Business 41436

subject Type Homework Help
subject Pages 24
subject Words 3769
subject Authors Henry R. Cheeseman

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Section 4205 of the Patient Protection and Affordable Health Care Act of 2010 requires
restaurants and retail food establishments with 20 or more locations to disclose calorie
counts of their food items.
If a plaintiff is injured, the damages recoverable depend on the effect of the injury on
the plaintiff's life or profession.
The moral minimum theory emphasizes making a profit even while causing harm to
others.
Assumption of the risk is a defense a defendant can use against a plaintiff who
knowingly and voluntarily participates in a risky activity that results in injury.
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Corporation codes regulate the formation, operation, and dissolution of corporations.
If an employer reasonably anticipates a strike by some of its employees, it may prevent
those employees from entering the plant or premises. This is called an employer
lockout.
The patent term begins to run from the date the patent is issued.
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The United Nations (UN) Security Council is composed of all the UN member nations.
The pollutant standards under the national ambient air quality standards (NAAQS) are
set at primary and secondary levels.
The Federal Trade Commission (FTC) and the Department of Justice share the power to
enforce the FTC Act.
ISPs provide e-mail accounts, Internet access, and storage on the Internet to users.
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The International Monetary Fund (IMF) is an example of an autonomous agency that is
a part of the UN.
Electronic technologies have made it possible to settle disputes online. However,
arbitration is not possible in electronic dispute resolution.
The act of people interested in the lawsuit joining as parties to an existing lawsuit is
called arbitration.
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Shares that are repurchased by a corporation are called unissued shares.
Private parties cannot intervene in public antitrust actions brought by the government.
The Consumer Product Safety Commission (CPSC) is an independent federal
administrative agency empowered to regulate potentially dangerous consumer products
and issue product safety standards.
Subsurface rights cannot be sold separately from surface rights.
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In a guaranty agreement, the guarantor is primarily liable on the debt.
A person who disaffirms a contract based on intoxication must be returned to the status
quo.
In a civil lawsuit, liability has to be proven beyond a reasonable doubt.
The Federal Water Pollution Control Act, enacted by the Congress in 1948, continues to
be applied across the United States in its original form, without amendments.
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Antitrust defendants often opt to settle government-brought antitrust actions by entering
a plea of nolo contendere.
The ULLCA is a federal law and is valid across the United States.
In Ultramares Corporation vs. Touche, the court found the defendant accounting firm
not liable for negligence due to the plaintiff's lack of privity of contract or a privity-like
relationship with the defendant.
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The trademark symbol TM is used to indicate a registered mark.
In order to be found guilty for violation of Rule 10b-5, intentional conduct (scienter)
must be proven.
Secondary boycott picketing is not lawful if it is against the primary employer's
product.
The Taft-Hartley Act gives the president of the United States the right to seek an
injunction against a strike that would create a national emergency.
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Interests in oil, gas, and mineral rights are considered statutorily defined securities.
In small claims courts, it is necessary that the parties are represented by a lawyer at all
times.
Which of the following is true of tort liability of a general partnership?
A) Only the partner who committed the tort is liable.
B) Under the UPA, general partners have joint, but not several, liability for torts
committed in the course and scope of the partnership.
C) A partner can be sued even if he or she did not participate in the commission of the
tort.
D) If one of the partners in the partnership is released, the other partners are discharged
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of liability.
Members of an LLC have ________ liability.
A) limited
B) unlimited personal
C) unlimited capital
D) strict
A per se violation of Section 1 of the Sherman Act that occurs when a party at one level
of distribution enters into an agreement with a party at another level to adhere to a price
schedule that either sets or stabilizes prices is referred to as ________.
A) group boycotts
B) horizontal price fixing
C) resale price maintenance
D) nonprice vertical restraints
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Unless properly disclosed, a warranty that is implied that sold or leased goods are fit for
the ordinary purpose for which they are sold or leased, as well as other assurances, is
known as ________.
A) implied volatility
B) an implied cause of action
C) an implied assertion
D) the implied warranty of merchantability
Which of the following statements is true about the canons of Christian faith?
A) The Code of Canon Law produced in 1917 is followed by all sects of Christianity
today.
B) The Code of Canon Law regulates the conduct of the Church but fails to govern the
actions of individual Catholics.
C) The Orthodox churches treat their canons more as guidelines than as laws.
D) The canons remain silent on the legal measures guiding marriage or inheritance.
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Which of the following is a provision of Section 8(a) of the NLRA?
A) prohibits unions from engaging in unfair labor practices that interfere with a union
election
B) makes it an unfair labor practice for an employer to restrain employees from forming
and joining unions
C) enables employees to opt out of unions by organizing a decertification election
D) permits employees and union officials to engage in union solicitation on company
property
Which of the following requires that government statutes, ordinances, regulations, and
other laws be clear on their face and not overly broad in scope?
