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UOP LAW421 Final exam (Summer 2014)




Question;Law/421 Final;1) Which of the following does not result in a decision;rendered by the hearing officer?;o Arbitration;o Mediation;o Med-arb;o Using expert evaluators;2) Jurisprudence is defined as;o adjudication of law suits;o the enactment of laws by a government body;o the science and philosophy of law;o the duties and obligations owed by a citizen;3) The state of Kansas has enacted a new law requiring all;commercial trucks driving on Kansas roads to have special mud flaps installed.;These mud flaps have been proven to make driving in the rain significantly;safer due to reduced mist created by trucks driving in the rain, although data;regarding accidents and injuries has not yet been determined. Any truck;entering Kansas must have these flaps installed or will be subject to a;significant fine and delay. The cost for purchase and installation of these;flaps is $1,000 per truck. In short, trucks must have these flaps or go around;the state. This Kansas law;o is valid because it only applies to Kansas roads and such;a law is entirely intrastate;o is valid because Kansas's right to protect its citizens;under its police powers will override any outside challenges to this law;o is invalid because this law is intended to regulate;interstate commerce, an enumerated federal power;o is invalid because although on its face it's an intrastate;law, this statute will have a significant economic effect on interstate commerce;causing an undue burden;4) The power of preemption is derived from;o the power of judicial review;o the Commerce Clause;o the Necessary and Proper Clause;o the Supremacy Clause;5) What is the main problem with international courts?;o Finding judges who understand the complexities of;international law;o Creating a body of law that reflects multiple legal;systems;o Enforcing a ruling on sovereign nations is difficult;o Lack of recognition from the U.N. and WTO;6) Under the U.S. legal system, subject to some exceptions;costs of litigation regarding both the plaintiff and defendant;o are all paid by the loser;o are all paid by the winner;o are paid for by each side with the plaintiff and defendant;paying for their own legal costs;o are totaled by the court and then for fairness, split in;half with each side paying an equal amount;7) Generally, torts law is governed by;o state statutory law;o state common law;o federal statutory law;o constitutional law;8) Assumption of risk is a defense to;o conversion;o negligence;o defamation;o battery;9) The three stripes on Adidas clothing represents a;o trademark;o trade dress;o trade secret;o patent;10) The color or shape of an item, if distinctive, is a;o trademark;o trade dress;o copyright;o patent;11) Cybersquatting describes the practice of;o registering multiple domain names and then selling them;back to companies at inflated prices;o hacking into a company's website to install a virus or;Trojan horse designed to steal information but allow the site to continue;operation;o using mechanical devises to access a company's website;multiple times to the point that traffic to the site is slowed or blocked;o hacking into a company's website to install a virus;designed to cause the company's website to totally cease operation;12) The Digital Millennium Copyright Act (1998) provided;each of the following protections EXCEPT;o manufacturers of CD-Writers were required to pay 2% of;their sales into a fund to be distributed to copyright holders because the;CD-Writers could easily copy music and other copyrighted works;o civil and criminal penalties were established for those;who sell or manufacture products or services that circumvent antipiracy;software;o restrictions were placed on analog recorders and;camcorders that lack antipiracy features;o ISPs were relieved of liability for copyright infringement;by their users as long as the ISP had no knowledge of the infringement;13) When Maria comes home from work, she finds that her yard;has been mowed and trimmed. An hour later, a man comes to her door to collect;payment for the yard work. Maria refuses to pay him because she has never seen;him before nor had she hired him to do the work. Which of the following is;accurate?;o This is an implied, unilateral contract, so she must pay.;o Maria has received unjust enrichment so a quasi-contract;is formed, so she must pay.;o The court would make Maria pay the reasonable cost of the;work to be fair to both parties.;o Maria would not have to pay anything.;14) Where a promise can only be accepted by the performance;of the person to whom it is offered is an example of a/an;o bilateral contract;o unilateral contract;o implied contract;o quasi contract;15) Each of the following is a discharge by mutual consent;EXCEPT;o accord and satisfaction;o novation;o rescission;o frustration of purpose;16) Harry sees an AK-47 automatic assault rifle in a gun;shop window. 