LAW 421 Final Exam

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LAW 421 FINAL EXAM
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•  
• When a buyer rejects nonconforming goods and
  purchases the appropriate goods from a different
  seller, this is an example of which of the
  following
• Specific Performance
• Revoking Acceptance
• Lawsuit for Money Damages
• Cover
• 2.Which of the following would be considered
  intangible property?
• Hydrocarbons
• Pharmaceuticals
• A right of ownership or possession
• An apartment

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• 3.Upon her return home from work, Maria
  discovered that her lawn has been mowed and
  trimmed. An hour later, a male stranger comes to
  her door for payment for the lawn work. Maria
  refuses any payment because she had not hired him
  to do the work. In these circumstances
• Maria would not have to pay anything.
• the man could sue Maria for unjust enrichment.
• Maria would have to pay whatever a court finds to
  be "fair."
• the man could sue Maria for breach of an implied,
  unilateral contract.
• 4.The power of preemption is derived from
• the Supremacy Clause.
• the power of judicial review.
• the Commerce Clause.
• the Necessary and Proper Clause.

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• 5.Two merchant companies have entered into a
  contract for the sale of goods. They have had no
  prior dealings among themselves that may
  establish a course of conduct. The UCC will
  provide "gap fillers" to supply missing terms
  unless
• they have failed to specify the price of the
  goods to be delivered.
• they have failed to specify the quality or grade
  of the goods to be delivered.
• they have failed to specify when payment for the
  goods is to be made.
• they have failed to specify where delivery of the
  goods is to be made.
• 6."What if everyone took these same actions?" is
  a question sometimes called the
• morality approach.
• utilitarian approach.
• functionality approach.
• universalization approach.

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• 7.Jurisprudence is defined as
• the science and philosophy of law
• the duties and obligations owed by a citizen
• the enactment of laws by a government body
• adjudication of law suits
• 8.Which of the following ADR methods results in a
  decision rendered by the hearing officer?
• Mediation
• Negotiation
• Third-party evaluation
• Arbitration

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• 9.The principle challenge faced by international
  courts include
• obtaining universal recognition and participation
  in its processes by the U.N. and W.T.O.
• articulating universally applicable rules of law
  that reflect multiple legal systems faithfully.
• enforcing it's judgments on sovereign nations.
• finding judges skilled in international law.
• 10.The following is required for disclaiming a
  warranty
• Common law authority
• Conspicuous language in the sales contract itself
• Writing, posted in a public space and
  incorporated by reference in the contract
• The word "merchantability" need not be included,
  if a warranty of merchantability is to be
  disclaimed

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• 11.The term cybersquatting means
• use of mechanical devices(s) or malicious
  software to deny service to a company's website.
• hacking into a company's website to insert a
  virus (or Trojan horse) designed to steal
  information as the site continues in operation.
• hacking into a company's website to install a
  virus designed to cause the company's website to
  operate extremely slowly.
• registering multiple domain names using names
  from famous trademarks with an intent to sell
  them to the companies owning the famous marks at
  inflated prices.
• 12.The UCC will permit an incomplete or slightly
  ambiguous contract to be enforced using which of
  the following criteria?
• Past commercial conduct
• Correspondence or oral exchanges between the
  competing parties
• Insertion of any terms judicially determined to
  be necessary to establish fairness
• Projected industry standards or norms

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• 13.Ben is the manager of a branch of a large
  bank. He has regularly taken money from
  customer's accounts for his own use and falsified
  the bank's records to "cover" his actions. Ben is
  guilty of
• engaging in a Ponzi scheme.
• racketeering.
• conspiracy.
• embezzlement.
• 14.When an offer can only be accepted by
  performance of the person to whom it is made, the
  form of contract involved is
• unilateral contract.
• bilateral contract.
• quasi contract.
• implied contract.

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• 15.The utilitarian approach to moral philosophy
  was founded by whom?
• Immanuel Kant
• Cicero
• Kenneth Lay
• Jeremy Bentham
• 16.With regard to the legal element of
  consideration in a sales contract, the UCC
  differs from the common law in that
• consideration is not required in sales contracts.
• consideration in a sales contract may be modified
  provided that adequate additional consideration
  is given for that modification.
• the consideration exchanged must be judicially
  determined to be adequate.
• consideration in a sales contract may be modified
  without additional consideration under certain
  circumstances.

