Final Exam

1. Under Ohio’s state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include
Answer
the measures approved by local governing bodies.
the results of legal scholar’s research.
the rules issued by state administrative agencies.
the state’s constitutions.

2. The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies
Answer
only in Missouri.
only in Missouri and its border states.
in all states.
in all states but only to matters not covered by other states’ laws.

3. Crater Tools Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by
Answer
Congress, through enabling legislation.
the Federal Trade Commission, through the rulemaking process.
the president, through an executive order.
the U.S. Department of Labor, through a final order.

4.  In Ben v. City Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Daphne v. Even Steven Auto Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
Answer
allow the minor to cancel the contract.
disregard the Ben case.
order the minor in the Daphne case to fulfill the contract.

5.  In a suit against Owen, Phil obtains specific performance. This is
Answer
an order to do or to refrain from doing a particular act.
an order to perform what was promised.
a payment of money or property as compensation.
the cancellation of a contract.

6.   Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC’s policy conflicts with the U.S. Constitution, a law embodying it can be enacted by
Answer
any state legislature and Congress.
any state legislature but not Congress.
Congress but not any state legislature.
none of the choices.

7.   Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii’s law will most likely be
Answer
rendered invalid under the supremacy clause.
rendered valid the free exercise clause.
stuck down under the due process clause.
upheld under the commerce clause.

8.   Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion’s principles. The First Amendment guarantees Mike’s freedom of
Answer
religion only.
speech only.
the press only.
religion, speech, and the press.

9.   Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit
Answer
neither Delaware nor the federal government.
the federal government only.
Delaware and the federal government.
Delaware only.

10.   Melanie engages in untruthful speech that harms others’ good reputations on her blog at no.lie.com. The First Amendment gives such speech
Answer
less protection than obscene speech.
more protection than symbolic speech.
no protection.
the same protection as any noncommercial speech.

11.   Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against the company, alleging that its products are defective. The firm’s best ground for dismissal of the suit is that Jack does not have
Answer
certiorari.
jurisdiction.
standing.
sufficient minimum contacts.

12.  To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC’s attorney places LLDC’s president under oath. A court reporter makes a record of the attorney’s questions and the officer’s answers. This is
Answer
a cross-examination.
a deposition.
an imposition.
an interrogatory.

13.  During the trial phase of Fuel Corporation’s suit against Gas Stations, Inc., their attorneys engage in voir dire. This is
Answer
the assessment of the arguments on the issues.
the determination of the issues to be argued.
the litigation of the issues and arguments.
the selection of jurors.

14.   Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court can
Answer
affirm, reverse, or remand all or part of the lower court’s decision.
only affirm or reverse all or part of the lower court’s decision.
only remand all or part of the lower court’s decision.
only reverse or remand all or part of the lower court’s decision.

15.  Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury
Answer
if Ike intended to push Joan.
Only if Ike did not intend to break Joan’s arm.
only if Ike had a bad motive for pushing Joan.
only if Ike intended to break Joan’s arm.

16.  Jaqy distributes a handbill among her neighbors accusing one of them –Ked– of being a convicted sex offender. The statement is defamatory only if
Answer
a neighbor repeats it.
Ked suffers emotional distress.
the statement is true.
the statement is false.

17.  Lew angrily accuses Mandy, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that gives rise to liability for fraud is normally based on a statement of
Answer
emotion.
fact.
opinion.
puffery.

18.  OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
Answer
appropriation.
conversion.
wrongful interference with a contractual relationship.
none of the above.

19.  Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella’s land. Doyle commits trespass if he
Answer
does not have Bella’s permission to drive on the property.
drives onto the property for recreational purposes.
harms the property in a material way.
harms the property in any way.

20.  Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of
Answer
a blameless individual.
a faultless ordinary person.
a reliable professional.
a reasonable physician.

