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Q:
There are no federal common law crimes.
Q:
Alphonse has lost his job and has decided to rob a bank. He goes to the bank to observe how they operate and he purchases a weapon and ammunition as well as a mask. He has planned his getaway thoroughly. He has driven to the bank but is arrested on his way in when an alert policeman sees him draw his weapon and don the mask. Among other things, Alphonse may be charged with and convicted of conspiracy to rob the bank.
Q:
If the criminal trial results in a verdict of not guilty, the government may retry case again because the government always gets one appeal.
Q:
If business records can be proven to be private papers the records may be protected from seizure under the Fifth Amendment right against self incrimination by sole proprietors.
Q:
The judge determines whether a crime is a misdemeanor or a felony.
Q:
It is possible for authorities to conduct an illegal search of your home without ever entering your property or the home itself.
Q:
The same act cannot cause a criminal and civil wrong at the same time.
Q:
When you place your garbage or trash at the curb, you have waived any expectations of privacy and the police may go through the garbage or trash without a warrant.
Q:
Criminal law regulates the rights and duties between private parties.
Q:
Reasonable suspicion is a higher standard than probable cause.
Q:
There are 51 criminal justice systems in the United States.
Q:
Criminal ________ deals with the limits set on the government's authority when applying or enforcing criminal law.
Q:
Evidence that stems from the original evidence is called ________ evidence.
Q:
The mental element or "guilty mind" required for criminal liability to occur is called _____.
Q:
A court order authorizing an official to do something the official would otherwise be prohibited from doing is called a _____.
Q:
If a jury is unable to come to a conclusion, a _______ will be declared.
Q:
A fact that does not excuse a crime but may be considered to lessen punishment is called a ________ circumstance.
Q:
A formal filing by a magistrate which binds a defendant over for trial is called an _____.
Q:
The illegal act that constitutes the crime and results in criminal liability is called the _____.
Q:
Being blameworthy in criminal law is called _____.
Q:
A plea by a defendant where they do not admit guilt but agree to penalties imposed as if guilty is called a plea of no contest or _____.
Q:
The ________ Act establishes a national fraud alert system so that consumers have a timely way to guard their credit.
Q:
The Truth in Lending Act applies to creditors who are _______ engaged in extending credit for goods and services.
Q:
If a seller offers a written ________ warranty, the consumer transaction is subject to the Magnuson-Moss Act.
Q:
The implied warranty of merchantability applies to every sale from a _______ to a buyer.
Q:
A deceptive practice is that one that misleads a ________ consumer and where the conduct resulted in some sort of detriment to the consumer.
Q:
The Fair Debt Collection Practices Act requires that a collection agency make known certain rights of the debtor in a _____.
Q:
The ________ Commission is responsible for preventing unfair and deceptive acts or practices in commercial transactions.
Q:
Casey's identity was stolen. The thieves stole lots of money and took out a loan in Casey's name. She notified all the necessary banks and agencies as soon as she discovered the identity theft. Is Casey's credit protected in this situation?
Q:
Regarding business owners and managers, what is generally considered the most important part of the Truth in Lending Act? Why?
Q:
What is the primary purpose of the Truth in Lending Act?
Q:
What is puffery? Provide an example.
Q:
Gus owes a lot of money to his creditors. Recently one of the creditors turned over his account to a collection agency. The agency continually calls Gus to try to recover the debt he owes. They have started calling him at work several times a day. May the collection agency do this?
Q:
What are some of the ways that the Credit Card Accountability Responsibility and Disclosure Act attempts to protect college students from deceptive practices by credit card companies?
Q:
Describe how the federal government is protecting consumers online regarding spam.
Q:
George runs a baseball equipment supply store. He specializes in supplying batting cages with new and used pitching machines. George sold Joan a used pitching machine for her softball team. Joan signs a lengthy contract where George disclaims all liability and sells the machine to her "as is." These terms are in the same font as the rest of the text and not bolded, underlined or otherwise highlighted. When Joan gets the machine to her house, it catches fires and burns down her garage. Is George potentially liable for the damage?
Q:
Seller lists his car on Craigslist "as is" and "with all faults" in bold, conspicuous letters in the advertisement. Seller knows that the brakes are faulty. Buyer purchases the car and is later injured when the brakes fail and the car is wrecked. Did Seller limit his liability against Buyer in a lawsuit by using the term "as is"?
Q:
Name and discuss the two categories of warranties.
Q:
The Fair Credit Reporting Act (FCRA) requires that credit bureaus remove bankruptcy filings from credit reports. A bankruptcy filing is considered to be obsolete after how many years?
A.seven
B.eight
C.thirteen
D.fourteen
Q:
A car dealership advertises a small used car for a great price and a low interest rate loan in the local paper. When Patty comes in to look at that car, the salesman steers her away from the advertised car. Instead the salesman tries to convince her to buy a different used car with a much higher interest rate loan. What unfair sales practice might this be an example of?
