LEG 100 WEEK 7 QUIZ

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LEG 100 Week 7 Quiz

1.     At its inception, the Communications Decency Act of 1996, created broad immunity for Internet service providers (ISPs) and websites.

2.     The Internet was started in the 1960s as a project to link military contractors and universities. The World Wide Web was created as a subnetwork of the Internet.

3.     Spam is illegal per se.

4.     The Electronic Communications Privacy Act of 1986 is a federal statute that regulates email.

5.     Which of the following types of property would be classified as "goods" under Article 2 of the UCC?

6.     The UCC is federal legislation enacted by Congress.

7.     Under the UCC statute of frauds, the writing for a sale of goods must

8.     Under the UCC, a merchant is frequently held to a higher standard of conduct than a non-merchant.

9.     Ambiguities in contracts are always interpreted in favor of the side that wrote the contract, since they are the ones who know what the provision is supposed to mean.

10.   When one party to a contract fails to perform as promised, it is called

11.   Some contracting parties are intentionally vague in contract terms.

12.   Any ambiguity in a contract is interpreted against the party who drafted the contract.

13.   To be valid, an agreement not to compete must be ancillary to a legitimate bargain.

14.   Contracts generally do not require bargaining that leads to an exchange between the parties.

15.   The Tavern's secret recipe for its pizza sauce would be considered

16.   Agreeing not to open a competing business could be consideration.

17.   Johann, a well-known musician, agrees to give ten guitar lessons to Elton for $2,000. Nothing in the contract itself prohibits a delegation. If Johann delegates his obligation to Eugene, a second-year musical student and enthusiastic guitar player, then the delegation will probably be

18.   Once a duty is delegated, it relieves the delegator of his or her own liability to perform the contract.

19.   Most types of duties may be delegated.

20.   A third party beneficiary's status occurs

LEG 100 WEEK 3 QUIZ

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LEG 100 Week 3 Quiz

1.     A misdemeanor is distinguished from a felony based upon

2.     When a judge orders a criminal defendant to reimburse the victim, it is called

3.     The Miranda warning insures that the criminal suspects understand their constitutional rights relating to

4.     The parties to a criminal trial are the government and the defendant.

5.     The Civil Rights Act of 1964, a federal statute, forbids discrimination on the basis of national origin in employment. The Equal Employment Opportunity Commission (EEOC) is the administrative agency that oversees the law. The EEOC issued Guidelines on Discrimination because of National Origin. According to one of the guidelines, the EEOC will presume a violation of the law if an employer sets a work requirement that employees must speak only English in the workplace. This is an interpretive rule because it interprets the Civil Rights Act.

6.     If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin, the bill becomes law.

7.     The majority of work done by legislative bodies is performed in committees.

8.     Judicial review is the power of the federal courts to declare a statute or governmental action unconstitutional and void.

9.     In reaching their verdicts, appellate courts conduct trials and rehear all evidence.

10.   In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.

11.   Jurisdiction can be described as

12.   According to your text, the biggest change in litigation in the last decade has been

13.   In order to determine if the case she was hearing broke the law, Judge Jane referred to prior rulings on the same subject. In other words, the judge is relying on precedent to make her decision.

14.   DoorWay Computers, Inc., the trademark owner of "DoorWay," sought a court injunction to prevent Handyman Hardware, Inc. from using the domain name, "DoorWay.com." A jury will decide whether DoorWay is entitled to this remedy.

15.   If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51% majority.

16.   The three branches of government in the United States are

17.   Utilitarian ethics holds that decisions should be made on the basis of practicality, and whatever action is most convenient should be favored.

18.   John Rawls' suggestion that society should reward behavior that provides the most benefit to the community as a whole is referred to as

19.   Which of the following statements best exemplifies how society as a whole benefits from ethical behavior?

20.   Deontologists would agree that the increasing medical concern over obesity in the United States justifies federal regulation of high fat, high sugar, low nutrition food advertising during children’s television programs.

