The employee later shares that confidential data with a


1. The Ninth Circuit Court of Appeals has determined that if an employee is given authorized access to confidential computer files by the employee’s employer, and the employee later shares that confidential data with a former employee in a way that violates the employer’s computer use policies, the employee

A. has exceeded his authorization for purposes of prosecution under the CFAA.

B. can be federally criminally prosecuted under the CFAA.

C. cannot be federally criminally prosecuted under the CFAA.

D. has exceeded his authorization for purposes of prosecution under the CFAA, and can be prosecuted under that statute.

2. Under the UCC, if Merchant B accepts Merchant A’s offer, but adds some terms to the original offer, those terms will become part of the ensuing contract between the two merchants unless

A. the terms materially alter the contract.

B. the offer expressly limits acceptance to the terms of the offer.

C. notification of objection to the terms has already been given, or is given within a reasonable time after notice of them is received.

D. Any of the first three answers is true.

3. Jean contracts to sell her car to Kyla for $2,000. Before performing, Jean and Kyla decide to cancel the deal. This is an example of

A. a material breach.

B. a rescission.

C. a novation.

D. an anticipatory repudiation.

4. Under Connie's specific duty of “loyalty” to Christie, when Connie is Christie's agent,

A. Connie must perform all the lawful tasks Christie assigns her.

B. Connie must act to serve Christie's interests, and place Christie's interests before her own, so that there is no conflict of interest.

C. Connie must notify Christie of any activities involving the agency relationship.

D. none of the above.

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