Deck 26: the Constitution of the United States

Question 1

Rich Tavern Brewing Corporation threatens Small Pub Artisanal Ale Company with a suit for trademark infringement.The suit is described on Facebook and Twitter, where large companies' threats to sue small companies for trademark infringement are generally met with

A)displeasure.
B)donations.
C)offers of legal representation at no charge.
D)none of the choices.

Answer 1

A

Question 2

University of St.Bart (USB) offers classes online.Enrollment is carried out online.USB asks each enrolling student to agree that any dispute will be resolved by arbitration and to indicate assent by clicking a box to make "Signed by E-Signature" appear on a signature line.Most likely, this agreement is

A)misleading.
B)valid.
C)invalid without further proof that the student assented to it.
D)invalid without a facsimile of an actual signature on the signature line.

Answer 2

B

Question 3

Nero files a suit against Omar.Before the case goes to trial, they enter into a settlement agreement that stipulates "neither party will disclose the terms to anyone" except their attorneys.Nero tells Pilar, his significant other, that he is satisfied with the result.Pilar repeats Nero's comments in a post on Facebook.On learning of the post, Omar asks a court to invalidate the agreement.Most likely, the court will hold that the agreement is

A)no longer enforceable because Nero breached it.
B)enforceable because Pilar is not a party to it.
C)enforceable because Nero's comments are outside the agreement.
D)enforceable because Nero did not criticize the terms.

Answer 3

A

Question 4

Robyn creates the Web site StudyBuddy.com where students can collect and share class notes.Claiming trademark infringement, Test Notes, Inc., sends Robyn a cease-and-desist letter.Robyn believes that Test Notes's claim has no merit, but she lacks the resources for a prolonged legal battle with the company.Robyn's best option is most likely to

A)describe the problem on social media.
B)cease and desist.
C)represent herself in the dispute with Test Notes.
D)transfer ownership of StudyBuddy.com to Test Notes.

Question 5

Sports Fit Company sponsors the "$100,000 Game" in which contestants compete in ten separate athletic events over a period of weeks.Sports Fit announces that the winner of each event will be awarded $5,000 with the "Ultimate Champion"⎯the winner of the most events⎯awarded $50,000.If the "$100,000 Game" is treated as a unilateral contract, Sports Fit can

A)cancel the contest or alter its terms at any time.
B)not modify the terms of the contest after it begins.
C)reduce the amount of the event prizes but not the grand prize.
D)reduce the amount of the grand prize but not the event prizes.

Question 6

Cargo Carrier Company files a suit against Distribution & Transport Inc.(D&T).Before the case goes to trial, they enter into a settlement agreement that includes a confidentiality clause.Cargo announces its satisfaction with the terms to its employees.Elron, an employee, posts comments about the terms on Twitter.On discovering the posts, D&T asks a court to invalidate the agreement.Most likely, the court will hold that the agreement is

A)no longer enforceable because Cargo breached it.
B)enforceable because Elron is not a direct party to it.
C)enforceable because Elron's's posts are outside the agreement.
D)enforceable because Cargo did not criticize the agreement.

Question 7

Money2Play Corporation does not make or sell products or services but buys a patent and asserts it against New Functions, Inc., a start-up applications company, demanding licensing fees and threatening an infringement suit.Because of these threats, New Functions is most likely to

A)have difficulty in attracting investors.
B)target other firms with patent litigation to obtain investment capital.
C)cease and desist.
D)collect more capital to fund its operations than without the threats.

Question 8

Nguyen has her family buy and ship textbooks legally produced in Vietnam to her for resale in the United States.The U.S.owners of the copyrights on the items file a suit against Nguyen, alleging infringement.Applying a decision of the United State Supreme Court in a similar case, the court in this case is most likely to rule in favor of Nguyen on the basis that

A)U.S.copyright law does not apply to works that are made outside the United States.
B)Nguyen offered "good" prices for the books.
C)Nguyen imported the books "with the authority of the owner" (her family).
D)the first sale doctrine applies in these circumstances.

Question 9

Apex University (AU) offers classes online.AU asks each student enrolling online to agree to submit any dispute to arbitration and to indicate assent by clicking a box.AU claims that it is the cheapest undergraduate program in the United States.Beth enrolls in the program but later charges AU with fraud based on its "cheapest" claim.Beth could pursue her claim

A)in a court.
B)in an arbitration proceeding.
C)nowhere.
D)anywhere.

