If the plaintiff discovers new, important information after the complaint has been filed, which of the following is true?
A. If there has been a response, no amendment can be filed.
B. The plaintiff is out of luck.
C. If there has been no response, an amendment can be filed only with the court's permission.
D. If there has been no response, the plaintiff can amend without the court's permission.
Q. 2The time for a defendant to file a responsive pleading begins to run:
A. As soon as the plaintiff files it with the court
B. As soon as the plaintiff finishes drafting the document
C. When the complaint is properly served upon the defendant according to court rule
D. None of the above
Q. 3An assignment is not permitted to materially ________ the terms of a contract.
Fill in the blank(s) with correct word
Q. 4Tracy buys a CD player from Acme Electronics, and purchases a warranty which warrants against any damage to CDs resulting from the use of the player. Her nephew, Lyle, comes over to her house, and he brings his priceless Limited Edition Megadeth CD to play for Tracy. When he inserts the CD in the player, it begins to make a whining noise, and a few moments later it spits out the CD with a huge scratch down the middle, rendering it worthless. Can Lyle sue Acme Electronics for breach of warranty under subsection A of UCC section 2-318?
A) No, because Lyle was not a purchaser of the CD player.
B) Yes, because Acme Electronics knew that the CD player would be used to play CDs.
C) Yes, because Lyle was a guest of Tracy's.
D) No, because Lyle was not in privity with Acme with respect to the warranty.
Q. 5What are the standard responses in the answer to a complaint?
A. Deny
B. Admission
C. Nolo contendere
D. Res ipsa loquitur
E. None of the above
F. Deny and admission
Indicate whether the statement is true or false
Q. 6Which defense would a website owner likely assert when a third party posts an online comment on the website that is allegedly tortious?
a. consent
b. section 230 of the Communications Decency Act
c. sovereign immunity
d. all of the above