1- Pete's attorney, Honest John, "borrowed" (stole) Pete's deposit from the client trust fund in order to book a one-way trip to Kaliningrad (Russia). What crime?

Select one:

a.

Robbery

b.

Larceny

c.

Embezzlement

d.

None of the other answers

2- Pete's wife Trudy has discovered that she is a great artist, and has begun producing paintings, jewelry, photographs and greeting cards. Trudy wants to seek copyright protection for her art. Which of these items are subject to copyright registration?

Select one:

a.

Only the greeting cards

b.

The greeting cards and paintings

c.

The greeting cards, paintings and photographs

d.

The greeting cards, paintings, photographs and jewelry

3- On Monday, Harry makes a written offer to buy Betty's mouse trumpet for $1,000. On Tuesday, Harry regrets this offer and puts his revocation in the mail. On Wednesday, Betty puts her acceptance in the mail. On Thursday, Betty receives the revocation. On Friday, Harry receives the acceptance. Is there a binding agreement?

Select one:

a.

No, revocation on Tuesday

b.

Yes, acceptance on Wednesday

c.

No, revocation on Thursday

d.

Yes, acceptance on Friday

4- Bert needs a new plasma TV for the office, and offers to buy one from the TV Barn. In reply, the TV Barn sends Bert its "standard written contract," which requires payment by "blue" crystal methamphetamine. After Bert has signed this contract, he changes his mind and wants out of the deal. Can the TV Barn enforce the agreement?

Select one:

a.

No: illegal consideration

b.

No: illusory consideration

c.

No: past consideration

d.

Yes

5- Sally is 16 years of age when she enters into a contract to buy a car from Roger for $10,000. One year later, Sally damages the car, rendering it worth only $2,000. She then disaffirms the contract and returns the car to Roger. If Roger is required to give Sally $10,000, how did Sally damage the car?

Select one:

a.

Accidentally but not negligently

b.

Accidentally or negligently

c.

Recklessly but not intentionally

d.

Recklessly or intentionally

6- Bert is meeting with investors when one angry investor asks him about a federal tax fraud investigation. Alarmed, Bert shouts "earthquake!" Investors panic and race for the door, where several are injured in the scramble to get out. Police find out what Bert has done and arrest him, although Bert protests that he was simply exercising his free speech rights. Bert challenges the constitutionality of his arrest under the 1st Amendment. What standard of review?

Select one:

a.

Fully protected speech

b.

Limited protected speech

c.

Unprotected speech

d.

None: no speech

7- Don's daughter Sally is a teenager enrolled at Gotham High School (a public school) and she is denied participation on the women's swim team pursuant to a school policy that reserves a certain number of spots on the team for racial minority students. Sally challenges the constitutionality of this policy under the 14th Amendment and its Equal Protection Clause. What standard of review?

Select one:

a.

Strict scrutiny

b.

Intermediate scrutiny

c.

Rational basis

d.

Other

8- Betty has opened Bicycle Fish, a retail establishment selling political books and magazines, and Free Trade coffees and teas. She contracts with Existential Dilemma (a New York corporation) to sell 5,000 pounds of her patented blend of "Revolution #9" coffee, but she and Dilemma have a dispute and Betty wants to sue Dilemma for patent infringement and common law fraud. Can Betty file her action in federal court?

Select one:

a.

Yes, she must file in federal court

b.

Yes, she may file in either federal or state court

c.

Only if her alleged damages $75,000

d.

No

9- Roger publishes his unauthorized tell-all biography of Don, entitled, Who the Heck Is This Guy? This book describes in some detail Don's romantic relationships, and correctly states that he slept with his daughter Sally's schoolteacher while he was married to Betty. This schoolteacher is outraged and wants to sue Roger. What intentional tort?

Select one:

a.

Libel

b.

Slander

c.

Invasion of privacy

d.

Defamation

10- Duck has adopted a handsome English bulldog named Winston, but he has no use for the animal and offers to sell Winston to Peggy for $100. Peggy likes Winston, accepts the offer and pays Duck the $100. Unknown to either Duck or Peggy, such animals are extremely valuable, and later Francine notices Winston and appraises him at $5,000. When Duck hears this, he wants to keep Winston. Can he?

Select one:

a.

Yes: unilateral mistake

b.

Yes: mutual mistake

c.

No: unilateral mistake

d.

No: mutual mistake

Clear my choice

Clear my choice