A.false advertising
B.bait and switch
C.warranty breach
D.fraud
Q:
A manufacturer of cars advertises that the windshield is shatter proof and would not break even when hit with a strong impact. While an owner was driving home one day, a small rock hit the windshield and the windshield broke, cutting the driver. What type of warranty was breached?
A.an implied warranty
B.an express warranty
C.Magnuson-Moss warranty
D.the warranty of fitness for a particular purpose
Q:
In Vagias v. Woodmont Properties, Vagias wanted to buy a house in Montville. He told his real estate agent that he wanted to buy there because of the school district's reputation. The agent showed him a house in an edition called "Woodmont Courts at Montville." Vagias asked if the house was within the jurisdictional limits of Montville. The agent and a representative for the builder, who both knew the township boundaries, assured him it was in the city limits. Vagias bought the house but was unable to enroll his son in the school district because the property was outside the city limits. Vagias sued, claiming he paid a premium for the house based on the school district's reputation. The homebuilder argued that the misrepresentations were unintentional and that Vagias did not suffer a loss in the value of his home. The court held that;
A.Woodmont was liable because the location of the house was the basis of the bargain and the misrepresentation was affirmative which met the requirements of the New Jersey Consumer Fraud Act.
B.Woodmont was liable because the real estate agent showed him a house that did not meet his requests.
C.Woodmont was not liable because the misrepresentation was not intentional.
D.Woodmont was not liable because the New Jersey Consumer Fraud Act does not apply to real estate.
Q:
Which part of the Truth in Lending Act requires that certain disclosures be made before a credit transaction is consummated?
A.Regulation Y
B.Regulation Z
C.Creditors' Disclosure Regulation
D.Disclosure of Key Terms Regulation
Q:
Regarding finance charges and APR, Regulation Z requires that their disclosure:
A.is not required.
B.be included with the rest of the information regarding the credit transaction.
C.be more conspicuous than other disclosures.
D.is not necessary for the consumer to see.
Q:
In Hauter v. Zogarts Hauter received a "Golfing Gizmo" that was made by Zogarts as a present. The device was a golf ball attached to string that a user could hit with club. The box that it came in stated, "completely safe, ball will not hit player." Hauter had read the safety manual and used the product a dozen times when he hit the ball too low and was struck in the head with the ball, causing serious injury. Hauter sued for breach of warranty. Zogarts argued that the photos of the man using it properly were a disclaimer and that it was only "completely safe" when used like the photo. The court held that:
A.Zogarts was not liable because the photo was a disclaimer of the express warranty.
B.Zogarts was not liable because Hauter was not using the product properly.
C.Zogarts was liable because they breached the implied warranty of merchantability because the product could not be used to practice golf safely.
D.Zogarts was liable because they failed to put an age restriction on their product.
Q:
Which of the following must be approved by the FDA before it can be sold to the general public?
A.eggs
B.food ingredients
C.produce
D.all products made from animals
Q:
What is the name of the legislation enacted in response to injuries and death from products being sold to consumers?
A.Federal Product Act
B.Food, Drug and Cosmetic Act
C.Product Liability and Safety Reform Act
D.Consumer Product Safety Act
Q:
Which agency had their oversight power over credit card issuers increased by the Credit Card Accountability Responsibility and Disclosure Act of 2009?
A.Interstate Commerce Committee
B.Consumer Protection Agency
C.Securities and Exchange Commission
D.Federal Trade Commission
Q:
In Palmer v. Champion Mortgage Palmer received a debt-consolidation loan from Champion. When she signed the loan agreement, she also received the required TILA disclosures. Several days later Palmer received copies of the documents and a notice of her right to cancel under TILA which permitted her to cancel within three business days of three different dates stated in the document. Over a year later Palmer filed to cancel the transaction claiming the time frames given to her in the TILA disclosures were too confusing. The court held that Palmer:
A.could cancel her loan because the time disclosures were too confusing.
B.could cancel her loan because of the extended three year time frame of TILA.
C.could not cancel her loan because TILA does not permit cancellation of loans.
D.could not cancel her loan because the TILA disclosures would not confuse an objectively reasonable consumer.
Q:
If a credit card is issued to a consumer under the age of 21 the credit card company is required to:
A.obtain the signature of a cosigner who has the means to repay any debt.
B.to give a 60 day notice before making any rate hikes.
C.notify the card holders parents so they can monitor their child.
D.set reasonable spending limits.
Q:
The Truth in Lending Act covers creditors who:
A.regularly engage in extending credit for goods and services.
B.occasionally extend credit for goods and services.
C.extend credit for real estate.
D.lend money to their relatives.
Q:
What is the purpose of the FTC in relation to consumers?
A.the FTC does not apply to consumers
B.to prevent unfair or deceptive act in commercial transactions
C.ensure that the UCC is followed
D.promote interstate commerce
Q:
The source of warranty law is:
A.the UCC.
