Clickwrap” and a “browsewrap

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

b. “clickwrap” agreement requires some action by the computer user to indicate the user’s affirmative acceptance of the agreement

c. “clickwrap” agreements are governed by U.S. Federal law, whereas “browsewrap” agreements are exclusively state law

d. “clickwarp” agreements cannot be uased to bind the parties to mandatory arbitration clauses

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

a. the business records exception

b. the present sense impression exception

c. the public records and reports exception

d. the recorded recollection exception

3. 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:

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

b. 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

c. 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

d. 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

4. 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:

a. Availment Jurisdiction

b. Contacts Jurisdiction

c. General Jurisdiction

d. Specific Jurisdiction

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