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1. LAW 421 Final Exam
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LAW 421 Final Exam (Latest)
PerfectScore (100% CorrectSolutions)
1. When a buyer rejects nonconforming goodsand purchasesthe
appropriate goodsfrom a differentseller,this is an example ofwhich
of the following:
 Specific Performance
 Revoking Acceptance
 Lawsuitfor MoneyDamages
 Cover
2. Which of the following would be considered intangibleproperty?
 Hydrocarbons
 Pharmaceuticals
 A rightof ownership or possession
 An apartment

2. 3. Upon her return home from work,Maria discoveredthat her lawn
has been mowed and trimmed.An hour later, a male strangercomesto
her door for paymentfor the lawn work.Maria refuses any payment
because she had not hired him to do the work.In these circumstances
 Maria would nothave to pay anything.
 the man could sue Maria for unjustenrichment.
 Maria would have to pay whatevera courtfinds to be "fair."
 the man could sue Maria for breach ofan implied, unilateral
contract.
4. The powerof preemption is derivedfrom
 the SupremacyClause.
 the power of judicial review.
 the Commerce Clause.
 the Necessary and Proper Clause.
5. Two merchantcompanieshave entered into a contractfor the sale
of goods. Theyhave had no prior dealings amongthemselvesthat
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 paymentfor the goods is to be
made.
 they have failed to specify where delivery ofthe goods is to be
made.

3. 6. "What if everyonetook these same actions?" is a question
sometimes called the
 morality approach.
 utilitarian approach.
 functionality approach.
 universalizationapproach.
7. Jurisprudence is defined as
 the science and philosophyof law
 the duties and obligations owedby a citizen
 the enactmentof laws by a governmentbody
 adjudicationof law suits
8. Which of the following ADR methods results in a decision rendered
by the hearing officer?
 Mediation
 Negotiation
 Third-party evaluation
 Arbitration
9. The principle challenge facedby internationalcourts include
 obtaining universalrecognitionand participation in its processes
by the U.N. and W.T.O.
 articulating universally applicable rules of law that reflect
multiple legal systemsfaithfully.

4.  enforcingit's judgmentson sovereign nations.
 finding judges skilled in internationallaw.
10. The following is requiredfor disclaiming a warranty:
 Common law authority
 Conspicuouslanguage in the sales contractitself
 Writing, posted in a public space and incorporatedby reference
in the contract
 The word "merchantability" need notbe included,if a warrantyof
merchantability is to be disclaimed
11. The term cybersquattingmeans
 use of mechanicaldevices(s)or malicious software to deny
service to a company's website.
 hacking into a company's website to inserta virus (or Trojan
horse)designedto steal information as the site continues in
operation.
 hacking into a company's website to install a virus designed to
cause the company'swebsite to operate extremely slowly.
 registering multiple domain namesusing names from famous
trademarks with an intent to sell them to the companiesowning
the famous marks at inflated prices.
12. The UCC will permit an incompleteor slightly ambiguous contract
to be enforced using which of the following criteria?
 Past commercialconduct
 Correspondence ororalexchanges between the competing
parties

5.  Insertion of any terms judicially determinedto be necessary to
establish fairness
 Projectedindustrystandards ornorms
13. Ben is the manager ofa branchof a large bank.He has regularly
taken money from customer'saccountsfor his own use and falsified
the bank's records to "cover" his actions.Ben is guilty of
 engagingin a Ponzischeme.
 racketeering.
 conspiracy.
 embezzlement.
14. When an offer can only be accepted by performanceof the person
to whom it is made,the form of contractinvolved is
 unilateralcontract.
 bilateralcontract.
 quasicontract.
 implied contract.
15. The utilitarian approach to moralphilosophy wasfounded by
whom?
 ImmanuelKant
 Cicero
 Kenneth Lay
 Jeremy Bentham

6. 16. With regard to the legal elementof 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 contractmay be modified providedthat
adequate additionalconsiderationis given for that modification.
 the consideration exchanged mustbe judicially determinedto be
adequate.
 consideration in a sales contractmay be modified without
additionalconsideration undercertain circumstances.
17. Joan is the CFO of Para Corp.and is a year from retirement.In
order to guaranteeherselfa substantialbonusand to boosther
retirementbenefits,she prepares and intentionally certifiesas "true
and correct" false financialreports.She further takes steps to assure
that the financialreportare not reviewedthrough the normalsystem of
internalcontrols maintainedby Para Corp.Under the provisions of the
Sarbanes-OxleyAct (2002),if her fraud only involves her,what
criminalpenalties 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.

