Professional Documents
Culture Documents
TRUE/FALSE
1. Any business that uses the Web becomes an international business instantly.
2. Businesses that operate on the Web must comply with the same laws and regulations that govern the
operations of all businesses.
3. In the physical world, geographic boundaries rarely coincide with legal and cultural boundaries.
4. The legal systems of most countries include a concept called constructive notice.
5. Physical boundaries are a convenient and effective way to announce the ending of one legal or cultural
system and the beginning of another.
6. A business cannot commit a tortious act simply by selling a product that causes harm to a buyer.
7. Non-U.S. corporations and individuals cannot be sued in U.S. courts if they conduct business or
commit tortious acts in the United States.
9. When a seller advertises goods for sale on a Web site, that seller is making an offer and inviting offers
from potential buyers.
10. In general, contracts are invalid if they are not in writing or signed.
11. The Statute of Frauds varies widely from state to state with regard to signed writings.
13. Digital signatures are not legally valid for contract purposes.
14. Click-wrap acceptance is when a Web site user agrees to that site’s EULA or its terms and conditions
by clicking a button on the Web site.
15. If an idea cannot be separated from its expression in a work, that idea cannot be copyrighted.
16. Creations that can be copyrighted include virtually all forms of artistic or intellectual expression.
18. In general, trademark protection prevents another firm from using the same or a similar name, logo, or
other identifying characteristics in a way that would cause confusion in the minds of potential buyers.
19. Law enforcement agencies have difficulty combating many types of online crime.
20. Ethics issues are significant in the area of online privacy because laws have not kept pace with the
growth of the Internet and the Web.
21. Differences in cultures throughout the world have resulted in different expectations about privacy in
electronic commerce.
22. Transaction taxes are levied by the United States and other countries on certain commodities when
they are imported into the country.
23. The connection between a tax-paying entity and a government is called jurisdiction.
25. Most states’ use tax rates are lower than their sales tax rates.
MULTIPLE CHOICE
1. ____ mark the range of culture and reach of applicable laws very clearly.
a. Territorial borders c. Ethical standards
b. Culture lines d. Online borders
ANS: A PTS: 1 REF: 283
2. ____ is a form of control over physical space and the people and objects that reside in that space, and
is a defining characteristic of statehood.
a. Ethics c. Legitimacy
b. Culture d. Power
ANS: D PTS: 1 REF: 284
3. The ability of a government to exert control over a person or corporation is called ____.
a. subjugation c. legitimacy
b. jurisdiction d. notice
ANS: B PTS: 1 REF: 284
4. The level of power asserted by a government is limited to that which is accepted by the culture that
exists within its ____ boundaries.
a. ethical c. geographic
b. cultural d. virtual
ANS: C PTS: 1 REF: 284
5. ____ is the idea that those subject to laws should have some role in formulating them.
a. Jurisdiction c. Legitimacy
b. Effect d. Notice
ANS: C PTS: 1 REF: 285
6. People receive ____ that they have become subject to new laws and cultural norms when they cross an
international border.
a. implied notice c. constructive notice
b. constructive warning d. summary notice
ANS: C PTS: 1 REF: 286
7. A ____ is an intentional or negligent action taken by a legal entity that causes harm to another legal
entity.
a. contract exception c. crime
b. tort d. deposition
ANS: B PTS: 1 REF: 287
9. In the United States, federal courts have ____ over issues governed by federal law.
a. subject-matter jurisdiction c. notice
b. personal jurisdiction d. legitimacy
ANS: A PTS: 1 REF: 287
10. A ____ clause is a statement that the contract will be enforced according to the laws of a particular
state.
a. forum selection c. personal jurisdiction
b. jurisdiction d. subject-matter jurisdiction
ANS: A PTS: 1 REF: 287
11. The details of ____ vary from state to state, but generally create personal jurisdiction over
nonresidents who transact business or commit tortious acts in the state.