21.  Copy Products, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Imitated Goods, Inc. Copy’s unauthorized use of the mark constitutes trademark dilution provided
Answer
consumers are confused.
Copy and Imitated are competitors.
Copy’s use is intentional.
Copy’s use reduces the value of Imitated’s mark.

22.  Ernie’s Good Eatin’ Cafe uses a distinctive decor, layout, menu, and style of service. This resturaunt’s image and overall appearance is
Answer
a certification mark.
a collective mark.
a service mark.
trade dress.

23.  Sights Unseen, Inc., (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Corporation later begins to sell scopes with identical setups of lenses and mirrors, without SUI’s permission, to consumers. This is most likely
Answer
copyright infingement.
patent infringement.
trademark infringement.
not infringement.

24.  Cathy uses, on her new recording Drive By, the exact note-for-note melody of a song written by Earl without his permission. This is
Answer
copyright infringement.
patent infringement.
trademark infringement.
a theft of trade secrets.

25.  Ross e-mails Super Snowboard Company’s marketing campaign to Winter Sports Corporation, Super’s competitor, without its permission. This is
Answer
copyright infringement.
patent infringement.
trademark infringement.
a theft of trade secrets.

26.  Vladimir is a “payday” lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is
Answer
a preponderance of the evidence.
beyond all doubt.
beyond a reasonable doubt.
clear and convincing evidence.

27.  Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense
Answer
insanity.
duress.
entrapment.
self-defense.

28.  Yvon is charged with the crime of theft for taking Zach’s briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense
Answer
if the fact was not reasonably made known to the public.
if the mistake negates the mental state necessary to commit a crime.
if the perpetrator was intoxicated.
under any circumstances.

29.  Bob is arrested at his home, after the police search it and seize certain property to be used as evidence. A judge sets Bob’s bail, as required by a state staute, and Bob is put on trial. The U.S. Constitution provides safeguards against all of the following except
Answer
arrests without probable cause.
excessive bail.
trying someone for a criminal offense.
unreasonable searches and seizures.

30.  Alan, the president of Bayside Investments, Inc., and Colin, Bayside’s accountant, are charged with a crime, after the police search Bayside’s offices. Under the exclusionary rule
Answer
certain Bayside records are excluded from subpoena.
certain parties to a criminal action may be excluded from a trial.
illegally obtained evidence must be excluded from a trial.
persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.

31.  Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer’s parking lot on suspicion of larceny. Herb must be informed of his right to
Answer
a trial by jury.
punishment.
question witnesses.
remain silent.

32.  GR8 Marketing Company and Hot Tunes, Inc., sign a document that states GR8 agrees to create a marketing campaign for Hot and Hot agrees to pay GR8 for the service. GR8 and Hot have
Answer
an executed contract.
an express contract.
an implied-in-fact contract.
a quasi contract.

33.  Nate tells Opal, “I might sell the skis that I bought last fall since I haven’t used them and the skiing season is almost over.” This is
Answer
an acceptance of an offer.
an invitation to accept an offer.
an offer.
a statement of future intent.

34.  Shelby offers to make digital copies of Relay Company’s business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule and the Uniform Electronic Transactions Act (UETA), Relay’s acceptance by e-mail will be considered effective when
Answer
received.
sent.
followed up by a confirmation letter sent by regular mail.
composed on a Relay computer.

35.  Mayfair Company offers to sell a certain mall to Galleria Stores, Inc., for a certain price if it accepts before 10 A.M. Monday. A contract is formed if Galleria’s acceptance is received
Answer
before 10 A.M. Monday.
before midnight Monday.
before twenty-four hours of 10 A.M. Monday.
within a reasonable time of 10 A.M. Monday.

36.  Intoxicated but fully aware of the consequences, Uri agrees to a two-year cell-phone service contract with Wander Talk, Inc., at more than the average market price. This contract is
Answer
enforceable.
not enforceable because contracting parties can change their minds.
not enforceable because the contract clearly favors Wander Talk.
not enforceable because Uri was intoxicated when he agreed to it.