A) procedural due process
B) substantive due process
C) the intermediate scrutiny test
D) the rational basis test
________ refers to a condition whose occurrence or nonoccurrence of a specific event
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automatically excuses the performance of an existing contractual duty to perform.
A) Condition precedent
B) Condition subsequent
C) Concurrent condition
D) Implied condition
The Uniform Computer Information Transactions Act (UCITA) is a law applicable to all
states and does not require a state legislature to adopt it as a statute for the state.
Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose.
Jessica manages to stop the bleeding and rushes out to the nearest pharmacythree miles
awayto get medication for him. While doing so, she locks the house from outside and
asks Kyle not to leave the house till she returns. The only way he can get out of the
house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed
by an hour. Which of the following statements is true in this case?
A) Jessica is liable for kidnapping.
B) Jessica is liable for negligence as well as breach of duty of care.
C) Jessica can be sued for false imprisonment.
D) Jessica is not liable for prosecution for an intentional tort.
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Bilkis Brans has 20,000 outstanding shares with four shareholders. Ester owns 9,000
shares, Mendez owns 4,000 shares, Judy owns 4,000 shares, and Aaron owns 3,000
shares. Suppose that two directors of the corporation are to be elected from a potential
pool of five candidates. Ester favors candidates 1 and 5, Mendez favors candidates 2
and 4, Judy favors candidates 3 and 4, and Aaron favors candidates 2 and 3. If straight
voting occurs, which of the two candidates are likely to win?
A) candidates 1 and 5
B) candidates 1 and 4
C) candidates 2 and 3
D) candidates 2 and 4
Which of the following is true of a fully disclosed agency?
A) The third party does not know the identity of the principal.
B) The third party knows the name of the principal but all transactions are done with the
agent.
C) The contract is between the principal, agent, and the third party.
D) The principal is liable on the contract with a third party.
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Making false statements about a competitor's products, services, property, or business
reputation could make a company liable for ________.
A) intentional misrepresentation
B) the tort of appropriation
C) disparagement
D) the misappropriation of the right to publicity
A ________ is a person who intentionally or unintentionally causes injury or death to
another person.
A) protagonist
B) supplanter
C) reversionist
D) tortfeasor
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________ theory is a moral theory that asserts that fairness is the essence of justice.
A) Kantian ethics
B) Ethical fundamentalism
C) Utilitarianism
D) Rawls's social justice
Which of the following courts was created by Article III of the U.S. Constitution?
A) U.S. Supreme Court
B) U.S. Tax Court
C) U.S. Court of Appeals
D) U.S. Court of Federal Claims
According to priority, which of the following claims is satisfied first after dissolution?
A) creditors
B) creditor-partners
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C) capital contributions
D) profits
The term ________ refers to the oral testimony given by a party or witness prior to trial.
A) class action
B) deposition
C) interrogatory
D) intervention
Which of the following is true of a contract with an adjudged insane person?
A) The adjudged insane person is bound by the terms of the contract.
B) The contract is void.
C) Only the competent party can enforce the contract.
D) The competent party is legally obligated to uphold the contract.
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The doctrine of ________ allows the court to order an oral contract for the sale of land
or transfer of another interest in real property to be specifically performed if it has been
partially performed and performance is necessary to avoid injustice.
A) part performance
B) undue performance
C) equitable performance
D) promissory estoppel
Fierra Inc. is a German automobile manufacturer that has a five percent market share in
the United States' automobile market. The company has a unit in North Carolina that
imports Fierra automobiles from its parent company in Germany and assembles them.
Which of the following measures is in accordance with U.S.A.'s Foreign Commerce
Clause?
A) The government of North Carolina imposes an additional ten percent tax on Fierra
cars.
B) The government of Georgia bans the sale of Fierra cars.
C) The government of North Carolina asks Fierra Inc. to shut down its import unit in
the state.
D) The federal government imposes an additional hundred percent tax only on Fierra
cars being sold in North Carolina.
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Richard Bell, an organized crime boss and casino owner, has made a lot of money with
his illegal drug operations and illegal gambling. In order to make it look like he earned
the drug money legitimately, Richard has hired crooks to take the illegal money and
spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the
money on purpose so that the casino can claim this as winnings. What crime is Richard
committing in converting his drug money to alleged legal money?
A) money laundering
B) misappropriation
C) extortion
D) embezzlement
Windsor, the owner of Windsor's Sandwiches, contacts Gary, a new supplier. He
promises Gary that he will pay him $375 if Gary delivers 20 pounds of cheese the
following morning. Gary promises to make the delivery as requested by Windsor. This
creates a(n) ________ contract between them.
A) bilateral
B) unilateral
C) executed
D) voidable
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From the following, identify an example of codified law in the United States.
