BLAW 25487

subject Type Homework Help
subject Pages 24
subject Words 4014
subject Authors Anthony Liuzzo

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page-pf1
Sexual harassment is a form of discrimination on the basis of sex and is illegal under
federal law.
Consideration required in an enforceable contract can take various forms such as
exchange of promises, forbearance, and pledges or subscriptions.
Since leases are now viewed as contracts, commercial leases are subject to certain
provisions of the Uniform Commercial Code.
page-pf2
Undue influence describes the unreasonable pressure that might be applied to testators
to change their true wishes for the disposition of property.
A principal must pay the agent the compensation agreed to in the contract.
In many states, the usury statutes apply to retail installment credit sales and credit card
transactions.
page-pf3
A physician may have the power to control the actions of his patients because of a
special or confidential relationship.
When the agent informs the third party that he or she is acting on behalf of another, and
makes the third party aware of the identity of the principal, the principal is known as a
furtive principal.
page-pf4
Administrative agencies include federal agencies such as the National Labor Relations
Board.
Many wills include a statement that the testator is revoking all previous wills. Even
without such a statement, the most recent will, if valid, automatically revokes all prior
wills made by the testator.
Negligence is the violation of a municipal ordinance that allows the government to
prosecute a defendant.
page-pf5
In addition to federal law, consumers are also protected by lemon laws enacted by the
individual states.
Ethical and moral beliefs and standards are derived from values.
Many consumer protection statutes have been passed that recognize some of the
problems associated with unconscionable contracts and contracts of adhesion.
page-pf6
A person who represents another is known as a principal.
The laws enacted by local government, such as a city council, are often known as
ordinances.
page-pf7
An employer is responsible for an employee's torts committed within the scope of
employment.
Actual ownership of goods is necessary to create a bailment.
Intellectual property is protected through the use of trade secrets, trademarks,
copyrights, and patents.
page-pf8
Competency of parties is not a mandatory requirement to make a contract valid.
Insolvency often leads to default.
Fungible goods are those that are generally sold by weight or measure.
page-pf9
Pursuant to the Electronic Signatures in Global and National Commerce Act (ESIGN)
of 2000, electronic contracts containing electronic signatures are just as enforceable as
those that are printed on paper.
Even if an employer incorrectly believes that an employee has a covered disability, the
employee is not protected from discriminatory practices.
An administrative agency is a governmental body responsible for the control and
supervision of a particular activity or area of public interest.
page-pfa
The right to bear arms is unlimited.
The Statute of Frauds prohibits a person from legally entering into oral contracts for
certain kinds of agreements.
page-pfb
A transnational institution's purpose is overseeing the implementation of all
multinational trade agreements negotiated now or in the future.
Morals are the standards and principles that society has adopted as a guide for the
behavior of the individual within society.
Antenuptial agreements often include a provision whereby they do not expire over an
extended period of time.
page-pfc
The Web, or cyberspace, is also considered a "place under the Securities Exchange Act
of 1934, and securities are regularly bought and sold electronically.
An employer must pay an employee the agreed-upon wage, subject to company policy,
union contracts, and government mandates, for his or her services.
page-pfd
In the event a collective bargaining agreement is not reached between an employer and
a union, the union has the right to call a strike.
The Statute of Frauds applies to executory contracts only.
Malpractice on the part of insurance agents and brokers generally relates to either their
failure to recommend the purchase of the right kind of insurance to protect against a
specific type of loss or their failure to recommend appropriate amounts of coverage.
page-pfe
Discrimination in employment is prohibited on the basis of race, creed, color, sex, but
not regarding place of national origin.
When a patient consults with a physician, the two parties are entering into a(n)
__________.
A. insurance policy
B. health insurance exchange
C. contract
D.health maintained organization
page-pff
A tenancy that exists when a tenant wrongfully extends tenancy beyond the agreed term
is a:
A.periodic tenancy.
B.tenancy for years.
C.tenancy at will.
D.tenancy at sufferance.
Early federal statutes dealing with environmental issues concerned themselves
primarily with conservation of forests and:
A.Native Americans..
B.ethics.
C.culture.
D.wildlife.
page-pf10
At the federal level, the three types of courts are _____________________.
A.the district courts, appellate courts and Supreme Court.
B.the probate courts, traffic courts and small claims courts.
C.the municipal courts, administrative courts, and county courts.
D.the family courts, juvenile courts and probate courts.