B.FTC regulations.
C.the Consumer Protection Act.
D.the TILA.
Q:
Which is not an example of a warranty?
A.merchantability
B.express
C.puffery
D.fitness for a particular purpose
Q:
The UCC permits disclaimers of warranties:
A.under no circumstances.
B.when the seller disclaims properly.
C.if the buyer was unaware of the warranties.
D.when allowed by the common law.
Q:
Which piece of legislation prohibits denying an applicant credit because of discrimination?
A.Equal Credit Opportunity Act
B.U.S. Constitution
C.Fair Credit Act
D.Truth in Lending Act
Q:
Which of these is not a requirement for disclaiming a warranty?
A.statutory authorization
B.a conspicuous writing
C.explaining why the warranty is being disclaimed
D.including the word merchantability if merchantability is to be disclaimed
Q:
Which of these is not one of the FDA's powers?
A.ordering mandatory recalls
B.the right to step in and close a business
C.the seizure of contaminated products
D.filing civil enforcement lawsuits
Q:
Victims of odometer tampering may receive what kind of damages?
A.actual damages
B.double damages
C.triple damages
D.liquidated damages
Q:
Which of the following is not exempt from the Do Not Call registry?
A.charitable organizations
B.certain political organizations
C.businesses seeking commercial contracts
D.businesses with whom the consumer has past commercial contacts
Q:
Who is typically empowered by the states to protect consumers from deceptive trade practices?
A.the governor
B.the state bureau of investigation
C.the local police
D.the state attorney general
Q:
The Truth in Lending Act applies to credit extensions made to:
A.consumers.
B.commercial banks.
C.merchants.
D.businesses.
Q:
Which act regulates the leasing relationship where the consumer has possession of a motor vehicle in exchange for monthly payments?
A.Consumer Lending Act
B.Truth in Lending Act
C.Magnuson-Moss Act
D.Equal Credit Opportunity Act
Q:
Sadie is looking to buy a new pair of running shoes. She tells the salesperson that she is a marathoner and need shoes for distance. The salesperson suggests that Sadie buy a pair of Mercury running shoes. Mercury shoes are actually designed for walking rather than running. On mile 21 of her first training run, the shoes start to wear through in the heel. What type of warranty has been breached?
A.express
B.merchantability
C.fitness for a particular purpose
D.no warranty was made in this situation
Q:
Which of these is not an example of deceptive advertising?
A.claims that for the price, the item is the best money can buy
B.artificially inflating the original retail price of an item so that when featuring it as a sale item, it looks more marked down than it actually was
C.using a term like "clearance price" when the item is not being sold at a reduced rate
D.misrepresenting the prices of competitors
Q:
What is the minimum amount that a product must cost to be covered by the Magnuson-Moss Act?A.$5B.$10C.$15D.$20
Q:
In Discover Bank v. Owens, Owens received a Discover credit card with a limit of $1,900 and charged $1,460. The credit card agreement allowed Discover to add fees and increase her interest rate when Owens paid her bill late or did not pay in full. Owens became disabled and experienced severe financial difficulty. She stopped using the card and made regular payments but continued to accrue fees. She eventually paid $3,492 towards her original debt but still owed Discover $5,564 when Discover brought a collection suit against her. The court held that in this situation:
A.Owens owed $5,564 because she agreed to the terms of the credit card agreement when she used the card the first time.
B.Owens owed $5,564 because Discover did not have a duty to mitigate their damages over the six years.
C.Owens did not owe the $5,564 because her disability prevented her from having the financial means to pay the money.
D.Owens did not owe the $5,564 because the terms of the agreement were manifestly unconscionable in these circumstances.
Q:
Which of these is not impermissible collector contact under the Fair Debt Collection Practice Act?
A.contacting the debtor at inconvenient times or at inconvenient places
B.contacting the debtor once the debtor gives written notice of refusal to pay the debt
C.contacting the debtor once the debtor has asked the creditor not to call
D.contacting the debtor once the debtor informs the collector of attorney representation
Q:
The FDA jurisdiction includes administering the Flammable Fabrics Act.
Q:
"The buyer agrees to take the table with all faults and as is" disclaims warranties.
Q:
Magnuson-Moss requires that a seller offer a warranty to buyer.
Q:
If done properly, sellers may limit a buyer's remedies in all situations.
Q:
Advertising coffee as "the best in world" is prohibited by UCC rules.
Q:
FDA regulations do not apply to the labeling of food packages.
Q:
The FDA has authority to bring criminal prosecutions.
Q:
Victims of odometer tampering are eligible to receive up to triple the amount of their damages.
Q:
The CAN SPAM Act does not address spammers who falsify the name of the sender.
Q:
Many express warranties are made through advertisements.
Q:
Saying that "this car is the ultimate driving experience" is an example of puffery.
Q:
The implied warranty of merchantability applies to sales by any seller to any buyer.