ENFORCING A RULING ON SOVEREIGN NATIONS IS DIFFICULT

15 Jul ENFORCING A RULING ON SOVEREIGN NATIONS IS DIFFICULT

1) Which of the following does not result in a decisionrendered by the hearing officer?

A. Arbitration

B. Mediation

C. Med-arb

D. Using expert evaluators

2) Jurisprudence is defined as

A. adjudication of law suits

B. the enactment of laws by a government body

C. the science and philosophy of law

D. the duties and obligations owed by a citizen

3) The state of Kansas has enacted a new law requiring allcommercial trucks driving on Kansas roads to have special mud flapsinstalled. These mud flaps have been proven to make driving in therain significantly safer due to reduced mist created by trucksdriving in the rain, although data regarding accidents and injurieshas not yet been determined. Any truck entering Kansas must havethese flaps installed or will be subject to a significant fine anddelay. The cost for purchase and installation of these flaps is$1,000 per truck. In short, trucks must have these flaps or goaround the state. This Kansas law

A. is valid because it only applies to Kansas roads and such a lawis entirely intrastate

B. is valid because Kansas’s right to protect its citizens underits police powers will override any outside challenges to thislaw

C. is invalid because this law is intended to regulate interstatecommerce, an enumerated federal power

D. is invalid because although on its face it’s an intrastate law,this statute will have a significant economic effect on interstatecommerce causing an undue burden

4) The power of preemption is derived from

A. the power of judicial review

B. the Commerce Clause

C. the Necessary and Proper Clause

D. the Supremacy Clause

5) What is the main problem with international courts?

A. Finding judges who understand the complexities of international law

B. Creating a body of law that reflects multiple legal systems

C. Enforcing a ruling on sovereign nations is difficult

D. Lack of recognition from the U.N. and WTO

6) Under the U.S. legal system, subject to some exceptions, costsof litigation regarding both the plaintiff and defendant

A. are all paid by the loser

B. are all paid by the winner

C. are paid for by each side with the plaintiff and defendantpaying for their own legal costs

D. are totaled by the court and then for fairness, split in halfwith each side paying an equal amount

7) Generally, torts law is governed by

A. state statutory law

B. state common law

C. federal statutory law

D. constitutional law

8) Assumption of risk is a defense to

A. conversion

B. negligence

C. defamation

D. battery

9) The three stripes on Adidas clothing represents a

A. trademark

B. trade dress

C. trade secret

D. patent

10) The color or shape of an item, if distinctive, is a

A. trademark

B. trade dress

C. copyright

D. patent

11) Cybersquatting describes the practice of

A. registering multiple domain names and then selling them back tocompanies at inflated prices

B. hacking into a company’s website to install a virus or Trojanhorse designed to steal information but allow the site to continueoperation

C. using mechanical devises to access a company’s website multipletimes to the point that traffic to the site is slowed orblocked

D. hacking into a company’s website to install a virus designed tocause the company’s website to totally cease operation

12) The Digital Millennium Copyright Act (1998) provided each ofthe following protections EXCEPT

A. manufacturers of CD-Writers were required to pay 2% of theirsales into a fund to be distributed to copyright holders becausethe CD-Writers could easily copy music and other copyrightedworks

B. civil and criminal penalties were established for those who sellor manufacture products or services that circumvent antipiracysoftware

C. restrictions were placed on analog recorders and camcorders thatlack antipiracy features

D. ISPs were relieved of liability for copyright infringement bytheir users as long as the ISP had no knowledge of theinfringement

13) When Maria comes home from work, she finds that her yard hasbeen mowed and trimmed. An hour later, a man comes to her door tocollect payment for the yard work. Maria refuses to pay him becauseshe has never seen him before nor had she hired him to do the work.Which of the following is accurate?

A. This is an implied, unilateral contract, so she must pay.

B. Maria has received unjust enrichment so a quasi contract isformed, so she must pay.

C. The court would make Maria pay the reasonable cost of the workto be fair to both parties.

D. Maria would not have to pay anything.

14) Where a promise can only be accepted by the performance of theperson to whom it is offered is an example of a/an

A. bilateral contract

B. unilateral contract

C. implied contract

D. quasi contract

15) Each of the following is a discharge by mutual consentEXCEPT

A. accord and satisfaction

B. novation

C. rescission

D. frustration of purpose

LAW 421 LAW421 Final Exam

16) Harry sees an AK-47 automatic assault rifle in a gun shopwindow. He inquires about the price and is told that it is $2,500.Harry signs a contract promising to pay the $2,500 on Friday,taking possession of the rifle when payment is made. On Thursday, alaw is enacted making the ownership, sale, or possession of anautomatic rifle illegal. This contract

A. automatically terminates due to impossibility

B. automatically terminates due to impracticability

C. automatically terminates due to frustration of purpose

D. is enforceable and not affected by the new law because it wasentered into before the law took effect

17) Which of the following is rarely awarded in contractscases?