To be enforceable, agreements that cannot be completed in less than one year:
A.must be in writing.
B.can be oral.
C.can be oral only if witnessed.
D.must be oral if for an amount less than $500.
page-pf11
The limited liability company provides all of the owners with:
A.licensing authority.
B.limited liability.
C.limited profits.
D.limited reputation.
A misdemeanor is a less serious offense than a ______.
A.felony
B.civil wrong
C.tort
D.blue-collar crime
page-pf12
A(n) _____ contract is an agreement that results in an obligation that is legally
enforceable.
A.void
B.valid
C.voidable
D.invalid
The parol evidence rule:
A.states that any spoken or written words that are in conflict with what the written
contract states should be introduced as evidence in a court of law.
B.refers to supplementary evidence or conditions that a party wants to be added to an
existing written contract.
C.specifies that certain kinds of agreements must be in writing to be enforceable.
D.does not prohibit a person from legally entering into oral contracts for certain kinds
of agreements.
page-pf13
If the landlord interferes with the tenant's right of possession by evicting him or her
without a court order of eviction, the tenant has the right to:
A.sell.
B.sublease.
C.terminate the lease.
D.purchase the property.
In a product liability case, the most obvious target of an injured party is the:
A.manufacturer.
B.licensor.
C.purchaser.
D.dealer.
page-pf14
An endorsement in which the payee specifies the person to whom, or to whose order,
the instrument is to be paid is a:
A.blank endorsement.
B.special endorsement.
C.restrictive endorsement.
D.qualified endorsement.
A living trust. also known as a(n) ______________, is established while the person,
(the settlor who wishes to set up the trust) is still alive.
A.holographic will
B.trustees trust
page-pf15
C.holographic trust
D.inter vivos trust
A(n) __________ test is used to determine whether an ordinary reasonable observer
comparing two works would have to conclude that the work being questioned was
copied from the other.
A.substantial similarity
B.fair use
C.goodwill
D.infringement
page-pf16
The organization created in 1944 to provide relief to countries suffering from the
ravages of World War II was the:
A.World Bank.
B.International Monetary Fund.
C.World Trade Organization.
D.General Agreement on Tariffs and Trade.
Many states require continuing education for certain professionals in order for the
individuals in the professions to retain their:
A.standards.
B.accommodations.
C.licenses.
D.acquaintances.
page-pf17
If a law is passed after the parties enter into a contract that makes performance more
costly, the contract is:
A.enforceable
B.void from the beginning.
C.terminated by alteration.
D.unenforceable.
A federal agency responsible for administering laws relating to labor unions is the:
A.National Labor Retaliation Board.
B.State Labor Relations Board.
C.National Labor Relations Board.
D.National Law Regulation Board.
page-pf18
To be legally enforceable, a contract must contain the six elements. If one of these
elements is missing, the court will usually:
A.enforce the contract.
B.refer the matter to the superior courts.
C.refuse to enforce the contract.
D.validate the contract.
A bailment allows an owner of personal property to transfer possession of it to another
individual for any one of the following purposes, EXCEPT:
A.sale.
B.transportation.
C.storage.
D.lease.
page-pf19
The right to extract minerals, such as oil or coal, from land is known as:
A.inherited rights.
B.subterranean rights.
C.substantial rights.
D.extensive rights.
To create a bailment, the bailee must ______ to possess goods.
A.intend
B.ask
C.have ownership
D.desire
page-pf1a
A limited partner will be deemed by the courts to be a general partner if he or she:
A.constantly refuses to sign a proxy.
B.participates regularly in the duty of loyalty and duty of care.
C.participates in the overall management of the business.
D.unintentionally violates the duty of care owed to the corporation.
The termination procedures of a company typically include exit interviews and the
requirement that employees must return:
A.his account statement.
page-pf1b
B.his salary statement.
C.all company property.
D.his appointment letter.
A person who finds an article has good title against anyone EXCEPT the:
A.true owner.
B.future purchaser.
C.seller.
D.middleman.
In most states, the law permits parties to a contract to transfer their rights to another by:
A.variance.
page-pf1c
B.recovery.
C.assignment.
D.delegation.
The law concerned with the unenforceable obligations that people have to one another
is known as ______
A.country law
B.common law
C.constitutional law
D.moral law
page-pf1d
As representatives of the owner of the goods, the individuals who have the right to
make legitimate sales are known as):
A.remote parties.
B.third parties.
C.veteran parties.
D.amicus retailers.
If a person acts as an agent for more than one party with their knowledge, the agent is
entitled to receive compensation from:
A.each principal.
B.each agent.
C.his or her first employer.
D.his or her last employer.
page-pf1e
FOB. is the abbreviated form of:
A.free on board.
B.freight on board.
C.freight on bail.
D.freedom on bail.
The most common form of slander involves:
A.gestures and actions.
B.pictures.
C.spoken words.
D.cartoons.

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