a. subject-matter jurisdiction c. statewide jurisdiction
b. long-arm statutes d. forum selection
ANS: B PTS: 1 REF: 288
12. A(n) ____ is a commitment with certain terms made to another party.
a. contract c. acceptance
b. offer d. consideration
ANS: B PTS: 1 REF: 291
13. A(n) ____ is the expression of willingness to take an offer, including all of its stated terms.
a. judicial comity c. acceptance
b. tort d. consideration
ANS: C PTS: 1 REF: 291
14. A(n) ____ can be formed by two or more parties that act as if a contract exists, even if no contract has
been written and signed.
a. offer c. subordinate contract
b. implied contract d. virtual contract
ANS: B PTS: 1 REF: 291
15. A(n) ____ is any symbol executed or adopted for the purpose of authenticating a writing.
a. stamp c. mark
b. icon d. signature
ANS: D PTS: 1 REF: 293
16. A(n) ____ is a statement declaring that the seller will not honor some or all implied warranties.
a. invalid contract c. warranty disclaimer
b. unsigned warranty d. warranty negation
ANS: C PTS: 1 REF: 294
17. Disputes that arise when one person has registered a domain name that is an existing trademark or
company name are settled by the ____.
a. WIPO c. statutory law
b. common law d. ACPA
ANS: A PTS: 1 REF: 301
18. ____ occurs when owner information maintained by a public domain registrar is changed in the
registrar’s database to reflect a new owner’s name and business address.
a. Trademark infringement c. Domain name ownership change
b. Product disparagement d. Signatory change
ANS: C PTS: 1 REF: 302
19. A ____ is a digital code or stream embedded undetectably in a digital image or audio file.
a. validation code c. patent
b. watermark d. cookie
ANS: B PTS: 1 REF: 302
20. A ____ statement is a statement that is false and that injures the reputation of another person or
company.
a. defamatory c. deceptive
b. fraudulent d. critical
ANS: A PTS: 1 REF: 303
21. If a statement injures the reputation of a product or service instead of a person, it is called ____.
a. defamatory c. product disparagement
b. product defamation d. company defamation
ANS: C PTS: 1 REF: 303
22. In a(n) ____ policy approach, the company collecting the information does not use the information for
any other purpose unless the customer specifically chooses to allow that use.
a. opt-out c. fair use
b. implied d. opt-in
ANS: D PTS: 1 REF: 313
23. If a company undertakes sufficient activities in a particular country, it establishes ____ with that
country and becomes liable for filing tax returns in that country.
a. jurisdiction c. terms of service
b. notice d. nexus
ANS: D PTS: 1 REF: 318
24. A(n) ____ tax is a tax levied by a state on property used in that state that was not purchased in that
state.
a. property c. use
b. import d. levy
ANS: C PTS: 1 REF: 319
25. A(n) ____ is assessed on the amount of value added at each stage of production.
a. VAT c. property tax
b. import tariff d. transaction tax
ANS: A PTS: 1 REF: 320
COMPLETION
1. State courts have ____________________ jurisdiction over issues governed by state laws.
ANS:
subject-matter
subject matter
2. Governments that want to enforce laws regarding business conduct on the Internet must establish
____________________ over that conduct.
ANS: jurisdiction
ANS: torts
4. Every kind of agreement or exchange between parties, no matter how simple, is a type of
____________________.
ANS: contract
5. ____________________ can arise when an employee of a company accepts a contract and the
company later asserts that the employee did not have the authority to do so.
6. In most cases, a Web site visitor is held to the ____________________ even if that visitor has not read
the text or clicked a button to indicate agreement with the terms.
ANS:
terms of service
ToS
terms of service (ToS)
ANS: copyright
9. The ____________________ of a copyrighted work includes copying it for use in criticism, comment,
news reporting, teaching, scholarship, or research.
10. An entity becomes liable for ____________________ infringement if it is capable of supervising the
infringing activity and obtains a financial benefit from the infringing activity.
