BLAW 94293

subject Type Homework Help
subject Pages 37
subject Words 7419
subject Authors Anthony Liuzzo

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page-pf1
The determinations reached at a hearing conducted by an administrative agency can
be_____________ .
A.disregarded
B.protested.
C.appealed
D.opposed.
An agency by agreement appointing an agent for a two year period must comply with
the:
A.Statute of Limitations.
B.Statute of Frauds.
C.Statute of Encumbrances.
D.Statute of Equitable Tolling..
page-pf2
Rights to land include the ___________.
A.airspace above the land to 1000 feet.
B.airspace above the land to 500 feet.
C.airspace above the land to 300 feet.
D. airspace above the land to an indefinite height.
Under federal law, employees are prohibited from forming, joining, or assisting a labor
union.
page-pf3
In the United States, environmental regulation is a distinct area of the law, and firms
strive to comply with myriad statutes, regulations, and ordinances that cover the
relationship between businesses and the environment.
Checks are sometimes payable on demand.
A product flaw is an abnormality or a condition that was not intended and that makes a
product more dangerous than necessary.
page-pf4
The fact that an employee is prohibited from suing his or her employer for a
work-related injury or illness does not preclude the employee from suing a third party,
even if the injury or illness occurred while the employee was on the job.
The continued use of a pesticide causes insects to become immune to chemical
compounds contained in the pesticide, and as a result pesticides can become ineffective.
page-pf5
Dissolution of a partnership is governed by a stockholders agreement. .
A bailment for the sole benefit of a bailor requires the bailee take extraordinary care in
taking care of the article.
The decedent's property cannot be converted into cash and applied to payment of burial,
medical, taxes and legitimate debts.
page-pf6
Sometimes the unequal bargaining power of parties to a contract gives one party an
unfair advantage when dealing with those who lack the economic power to enter into a
contract on an equal footing.
It is not required for a formal contract to be written under seal.
page-pf7
One reason for creating a contract is for employment.
A written contract can be a handwritten note.
Bankruptcy is the legal state that occurs when a debtor is insolvent, is in default, and is
unable to fulfill his or her obligations to pay back his or her creditors.
page-pf8
Agency is a type of contract and, like other contracts, may be terminated by agreement,
by performance, or by operation of law.
Under Chapter 11, the debtor proposes a reorganization plan in order to pay back
creditors over time, but major decisions must be approved by management.
Title is a tangible property.
page-pf9
Commercial paper may be handwritten, printed, or written by any other means that will
make a mark.
Only federal administrative agencies oversee and administer the manner in which health
care is delivered by its providers, and the ways in which health care services are
covered by insurers.
In a case of impossibility of performance, the contract is considered void and the parties
are discharged.
page-pfa
Intentional concealment or intentional nondisclosure of material facts is just as
fraudulent as making false statements.
A beneficiary does not receive gifts of personal or real property pursuant by will.
page-pfb
A person can be charged with creating a public nuisance by causing loud noises,
creating foul odors, shining bright lights, or diverting a stream.
The landlord has no obligation to reduce losses that may result from a tenant's
abandonment of the premises.
It is important to note that trading in the stock of the firm by company officials is called
insider trading, but as long as it is reported, it is not illegal.
page-pfc
In the context of a life estate, if real property is transferred from A to B for B's lifetime,
and B dies, the property is then returned to A, if he or she is still alive, or to A's heirs.
Usury laws are applicable to transactions between corporations in all the states.
When an offer specifies all the terms and conditions of a contract, it is not considered as
definite and certain.
page-pfd
A restraining order or injunction is a court order that directs a party to perform as he/she
agreed to do.
Valid consideration must be either the performance of an act or the payment of money.
page-pfe
An advantage to a sole proprietorship is that the owner has complete authority, within
the boundaries of the law, for the running of the business.
As the NHTSA is not responsible for the safety of automobiles, instead it focuses on
controlling automobile emissions.
