 8

A failure to return personal property is conversion even if the rightful owner consented to the initial taking.

Accepted Answer

True

Question 9

E-Shopping Corporation inserts Fiesta Mall, Inc.\'s trademark as a meta tag in E-Shopping\'s Web site\'s key-words field without Fiesta\'s permission in a manner that suggests Fiesta authorized the use. This is

Accepted Answer

trademark infringement.

Question 10

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

Accepted Answer

True

Question 11

Diamond Financial Planners employs Ella, who is the firm\'s most productive performer. Ella, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. She takes her list of Diamond clients to induce them to switch to Feldstar. Trade secrets law covers

Accepted Answer

Diamond\'s list of clients.

Question 12

It is possible to copyright an idea.

Accepted Answer

False

Question 13

A marketing technique can be a trade secret.

Accepted Answer

True

Question 14

Ellen publishes a book titled First Place, which includes a chapter from Frank\'s copyrighted book Great Racecar Drivers. Ellen\'s use of the chapter is actionable provided

Accepted Answer

Ellen does not have Frank\'s permission.

Question 15

Downloading software or music into a computer\'s random access memory without authorization is copyright infringement.

Accepted Answer

True

Question 16

Patent infringement occurs only if an invention is copied in its entirety.

Accepted Answer

False

Question 17

Lovett County Bank offers to lend money to Kino, the owner of Java Stop, at 15 percent interest. Before Kino accepts, a state statute is enacted prohibiting loans at rates greater than 12 percent. Kino and the bank have

Accepted Answer

no contract.

Question 18

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

Accepted Answer

False

Question 19

Under a contract with Bucolic Farms, Agro Excavation, Inc., begins digging an agricultural pond. In mid-project, Agro asks for $15,000 over the contract price, claiming an increase in the \"cost of doing business.\" Bucolic agrees but later refuses to pay. Their agreement is

Accepted Answer

unenforceable because Agro\'s performance was a preexisting duty.

Question 20

Business Properties, Inc. (BPI), offers to sell a warehouse to Corporate Investments. Transport Storage Company is aware of the offer and is interested in buying the warehouse. This offer can be accepted by

Accepted Answer

only Corporate Investments.

Question 21

An invitation to negotiate-\"can you afford this?\"-is an offer.

Accepted Answer

False

Question 22

Juana contracts to sell Ignacio her MP3 player for $30. This contract will be fully discharged when Juana and Ignacio

Accepted Answer

exchange the player for the $30.

Question 23

3D FX, LLC, and Vivid Star CG, Inc., are parties to a contract. They subsequently agree that Pixelated Inc. should take 3D\'s place and assume all of its rights and duties under the contract. This is

Accepted Answer

a novation.

Question 24

When anticipatory repudiation occurs, the nonbreaching party is permitted to bring an action for damages immediately.

Accepted Answer

True

Question 25

Performance can be accomplished by tender.

Accepted Answer

True

Question 26

The duty owed under the mitigation of damages doctrine depends on the nature of the contract.

Accepted Answer

True

Question 27

Under the Fourth Amendment, a general search warrant and a general search through a person\'s belongings are permitted.

Accepted Answer

False

Question 28

Divestiture of a business interest is a possible penalty under RICO.

Accepted Answer

True

Question 29

Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defense

Accepted Answer

all of the choices. ( Nick must have pressured Mary into committing the crime, Nick must have suggested that the crime be committed, and Mary must not have been predisposed to commit the crime.)

Question 30

Stealing television cable service is not a crime.

Accepted Answer

False

Question 31

Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics\' competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is

Accepted Answer

commercial bribery.

Question 32

The intent to return the embezzled property is a defense to the crime of embezzlement.

Accepted Answer

False

Question 33

Under the exclusionary rule, all illegally obtained evidence must be excluded from any related criminal prosecution.

Accepted Answer

True

Question 34

It is not a crime to defraud the public through the use of ads on television.

Accepted Answer

False

Question 35

Bette backs out of City Parking Garage, colliding with Dill\'s car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

Accepted Answer

a reasonable person.

Question 36

A manufacturer\'s duty of care does not extend to the inspection and testing of products bought to incorporate in the final product.

Accepted Answer

False

Question 37

Under the doctrine of strict liability, liability is imposed strictly according to fault.

Accepted Answer

False

Question 38

Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to

Accepted Answer

only those whose injuries could have been reasonably foreseen.

Question 39

Publishing false information about another\'s product is conversion.

Accepted Answer

False

Question 40

Ernie\'s Good Eatin\' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant\'s image and overall appearance is

Accepted Answer

trade dress.

Question 41

Ric designs a new computer hard drive, which he names \"Sci Phi.\" He also writes the operating manual to be included with each final product. Ric could obtain patent protection for

Accepted Answer

the hard drive.

Question 42

Because the Internet is vast, the unauthorized use of another\'s mark in a domain name is generally permissible.

Accepted Answer

False

Question 43

Sights Unseen, Inc., (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Corporation later begins to sell scopes with identical set-ups of lenses and mirrors, without SUI\'s permission, to consumers. This is most likely

Accepted Answer

patent infringement.

Question 44

Trade dress has the same legal protection as trademarks.

Accepted Answer

True

Question 45

Mace copies Nick\'s book, Off the Beaten Path, in its entirety and sells it to Parkland Books, Inc., without Nick\'s permission. Parkland publishes it under Mace\'s name. This is

Accepted Answer

copyright infringement.

Question 46

An offer must be practical to be effective.

Accepted Answer

False

Question 47

Rollo promises to perform, for a price, shoe repair services in affiliation with Togs \'n Things, a clothing store. To support a contract, the consideration exchanged by the parties must be

Accepted Answer

legally sufficient.

Question 48

An e-contract must meet the same basic requirements as a paper contract.

Accepted Answer

True

Question 49

Legally, a minor may not contract with an adult.

Accepted Answer

False

Question 50

A contract to do something that is prohibited by law is void.

Accepted Answer

True

Question 51

The most common way to discharge one\'s contractual duties is by novation.

Accepted Answer

False

Question 52

On April 1, KO Contractors, Inc., contracts to build a store for Lo-Cost Housewares at a specific location in Metro City. On May 1, Metro changes its zoning law to prohibit the construction of a commercial building at that location. Lo-Cost files a suit against KO. In this situation

Accepted Answer

the contract is discharged.

Question 53

SealCoat Paving enters into a contract with Royal Golf & Tennis Club to provide surface material for Royal\'s tennis courts by April 1 for a tournament to begin May 1. The contract specifies an amount to be paid if the contract is breached. This is a liquidated damages clause if the amount is

Accepted Answer

a reasonable estimate of the loss on a breach.

Question 54

An innocent party is discharged when the other party has materially altered a written contract without consent.

Accepted Answer

True

Question 55

Rescission advances the contracting parties to the position they would have been in if the contract had been fully performed.

Accepted Answer

False

Question 56

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

Accepted Answer

Mona offered the bribe.

Question 57

The only defense to criminal liability that justifies the use of force is self-defense.

Accepted Answer

False

Question 58

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

Accepted Answer

True

Question 59

Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires

Accepted Answer

fraudulently appropriating another\'s property.

Question 60

Cyber fraud is fraud committed over the Internet.

Accepted Answer

True

Question 61

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

Accepted Answer

remain silent.

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