1. Identify the U.S. federal law, originally passed in the 1800's, that, among other things, imposes criminal...

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Question:

1. Identify the U.S. federal law, originally passed in the 1800's, that, among other things, imposes criminal sanctions for agreements in restraint of trade and for misuse of monopoly power

_____________________________________

2. Identify three product warranties recognized by the UCC with their definitions.

a. _____________________________________

b. _____________________________________

c. _____________________________________

3. The Contracts Disputes Act specifies several forums (i.e., courts) to which a contractor can take a claim arising from the performance of a US Government contract the contractor already holds.Name the two forums to which a contractor can choose to bring a contract claim against the Government.

a. _____________________________________

b. ____________________________________

4. What action must a government contractor always take before taking a contract dispute over $100,000 to one of the judicial forums identified in Question 3?

a. Send the claim via email.

b.Notarize the claim.

c.Certify the claim as required by the FAR.

d. Send the claim by registered mail.

e. None of the above

5. Not including the procuring agency itself, name the two forums to which a bidder on a federal procurement can lodge a bid protest?

a. _____________________________________

b. _____________________________________

6. Under the FAR, there are a number of cost-reimbursement contracts that a contracting officer can legally use. Name two

a. ____________________________________

b. ____________________________________

7. For the State of Maryland, research the organization of that state’s courts and the federal courts that cover the state. Then provide the following answers:

a. The name of Maryland’s highest state court:________________________________

b. The name of the federal district court “covering” Baltimore – be specific:

_____________________________________

c. The number designation of the US Circuit Court of Appeals covering Maryland: ____

8. In the event that the parties to a contract fail to include a delivery provision, the “gap filling” provisions of the UCC will deem the delivery will be made:

a. At the nearest warehouse

b. At a convenient train station

c. FOB Buyer’s location

d. None of the above

9. The Federal Acquisition Regulation describes the underlying principle of all US Government procurements. That principle is:

a. Secretive competitive procurement

b. Full and open competition

c. Discretional and competitive

d. Lowest price wins, so there!

10. Using LexisNexis, find Stewart Glass & Mirror, Inc. v. U.S. Auto Glass Disc. Ctrs., Inc. , 200 F.3d 307 (5th Cir. 2000). Based on your understanding of legal citation and a quick review of the case (1 point for each answer):

a. In the case citation, what does the “200” represent? _______

b. What is the “5 ^th Cir.”?_______________________________

c. Specify the name of the name of the judge who wrote the opinion. ____________

d. What primary federal law does the case fall under? ________________________

e. What does the court decide relative to the Plaintiffs’ claims under that federal law

_____________________________________________________________________

11. You are the lawyer for Ginormous Diversified Conglomerate Inc. (GDCI). Your case for breach of contract in the Federal District Court, Eastern District of Massachusetts, against Not So Big LLC (NSBL) was decided in NSBL’s favor. To what court do you now appeal?

a. Massachusetts Supreme Judicial Court

b. US Supreme Court

c. 25 ^th Court of Appeals, Alaska

d. 1 ^st Circuit Court of Appeal

e. None of the above.

12. Mr. Greenjeans, a barbecue dealer in North Dakota, entered into an sales contract for the purchase of 500 new alligator barbecues from Captain Kangaroo, Inc. The contract specifically applies the law of Louisiana. After the delivery of 250 units, Mr. Greenjeans has discovered that the barbecues start to melt after five to 10 uses. In filing a lawsuit against Captain Kangaroo and based on your research of Article 2 of the UCC, Mr. Greenjean’s attorney will find that:

a. The UCC does not apply because this is a services contract.

b. Article 2 of the UCC has not been adopted by Louisiana.

c. The CISG will actually apply, not the UCC.

d.Article 2 of the UCC will apply.

e. None of the above.

13. Which of the following is/are a method or methods to transfer risk from the buyer to the seller?

a. Consideration

b. Litigation

c. Contract terms.

d. All of the above.

e. None of the above.

14. Blueman Group is working on a contract to buy its own theater in Las Vegas from Elmer Fudd, a not-so-well known Las Vegas property owner. Elmer Fudd has asked $5 Million for the property. Blueman Group’s lawyer has made an offer of $2.5 Million. So far, you know no contract yet exists because of one of the key element of a contract is missing. That element is:

a. Offer

b. Counteroffer

c. Consideration

d. Acceptance

e. None of the above.

15. Joe Palooka has been appointed as a sales agent for his company, Pretty in Pink (PIP). Frustrated with his low commissions, Joe independently obtained his own supplier of pink tutus that he sells for PIP. When he makes sales calls, he offers both types of tutus, but his own tutus are lower in price and, most importantly, he keeps all of the profit. In offering his own tutus, Joe has violated which critical obligation that an agent owes to his principal?

a. Duty of Confidentiality

b. Duty to make big bucks

c. Duty of accountability

d.Duty of loyalty

16.

[US Government Contracting Officers are specifically appointed as agents for the Government. What is the manner in which Contracting Officers receive such power?

a. A commissio

b. A letter

c. A phone call

d. An email

e. None of the above.

17.

Bilbo T. Baggins had a car wreck, and just signed a settlement agreement with the other driver’s insurance company, Middle Earth Mutual. In exchange for promising not to sue Middle Earth’s insured, Bilbo had to also promise not to sue either party. In this example, which key element of contract does Bilbo’s promise not sue represent?

a. Consideration

b. Good sense

c. Offer

d. Capacity

e. All of the above

18. W.T. Sherman loved cigars, and was tired of paying high prices for them. He Googled “cigars” and found a company that would sell him cigars in bulk. Sherman called, ordered 500 cigars for $5,500, and provided his credit card. When he lit up the first cigar, he was upset to find that the cigar tasted horrible despite allegedly being his favorite brand. Feeling burned (pun intended), Sherman called his lawyer, and asked for legal advice as his credit card company would not block the transaction. His lawyer will have to advise Sherman that:

a. Cigars cannot be sold by telephone in the United States, so he has no claim.

b.Since he had no written contract, Sherman will have a very difficult time suing under the UCC due to something called the “Statute of Frauds.

c.Sherman should quit smoking.

d. Sherman can file suit for actual and punitive damages

19. Buyer Bobbie Sue and Seller Billy Bob are disputing the delivery of products called for under their contract. Bobbie Sue says that the products that she pre-paid for do not conform to the requirements of the contract, but Billy Bob refuses to refund the payment or replace the products. Bobbie Sue and Billy Bob have tried to work out their differences through negotiation, but cannot come to an agreement. This has resulted in a contract dispute. Briefly explain the dispute resolution options available to Bobbie Sue and Billy Bob to avoid litigation, and the primary benefits of each option.

20. This is a multipart question. The Federal Acquisition Regulation actually explicitly applies the law of contracts that we have been studying to the simplified acquisition process. Using that policy direction, which step is considered the offer

a. the vendor’s quotation, or

b. the order issued by the Government

What step is required to form a binding contract? ________________________________

What is the CFR reference for this policy? _________________________________