37.  Jon agrees to sell his K9 Sports Equipment store to Lacy. As part of the sale, Jon promises never to open a similar, competing store anywhere. Jon’s promise is most likely
Answer
invalid because it is part of a sale of an ongoing business.
invalid because of the unreasonable terms of area and time.
valid because it is part of a sale of an ongoing business.
valid because Joh and Lacy apparently have the capacity to contract.

38.  McCall and Teresa enter into a contract for the distribution of McCall’s produce to local restaurants for which Teresa agrees to pay. McCall transfers his right to payment under the contract to Midtown Bank. This transfer is
Answer
a delegation.
an assignment.
a novation.
prohibited by law.

39.  Equity Company and Faye enter into a contract for Faye to cater a meeting of Equity’s shareholders. When Faye’s schedule conflicts, she asks Gudren to serve Faye’s coffee and pastries at the meeting. This transfer of duties is
Answer
a delegation.
an assignment.
a novation.
prohibited by law.

40.  Dina and Elle agree that Elle can satisfy a preexisting debt owed to Dina by paying the money directly to Fava. The designation of this contract as a third party beneficiary contract is determined by the intent to benefit
Answer
Dina, Elle, and Fava.
Dina only.
Elle only.
Fava only.

41.  Belle enters into a contract to subdivide and sell housing lots in Cole’s hillside field if Dell City annexes the property within the next year. Belle’s duty to perform is
Answer
absolute.
conditional.
illusional.
irresolute.

42.  Rally Corporation enters into a contract to sell ski gear to SnoSportz Company, which sells a pair of the skis to Tyra, a consumer, who later sells them to Uli, another consumer. Article 2 of the UCC applies to the sales transactions between
Answer
all of the buyers and sellers.
Rally and SnoSportz only.
SnoSportz and Tyra only.
Tyra and Uli only.

43.  Metro Daily and New City Newsstand enter into a contract under which Metro agrees to deliver a certain quantity of newspapers to New City each day.The contract does not include a price term. In a suit between the parties over the price, a court will
Answer
determine a reasonable price.
impose the lowest market price.
refuse to enforce the agreement.
return the parties to the positions they held before the contract.

44.  Office Equipment Leasing, Inc. (OEL), agrees to lease five computer workstations to Product Promotion Corporation (PPC). Before any interest in the workstations can pass from OEL to PPC, they must be
Answer
in existence and identified as the goods in the contract.
in existence only.
identified as the specific goods designated in the contract only.
none of the choices.

45.  Business Rental Corporation (BRC) and Cartage Trucking Company enter into a contract for a lease of ten hydraulic lifts. Under the perfect tender rule, BRC must ship or tender goods to the lessee that
Answer
approximately conform to all of the details of the contract.
entirely conform to the contract except in one or two details.
exactly conform to the contract in every detail.
substantially conform to the contract in most details.

46.  Screen Perfect, Inc., and TV Stores enter into a contract for a sale of high-definition television sets. Screen Perfect ships goods that do not exactly conform to the contract in some details. TV Stores
Answer
cannot reject the entire shipment.
can reject the entire shipment.
must accept the entire shipment.
must reject the entire shipment.

47.  Summit Supply Company contracts for a sale of medical equipment to Valley Immediate Care Corporation. Summit can enforce its rights to payment
Answer
only after Valley has actually inspected the goods.
only after Valley has had an opportunity to inspect the goods.
only before Valley has inspected the goods.
whether or not Valley has had the chance to inspect the goods.

48.  Dependable Appliances, Inc., and Elain center into a contract for a sale of kitchen appliances. Dependable, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably
Answer
fit for the buyer’s particular purpose.
fit for the ordinary purpose for which such goods are used.
suitable for resale at an acceptable price.
the best quality that money can buy.