Agreements by an executor or administrator to pay debts of a deceased person must be
in writing to be enforceable.
page-pff
Defamation is the harming of a persons reputation and good name by the
communication of an insulting statement, regardless of its truth.
A contract may provide for its termination after a certain period of time.
page-pf10
The insurance industry is an example of a very simple industry with little need for
effective regulators.
A party's rights in a contract can be assigned to another party; and also a party's duties
are transferred to a third party if the duties do not involve:
A.charity.
B.royalty.
C.goodwill.
D.unique skills.
page-pf11
Many people in the United States have an entrepreneurial spirit that encourages them to
pursue the "American Dream" of:
A.traveling throughout the world.
B.having employment security.
C.having a leisurely life.
D.owning and operating their own business.
Changes in a will can be made in a separate document known as a:
A.revocation.
B.revision.
C.codicil.
D.trust.
page-pf12
A hole in the ozone layer is most manifest over the:
A.North Pole
B.Equator .
C.Bermuda Triangle
D.South Pole
A property that comprises land and everything attached to the land, including minerals
such as oil, iron ore, and others, is known as:
A.transient property.
B.personal property.
C.public property.
D.real property.
page-pf13
All of the following are fraudulent except:
A.false statements.
B.puffing.
C.intentional concealment.
D.intentional nondisclosure.
In an agency by ratification, a principal cannot accept the benefits of a transaction and
refuse to accept the:
A.obligations.
B.parallel benefits.
C.apparent benefits.
D.representation.
page-pf14
In sales contracts, the complete agreement need not be in writing, but there must be
some evidence of the:
A.purpose of the seller.
B.objective of the buyer.
C.fraud of the parties.
D.intention of the parties.
Rights or duties under a contract may be assigned by a court of law when a contracting
party:
A.earns profits.
B.incurs losses.
C.opens new business.
D.dies or becomes bankrupt.
page-pf15
A lawsuit against the financial planner's intentional or negligent misstatement or
nondisclosure of a material fact relating to an investment is brought for _____.
A.churning.
B.nuisance.
C.unsuitability.
D.misrepresentation.
In documents pertaining to wills, codicils, and related testamentary papers, ESIGN does
not apply to electronic:
A.transaction details.
B.symbols.
page-pf16
C.signatures.
D.witnesses.
In some cases, the courts have held that contracts made by minors who are nearly adults
or that deal with a business are:
A.enforceable contracts.
B.voidable contracts.
C.void contracts.
D.invalid contracts.
A written contract or agreement that is sometimes called a_____ is required tosatisfy
the Statute of Frauds.
A.draft.
page-pf17
B.brief.
C.synopsis.
D.memorandum.
Athletes are hired because of their special personal skills; because of this, their services
under a contract:
A.may not be delegated.
B.may be delegated.
C.may not be assigned.
D.may be assigned.
A signature to which words have been added restricting the further endorsement of the
page-pf18
instrument is a:
A.restrictive endorsement.
B.special endorsement.
C.certified endorsement.
D.detailed endorsement.
The U.S. Supreme Court hears ______.
A. all appeals directly from the federal trial courts
B. all appeals directly from the state trial courts
C. a large percentage of appeals from both the federal and state appellate courts
D. a small percentage of appeals as it has no legal obligation to hear all appeals from
lower courts
page-pf19
When a person who has confidential information about a particular company purchases
shares of the company's stock with the intention of selling these shares for a higher
price when the information is released to the general public, then it is known as:
A.touting.
B.churning.
C.buffering.
D.insider trading.
In 1970, Congress created the _______________, which has the responsibility of
regulating business activities as these relate to the environment.
A.Environmental Protection Agency
B.Environmental Impact Statement
C.Comprehensive Environmental Response
D.Superfund
page-pf1a
All of the following EXCEPT a _____ who learns from a patient that he or she intends
to do harm to another has the legal responsibility to inform the possible victim and the
appropriate authorities.