A. Consequential damages

B. Compensatory damages

C. Punitive damages

D. Liquidated damages

18) Which of the following is classified as an equitableremedy?

A. Consequential damages

B. Reformation

C. Restitution

D. Liquidated damages

19) Which of the following would not be considered tangible?

A. A car

B. Oxygen

C. The right of ownership

D. The pen or pencil you are using

20) With regard to consideration in a sales contract, the UCCdiffers from the common law in that

A. consideration in a sales contract may be modified withoutadditional consideration

B. consideration exchanged must be equal or very closely equal insales contracts

C. consideration is not required in sales contracts

D. consideration in a sales contract may be modified as long asadditional consideration is provided

21) The UCC will permit an incomplete or slightly ambiguouscontract to be enforced using each of the following criteriaEXCEPT

A. past commercial conduct

B. industry standards or norms

C. judicial input of any terms necessary to maintain fairness

D. correspondence or verbal exchanges between the parties

22) Two merchant companies have entered into a contract for thesale of goods but have had no prior dealings, which would establisha course of conduct between them. The UCC will allow gap fillers toapply to their contract regarding missing terms in each of thefollowing situations EXCEPT

A. they have failed to specify when payment for the goods is to bemade

B. they have failed to specify where delivery of the goods is to bemade

C. they have failed to specify the quality or grade of the goods tobe delivered

D. they have failed to specify the price of the goods to bedelivered

23) When a buyer rejects nonconforming goods and purchases theappropriate goods from a different seller, this is an example ofwhich of the following:

A. Cover

B. Specific Performance

C. Lawsuit for Money Damages

D. Revoking Acceptance

24) Which of these is not a requirement for disclaiming awarranty?

A. Statutory authorization

B. A conspicuous writing

C. Explaining why the warranty is being disclaimed

D. Including the word merchantability if merchantability is to bedisclaimed

25) “What if everyone took these same actions” is a questionsometimes called the

A. universalization approach

B. utilitarian approach

C. functionality approach

D. morality approach

26) The utilitarian approach to moral philosophy was founded by

A. Jeremy Bentham

B. Immanuel Kant

C. Cicero

D. Kenneth Lay

27) Stan is an investment manager. He has received money fromvarious investors with a promise of very high returns on theirinvestments. The invested money is not supplying enough capital inorder to pay the returns promised, so he has started using newinvestor’s money to pay older investors. By advertising and by wordof mouth, people are anxious to invest with Stan because of themoney being paid, and with the influx of new investors, he is ableto continue operating. Stan is

A. operating an insider trading operation

B. racketeering

C. guilty of conspiracy to defraud

D. operating a Ponzi scheme

28) Ben is the manager of a branch of a large bank. He hasregularly taken money from customer’s accounts for his own use andchanged the bank records to cover his actions. Ben is guilty of

A. a conspiracy

B. a Ponzi scheme

C. racketeering

D. embezzlement

29) The Sarbanes-Oxley Act (2002) imposed stricter regulations onhow corporations do business through regulations in each of thefollowing areas EXCEPT

A. tax compliance

B. financial reporting

C. corporate governance

D. auditing

30) Joan is the CFO of Para Corp. and is a year from retirement. Inorder to guarantee herself a very substantial bonus and to boosther retirement package, she knowingly certifies false financialreports making the company appear to be much more profitable thanit really is. She further takes steps to assure that the financialreport was not reviewed through internal controls maintained byPara Corp. Under the provisions of the Sarbanes-Oxley Act (2002),if her fraud is NOT part of a larger scheme, what criminalpenalties are possible for Joan?

A. $1 million in fines and up to 10 years in prison

B. $2 million in fines and up to 12 years in prison

C. $5 million in fines and up to 15 years in prison

D. $10 million in fines and up to 20 years in prison