49.  Open Country, Inc., makes grills, camp ovens, and other outdoor cooking appliances. Under the Restatement (Third) of Torts: Products Liability, Open Country could be liable for a warning defect if there is a foreseeable risk of harm posed by one of its products and
Answer
the omission of a warning renders the product not reasonably safe.
there is a reasonable alternative design.
there is a lack of care in making of the product.
none of the choices.

50.  Like other manufacturers and sellers, Happy Household Products Company packages its products with labels, Under federal law, such labels much be
Answer
accurate and use easily understood words.
bright and feature eye-catching colors.
graphically distinctive and well-designed.
interesting and revealing to the average consumer.

51.  On behalf of RiteNow Collection Agency, Sid poses as a police officer in an attempt to collect payment from Tylo for a shipment of scuba equipment that she returned to Undersea Company two months earlier. This violates
Answer
no federal law.
the Fair Credit Reporting Act.
the Fair Debt Collection Practices Act.
the Truth-in-Lending Act.

52.  To finance the purchase of a house from Tuna, Uri signs an instrument promising to pay to “Verity Mortgage Service” $160,000 with interest in installments with the final payment due July 10, 2040. To be negotiable, this instrument must include the signature of
Answer
a non-party witness.
Tuna or Tuna’s realtor.
Uri.
Verity’s chief financial officer.

53.  To finance the purchase of a car from Giant Auto Sales, Hoppy signs an instrument promising to pay to “Ideal Credit Union” $18,000 with interest in installments with the final payment due May 15, 2014. To be negotiable, this instrument must include on its face
Answer
any conditions on the sale of the car.
any conditions to the disbursement of the funds.
any conditions to the repayment of the loan.
no conditions.

54.  Ollie negotiates an order instrument to Phil by
Answer
assignment of its rights under a contract.
delivery with any necessary indorsement.
making an unconditional promise to pay.
presenting it in response to a demand by B.

55.  Vladimir negotiates a bearer instrument to Wendy by
Answer
assignment.
delivery.
presenting it in response to a demand by Wendy.
promising to pay.

56.  Jen makes a gift of a check to Kilroy who takes it in good faith and without notice of any claim, defense, or defect. With respect to this check, Kilroy is
Answer
an extraordinary holder in due course.
any ordinary check passer.
an ordinary holder.
an ordinary holder in due course.

57.  Kris presents an instrument that states “pay to the order of Liv” to Metro Bank for payment. This is a special type of draft on a bank, ordering the bank to pay a fixed amount of money on demand. This is
Answer
a certificate of deposit.
a check.
a debit card transaction receipt.
a trade acceptance.

58.  Summit Credit Corporation lends funds to Toby, a consumer, to apply to the cost of a sport utility vehichle (SUV), which is the collateral for the loan. An enforceable security interest also requires
Answer
a written agreement and Summit’s possession of the SUV.
a written agreement or Summit’s possession of the SUV.
the vehicle seller’s acknowledgement of the loan in writing.
Toby’s possession of the SUV.

59.  Select Furniture Store sells household consumer goods. To create a purchase-money security interest, Select Furniture must
Answer
assign, to a collecting agent, a portion of its accounts payable.
assign, to a collecting agent, a portion of its accounts receivable.
extend credit for part or all of the purchase price of the goods.
refer purchasers to a third-party lender.

60.  Quotient Financial Corporation is a secured party with a security interest in property owned by Retail Sales Company. Perfection of this security interest may not protect Quotient Financial against the claim of
Answer
a bank.
a buyer in the ordinary course of business.
a subsequent lien creditor.
a trustee in bankruptcy.

61.  Khali’s debt to Lew is past due. Lew obtains a judgement against Khali to collect the debt, but Khali refuses to pay. Lew asks the court to order Khali’s employer to pay a portion of Khali’s paycheck to Lew. This is a request for
Answer
an exemption from most federal limits on creditors’ actions.
an order of garnishment.
an order that would violate most state laws.
a right of contribution.

