Reference no: EM133212237

QUESTION 1

When a contract falls within the Statute of Frauds but is not in writing, the contract is

a. illegal.

b. unenforceable.

c. void.

d. voidable.

QUESTION 2

Which of the following statements regarding the Foreign Intelligence Surveillance Act (FISA) is true?

a. To spy on people located in the United States who are communicating abroad, the government needs a warrant.

b. Governments may keep irrelevant and personally identifying data before providing it to other agencies.

c. Under the FISA, the government does not need to notify defendants if the evidence being used against them in court was gathered in FISA surveillance.

d. To spy on people located in the United States who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court.

QUESTION 3

In a non-compete agreement, the term "ancillary" means that

a. both parties must have a stake in the outcome.

b. the agreement is harmless to the general public.

c. the non-compete agreement must be part of a larger agreement.

d. the non-compete agreement is unfair to the employee, but not the employer.

QUESTION 4

What is the time period of performance that requires contracts to be in writing?

a. If a contract cannot be performed within one month, it is unenforceable unless it is in writing.

b. If a contract cannot be performed within six months, it is unenforceable unless it is in writing.

c. If a contract cannot be performed within one year, it is unenforceable unless it is in writing.

d. If a contract cannot be performed within two years, it is unenforceable unless it is in writing.

QUESTION 5

Article 2 of the UCC governs

a. the sale of services.

b. mixed contracts covering both services and goods.

c. the sale of goods over $100,000.

d. the sale of goods.

QUESTION 6

Under the Stored Communications Act, which of the following are considered electronic communication?

a. Voice mail, email, and social media

b. Email only

c. Social media and email but not voice mail

d. Voice mail and email but not social media

QUESTION 7

Which of the following can be characterized as an exculpatory clause?

a. Contractor is not liable for damage caused by its employees.

b. Buyer agrees to pay $5,000 for a used cell phone.

c. Creditor charges 45 percent interest on a loan.

d. Store sells slightly damaged items at a discount.

QUESTION 8

Which of the following scenarios describes an offer?

a. Luther says to Consuela, "My son needs tutoring in Spanish. I'd like you to come to my home on Monday and Wednesday nights beginning next week for two-hour sessions, and I'll pay you $40 per hour. I'd like you to tutor him for the next three months."

b. Raoul asks Wendy if she would be willing to sell her first-edition copy of War and Peace. Wendy replies, "I couldn't possibly part with that book for less than a couple thousand dollars."

c. KD Lamp Company sends out a catalog to customers that lists prices for various types of light bulbs.

d. Evon places an antique pocket knife, which he inherited from his father, up for auction. He tells the auctioneer that he hopes to get at least $250 for the knife.

QUESTION 9

In order to satisfy the Statute of Frauds, a writing must be

a. more than one document.

b. signed by the defendant.

c. notarized.

d. drafted by an attorney.

QUESTION 10

Jin floods the network of a university with traffic to shut it down because he is upset at the low grade he received in his ethics class. This is an example of

a. hacking.

b. malware.

c. phishing.

d. a denial-of-service attack.

QUESTION 11

Aaron gains access to his neighbors' security cameras by guessing their password. Aaron then turns off their camera so he can trespass in their pool at night. This is an example of

a. hacking.

b. malware.

c. phishing.

d. a denial-of-service attack.

QUESTION 12

Cristiane consults with an attorney about her divorce. After the consultation, Cristiane decides to hire the attorney. The attorney gives Cristiane many forms to sign. One form states, "If the attorney commits malpractice while representing the client, the client agrees to not sue the attorney for the malpractice." This clause is

a. an exculpatory clause.

b. consideration.

c. a non-compete clause.

d. an ancillary clause.

QUESTION 13

The city of Northport installs cameras on traffic lights to enable the city to cite violators of traffic regulations. When a crime is committed near one of these cameras, Joselyn is arrested when the witness identifies Joselyn by the way she runs past the camera. Joselyn was identified by

a. data mining.

b. incorrect testimony.

c. a violation of her constitutional rights.

d. biometric data.

QUESTION 14

LaToya has been a children's day care provider for several years in the small town of Sallton, but she has decided to give it all up and move to a big city. LaToya sells her business to Ken, agreeing not to open a competing business within five miles of Sallton for a period of nine months. After five months of big city life, LaToya is broke and moves back to Sallton. LaToya opens a small day care business. Ken sues on the non-compete clause. What is the most likely result?

a. Ken wins. The agreement is enforceable.

b. LaToya wins. The agreement is denying her the right to do the only thing she knows how to do.

c. LaToya wins. The agreement is not enforceable because it is not ancillary to a legitimate bargain.

d. LaToya wins. The agreement is not reasonable as to time.

QUESTION 15

Which of the following types of property would be considered "goods" under the Uniform Commercial Code?

a. A promissory note

b. A stock

c. A patent

d. A computer

QUESTION 16

The law of defamation applies online, but defamation cases regarding digital issues are challenging because

a. digital lies can spread swiftly and remain as a permanent record.

b. the Constitution does not protect you online.

c. so many people are online now that it is hard to regulate.

d. there is no privacy protection online.

QUESTION 17

The courts will find an implied contract when

a. justice demands it.

b. conduct of the parties indicates they intended an agreement.

c. there is promissory estoppel.

d. there is undue influence.

QUESTION 18

Greg and Martin are drinking late one night after dinner. Greg becomes highly intoxicated and offers to sell Martin his collectible figurines worth $10,000 for $5,000. Martin knows Greg is having financial difficulties, so Martin assumes Greg is making this deal because he needs the money. Martin agrees. The next day, Martin comes to Greg's house with a check and a suitcase to take the figurines home with him. Greg tells Martin he will not honor the agreement. Martin sues. The court will side with

a. Greg because he was having financial difficulties, so this deal was the result of duress.

b. Martin because he was ready and willing to honor the agreement.

c. Greg if he can show he was so intoxicated he could not understand the nature of the agreement he had made.

d. Martin because Martin was not intoxicated.

QUESTION 19

India is a poor college student struggling to work and keep up with her studies. Jelani, her uncle, promises to pay India support of $200 per month for the next six months. Although Jelani didn't ask her to, India quits her job to focus on her studies for the next six months. Jelani makes one payment and then stops with no explanation. If India sues, what is the likely result?

a. Jelani would win, as he did not ask India to quit her job.

b. India would win, as a contract was formed when Jelani promised to pay her the support.

c. Jelani would win, as family members cannot sue each other for breach of an oral promise.

d. India may win under the doctrine of promissory estoppel.

QUESTION 20

Javaris enters a dentist office and points to a damaged tooth. The dentist, Matt, treats the tooth. If Javaris refused to pay and Matt sued,

a. Javaris would win as there was no contract.

b. Javaris would win because of the UCC.

c. Matt would win; this is an implied contract.

d. Matt would win in quantum meruit.