Question 10

Management Tech Company uses an online behavioral test provided by Norm Testing Service to assess the employability of job applicants.The agreement between Management Tech and Norm Testing for the use of the test most likely provides that if Management Tech breaches the terms and conditions, Norm Testing can

A)cancel the contract.
B)do nothing.
C)require that Management Tech re-administer the test.
D)mandate that any affected applicants be hired.

Question 11

Retail MarkUp, Inc., collects and amasses considerable information about its customers.Under President Obama's proposed Consumer Privacy Bill of Rights, Retail MarkUp will have to

A)do nothing different.
B)use the data for marketing or delete the data from its servers.
C)pass the information on to the government and no other third party.
D)allow consumers to set limits on the information collected about them.

Question 12

Klint and Lorenz agree to a contract.Later, Klint alleges that his performance is impossible or at best impracticable because of circumstances unforeseen at the time the contract was formed.Hans files a suit, claiming breach.In Germany, if the court agrees with Klint, the most likely remedy is

A)damages.
B)reformation.
C)rescission.
D)specific performance.

Question 13

Click & Mortar, Inc., collects and amasses considerable information about its customers.Under President Obama's proposed Consumer Privacy Bill of Rights, without giving consumers choices about what data are collected and how it is used, Click & Mortar can

A)collect the information without violating consumers' privacy.
B)pass the information that it collects on to its affiliates.
C)use this information to predict what a consumer might want.
D)none of the choices.

Question 14

Pay-to-Buy.com, Inc., obtains a patent on an online payment system.The patent is vaguely worded and overly broad.In evaluating the patent, a court is most likely to

A)have difficulty, resulting in Pay-to-Buy being targeted by patent trolls.
B)apply the patent broadly.
C)issue a vaguely worded protection order.
D)hold that Pay-to-Buy's business practices are illegal.

Question 15

Evita pretends to be "Faith" online, fooling Garth into believing that Faith is his friend.When Garth learns the truth, he is embarrassed and feels humiliated.But he cannot recover damages because he cannot prove an actual injury, which is a requirement for recovery in these circumstances on the ground of

A)mistake.
B)fraudulent misrepresentation.
C)undue influence.
D)unconscionability.

Question 16

Prep Charter School uses an online test provided by Quality Tests, Inc., to assess the probability that an adolescent is chemically dependent.The agreement between Prep Charter and Quality for the use of the test most likely provides that if Prep Charter breaches its duties under the agreement, Quality will suffer

A)immediate and irreparable damages.
B)no harm.
C)compensatory, consequential, punitive, and nominal damages.
D)liquidated and quasi-contractual damages.

Question 17

Brigit pretends to be "Chyna" online, fooling D'Antoni into believing that Chyna is his friend.D'Antoni can recover damages from Brigit for the hoax on the ground of fraudulent misrepresentation if

A)D'Antoni can prove an actual injury.
B)Chyna is not in fact a "real" person but a totally fake persona.
C)Brigit and D'Antoni's online relationship is "purely personal."
D)D'Antoni sent gifts to "Chyna" totaling at least $10,000.

Question 18

To pay for her education, Chu Hua has her friends and family buy and ship CDs, DVDs, and books legally produced in Hong Kong to her for resale in the United States.The U.S.owners of the copyrights on the items file a suit against Chu Hua, alleging copyright infringement.She asserts the first sale doctrine in defense.According to a decision of the United State Supreme Court in a similar case, the court in this case should rule that the first sale doctrine

A)applies only to works that are made in the United States.
B)requires offering "good" prices on the products made abroad.
C)prohibits the importation of a work "without the authority of the owner."
D)allows the first purchase-owner of a work legally produced and acquired abroad to sell it in the United States without the copyright owner's permission.

Question 19

GPS Devices Inc.sponsors a "Finders Keepers!" contest in which Erwin and other entrants agree to race to certain locales to win small prizes and collect clues that lead to the "Grand Lost Treasure," which the first finder will be awarded.GPS reserves the right to cancel the contest or change its terms at any time.If Erwin challenges this reservation in court, the court will most likely hold that GPS can

A)cancel the contest or alter its terms at any time.
B)not modify the terms of the contest after it begins.
C)reduce the amount of the small prizes but not the grand prize.
D)reduce the amount of the grand prize but not the small prizes.