LEG 100 QUIZ WEEK 11

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LEG 100 Quiz Week 11

1.     Lawyers often take the role of the incorporator, signing the charter and delivering it to the proper state officials.

2.     A business corporation can be incorporated under either state law or federal law.

3.     A director violates the corporate opportunity doctrine if he or she competes with the corporation, unless the disinterested directors approve of the director's actions.

4.     A proxy is a vote that is mailed in, like an absentee ballot.

5.     Which agency establishes rules for treating both hazardous and nonhazardous forms of solid waste?

6.     To date, the United States and China are the only two countries that adhere to the 1997 Kyoto Protocol.

7.     Chapter 7 bankruptcy petitions may only be filed voluntarily.

8.     In Chapter 11 bankruptcy only the debtor may propose plans of reorganization.

9.     Which of the following is a primary goal of the Bankruptcy Code?

10.   Generally, filing bankruptcy stops the collection activity of creditors.

11.   The "tipper" of inside information can be convicted of a crime, the "tippee" cannot.

12.   The Sherman Act was designed to prevent extreme concentrations of economic power.

13.   Companies with substantial assets must notify the FTC before undertaking a merger.

14.   The Clayton Act prohibits anti-competitive mergers.

15.   Corporations have a distinct advantage over other forms of business organization in the area of taxation.

16.   If partners wish to maintain having protection against personal liability, it is essential to comply with all the technicalities of a limited liability partnership statute.

17.   An organization that does not pay income tax on its profits but passes them through to its owners who pay the tax at their individual rates is called a

18.   The advantage to an S corporation is

19.   The two federal agencies charged with enforcing consumer laws are the Federal Trade Commission and the Federal Communications Commission.

20.   The Truth-in-Lending Act regulates interest rates and the terms of loans.

LEG 100 QUIZ WEEK 7

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LEG 100 Quiz Week 7

1.     Statements of fact about the past and present are called

2.     Ambiguities in contracts are always interpreted in favor of the side that wrote the contract, since they are the ones who know what the provision is supposed to mean.

3.     In the case of a typo, a court will reform a contract if there is clear and convincing evidence that the alleged mistake does not actually reflect the true intent of the parties.

4.     A contract's title need not be descriptive; the title "AGREEMENT" is sufficient.

5.     A spouse who is named the beneficiary of a life insurance policy would ordinarily be

6.     Assignment is prohibited when the obligor is agreeing to perform personal services.

7.     Most types of duties may be delegated.

8.     If Casey assigns her rights to receive income from rental property to Errol, then Errol will legally acquire any rights to the income held by Casey.

9.     What is spam?

10.   At its inception, the Communications Decency Act of 1996, created broad immunity for Internet service providers (ISPs) and websites.

11.   The federal government has preempted the field of online privacy, so states may not pass their own online privacy statutes.

12.   The Electronic Communications Privacy Act of 1986 is a federal statute that regulates email.

13.   To be valid, an agreement not to compete must be ancillary to a legitimate bargain.

14.   Contracts generally do not require bargaining that leads to an exchange between the parties.

15.   In a noncompete agreement, the term "ancillary" means that

16.   Agreeing not to open a competing business could be consideration.

17.   Which of the following types of property would be classified as "goods" under Article 2 of the UCC?

18.   If a seller includes an express warranty in the written sales contract, any disclaimer is invalid.

19.   Under the UCC statute of frauds, the writing for a sale of goods must

20.   UCC Section 2-204 provides three important rules that enable parties to make a contract quickly and informally. Which of the following is NOT one of these rules?

LEG 100 QUIZ 2

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LEG 100 Quiz 2

1.     An agency by ________ occurs when a person leads another to believe that someone else is his or her agent and is thereafter prevented from denying it.

