BUS LAW 98504

subject Type Homework Help
subject Pages 9
subject Words 947
subject Authors Henry R. Cheeseman

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Specific performance is the primary remedy used to make a party live up to his or her
obligations under a personal services contract.
The Articles of Confederation did not grant the federal government the right to levy and
collect taxes.
Once a strike begins, the employer may continue operations by using management
personnel and hiring replacement workers to take the place of the striking employees.
The most common equitable remedies are general performance, restitution, and
conjunction.
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Most public accounting firms are organized and operated as general partnerships.
In a strict surety arrangement, the surety assumes primary liability on another person's
debt.
The Uniform Trade Secrets Act has been adopted by all fifty states.
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Private corporations can be classified as either for profit or not-for-profit corporations.
Corporations formed under general incorporation laws cannot engage in banking or
insurance.
Twelve (12) states have enacted minimum wage laws that set minimum wages at a rate
higher than the federal rate.
Under the Electronic Signature in Global and National Commerce Act, electronic
signatures must generally be followed up by executing a manual signature in order to
attest to the authenticity of the electronic signature.
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When the Civil Rights Act of 1964 was passed, it specifically protected women from
being discriminated against on the basis of pregnancy.
A party can be treated by the UCC as a merchant for some transactions and as a
nonmerchant for other transactions.
The fiduciary duty of loyalty requires directors and officers to subordinate their
personal interests to those of the corporation and its shareholders.
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With a trust, all aspects of title to the trust property are transferred to the trustee.
An owner of land-locked property may never obtain an easement by necessity over
adjoining land in order to reach a public road, because the owner should have been
aware of the problem when the land was purchased.
An agreement to share losses of a business is strong evidence of a general partnership.
A "choice of law" clause designates which nation's laws will be applied in deciding a
case.
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Dividends are paid at the discretion of the board of directors.
Gifts received during a marriage are not considered part of community property.
Individuals who violate the No Electronic Theft Act may be imprisoned.
Currently, the immigration laws of the United States are administered by the United
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States Citizenship and Immigration Services (USCIS).
Contracts that have an illegal object are voidable.
A gift can be classified as either a gift in utero or a gift causa mortis.
The Ultramares doctrine is the majority rule for accountants' liability for negligence in
the United States.
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When the amount of a check has been wrongfully altered to a higher amount than it was
originally for, the drawer is generally liable only for the original amount of the check,
assuming the drawer gives appropriate notice of the alteration to the bank.
Easements by prescription pertain only to land around hospitals.
A defendant cannot assert affirmative defenses in an answer; instead, the defendant
must assert affirmative defenses in a cross-complaint.
The decisions of small claims courts are not appealable to general-jurisdiction trial
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courts or appellate courts.
Any state regulation of hostile takeovers is unconstitutional under the commerce clause
of the United States Constitution.
Chapter 13 bankruptcies can only be filed voluntarily.
Corporations are treated, in effect, as artificial persons created by the state.
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A holder in due course is a holder who takes an instrument for value, in good faith, and
without notice that it is defective or overdue.
Someone that follows the principle: "Get rich or die trying" is adhering to the
categorical imperative.
A transferee of a distributional interest in a limited liability company becomes a
member of the LLC if it is so provided in the operating agreement or if all the other
members of the LLC consent.
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Under the distributive method of voting for the election of directors, a shareholder can
accumulate all of his or her votes and vote them all for one candidate or split them
among several candidates.
An indorsement that says "without recourse" disclaims liability and protects that
indorser and any future indorsers.

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