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• 17.Joan is the CFO of Para Corp. and is a year
  from retirement. In order to guarantee herself a
  substantial bonus and to boost her retirement
  benefits, she prepares and intentionally
  certifies as "true and correct" false financial
  reports. She further takes steps to assure that
  the financial report are not reviewed through the
  normal system of internal controls maintained by
  Para Corp. Under the provisions of the
  Sarbanes-Oxley Act (2002), if her fraud only
  involves her, what criminal penalties are
  possible for Joan?
• 2 million in fines and up to 12 years in prison
• 1 million in fines and up to 10 years in prison
• 5 million in fines and up to 15 years in prison
• 10 million in fines and up to 20 years in prison
• 18.The distinctive color(s) or shape of an item
  is an example of
• patent.
• trade dress.
• trademark.
• copyright.

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• 19.Under the U.S. legal system, subject to some
  exceptions, fees and certain costs of litigation
• are entirely paid by the prevailing party or
  parties, as the court may determine.
• are entirely paid by the losing party or parties,
  as the court may determine.
• are paid by each side paying its own legal fees
  and costs.
• are aggregated by the court and allocated among
  the parties by the court based on its
  determination of "fairness."
• 20.Which of the following is rarely awarded in
  contracts cases?
• Liquidated damages
• Punitive damages
• Compensatory damages
• Consequential damages

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• 21.Which of the following is a defense to a claim
  of breach of contract?
• Insufficient operating capital
• Accord and Satisfaction
• The bonding company on the Performance Bond
  denied the claim
• Insurance coverage is sufficient to cover all
  contingencies
• 22.The three stripes on Adidas clothing
  represents a
• trade dress.
• trademark.
• patent.
• trade secret.

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• 23.Which of the following is classified as an
  equitable remedy?
• Consequential damages
• Liquidated damages
• Reformation
• Restitution
• 24.Harry sees a semi-automatic rifle that he
  likes in a gun shops window. The price asked for
  it is 2,500. Harry signs a written contract
  promising to pay the 2,500 on Friday, taking
  possession of the rifle when payment is made. On
  Thursday, a law becomes effective making the
  ownership, sale, or possession of such a
  semi-automatic rifle illegal. The contract
  between Harry and the shop
• automatically terminates due to impracticability.
• is enforceable and not affected by the new law
  because it was entered into before the law took
  effect.
• automatically terminates due to impossibility.
• automatically terminates due to frustration of
  purpose.

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• 25.The Digital Millennium Copyright Act (1998)
  provides
• that manufacturers of CD-Writers were required to
  pay 2 of their sales into a fund to be
  distributed to copyright holders because the
  CD-Writers could easily copy music and other
  copyrighted works.
• for removal of restrictions on analog recorders
  and camcorders lacking antipiracy features.
• those who sell or manufacture vulnerable software
  products or services will be subject to civil and
  criminal penalties.
• that ISPs are not liable for copyright
  infringement by users of their service if the ISP
  lacks knowledge of the infringement.
• 26.Generally, torts law is governed by
• state common law.
• constitutional law.
• federal statutory law.
• state statutory law.

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• 27.The Sarbanes-Oxley Act (2002) imposed stricter
  regulations on how corporations do business in
  the following area(s)
• corporate governance.
• auditing.
• financial reporting.
• corporate tax inversions.
• 28.Stan is an investment manager. He has received
  money from various investors giving them a
  promise of very high returns. The invested money
  is not supplying enough return to enable payment
  of the rate promised, so Stan has started using
  new investors' money to pay older investors at
  the promised rates. By advertising and by word of
  mouth, people are anxious to invest with Stan
  because of the money being paid, and with the
  influx of new investors, he is able to continue
  operating. Stan is
• engaging in a conspiracy to defraud.
• racketeering.
• operating an insider trading operation.
• operating a Ponzi scheme.

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