62.  Ian’s mortgage debt to Jeff is past due. Jeff brings a legal action against Ian to collect the debt. Jeff asks the court to order the sale of the mortgaged property and the payment of a portion of the proceeds to Jeff. This is a request for
Answer
a deficiency judgement.
a foreclosure.
a right of reimbursement.
redemption.

63.  Pola files a petition in bankruptcy. Pola’s non-dischargeable debts include
Answer
domestic-support obligations.
student loans if payment would impose undue hardship.
unpaid loans to finance home repairs.
unsecured credit-card debt.

64.  Delite Candy Company hires Elton to sell Delite’s products in a certain area. Delite agrees to pay Elton a salary, plus commission, for a trial period. They also agree that Elton can sell using any methods and during any hours that seem appropriate. The key factor in whether Elton is Delite’s employee is
Answer
the amount of Elton’s salary.
the control Delite has over the details of the work.
the length of the trial period.
the title that designates Elton’s position.

65.  Bob, a salesperson at a Carpets Galore store, tells Dita, a customer, “Buy your carpet here, and I’ll install it for half of what the store would charge.” Dita buys the carpet, which Bob installs for half the store’s price. Bob keeps the money. Bob has breached
Answer
no duty.
the duty of loyalty.
the duty of notification.
the duty of obedience.

66.  Based on Nan’s conduct, Odel reasonably believes that Poppy has the authority to act on Nan’s behalf even though Poppy does not have the actual authority to do so. In these circumstances, Poppy has
Answer
apparent authority.
express authority.
implied authority.
no authority.

67.  Clu serves in a representative capacity for Digger. Elmo is injured through Clu’s negligence. Digger may be liable to Elmo if Clu’s conduct occurred
Answer
due to a propensity Digger was not and could not have been aware of.
during normal working hours.
in the course and scope of Clu’s employment.
outside the parties’ employment relationship.

68.  Picabo drives a truck as an employee for Quik Delivery, Inc. Picabo would most likely be considered acting outside the scope of her employment if she
Answer
crashed into a car at the airport while off duty.
hit a pedestrian in a parking lot during a “working” lunch.
ran over an attendant at a gas station while refueling the truck.
smashed into a store-front while intoxicated on-duty.

69.  Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is
Answer
disparate-impact discrimination.
gender discrimination.
not discrimination.
reverse discrimination.

70.  Rona is Stu’s administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is
Answer
harassment on the basis of sexual orientation.
hostile-environment harassment.
not harassment.
quid pro quo harassment.

71.  Jim organized, and owns and operates, Jim’s Landscaping Service in the simplest form of business organization. This is
Answer
a corporation.
a limited liability company.
a partnership.
a sole proprietorship.

72.  Guy and Hanna do business as G-H Associates. If G-H is a partnership, it is governed by the Uniform Partnership Act
Answer
in the absence of an express agreement.
in the absence of an implied agreement.
only in the presence of an express agreement.
under all circumstances.

73.  Sabin and Tyler agree while talking on the phone to form a partnership. Their partnership agreement is legally binding
Answer
only if a third person knows of the agreement.
only if the agreement is reduced to writing.
only if the parties exchange valid consideration.
without more.

74.  Tundi is a partner in WooHoo! Amusement, a new partnership. A WooHoo! debt comes due. Tundi is
Answer
not liable for the debt.
only liable for the debt up to the amount of her capital contribution.
personally liable only to the extent other partners do not want to pay.
personally liable to the full extent of the debt.

75.  Rick and Sandy are limited partners in Total Profit Enterprises, a limited partnership. A limited partner has no right to
Answer
acquire an interest in the firm.
contribute property to the firm.
engage in activities independent of the firm’s business.
participate in the firm’s management.

76.  QuizBooks LLC is a limited liability company. Like any other LLC, unless QuizBooks chooses otherwise, the firm will be taxed as
Answer
a corporation.
a joint venture.
a partnership.
a sole proprietorship.

