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Federal Rules of Evidence

Question 1

5 / 5 pts

According to the Federal Rules of Evidence, a statement, other than one made by a person while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted, is known as:

a relevant and competent statement

hearsay

an authenticated statement

libel

IncorrectQuestion 2

0 / 5 pts

In terms of electronic evidence and electronic data discovery, the most important exception to the "hearsay rule" in the Federal Rules of Evidence is:

the business records exception

the present sense impression exception

the public records and reports exception

the recorded recollection exception

Question 3

5 / 5 pts

Which of the following is NOT one of the two basic types of "long-arm" statutes that establish criteria to determine whether a court has jurisdiction over a nonresident defendant?

Statutes that base the exercise of jurisdiction on the distance of the non-resident's state from the state exercising jurisdiction

Statutes that enumerate factual situations likely to satisfy the "minimum-contacts" test

Statutes that provide jurisdiction over an individual or corporation as long as that jurisdiction is not inconsistent with constitutional restrictions

IncorrectQuestion 4

0 / 5 pts

The category of personal jurisdiction that only allows defendants to be sued for claims that arise out of the defendant's contact with the state exercising jurisdiction is:

Availment Jurisdiction

Contacts Jurisdiction

General Jurisdiction 

Specific Jurisdiction

Question 5

5 / 5 pts

Electronic evidence includes the actual content of information stored electronically on any type of computer device that can be used as evidence in a legal action, but does NOT include the meta-data associated with that content.

True 

False

IncorrectQuestion 6

0 / 5 pts

The criminal offense associated with the destruction of emails relevant to a pending litigation is:

Tort Liability

Spoliation of Evidence

Obstruction of Justice

Compelling Discovery

Question 7

5 / 5 pts

The main difference between a "clickwrap" and a "browsewrap" agreement is:

a "browsewrap" agreement requires some action by the computer user to indicate the user's affirmative acceptance of the agreement

a "clickwrap" agreement requires some action by the computer user to indicate the user's affirmative acceptance of the agreement

"clickwrap" agreements are governed by U.S. Federal law, whereas "browsewrap" agreements are exclusively state law

"clickwarp" agreements cannot be uased to bind the parties to mandatory arbitration clauses

Question 8

5 / 5 pts

In considering a challenge to a state law that required non-resident companies to collect sales tax on Internet purchases in the 1992 case of Quill Corp. v. North Dakota, the Supreme Court ruled that:

all online sales are subject to state tax everywhere in the United States

a business must generate at least $1 million in Internet-based sales in a state for that state to require it to collect sales taxes

a business must have a physical presence in a state for that state to require it to collect sales taxes

only the Federal Government can compel companies to collect sales tax

IncorrectQuestion 9

0 / 5 pts

A court may exercise personal jurisdiction over a person based on conduct in the court's home state.  This conduct includes all of the following EXCEPT:

transacting any business in the state

broadcasting or publishing political opinions within the state

contracting to supply services or things in the state;

causing tortious injury by an act or omission in the state

causing tortious injury in the state by an act or omission outside this state if the person regularly does or solicits business in the state

IncorrectQuestion 10

0 / 5 pts

In the 2002 case of Specht v. Netscape, in which Netscape tried to dismiss a lawsuit against it by arguing that the plaintiff had agreed to a license that included an arbitration clause, the U.S. Court of Appeals for the Second Circuit ruled that:

the license agrement compelling arbitration was enforced, because the customer had an obligation to read the entire Netscape website, including the license agreement

the license agrement compelling arbitration could not be enforced, because the type of license agreement was a "browsewrap" agreement, and such agreements are never valid

the license agrement compelling arbitration could not be enforced, because customers needed to scroll down to the bottom of the web page just to notice the license agreement and the website did not require any active or affirmative assent by customers

the license agrement compelling arbitration was enforced, because Netscape offered its customers the right to "opt out" of the arbitratiomn agreement and the plaintiff had chosen not to do so

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