Question 20

Ilsa and Janis agree to a contract.Later, Ilsa alleges that her performance is impossible or at best impracticable because of circumstances unforeseen at the time the contract was formed.Frieda files a suit, claiming breach.In the United States, if the court agrees with Eva, the most likely remedy is

A)damages.
B)reformation.
C)rescission.
D)specific performance.

Question 21

Fleet Feet, an online travel company, buys blocks of rooms from Grande Hotel, a hotel in Hyper City, at a wholesale rate.Fleet Feet resells the rooms to consumers at a retail rate.One recent effort by cities to collect taxes from e-commerce has focused on

A)hotels that sell blocks of rooms at wholesale rates.
B)non-resident consumers who reserve rooms in in-state hotels.
C)online travel companies.
D)the dire financial straits of the cities during the latest recession.

Question 22

Wing Hon Ltd., a Chinese company, makes drywall that Veranda Homes Corporation, a U.S.firm, imports and sells to contractors and consumers in the United States.The drywall causes electrical and other problems in newly built homes.Potentially liable parties include

A)Wing Hon and Veranda Homes.
B)the Chinese and U.S.governments.
C)the consumers who bought the drywall.
D)none of the choices.

Question 23

Tour Vista, an online travel company, buys blocks of rooms from Skyview Towers, a hotel in River City, at a wholesale rate.Tour Vista resells the rooms to consumers at a retail rate.In recent efforts to collect taxes from e-commerce, some cities claim that hotel occupancy taxes should be assessed and remitted directly to the cities based on

A)the dire financial straits of the cities during the latest recession.
B)the retail rates of the rooms.
C)the states of residency of the consumers who reserve the rooms.
D)the wholesale rates of the rooms.

Question 24

Suki, a paralegal, works for Thao, an attorney.Before filing a bankruptcy petition for Thao on behalf of a client in the U.S.Bankruptcy Court for the District of Arizona, Suki has a question about the filing.Suki can access a chat box via the court's Web site and

A)contact other paralegals, attorneys, and their clients quickly.
B)get verbal responses to questions in not less than ten minutes.
C)leave voice messages.
D)send and receive text messages.

Question 25

West Virginia enacts a statute that requires labels on video games to warn parents when "the range of options available to a player includes killing and maiming the image of a human being." Game makers file a suit against the state to block the enforcement of this statute.According to a decision of the United State Supreme Court in a case involving a similar statute, the court in this case should rule that the statute

A)legitimately extends restrictions on sex-based content to violence in video games.
B)violates the First Amendment's guarantee of freedom of speech.
C)fairly imposes market-share liability on makers of violent games.
D)merely replaces the voluntary rating system currently in use.

Question 26

North Carolina enacts a statute that requires a label on a video game to warn parents when "the range of options available to a player include dismem-bering or sexually assaulting the image of a human being." In a challenge to the statute by game makers, the state asks a federal court to enforce the statute.The state fails to show that the statute is justified by a compelling government interest or that it is narrowly tailored to serve that interest.The court is most likely to

A)hold that the statute is unconstitutional and refuse to enforce it.
B)expand the label's warning to include other forms of violence.
C)impose market-share liability on makers of violent video games.
D)replace the voluntary rating system currently in use.

Question 27

Canada Clay Ltd., a Canadian company, makes roofing tiles that Don's Asphalt & Tile Inc.imports and sells to contractors in the United States.Structures on which the tiles are laid suffer leaks and other weather-related damage.To hold Canada Clay liable requires proof that the tiles were

A)delivered in a safe condition.
B)defective when they left Canada Clay's hands.
C)mishandled by the contractors.
D)substantially changed after they were sold.

Question 28

The U.S.Bankruptcy Court for the District of Arizona uses online live chatting as part of a strategic initiative to educate the public about bankruptcy.Those who have used the live chat services include

A)individuals interested in filing for bankruptcy without an attorney.
B)paralegals.
C)real estate lawyers who have expanded into bankruptcy law.
D)all of the choices.