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BLAW 031: Business Law Midterm Exam. Business & Marketing Coursework

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BLAW 031: Business Law Midterm Exam

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BLAW 031: Business Law Midterm Exam
Section 1: Multiple Choice and T/F Questions
1. Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have​
 a. ​concurrent jurisdiction with federal courts. b. ​concurrent jurisdiction with other state courts. c. ​exclusive jurisdiction. d. ​no jurisdiction.

2.  Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for​
 a. ​no court to exercise jurisdiction. b. ​a federal court to exercise original jurisdiction. c. ​a state court to exercise appellate jurisdiction. d. ​the United States Supreme Court to refuse jurisdiction.

3.  D’Antoni files a suit in a federal district court against Enya. D’Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D’Antoni asks the United States Supreme Court to hear the case. The Court is​
 a. ​not required to hear the case. b. required to hear the case because D’Antoni lost in a federal court.​ c. ​required to hear the case because D’Antoni lost in a lower court. d. ​required to hear the case because it is an appeal.

4. Emily retains Michael, an attorney, on a contingency-fee basis to seek $1 million in damages in a personal-injury suit against Prescription Pharmaceuticals Inc. Emily wins. She must pay​
 a. ​court costs and other expenses, but not Michael’s fee. b. ​Michael’s fee, court costs, and other expenses. c. ​Michael’s fee only. d. ​neither Michael’s fee nor court costs and other expenses.

5. Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,​
 a. ​Isabel must file an amended complaint. b. ​Isabel will have a judgment entered in her favor. c. ​Josh must be served with a second summons. d. ​Josh will have a judgment entered in his favor.

6. Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​
 a. ​the answer. b. ​the complaint. c. ​the writ of certiorari. d. ​the summons.

7. Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if
 a. ​P&P employees do not divulge the information to outside parties. b. ​P&P employees do not handle confidential documents. c. ​P&P employees never leave the company’s employ. d. ​the information is unique and has value to a competitor.

8. The process behind the production of “Account Inc.,” a suite of business accounting and inventory software, is protected by
 a. ​copyright law. b. ​patent law. c. ​none of the choices. d. ​trade secrets law.

9. Reprise, Inc., a U.S. video production company, files a suit against Substantivo TV, Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico’s national laws. Under the TRIPS agreement, Reprise is entitled to receive
 a. ​better treatment than Substantivo. b. ​the same treatment as Substantivo. c. ​worse treatment than Substantivo. d. ​nothing.

10. Ossie enters a convenience store and points a gun at the clerk Pico. Ossie forces Pico to open the cash register and give him all the money. Ossie will most likely be charged with
 a. ​burglary. b. ​robbery. c. ​larceny. d. ​receiving stolen property.

11. Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely
 a. ​forgery. b. ​larceny. c. ​robbery. d. ​obtaining goods by false pretenses.

12. Suzu, an employee of Ridgeline Credit Union, deposits into her personal account checks entrusted to Ridgeline through its ATM system by customers to deposit into their accounts. This is
 a. ​burglary. b. ​embezzlement. c. ​larceny. d. ​mail and wire fraud.

13. An ad on the NewsNow Web site asks viewers to “send us your story and we might share it with the world.” Ollie submits a manuscript, adding, “I accept your offer.” Between NewsNow and Ollie, there is
 a. ​a contract for the publication of Ollie’s story. b. ​a contract to consider Ollie’s story before any others. c. ​a contract to negotiate for the publication of Ollie’s story. d. ​no contract.

14. Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is
 a. ​effective. b. ​not effective because comedy is not a serious subject. c. ​not effective because Anton’s tutoring will be subjective. d. ​not effective because Brooke has no knowledge of the subject.

15. Idina admires Jules’s collection of guitars. July says, “I plan to sell the collection when I get tired of it.” Jules’s statement is
 a. ​an offer. b. ​not an offer because it has not been communicated to Idina. c. ​not an offer because July expressed only an intent to enter into a future contract. d. ​an acceptance.

16. Kim promises to pay Leo $500 to install a sump pump in Kim’s warehouse. Leo completes the installation. The act of installing the pump
 a. ​imposes a moral obligation on Kim to pay Leo. b. ​imposes no obligation on Kim unless she is satisfied with the job. c. ​is not sufficient consideration because it is not goods or money. d. ​is the consideration that creates Kim’s obligation to pay Leo.

17. Rose questions whether there is consideration for her contract to perform with Saxophone Symphony. To constitute consideration, there must be
 a. ​a payment. b. ​a performance. c. ​a bargained-for exchange. d. ​serious thought underlying each party’s intent to contract.

18. Ross promises to pay Sara, his niece, $5,000 if she obtains her degree at Tech University, where she is in her third year. Sara graduates. Ross is
 a. ​not required to pay because Sara was already at Tech. b. ​not required to pay because obtaining a degree benefits Sara. c. ​required to pay because a job can be hard to find after college. d. ​required to pay because Sara obtained a degree at Tech.

19. Emma, a minor, buys a water bottle...
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