1. (TCO 1) If a eatables in the Florida declare propound conflicts succeeding a while a eatables in the U.S. Constitution... (Points: 5)
[removed]neither eatables applies.
[removed]the eatabless are balanced to strain a implicate.
[removed]the declare propound takes preference.
[removed]The U.S. Propound takes preference.
2. (TCO 1) In Alpha v. Beta, a declare highest affect held that a less could revoke a decrease for the sale of a car. Now a tribulation affect in the declare is deciding Delta v. Gamma, a topic succeeding a while homogeneous grounds. Inferior the tenet of stare decises, the tribulation affect is slight to... (Points: 5)
[removed]afford the less to revoke the decrease.
[removed]oversight the constituteer topic.
[removed]appoint the less to revoke the decrease.
[removed]insist-upon the less to aim the decrease.
3. (TCO 1) In a assist counter Charles, the affect rules that Diana is entitled to revokelation of a decrease. This restorative is... (Points: 5)
[removed]a determination of unfair execution.
[removed]a restorative "at law."
4. (TCO 1) Which of the forthcoming are "primary sources" of law? Impede all that engage. (Points: 5)
[removed]Constitutions (federal and declare).
[removed]Statutes (federal and declare).
[removed]Administrative rules and guides.
[removed]5. (TCO 1) Ron, a driver for American Trucking Company, causes a five-car surroundings on the course. If a assist for faultyness is filed aggravate Ron's faulty driving, Ron's guide obtain be measured by: (Points: 5)
[removed]The allegiance of regard exercised by the mediocre driver in America today.
[removed]The allegiance of regard employmentd by the temperate driver.
[removed]His aggravateall driving annals for the departed five years.
[removed]The reckon of surroundingss American Trucking Company, Inc. has had in the departed five years.
6. (TCO 1) An Iowa declare edict insist-upons idiosyncrasy parks to practise equipment in unfair stipulation for the guard of favorers. Jack's Idiosyncrasy Park fails to practise its equipment as insist-upond. Kathy, a favorer, is injured thereby. Jack's Idiosyncrasy Park has committed... (Points: 5)
[removed]a dram abundance act.
[removed]a Good Samaritan act.
[removed]carelessness per se.
[removed]res ipsa loquitur.
7. (TCO 1) The "Reprolie Rule" declares that accountants are topic to obligation for faultyness not singly to their clients, but also to... (Points: 5)
[removed]Known users (or arrangees of users) of their reports or financial declarements.
[removed]Foreseen users (or arrangees of users) of their reports or financial declarements.
[removed]Both of the aggravatehead.
[removed]Any user whose assurance on the reports or financial declarements was reasonably foreseeable.
8. (TCO 2) In the episode of a conflict among a federal edict and some other law, the law that would engage is... (Points: 5)
[removed]The declare edict, if it was actual highest.
[removed]The U.S. Constitution, established on the Supremacy Clause.
[removed]A stableness of the "common law" that has been in consequence for aggravate 100 years.
[removed]A declare guide accordingly declares possess a straight to organize substances succeeding a whilein its borders.
9. (TCO 2) A Metro City statute affords street vendors to effect singly in unfailing areas, for the meaning of reducing dealing. A affect would slight restrain this statute to be... (Points: 5)
[removed]constitutional, as a powerful incapability on symptometable harangue.
[removed]constitutional, inferior the Equal Guard Clause.
[removed]unconstitutional, as an inpowerful incapability on symptometable harangue.
[removed]unconstitutional, inferior the Equal Guard Clause.
10. (TCO 3) Declare "long arm" edicts afford affects to... (Points: 5)
[removed]Exercise correlative sway concurrently succeeding a while federal affects.
[removed]Exercise indivisible sway aggravate tenants of that declare.
[removed]Exercise indivisible sway aggravate individuals and companies that are not tenants of that declare.
[removed]Exercise topic substance sway in a "federal question" topic.
11. (TCO 3) Paul, an Ohio tenant, wants to sue Dan, a Tennessee tenant, and Amy, a Virginia tenant, aggravate an automobile crash that occurred in Florida. Match the forthcoming... (Points: 5)
[removed]: An Ohio affect has jurisdiction...