77.  Niki owns O.K. Oil Corporation. Niki uses O.K.’s funds to pay her personal expenses, creates Pure Fuel Corporation to engage in the same business as O.K., transfers O.K.’s assets to Pure Fuel, and petitions O.K. into bankruptcy. This most likely warrants
Answer
a bonus to Niki for financial maneuvers.
a discharge for O.K. in bankruptcy.
a piercing of O.K.’s corporate veil.
a review of Pure Fuel’s articles of incorporation.

78.  Cara and Dru are officers of EZ Trucking Corporation. As corporate officers, the rights of Cara and Dru are
Answer
determined by their employment contracts.
specified in state corporations statutes.
the same as those of the directors.
the same as those of the shareholders.

79.   Nina is a director of Olivia’s Olives, Inc. Under the standard of due care owed by directors of a corporation, Nina’s decisions must be
Answer
ambiguous and questionable.
arguable and defensible.
informed and reasonable.
perfect and unassailable.

80.  Luke is a director of Motor Parts Corporation. Luke makes decisions with respect to Motor Parts in good faith, in what he believes is the firm’s best interest, and without violating any duties owed to it. If, despite these circumstances, Luke exercises poor business judgment, under the business judgment rule Luke is
Answer
immune from liability.
liable only to the extent that he gains as a result.
liable only to the extent that Motor Parts suffers as a result.
wholly liable.

81. Natalie is a shareholder of Off-Road Vehicle Company. As a shareholder, Natalie does not have
Answer
a right to compensation.
dividend rights.
inspection rights.
preemptive rights.

82.  Frothy Beverage Corporation is a public company whose shares are traded in the public securities markets. Under the Securities Act of 1933, Frothy is required to
Answer
contribute to the operations of national stock exchanges.
disclose financial and other information about its securities.
engage in market surveillance to deter undesirable practices.
solicit proxies for voting.

83.  GR8 Stuf Company files a registration statement with the SEC before making an offering to the general public. The registration contains false, immaterial statements of which the investors are unaware. GR8 Stuf is charged with violating the Securities Act of 1933. GR8 Stuf’s best defense is
Answer
the investors were not aware of the mispresentations.
the issuer reasonably believed the misstatements were true.
the offering was made available to the general public.
the untrue statements were not material.

84.  Lexy, a salesperson for My-T-Fine Corporation, learns that My-T-Fine will increase the dividend it pays to shareholders. Lexy buys 10,000 shares of My-T-Fine stock.  When the price increases, Lexy sells the shares for a profit. Lexy would not be liable for insider trading if the information about the dividend was
Answer
material when she sold the stock.
public after she bought the stock.
public before she bought the stock.
speculative when she bought the stock.

85.  North Mining Company and South Excavation Company agree to abide by the decisions of East Coast Financial Corporation as to their respective levels of production, markets, and prices, effectively reducing competition and increasing profits. This is most likely
Answer
a common, legal, time-honored type of business arrangement.
an illegal restraint on trade.
an innovative, legally efficient approach to doing business.
an outdated, but legal business trust.

86.  Congress enacts a statute to outlaw a specific type of anticompetitive business agreement. Like other laws that regulate economic competition, this law is referred to as
Answer
a federal trade commission act.
an antitrust law.
an interstate commerce act.
a suppressive restraint on trade.

87.  Thermo Gas, Inc., and Uno Oil Corporation refine and sell gasoline and other petroleum products. To limit the supply of gas on the market and thereby raise prices, Thermo Gas and Uno Oil agree to buy “excess” supplies from dealers and “dispose” of it. This is
Answer
a horizontal restraint.
a lateral restraint.
a vertical restraint.
not a restraint.

88.  The Association of Software Makers, which does not include all software producers, refuses to deal with any parties who do not carry the products of its members. Under the Sherman Act, this is
Answer
a per se violation if it eliminates competition or prevents entry into a given market.
a per se violation under all circumstances.
subject to the rule of reason.
not a violation.

