Joe went to a music store; misrepresenting himself as James to the store attendant. He buys a plasma television on credit, charging it to James's account. He then sells that set to Mike. Mike buys the set in good faith. Which of the following is true in such cases?

(Points : 1)

A.	The store person can restore the TV from Mike.

B.	James can recover the TV from Mike.

C.	Mike will be held liable by the court for possessing stolen item.

D.	Mike will hold a good title; hence no harm can be caused to him.

Question 2.2. An accountant who substantially performs her duties to her client triggers the client's duty to pay the contract price less any damages resulting from defects in her performance. (Points : 1)

True
False

Question 3.3. The Fourth Amendment to the U.S. Constitution requires that officers of the government may not conduct:
(Points : 1)

any searches or seizures of individuals' real or personal property.

any searches or seizures of individuals' real property.

any searches or seizures of individuals' personal property.

any unreasonable searches or seizures of individuals' real or personal property.

Question 4.4. A and B have made a contract with an enforceable liquidated damages provision that states that B's recovery will be $10,000 in the event of A's breach. A breaches the contract, and B loses $50,000 in consequential damages as a result. B's recovery is limited to $10,000. (Points : 1)

True
False

Question 5.5. When a judge's sentencing decision is challenged on appeal, the governing standard will be one of reasonableness.
(Points : 1)

True
False

Question 6.6. In a _____ contract, the goods are delivered to the buyer primarily for resale with the understanding that the buyer has the right to return them.

(Points : 1)

A.

sales

B.	buy and sell

C.	sale or return

D.	supply of goods

Question 7.7. The Fifth Amendment guarantees indigent defendants the right to court-appointed counsel.
(Points : 1)

True
False

Question 8.8. Winston contracts to sell a plot of land called Blackacre to Pusey for $500,000. Winston breaches the contract and Pusey sues. Blackacre's reasonable market value at the time of the breach was $525,000. Pusey can recover: (Points : 1)

Nothing, for he hasn't really suffered any harm.
Nothing, because specific performance is his only remedy here.
$25,000.
$500,000.

Question 9.9. Behavior that strongly suggests that a party will not perform his obligations under a contract cannot ever be a material breach, because this would unfairly penalize a party who, after all, may later be able to perform. (Points : 1)

True
False

Question 10.10. When a court in a criminal case applies the exclusionary rule to certain evidence, this means that:
(Points : 1)

the case will be dismissed

the defendant will be convicted

the evidence will be admitted at trial

the evidence will not be admitted at trial

Question 11.11. Kim was accused of securities fraud. During the government investigation, Kim destroyed relevant documents. Under 2002 federal legislation, Kim:
(Points : 1)

may be civilly but not criminally liable for the destruction of documents.

may face fines but not prison for the destruction of documents.

may face fines and a maximum of twenty years in prison.

may be considered a 'whistleblower.'

Question 12.12. If the Uniform Commercial Code recognizes the fact that the parties to sales contract frequently omit terms from their agreements or state ambiguous terms, then the Code:

(Points : 1)

A.	can fill in the blanks with reference to common trade practices.

B.	has no power to fill in the blanks.

C.	declares such a transaction as a void one.

D.	penalizes both parties for such lacunae.

Question 13.13. Voluntary intoxication usually serves as a complete defense to criminal liability.
(Points : 1)

True
False

Question 14.14. Strict liability offenses:
(Points : 1)

dispense with the requirement of proof of any criminal intent on the part of the defendant.

are so classified because the punishments imposed on violators are especially harsh in comparison to the punishments for other criminal offenses.

impose liability on a defendant for the act of another party.

are commonly criticized on the ground that a person may not be convicted of such an offense without being shown to have committed a wrongful act.

Question 15.15. In Exclusive Dealing Contracts, sellers have an obligation to use their best efforts to supply the goods to the buyers.

(Points : 1)

True
False

Question 16.16. In a "mixed" contract for the sale of both goods and services, the court will apply the contract rules of the UCC or of the common law, depending on whether:
(Points : 1)

A.	the contract price of the goods portion of the contract is $500 or more.

B.	the contract is in writing.

C.	the predominant purpose of the contract is goods or services.

D.	the parties are both merchants.

Question 17.17. Which of the following is not a complete defense to criminal liability?
(Points : 1)

Intoxication

Voluntary intoxication

Infancy

Insanity

Question 18.18. Abe took his bicycle to a bicycle shop for repair. By mistake, a sales clerk sold Abe's bike to Leon. This was a sale in the ordinary course of business; neither the clerk nor Leon was aware that the bike belonged to Abe. Can Abe recover his bike from Leon?

(Points : 1)

A.	Yes, because title was never transferred to the bike shop.

B.	Yes, because Abe never agreed to sell his bike.

C.	No, because Abe entrusted his bike to the bike shop.

D.	No, because all sales by a merchant transfer clear title to a good-faith buyer

Question 19.19. What is the standard of proof that the plaintiff must satisfy in a tort case?
(Points : 1)

Preponderance of the evidence

Beyond-a-reasonable-doubt

Benefit of assumption

Burden of proof

Question 20.20. Which of the following factors is most important in deciding who bears the risk of loss between merchants when goods are destroyed during shipment?

(Points : 1)

A.	The agreement between the parties.

B.	Whether the goods are perishable.

C.	Who has title at the time of the loss.

D.	The terms of applicable insurance policies.

Question 21.21. Does the Computer Fraud and Abuse Act provide relief in a suit of misappropriation of trade secret information?
(Points : 1)

Yes, because damage has accrued to the plaintiff due to misappropriation of trade secret information.

Yes, because loss has accrued to the plaintiff due to misappropriation of trade secret information.

No, because neither damage nor loss has occurred to the plaintiff due to misappropriation of trade secret information.

No, because the plaintiff has not suffered any loss from the alleged misappropriation of trade secret information.

Question 22.22. Cey Corp. entered into a contract to sell parts to Deck, Ltd. The contract provided that the goods would be shipped "FOB Cey's warehouse." Cey shipped parts different from those specified in the contract. Deck rejected the parts. A few hours after Deck informed Cey that the parts were rejected, they were destroyed by fire in Deck's warehouse. Cey believed that the parts were conforming to the contract. Which of the following statements is correct?
(Points : 1)

A.	Regardless of whether the parts were conforming, Deck will bear the loss because the contract was a shipment contract.

B.	If the parts were nonconforming, Deck had the right to reject them, but the risk of loss remains with Deck until Cey takes possession of the parts.

C.	If the parts were conforming, risk of loss does not pass to Deck until a reasonable period of time after they are delivered to Deck.

D.	If the parts were nonconforming, Cey will bear the risk of loss, even though the contract was a shipment contract.

Question 23.23. Public figure Pam sues a newspaper for defamation based on statements regarding her stand on a public issue. Pam must prove the newspaper

Answer rating: 100% (QA)

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