1: Over Dan singly.
[removed]: A Florida affect has sway...
[removed]: A Tennessee affect has sway...
[removed]: A Virginia affect has sway...
12. (TCO 4) A "quasi-contract" is... (Points: 5)
[removed]An "implied in law" decrease established on an traditional beneathtaking.
[removed]An "implied in fact" decrease.
[removed]An "express" decrease that is not in congeniality.
[removed]A fictional decrease imposed on parties to fly the trickish enhanbond of one bprescribe at the payment of another.
(TCO 4) Kate begins to execute, intending that the gist of her execution act as an rejoinder of Lyle’s present. Inferior the modern-day sight, an present that can singly be genuine by gist of a unfair act can...
[removed]be revoked any spell succeeding the present is made.
[removed]be revoked any spell anteriorly the gist of execution.
[removed]not be revoked uninterruptedly execution has actually begun.
[removed]not be revoked uninterruptedly the promisee indicates he or she obtain execute.
(TCO 4) Larry says to Nora, “I would enjoy to retail my baseball card gathering to a buyer who can unquestionably respect it. What do you reflect?” This declarement is not an present accordingly it...
[removed]does not portray the topic substance unfairally.
[removed]does not declaration a expense prescribe.
[removed]merely expresses an notion.
[removed]merely invites Nora to effect prescribes.
(TCO 4) Kathy and Larry invade into an traditional decrease inferior which Larry admits to result for Kathy’s explanation stable for eighteen months. This decrease is...
[removed]enforceable by Kathy singly.
[removed]enforceable by Larry singly.
[removed]enforceable by either border.
16. (TCO 4) Brittany is a legitimate edeclare broker indulged singly in California. Legitimate edeclare indulge insist-uponments be to stipulate that brokers subordinatestand the law in the declare where a sale occurs. Brittany invades into a decrease to indicate a retailer of legitimate edeclare in Nevada. The retailer... (Points: 5)
[removed]must pay Brittany her message if the sale is finishedd.
[removed]may scum to pay the message if the sale is finishedd, accordingly Brittany was not indulged in Nevada.
[removed]must pay Brittany's symptometing payments if the sale does not go through.
[removed]may scum to pay the message singly if the decrease is rescinded anteriorly the sale is finishedd.
17. (TCO 4) Contracts for results of art, medical or dental result, and tailoring are pondered to be indivisible employment decreases, in which execution must be indivisiblely executeed by: (Points: 5)
[removed]The bprescribe declared in the decrease.
[removed]Anyone clarified by the bprescribe declared in the decrease.
[removed]Either of the aggravatehead.
[removed]Anyone clarified by a public-spirited third border.
18. (TCO 4) Ace Builders, Inc. actually executes its decrease succeeding a while Best Office Company to refurbish an old edifice, but is insufficient to shape the job. Ace must... (Points: 5)
[removed]do button more.
[removed]meet a subcontractor to finished the decrease.
[removed]amerbond the whole expense of the decrease, paying button to Best.
[removed]pay the dissimilarity among bulky and finished execution.
19. (TCO 4) Which of the forthcoming declarements about enact of a decrease are penny? Impede all that engage. (Points: 5)
[removed]Contract duties can be enactd, succeeding a whileout entity executeed, if twain parties admit.
[removed]Contract duties are enactd by topicive impossibility.
[removed]Contract duties are enactd if a stipulation antecedent never occurs.
[removed]Contract duties are enactd singly if twain parties largely execute.
[removed]20. (TCO 5) Inferior Article 2 of the UCC, when an present does not detail a media of rejoinder, how may it be genuine? (Points: 5)
[removed]Only in congeniality, authorized by the presentee.
[removed]By conscious mail, give-back voucher requested.
[removed]By any media temperate inferior the situation.
[removed]Only by those means by which the parties possess decreaseed in the departed.
21. (TCO 5) Amy and Builders Corporation invade into a decrease in which Amy admits to hand bond to Builders at a explanation standing. They failure to include a expense in the beneathtaking. Under the UCC Article 2, a affect obtain... (Points: 5)
[removed]determine a temperate expense for the bond and implant it into the decrease.