ANS: patent
12. The ____________________ patent, which protects a specific set of procedures for conducting a
particular business activity, is quite controversial.
14. A(n) ____________________ is a distinctive mark, device, motto, or implement that a company
affixes to the goods it produces for identification purposes.
ANS: trademark
16. ____________________ law arises when elected legislative bodies pass laws.
ANS: Statutory
17. ____________________ is the practice of registering a domain name that is the trademark of another
person or company in the hopes that the owner will pay huge amounts of money to acquire the URL.
ANS: Cybersquatting
18. ____________________ occurs when someone other than a domain name’s owner changes the
ownership of the domain name.
ANS:
Federal Trade Commission
Federal Trade Commission (FTC)
FTC
20. ____________________ taxes are levied by states and local governments on the personal property and
real estate used in the business.
ANS: Property
21. ____________________ taxes are levied by national, state, and local governments on the net income
generated by business activities.
ANS: Income
22. ____________________ taxes are levied on the products or services that the company sells or uses.
ANS: Transaction
23. The concept of nexus is similar in many ways to the concept of ____________________ jurisdiction.
ANS: personal
24. The ______________________________ is the U.S. government agency charged with administering
the country's tax laws.
ANS:
Internal Revenue Service
Internal Revenue Service (IRS)
IRS
25. ____________________ laws, directed at large online retailers, are state laws that require online
retailers to collect and remit sales taxes on sales they make in their states, even though the online
retailers do not have nexus with the state.
ANS: Amazon
ESSAY
ANS:
A contract is a promise or set of promises between two or more legal entities—persons or
corporations—that provides for an exchange of value (goods, services, or money) between or among
them. A tort is an intentional or negligent action taken by a legal entity that causes harm to another
legal entity.
ANS:
Subject-matter jurisdiction is a court’s authority to decide a particular type of dispute. For example, in
the United States, federal courts have subject-matter jurisdiction over issues governed by federal law
(such as bankruptcy, copyright, patent, and federal tax matters), and state courts have subject-matter
jurisdiction over issues governed by state laws (such as professional licensing and state tax matters). If
the parties to a contract are both located in the same state, a state court has subject-matter jurisdiction
over disputes that arise from the terms of that contract.
Personal jurisdiction is, in general, determined by the residence of the parties. A court has personal
jurisdiction over a case if the defendant is a resident of the state in which the court is located.
PTS: 1 REF: 287
3. What are the elements of the contract when a consumer buys a product at the supermarket?
ANS:
The store invites offers for an item at a stated price by placing it on a store shelf.
The consumer makes an offer by indicating a willingness to buy the product for the stated price. For
example, the consumer might take the item to a checkout station and present it to a clerk with an offer
to pay.
The store accepts the customer’s offer and exchanges its product for the consumer’s payment at the
checkout station.
4. Mark Van Name and Bill Catchings, writing in PC Week in 1998, outlined four principles for handling
customer data. List these principles.
ANS:
These principles are as follows:
Use the data collected to provide improved customer service.
Do not share customer data with others outside your company without the customer’s permission.
Tell customers what data you are collecting and what you are doing with it.
Give customers the right to have you delete any of the data you have collected about them.
ANS:
All countries in the world regulate the import and export of goods across their borders. In many cases,
goods can only be imported into a country if a tariff is paid. A tariff, also called a customs duty or
duty, is a tax levied on products as they enter the country. Countries have many reasons for imposing
tariffs. Goods that are ordered online are subject to tariffs when they cross international borders. Even
products that are delivered online (such as downloaded software) can be subject to tariffs. Many online
shoppers have been surprised when an item they ordered from another country arrives with a bill from
their government for the tariff.
Volvocaceae
A. Cells usually isolated, separating after
fission or brood-formation. Usually
green (sometimes red), more rarely
colourless saprophytes Chlamydomonadidae
Chlamydomonas Ehrb.; Phacotus Perty; Polytoma Ehrb.;
Sphaerella Sommerf. (Fig. 43); Zoochlorella.