A) judicial rulings
B) federal statutes
C) treaties
D) executive orders
Which two elements are required to find a defendant guilty of an intent-based crime?
A) a victim and criminal intent
B) a motive and criminal intent
C) a criminal act and criminal intent
D) a criminal act and proof of gain
page-pf15
The Superfund, which is administered by the EPA, gives the federal government a
mandate to ________.
A) establish marine sanctuaries in ocean waters as far seaward as the edge of the
continental shelf
B) impose fines on buildings and offices that cause harm to their occupants due to
indoor air pollution
C) clean up hazardous wastes that have been spilled, stored, or abandoned
D) set standards on the toxic substances that can be used or sold
Which of the following is regulated by the Securities Act of 1933?
A) fraud in mortgage transactions
B) hedge funds and derivatives
C) reporting to investors
D) the issue of securities online
Which of the following is a key function of the U.S. Court of Appeals for the Federal
Circuit regarding patents?
A) It hears appeals rejected by the state courts regarding patent issues.
page-pf16
B) It accepts applications for new patents.
C) It helps promote uniformity in patent laws.
D) It helps enact new patent laws.
The fraudulent making or alteration of a written document that affects the legal liability
of another person is called ________.
A) larceny
B) extortion
C) forgery
D) embezzlement
A ________ refers to a party who is granted limited rights in or access to intellectual
property or information rights owned by another party.
A) lessor
B) lessee
C) licensee
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D) licensor
Which of the following is true of the EPA standards set for toxic substances?
A) They are set with an aim to test new chemicals and determine their effects on human
health and environment.
B) They are set based on the recommendation of business owners affected by the
pollution.
C) They require the EPA to identify all chemicals based on national ambient air quality
standards (NAAQS).
D) They require a complete ban on all toxic substances.
In which of the following cases is the felony murder rule applied?
A) when the felon in the case was killed while the crime transpired
B) when the murder was committed without intent while committing another crime
C) when the reason for the death is found to be involuntary manslaughter
D) when the crime involves the intended murder of another person
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John, Nathan, and Julio form JNJ, LLC, with equal capital investment each. On his way
to a business meeting with clients of JNJ, Nathan accidentally injures Jessica in a car
accident. Which of the following is true in this scenario?
A) Jessica can claim damages from JNJ, LLC, as she was injured in the ordinary course
of business.
B) Jessica can only claim damages from Nathan and not from JNJ, LLC.
C) Jessica can choose to claim damages from any one of the three partners.
D) John, Nathan, and Julio have equal personal liability for Jessica's injuries.
A client hires a lawyer as an independent contractor to represent her in a civil lawsuit
against a defendant to recover monetary damages. If the client authorizes the lawyer to
settle a case within a certain dollar amount and the lawyer does so, which of the
following is true?
A) The agreement is invalid after the lawyer's contract with the principal terminates.
B) The agreement is void because independent contractors cannot enter into contracts.
C) The agreement is binding only when there is no financial settlement involved.
D) The settlement agreement is binding for the client.
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Explain in brief the working of an e-license.
The designation for a business that is operating under a trade name is ________.
An ordinary partnership is also known as a(n) ________.
page-pf1a
In 1948, Congress enacted the ________ Act to regulate water pollution. This act has
been amended several times. As amended, it is simply referred to as the Clean Water
Act.
Give an account of the relationship between ethics and law.
What is insider trading? How is it regulated in the United States?
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Give an account of the Consumer Financial Protection Act of 2010.
Under the FLSA, an employer cannot require nonexempt employees to work more than
40 hours per week unless they are paid ________ of one-and-a-half times their regular
pay for each hour worked in excess of 40 hours that week.
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The ________ is a federal statute enacted after the Civil War that prohibits racial and
national origin employment discrimination.
A(n) ________ is an instrument that gives the creditor a security interest in the debtor's
property that is pledged as collateral.
Local laws that are adopted by municipalities and local governments to regulate land
use within their boundaries are known as ________ ordinances.
A(n) ________ transaction occurs when a seller sells goods to a buyer who has
obtained financing from a third-party lender that takes a security interest in the goods
sold.
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________ refers to a policy which provides that certain job preferences will be given to
minority or other protected class applicants when an employer makes an employment
decision.
The two forms of future interests in rights of possession are reversion and ________.
A mark that indicates that a person has met the standards set by an organization and is a
member of that organization is known as a(n) ________ mark.
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Applications for patents must be filed with the ________.
The ________ doctrineholds that two or more persons may petition the executive,
legislative, or judicial branch of the government or administrative agencies to enact
laws or to take other action without violating antitrust laws.
An LLP has a(n) ________ tax benefit, where no tax is paid at the partnership level, and
all profits and losses are reported on the individual partners' income tax returns.

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