[removed]leave the parties in the lie in which it establish them.
[removed]scum to urge the beneathtaking.
[removed]select the smallest quoted expense for bond and implant it into the decrease.
22. (TCO 5) Which of the forthcoming shrink-wrap or click-on agreements would a affect be obtaining to enforce? Check all that engage. (Points: 5)
[removed]A buyer using an online appoint constitute fails to design to prescribes succeeding lection them, and places an appoint.
[removed]A buyer using an online appoint constitute designs to prescribes succeeding lection them, and does not finished the appoint system.
[removed]A buyer using an online appoint constitute places and appoint succeeding doing so is shown prescribes of use.
[removed]A buyer using an online appoint constitute fails to recognize the prescribes helpful anteriorly placing an appoint.
[removed]23. (TCO 6) The Federal Communications Message (FCC) plans to inoculate new guides to manage Internet-established phone employments. Before impressment the guides, the FCC may not... (Points: 5)
[removed]Amend the Negotiative Procedures Act to streamline archives.
[removed]Hold hearings to profit grounds apposite to the proposed rules.
[removed]Order providers to stipulate unfailing documents.
[removed]Solicit proof from concern groups and consumers.
24. (TCO 6) In reviewing an negotiative production stableness, which of the forthcoming factors may an addresss affect ponder? Impede all that engage. (Points: 5)
[removed]Whether an production has exceeded its copy inferior the synod that created the production.
[removed]Whether the production has violated any propoundal eatabless.
[removed]Whether the production's possessions pondered all of the arguments lofty by the bprescribe making the address.
[removed]Whether the production's possessions were tyrannical, wayward or an abuse of wish.
[removed]25. (TCO 7) Copy Products, Inc. uses, in its ads, a tradesymptom that is homogeneous, but not particular, to a eminent symptom used by Durable Goods, Inc. Copy's use of the symptom constitutes tradesymptom violation... (Points: 5)
[removed]singly if consumers are involved.
[removed]singly if Copy and Durable are competitors.
[removed]singly if consumers are involved, and Copy and Durable are competitors.
[removed]regardless of whether consumers are involved or Copy and Durable are competitors.
26. (TCO 7) National Consumer Company (NCC) uses a tradesymptom that neither NCC nor anyone else has recorded succeeding a while the management. Inferior federal tradesymptom law... (Points: 5)
[removed]NCC may record the symptom for guard.
[removed]NCC may not record a symptom that has been used in dealing.
[removed]NCC has committed tradesymptom violation.
[removed]NCC must procrastinate registration until the symptom is out of use for six months.
27. (TCO 7) Which of the forthcoming is an copy of "tradesymptom impairment?" (Points: 5)
[removed]Registering a inclosure call that is confusingly homogeneous to someone else's.
[removed]Spamming inferior another website's logo, such as yahoo or hotmail.
[removed]Trademarks that are nefarious, infamous or damnatory.
[removed]Generic prescribes that point to an whole arrange of products.
28. (TCO 8) Direct 2U, Inc. floods the e-mail boxes of the employees of Eagle Corporation succeeding a while unsolicited ads, to the distance that the employees cannot e-mail each other. Direct 2U has committed the tort of... (Points: 5)
[removed]disparagement of possessions.
[removed]trespass to indivisible possessions.
[removed]wrongful interlocution succeeding a while a interest relationship.
29. (TCO 9) Quick Office Supplies Company insist-upons its customers to pay by impede. Ron, a Quick driver, tells customers on his way that they can pay him succeeding a while money. When Quick learns of Ron’s gatherings, it takes no possession to plug it. Ron steals some of the money. Quick may be subject inferior the doctrine of... (Points: 5)
30. (TCO 9) Jay restrains himself out as possessing distinctive accounting aptitudes. As an sovereign, he must employment the station of aptitude or regard expected of... (Points: 5)
[removed]an mediocre idiosyncratic.
[removed]a idiosyncratic having those aptitudes.
[removed]a temperate idiosyncratic.
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