Suppose that a suspect has multiple e-mail accounts, regularly uses the Internet, is sophisticated with computers, and knows how to protect access to passwords and accounts but denies having computer expertise or owning the devices that he or she clearly possesses. Would probable cause exist to detain the suspect and conduct a search of the devices?
> What are exceptions to the rule that a court will not enforce an illegal agreement?
> Discuss statutes that make specific agreements or parts of agreements illegal.
> When is a contract made by an incompetent person voidable?
> Under what circumstance is a contract made by a mentally incompetent person void?
> What effect does intoxication have on persons’ contractual capacity?
> In what situation can a party to an illegal contract enforce it against the other party?
> 1. When are parents liable for their minor children’s contracts? 2. How does emancipation affect a minor’s capacity to contract?
> How does ratification affect minors’ contracts?
> What effect does contracting for necessaries have on a minor’s right to disaffirm?
> What effect does a minor’s misrepresentation of age have on his or her right to disaffirm?
> What is a minor’s obligation on disaffirmance?
> In what situation is a contract made by a mentally incompetent person valid?
> What is the minor’s right to disaffirm a contract?
> When is consideration legally sufficient?
> Discuss the doctrine of promissory estoppel.
> Discuss agreements to settle claims.
> What is the definition of unconscionable?
> What is an illusory promise?
> What are some of the exceptions to the preexisting duty rule?
> Can a preexisting duty satisfy the requirements of consideration?
> The courts generally do not weigh the sufficiency of consideration according to the comparative economic value of what is exchanged. Should they? Why or why not?
> In most circumstances, parties are free to make whatever promises they wish, but only those promises made with consideration may be enforced as contracts. What is the purpose of this requirement?
> What are the circumstances in which a court will question whether consideration is adequate?
> What is consideration?
> Are there international treaties that can affect e-contracts?
> Can parties to a contract that would otherwise be covered by the UETA choose to waive its provisions?
> When does the UETA apply, and what is its effect?
> When is a contract in restraint of trade enforceable?
> Is a court likely to enforce a click-on agreement?
> What is unequivocal acceptance?
> Who may accept an offer?
> How do the parties terminate an offer?
> Why must a contract have “reasonably definite terms” and how “definite” must the terms be?
> Under what circumstances might silence be considered to constitute the acceptance of an offer?
> In the context of an offer, how are intent and its seriousness determined?
> What is the plain meaning rule?
> What are the differences among valid, void, voidable, and unenforceable contracts?
> How does a party distinguish between an executed and an executory contract?
> When a person contracts with an unlicensed individual, in what circumstance is the contract enforceable?
> What are some of the remedies that a party can obtain from a court to make a wrong situation right?
> What is the difference between a formal contract and an informal contract?
> What might be the most important term of an implied contract to perform work?
> How does a quasi contract differ from an express or an implied contract?
> What is the difference between express and implied contracts?
> What distinguishes a bilateral contract from a unilateral contract?
> What are some of the other rules regarding the interpretation of contracts?
> What is the objective theory of contracts?
> What entities might pay hackers to commit some of the crimes described in this chapter?
> The media has exposed Web sites that purported to sell tickets to certain concerts and would accept credit and banking information from would-be buyers but did not deliver the tickets. What can consumers do to avoid being duped by such fraud?
> What is the purpose of a business license?
> Should evidence obtained through an illegal search be excluded from a criminal trial even if the evidence clearly shows the guilt of the person charged?
> Is the global reach of the Internet a reason in support of a court’s assertion of authority over activities that occur in another jurisdiction?
> What are some important constitutional protections of individuals’ rights in the area of criminal law?
> Describe the prosecutorial process from arrest to conviction.
> What are the elements of a crime?
> Considering the cyber crime discussed in this chapter, what are the greatest risks to an information technology system or computer network in a business environment?
> What are some of the significant differences between criminal law and civil law?
> What's the difference between a patent and a trade secret?
> What is a trade secret and how is it protected?
> 1. Are there creative works that can be shared or otherwise used by anyone without permission and without the payment of royalties? 2. What is “the public domain”? 3. Why is this significant to musicians, conductors, publishers, and others?
> How do statutes affect the terms of contracts?
> Why is it important to protect trademarks from trademark dilution and cybersquatting?
> Why is copyright law important in cyberspace?
> How might a file-sharing system, or a similar service, be put to commercially significant but nonfringing uses?
> Why are Internet service providers (ISPs) exempt from liability, under some statutes, for the actions of their customers?
> Do Internet service providers have an ethical duty to advise their users if the information that the users provide for distribution through the ISPs might violate the law? Explain.
> What are some of the pros and cons of having an international standard for trademark protection?
> What is the fair use doctrine? What factors are considered in determining whether a use is fair?
> Large damages awards in tort litigation have to be paid by someone. If the defendant is insured, then insurance companies foot the bill. Ultimately, though, high insurance rates are passed on to consumers of goods and services in the United States. Co
> Under the circumstances described in the previous question, Eldon, another spectator, also sits in the stands behind the plate where the backstop should be. Unlike Nikita, Eldon is fully aware of the risk. During the game, Eldon is struck and injured by
> Suppose that George, the owner of a softball park, has a duty to provide a backstop to protect spectators who want the protection against the risk of being hit by a ball. Nikita, a visitor from Eastern Europe, sits in the stands behind the plate where t
> How does ratification affect the right of mentally incompetent persons to avoid their contracts?
> 1. Should the application of the concept of proximate cause be expanded to allow recovery in more cases, or should it be limited to reduce the frequency and amounts of recovery? Why? 2. What would be the advantages and disadvantages of a universal princi
> Which torts protect against the intentional interference with property?
> What are defenses to charges of wrongful interference with the business rights of others?
> What is the basis for the tort of defamation?
> What are defenses to charges of assault and battery?
> Considering that punitive damages are intended in part to punish, should a defendant’s financial situation be taken into account in setting the amount?
> Which torts protect against the intentional interference with persons?
> Should religious displays on public property be held to violate the establishment clause?
> Should the First Amendment protect all speech?
> What is the distinction between the degrees of regulation that may be imposed on commercial and noncommercial speech?
> In what circumstance can an intoxicated person avoid a contract even if the intoxication was purely voluntary?
> In reviewing tax laws, what do the courts focus on?
> What is preemption?
> What is the conflict between the states’ police power and the commerce clause?
> What is the doctrine of separation of powers and what is its purpose?
> What is the national government’s relation to the states?
> Would a state law imposing a fifteen-year term of imprisonment without allowing a trial on all businesspersons who appear in their own television commercials be a violation of substantive due process? Would it violate procedural due process?
> What is the basic structure of the American national government
> What is the principal difference between negotiation and mediation?
> Who can appeal from a trial court’s decision?
> What are the advantages of discovery?
> How does ratification affect the right of minors to avoid their contracts?
> When may a federal court hear a case?
> What are the defendant’s possible responses?
> What are the first steps in bringing a legal action?
> When may a court exercise jurisdiction over a party whose only connection to the jurisdiction is via the Internet?
> What is the primary consideration in deciding whether to settle a dispute or take the dispute to court?
> What is arbitration?
