LAW 421 Final Exam

LAW 421 Final Exam 1) Which legal process does not require a hearing officer’s decision? 2) Describe jurisprudence: 3) The state of California is requiring all commercial trucks to get special windshield wipers installed at a price of $1,000 a pop. It’s supposed to increase safety, but this has not been fully proven. Trucks will have to go around the state to avoid the law. Is this law valid or invalid? 4) Where does the power of preemption come from? 5) Name a major issue with international courts? 6) In the United States, who typically pays the cost of litigation when it comes to the plaintiff and defendant? 7) How is torts law governed? 8) Assumption of risk can be used as a defense for which claim? 9) What does the swoosh symbol on Nike shoes represent? 10) What does a unique shape or color of a product represent? (For example, the shape of a Coca-Cola bottle) 11) What is Cybersquatting? 12) The Digital Millennium Copyright Act (1998) does NOT do the following… 13) Carlos was taking a nap and when he work up he noticed is pool was cleaned and his lawn was mowed. A few hours later a man named Doug showed up and asked for payment. Does Carlos need to pay for the work? 14) A promise can ONLY be accepted by the performance of the party to whom it is offered is what type of contract? 15) What is NOT a discharge by mutual consent? 16) Buck is shopping for assault rifles and agrees to buy an AR-15 for $1,500. The following day, president Obama signs a law that bans assult rifle ownership in the US. What happens to the contract? 17) What award is rarely given in contract cases? 18) What is an example of an equitable remedy? 19) Provide an example of something that is not tangible: 20) How does consideration differ in UCC (Universal Commercial Code) when compared to state common law? 21) The Universal Commercial Code UCC will allow incomplete contracts, except for the following: 22) Two international firms have entered into a contract for the sale of goods, but have not done business before. UCC law allows gap fillers to fix these issues, except in the following situation: 23) What term is used when a buyer rejects low quality goods and purchases the appropriate goods from a different seller? 24) Disclaiming a warranty does not require which of the following? 25) “What if everyone took these same actions” is commonly cited as what type of legal approach? 26) Who founded the utilitarian approach to law and philosophy? 27) Bernie operates an investment firm, however, it is not making enough returns to pay of all his investors. He starts using funds from new investors to pay off old investors. What illegal activity is he engaging in?