B. Cells multiplying in the active state by
radial divisions in the same plane
and usually incurving to form a
spherical colony, united in a
gelatinous investment, sometimes
traversed by plasmic threads Volvocidae
Gonium O.F.M.; Eudorina Ehrb.; Pandorina Bory (Fig. 45);
Stephanosphaera Cohn; Volvox L. (Fig. 44).
Fig. 37.—Various forms of Flagellata. 2, 6-8, 10, 13, 14, Protomastigaceae; 11,
12, Chrysomonadaceae; 9, Cryptomonadaceae; 1, 3, Euglenaceae; 4,
Pantostomata: note branched stalk in 13; branched tubular theca in 14;
distinct thecae in 11; stalk and theca in 10. In 2, flagellate (a) and amoeboid
(b) phases are shown; in 5, flagellate (a) and Heliozoan (b) phases[116]; in 8
are shown two stages in the ingestion of a food particle (f); chr, plastoids;
c.vac, contractile vacuole; f, food particle; g, gullet; l, theca; nu, nucleus; p,
protoplasm; per, peristome; v.i, vacuole of ingestion. (From Parker and
Haswell, mostly from Bütschli's Protozoa.)
The modes of nutrition are threefold: the simplest forms live in liquids
containing decaying organic matter which they absorb through their
surface ("saprophytic"): others take in food either Amoeba fashion,
or into a vacuole formed for the purpose, or into a definite mouth
("holozoic"): others again have coloured plastids, green or brown or
yellow ("holophytic"), having the plant's faculty of manufacturing their
own food-supply. But we meet with species that show
chromatophores at one time and lack them at another; or, again, the
same individual (Euglena) may pass from holozoic life to saprophytic
(Paramoeba, some Dinoflagellates) as conditions alter.
The flagellum has been shown by Fischer to have one of two forms:
either it is whip-like, the stick, alone visible in the fresh specimen,
being seen when stained to be continued into a long lash, hitherto
invisible; or the whole length is fringed with fine ciliiform lateral
outgrowths. If single it is almost always protruded as a tugging organ
("tractellum");[120] the chief exceptions are the Craspedomonads,
where it is posterior and acts as a scull ("pulsellum"), and some
Dinoflagellates, where it is reversible in action or posterior. In
addition to the anterior flagellum there may be one or more posterior
ones, which trail behind as sense organs, or may anchor the cell by
their tips. Dallingeria has two of these, and Bodo saltans a single
anterior anchoring lash, by which they spring up and down against
the organic débris among which they live, and disintegrate it. The
numerous similar long flagella of the Trichonymphidae afford a
transition in the genus Pyrsonympha to the short abundant cilia of
Opalina, usually referred to the Ciliate Infusoria.
In some cases the flagellum (or flagella) is inserted into a definite pit,
which in allied forms is the mouth-opening. The contractile vacuole is
present in the fresh-water forms, but not in all the marine ones, nor
in the endoparasites. It may be single or surrounded by a ring of
minute "formative" vacuoles or discharge into a permanently visible
"reservoir." This again may discharge directly to the surface or
through the pit or canal in which the flagellum takes origin (Euglena).
As we noted above (p. 40), the study of the Flagellates has been
largely in the hands of botanists. After the work of Bütschli in Bronn's
Thier-Reich, Klebs[126] took up their study; and the principal
monographs during the last decade have appeared in Engler and
Prantl's Pflanzenfamilien, where Senn[127] treats the Flagellates
generally, Wille[128] the Volvocaceae, and Schütt the "Peridiniales" or
Dinoflagellata;[129] while only the Cystoflagellata, with but two
genera, have been left to the undisputed sway of the zoologists.[130]
The human Tick fever of the Western United States and the epizootic
Texas fever are known to be due to blood parasites of the genus
Piroplasma (Babesia), of which the free state is that of a
Trypanosome. It appears certain that Texas fever, though due to Tick
bites, is not transferred directly from one beast to another by the
same Tick; but the offspring of a female Tick that has sucked an
infected ox contains Trypanosome germs, and will by their bites
infect other animals. It would seem probable that the virulence of the
Persian Tick (Argas persica) is due to similar causes. The Indian
maladies known as "Kala Azar" and "Oriental Sore" are
characterised by blood parasites, at first called after their discoverer
the "Leishman bodies," which have proved to be the effects of a
Piroplasma.