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, a law is enacted making the;ownership, sale, or possession of an automatic rifle illegal. This contract;o automatically terminates due to impossibility;o automatically terminates due to impracticability;o automatically terminates due to frustration of purpose;o is enforceable and not affected by the new law because it;was entered into before the law took effect;17) Which of the following is rarely awarded in contracts;cases?;o Consequential damages;o Compensatory damages;o Punitive damages;o Liquidated damages;18) Which of the following is classified as an equitable;remedy?;o Consequential damages;o Reformation;o Restitution;o Liquidated damages;19) Which of the following would not be considered tangible?;o A car;o Oxygen;o The right of ownership;o The pen or pencil you are using;20) With regard to consideration in a sales contract, the;UCC differs from the common law in that;o consideration in a sales contract may be modified without;additional consideration;o consideration exchanged must be equal or very closely;equal in sales contracts;o consideration is not required in sales contracts;o consideration in a sales contract may be modified as long;as additional consideration is provided;21) The UCC will permit an incomplete or slightly ambiguous;contract to be enforced using each of the following criteria EXCEPT;o past commercial conduct;o industry standards or norms;o judicial input of any terms necessary to maintain fairness;o correspondence or verbal exchanges between the parties;22) Two merchant companies have entered into a contract for;the sale of goods but have had no prior dealings, which would establish a;course of conduct between them. The UCC will allow gap fillers to apply to;their contract regarding missing terms in each of the following situations;EXCEPT;o they have failed to specify when payment for the goods is;to be made;o they have failed to specify where delivery of the goods is;to be made;o they have failed to specify the quality or grade of the;goods to be delivered;o they have failed to specify the price of the goods to be;delivered;23) When a buyer rejects nonconforming goods and purchases;the appropriate goods from a different seller, this is an example of which of;the following;o Cover;o Specific Performance;o Lawsuit for Money Damages;o Revoking Acceptance;24) Which of these is not a requirement for disclaiming a;warranty?;o Statutory authorization;o A conspicuous writing;o Explaining why the warranty is being disclaimed;o Including the word merchantability if merchantability is;to be disclaimed;25) "What if everyone took these same actions" is;a question sometimes called the;o universalization approach;o utilitarian approach;o functionality approach;o morality approach;26) The utilitarian approach to moral philosophy was founded;by;o Jeremy Bentham;o Immanuel Kant;o Cicero;o Kenneth Lay;27) Stan is an investment manager. He has received money;from various investors with a promise of very high returns on their;investments. The invested money is not supplying enough capital in order to pay;the returns promised, so he has started using new investor's money to pay older;investors. By advertising and by word of mouth, people are anxious to invest;with Stan because of the money being paid, and with the influx of new;investors, he is able to continue operating. Stan is;o operating an insider trading operation;o racketeering;o guilty of conspiracy to defraud;o operating a Ponzi scheme;28) Ben is the manager of a branch of a large bank. He has;regularly taken money from customer's accounts for his own use and changed the;bank records to cover his actions. Ben is guilty of;o a conspiracy;o a Ponzi scheme;o racketeering;o embezzlement;29) The Sarbanes-Oxley Act (2002) imposed stricter;regulations on how corporations do business through regulations in each of the;following areas EXCEPT;o tax compliance;o financial reporting;o corporate governance;o auditing;30) Joan is the CFO of Para Corp. and is a year from;retirement. In order to guarantee herself a very substantial bonus and to boost;her retirement package, she knowingly certifies false financial reports making;the company appear to be much more profitable than it really is. She further;takes steps to assure that the financial report was not reviewed through;internal controls maintained by Para Corp. Under the provisions of the;Sarbanes-Oxley Act (2002), if her fraud is NOT part of a larger scheme, what;criminal penalties are possible for Joan?;o $1 million in fines and up to 10 years in prison;o $2 million in fines and up to 12 years in prison;o $5 million in fines and up to 15 years in prison;o $10 million in fines and up to 20 years in prison


Paper#58941 | Written in 18-Jul-2015

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