2.     Which of the following is not usually considered an independent contractor?

3.     Which of the following is an example of a hallmark of the fiduciary relationship?

4.     Which of the following terms refers to a slight deviation from the employer’s business that is still within the scope of employment?

5.     Which of the following is not a duty of an agent to a principal?

6.     An agency relationship can be created by

7.     The most basic legal characteristic of the employer-employee relationship is that the employer has the right to

8.     Once an agent is given express authority, he or she also has _______ authority to do whatever is reasonable to complete the task he or she has been instructed to undertake.

9.     Which of the following is not one of the factors the law looks at in distinguishing between employees and independent contractors?

10.   Which of the following was the result in O’Shea v. Welch, the case in the text involving whether an employee was acting within the scope of his employment when, while driving to deliver a vendor’s gift (football tickets) to his employer’s office, he turned into a service station to obtain an estimate regarding nonemergency maintenance on his car?

11.   The federal statute authorizing individuals to obtain copies of government records on any subject that is of interest is known as

12.   After the passage of the National Environmental Policy Act,

13.   Which of the following is not exempt from a Freedom of Information Act request?

14.   ________ has been called the lifeblood of administrative agencies.

15.   Which of the following presides over formal agency adjudications at the federal level?

16.   Which of the following agencies was created following the terrorist attacks of September 11, 2001, to be responsible for civilian aspects of national security?

17.   Brianna is in charge of new federal agency set up to monitor farming operations.  The agency wishes to institute a rule regarding the use of pesticides.  Brianna tells her associates to publish the proposed rule but to decline taking comments on the rule because she does not want to deal with unhappy farmers.  Assuming you are legal counsel to the agency, what would you tell Brianna regarding her plan to refuse comments on the proposed rule?

18.   Which of the following is exempt from the Administrative Procedure Act’s requirement that the public be given notice and an opportunity to comment before a federal agency can promulgate a rule?

19.   Rules adopted by a federal agency are published in the

20.   What was the result in Ragsdale v. Wolverine World Wide, involving whether the Department of Labor could validly institute a regulation giving an employee the right to an additional twelve weeks of family or medical leave if the employer failed to notify the employee that the twelve weeks of leave provided by the Family and Medical Leave Act ran concurrently with the thirty weeks of paid disability leave provided by the employer?

LEG 100 QUIZ 2 (1)

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LEG 100 Quiz 2 (1)

1.     One purpose of contract law is to determine which agreements are worthy of legal enforcement.

2.     Regarding contracts, in seeking to determine whether there is a meeting of the minds, the courts look to how a reasonable person would objectively view the language or actions of the parties.

3.     The element of a contract that states the parties must be adults of sound mind is consent.

4.     When promissory estoppel is used by the courts, it is because there is NOT an enforceable contract present.

5.     All oral contracts are quasi-contracts until they are completely executed.

6.     Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

7.     Written defamation is _____; oral defamation is _______.

8.     Which of the following statements is correct regarding the difference between tort and criminal law?

9.     In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

10.   The elements in a defamation case are:

11.   A sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

12.   In a negligence case, the plaintiff must establish

13.   Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette’s fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette

14.   Which of the following represents a landowner's lowest liability?

15.   Kenneth was exposed to radiation on his job in an environmental cleanup. In a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

16.   Mrs. O'Leary hired Jenna to sell her house in Michigan. She executed a power of attorney in favor of Jenna authorizing her to do "anything and everything associated with the sale of real estate, acting as a prudent person." On May 30, Jenna finalized a deal with Brandon for the purchase of the house. Brandon and Jenna signed the real estate contract that day. Jenna learned the next day that Mrs. O'Leary had died May 29.

17.   An agency relationship can be created

18.   An agent is always liable for his or her own torts committed within the scope of the agency relationship.

19.   The principle of liability stating that an employer is liable for a physical tort committed by an employee acting within the scope of employment and a nonphysical tort of an employee acting with authority is called

20.   John hired Tim to sell his house. Which statement is correct?