The divisions are only in two planes at right angles, so that the
young colony is at first a plate, but as the cells multiply the plate
bends up (as in the gastrulation of the double cellular plate of the
Nematode Cucullanus, Vol. II. p. 136), and finally forms a hollow
sphere bounded by a single layer of cells: the site of the original
orifice may be traced even in the adult as a blank space larger than
exists elsewhere. Among the cells of the young colony some cease
to divide, but continue to grow at an early period, and these are
destined to become in turn the mothers ("parthenogonidia") of a new
colony; they begin segmenting before the colony of which they are
cells is freed. The young colonies are ultimately liberated by the
rupture of the sphere as small-sized spheres, which henceforth only
grow by enlargement of the sphere as a whole, and the wider
separation of the vegetative cells. Thus the vegetative cells soon
cease to grow; all the supply of food material due to their living
activities goes to the nourishment of the parthenogonidia, or the
young colonies, as the case may be. These vegetative cells have
therefore surrendered the power of fission elsewhere inherent in the
Protist cell. Moreover, when the sphere ruptures for the liberation of
the young colonies, it sinks and is doomed to death, whether
because its light-loving cells are submerged in the ooze of the
bottom, or because they have no further capacity for life. When
conjugation is about to take place, it is the cells that otherwise would
be parthenogonidia that either act as oospheres or divide as
"spermogonia" to form a flat brood of minute yellow male cells
("sperms"). These resemble vegetative cells, in the possession of an
eye-spot and two contractile vacuoles, but differ in the enormously
enlarged nucleus which determines a beaked process in front. After
one of these has fused with the female cell ("oosphere") the product
("oosperm") encysts, passes into a stage of profound rest, and finally
gives rise to a new colony. The oospheres and sperm-broods may
arise in the same colony or in distinct ones, according to the species.
Stephanosphaera has its eight cells spindle shaped, and lying along
equidistant meridians of its sphere; in vegetative reproduction each
of these breaks up in its place to form a young colony, and the eight
daughter-colonies are then freed. In conjugation, each cell of the
colony breaks up into broods of 4, 8, 16, or 32 small gametes, which
swim about within the general envelope, and pair and fuse two and
two: this is "isogamous," "endogamous" conjugation. In Pandorina
(Fig. 45) the cells are rounded, and are from 16 to 32 in each colony.
The vegetative reproduction in this, as in Eudorina, is essentially the
same as in Stephanosphaera. In conjugation the cells are set free,
and are of three sizes in different colonies, small (S), medium (M),
and large (L). The following fusions may occur: S × S, S × M, S × L,
M × M, M × L. Thus the large are always female, as it were, the
medium may play the part of male to the large, female to the small;
the small are males to the medium and to the large. The medium
and small are capable, each with its like, of equal, undifferentiated
conjugation; so that we have a differentiation of sex far other than
that of ordinary, binary sex. Eudorina, however, has attained to
"binary sex," for the female cells are the ordinary vegetative cells, at
most a little enlarged, and the male cells are formed by ordinary cells
producing a large flat colony of sixty-four minute males or sperms. In
some cases four cells at the apex of a colony are spermogonia,
producing each a brood of sperms, while the rest are the oospheres.
The transition to Volvox must have arisen through the sterilisation of
the majority of cells of a colony for the better nutrition of the few that
are destined alone for reproduction.