89. Imperio Caffeine Corporation makes  and sells coffee under a variety of brand names. Imperio wants to merge with Java Company, its main competitor. In weighing a challenge to the deal, a court looks at the relevant product market. This most likely includes coffee and
Answer
no other products.
products that are not identical but are related, such as spin-offs.
products that are reasonably interchangeable.
products with identical attributes only.

90.  By contract, Quality Metals Corporation forbids Resource Refining, Inc., a wholesale buyer of Quality products, from purchasing the products of Quality’s competitors. This is allowed
Answer
under any circumstances.
unless its effect is to cause a competitor a loss of any business.
unless its effect is to sustantially lessen competition.
unless there is no effect on a competitor.

91.  GR8 Stores, Inc., hires Haul-Way Company, a common carrier, to transport fifty large-screen HDTVs from San Diego to Phoenix. En route, a pothole causes the truck to crash, damaging the goods. Liability for the damage most likely rests with
Answer
GR8 Stores and Haul-Way.
GR8 Stores only.
Haul-Way only.
neither GR8 Stores nor Haul-Way.

92.  Dhani is the beneficiary of a life insurance policy on Elmo’s life obtained from Famed Insurance Company. The insured under this policy is
Answer
Dhani.
Elmo.
Famed.
the agent or broker through whom the policy was obtained.

93.  Ginny obtains a health-insurance policy for her family from Hope Insurance Company. The policy includes an incontestability clause. Under such a clause, after a policy has been in force for a specified period or time, such as two or three years
Answer
Ginny cannot contest Hope’s insurable interest.
Ginny cannot contest Hope’s refusal to pay a claim under the policy.
Hope cannot contest Ginny’s eligibility for continued coverage.
Hope cannot contest Ginny’s statements in the application.

94.  Speedy Shipping Corporation applies to TransInsurance Company for a fire insurance policy on Speedy’s warehouse. On the application, Speedy misrepresents the age of the property to obtain a lower premium. When a fire soon destroys the warehouse, TransInsurance can
Answer
deny payment, because a fire destroyed Speedy’s warehouse.
deny payment, because of Speedy’s fraud in the application.
not deny payment, because a fire destroyed Speedy’s warehouse.
not deny payment, because the application is not part of the policy.

95.  Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita’s brother Elvin owns everything else on the farm- implements, seed, and so on. The real property is owned by
Answer
Chita and Elvin.
Chita only.
Downwind Farm.
Elvin only.

96.  Patsy possesses twenty-four acres of remote, rugged land. Patsy has the right to use the property, including extracting silver from an existing mine, for life. Patsy also has the right to lease the land for a period not to exceed her life. Patsy’s ownership interest is
Answer
a fee simple absolute.
a leasehold estate.
a life estate.
the power of eminent domain.

97.  Debris Disposal Center operates a recycling plant. Edwin and other Debris neighbors file a suit, alleging injuries from the plant. To succeed, they must show that Debris failed to use reasonable care if the suit is based on
Answer
a negligence theory.
a nuisance theory.
any legal theory.
a strict liability theory.

98.  Midwest Power Corporation wants to build a nuclear power plant on private land, for which a federal permit is required. For this action, an environmental impact statement is
Answer
prohibited.
required.
unnecessary.
voluntary.

99.  Hydraulic Equipment Company makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Idle Lake. This activity can result in
Answer
a criminal fine or imprisonment only.
a criminal fine, imprisonment, or an injunction only.
a criminal fine, imprisonment, an injunction or damages.
an injunction only.

100.  Metro City operates its own municipal public drinking water system. With regard to pollutants, this system is primarily subject to
Answer
the migratory bird rule.
the Oil Pollution Act.
the Rivers and Harbors Appropriations Act.
the Safe Drinking Water Act.