7. 19. Under the U.S. legal system,subjectto 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 courtmay
determine.
 are paid by each side paying its own legal fees and costs.
 are aggregated by the courtand allocated among the parties by
the courtbased on its determination of "fairness."
20. Which of the following is rarely awardedin contractscases?
 Liquidated damages
 Punitive damages
 Compensatory damages
 Consequentialdamages
21. Which of the following is a defense to a claim of breachof
contract?
 Insufficientoperating capital
 Accord and Satisfaction
 The bondingcompanyon the Performance Bond deniedthe
claim
 Insurancecoverage is sufficientto cover all contingencies
22. The three stripes on Adidas clothing represents a
 trade dress.

8.  trademark.
 patent.
 trade secret.
23. Which of the following is classified as an equitable remedy?
 Consequentialdamages
 Liquidated damages
 Reformation
 Restitution
24. Harry sees a semi-automatic rifle thathe likes in a gun shop’s
window.The price askedfor it is $2,500.Harry signs a written contract
promisingto pay the $2,500 on Friday,taking possession of the rifle
when paymentis made.On Thursday,a law becomeseffective making
the ownership,sale,or possession ofsuch a semi-automatic rifle
illegal. The contractbetweenHarry and the shop
 automatically terminatesdue to impracticability.
 is enforceable and notaffected by the new law becauseit was
entered into beforethe law took effect.
 automatically terminatesdue to impossibility.
 automatically terminatesdue to frustration of purpose.
25. The Digital Millennium CopyrightAct (1998)provides
 that manufacturersof CD-Writers were required to pay 2% of
their sales into a fund to be distributed to copyrightholders
because the CD-Writers could easily copy music and other
copyrighted works.

9.  for removalof restrictions on analog recordersand camcorders
lacking antipiracy features.
 those who sell or manufacture vulnerable software products or
services will be subjectto civil and criminalpenalties.
 that ISPs are not liable for copyrightinfringementby users of
their serviceif 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.
27. The Sarbanes-Oxley Act (2002)imposed stricter regulations on
how corporations do business in the following area(s):
 corporategovernance.
 auditing.
 financialreporting.
 corporatetax inversions.
28. Stan is an investmentmanager.He has received moneyfrom
various investors giving them a promise of very high returns. The
invested moneyis not supplying enoughreturnto enable paymentof
the rate promised,so Stan has started using new investors' moneyto
pay older investorsat the promised rates.By advertising and by word
of mouth,people are anxious to investwith Stan because of the
money being paid,and with the influx of new investors,he is able to
continue operating.Stan is

10.  engagingin a conspiracyto defraud.
 racketeering.
 operatingan insider trading operation.
 operatinga Ponzischeme.
29. The state of Kansas has enacted a law requiring all
commercialtrucksdriving on Kansasroadsto have a special
type of mud flaps installed.Thesemud flaps have been said to
make driving in the rain significantly safer,although absolutely
conclusive data is not available.Any truck entering Kansas
without these installed will be subjectto a significantfine and
substantialdelay.The costfor purchaseand installation of these
flaps is high,at around $5,000 per truck.This Kansaslaw
 is valid exerciseof the state's police powers in serviceof the
safety of its citizens.
 has a trivial effect on interstate commerce.
 is an undue burdenon interstate commerce.
 is an example ofexerciseof valid state authority over intrastate
commerce.
30. Assumption of risk is a defenseto
 defamation.
 negligence.
 battery.
 conversion.
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