A.physician
B.psychiatrist
C.nurse
D.discologist
In some cases, the injured party may sue for _____, that is, a court order directing a
person to perform as he/she agreed to do.
A.specific performance
B.liquidated damages
page-pf1b
C.rescission
D.an injunction
______________ is the broad study of the legal systems of major countries, treaties,
practices, tariffs and nontariff trade barriers, and import and export quotas.
A.International law
B.Domestic Law
C.Foreign law
D.Federal law
page-pf1c
It is the employee's duty to:
A.obey his or her employer's lawful orders concerning the employment.
B.be careful and less competent than his or her colleagues.
C.create an environment free of competition.
D.provide a safe and sanitary place to work.
A pharmaceutical company earns most of its profits from its drugs only at the time
during which the drug is effective and it is:
A.patented.
B.registered as a trade mark.
C.licensed as a copyright.
D.reasonably priced.
page-pf1d
A valid contract does not exist if the contract is a promise of/to:
A.payment.
B.provide services.
C.forbearance.
D.perform an illegal act.
Apart from defamatory statements published in books, newspapers, magazines, and
websites, the possibility of libel also exists in:
A.speech.
B.parasailing instruction manuals.
C.cookery guides.
D.business and personal letters.
page-pf1e
All of the following are exceptions that apply to the parol evidence rule except:
A.incomplete contracts.
B.void contracts.
C.contracts that are partly written and partly oral.
D.subsequent oral modifications.
A person who acts in a way that denies another the right to enjoy his or her property
without unreasonable interference is liable under:
A.government nuisance.
B.public nuisance.
C.defamatory tort.
page-pf1f
D.private nuisance.
Often state statutes expressly declare that commercial paper given for gambling
transactions or at usurious rates of interest are:
A.void.
B.valid.
C.legal.
D.voidable
Liability without the necessity of proving fault is:
A.tortuous liability.
page-pf20
B.strict liability.
C.business liability.
D.vicarious liability.
A promise to do something that one is already required to do either by law or by
contract represents no additional sacrifice and is:
A.a general release.
B.an illegal act.
C.not valid consideration.
D.fraudulent.
page-pf21
Describe independent contractors and their legal relationships with those who hire
them.
Explain the kinds of actions that can be slanderous.
page-pf22
Do Internet Service Providers have the legal right to monitor their subscribers' e-mail
without consent, and what steps do these ISPs take to protect themselves in this
process?
Provide examples of searches and seizures considered to be unreasonable under the
Fourth Amendment.
page-pf23
Bryan, an employee of Anderson Co., regularly placed orders for raw materials with
Sasha, an employee of Kleinman Glass Corporation. Bryan sent an e-mail to Sasha
through his work e-mail account, asking her to go out to dinner with him. Bryan's
immediate supervisor at Anderson Co. read the e-mail. What consequences will Bryan
have to face for his act?
What is an employee handbook and what do they typically contain?
page-pf24
Define and explain the term "general release."
What is am illegal agreement and give two examples. .
page-pf25
Differentiate between express and implied warranties.
Describe the term "negligence" as it applies to the law of torts.
page-pf26
Describe a cashier's check, who can issue one, and to whom it can be made payable.
Describe "defamation," how it relates to libel and slander, and what constitutes a
defamatory act.
page-pf27
What does the "implied warranty of fitness for a particular purpose" require?
Give an example of a contract that does not need to be in writing.
page-pf28
Explain and elaborate on the following statement: The law that protects minors from
their contractual commitments is not intended to deny them the opportunity to enter into
contracts for necessaries that are not provided by their parents or a guardian.
Describe the conditions that determine the enforceability of a contract.
page-pf29
What is testamentary capacity and what is the result if it can be established that such
was lacking?
Explain the phrase "reasonable person."
page-pf2a
Define eviction and distinguish between actual and constructive eviction.
Explain how in certain circumstances it is possible for title to goods to be passed to a
third party by a nonowner who does not have title.

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