Business Law 27002

subject Type Homework Help
subject Pages 33
subject Words 6663
subject Authors Anthony Liuzzo

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Agreements are typically legal and enforceable as long as they fulfill the terms of a
contract, even if it is to wrongfully use one's influence.
Any alterations to a will, such as erasures, words crossed out, or handwritten insertions,
usually constitute valid modifications of the will.
A pledge or a subscription, which is a promise to donate money, is unenforceable.
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When individuals become partners for only a short period of time, or for only a single
project, they are engaged in a joint venture.
The EPA is charged with the responsibility of selecting appropriate sites for waste that
may be discarded into the oceans by U.S. organizations.
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The two most commonly used advance directives are living wills and durable powers of
attorney for health care.
Express powers are those that are specifically stated in the U.S. Constitution.
Courts frequently reverse the decisions of an administrative agency.
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A program with a complex accounting and budgeting program, highly specialized and
not intended for wide distribution, would be considered a patent.
If goods are advertised in a newspaper at an incorrect price, and the fault is that of the
newspaper, the merchant may be able recoup his or her losses from the publication.
Under the Uniform Commercial Code, a distinction is made between lack of delivery of
a completed instrument and lack of delivery of an incomplete instrument.
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The Internal Revenue Service (IRS) is a federal agency established by Congress and
tasked with administering and collecting federal income tax under the Fourteenth
Amendment.
It is expensive to proceed against a defendant in a court case; a person who is the victim
of a breach of contract will frequently seek to have the dispute resolved using
alternative means.
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Silence does not indicate assent to an offer, even if both parties agree beforehand that
this is to be the means of acceptance.
The rules relating to legal purpose and competent parties in contract law do not apply to
agreements made in the form of wagers placed online.
A trademark protects creators of literary, creative, or artistic works.
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Consideration in a contract may be more than just the promises exchanged by the
parties; it may include the actual benefit gained and the detriment suffered by them.
Laws and regulations that increase the cost of performing a contract absolve the parties
from their contractual obligations.
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Credo is a term that is used to describe unethical behavior.
If fraud was used to induce a person to sign a negotiable instrument, the injured person
may use this as a personal defense against a holder in due course.
Under the doctrine of comparative negligence, the injured parties bringing the lawsuit
are prevented from recovering damages even if they are partly at fault.
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Bankruptcy law is divided in clauses.
An individual's values are significantly influenced by those held in the groups to which
he or she belongs.
The tenant is not responsible for injuries occurring on his or her own leased premises.
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In a period tenancy, either the landlord or tenant must give the other party timely notice
in order to comply with applicable state laws.
Individuals who post content on social media websites are not held legally responsible
for any forms of criminal activity.
A current or former employee does not have the right to sue his or her employer for
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defamation.
A community may designate certain areas as zones for such uses as light industrial,
industrial, commercial, and residential.
Express warranties can be made in many ways, both orally and in writing, including by
promise, description, sample, or model.
It is not possible to have possession of goods without having title, just as it is not
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possible to have title without having possession.
The invention must be a device is a term that may include physical devices but may not
include a design or process.
In the event that the seller delivers goods that are not as specified in the contract, the
buyer may revoke the contract and return the goods that are substantially different from
those that were ordered.
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The Sixteenth Amendment grants the federal government the power to impose and
collect a tax on individuals' incomes.
An endorsee of an instrument is the person who signs his or her name on it. .
A gift of personal property left to someone is known as a devise.
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The law assures each person certain rights and assigns each person certain duties.
When an individual or an employer procures an insurance policy covering costs
associated with medical treatments, a(n) ________ is created.
A. health insurance exchange
B. contract
C. health maintained organization
D.advance directive
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A creditor is an individual or business:
A.to which money is owed.
B.who counts money.
C.who loans money
D.who borrows money.
The Magnuson-Moss Warranty Act applies only when __________ warranties are made
voluntarily on consumer products that cost more than___________
A.oral; $15.
B.written; $15.
C.oral; $25.
D.written; $25.
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Randy and Donald were property developers, and they decided to construct a
condominium in a certain neighborhood. Jim, who owned a chain of restaurants, heard
of this agreement and opened a new restaurant in the same neighborhood even before
the condominium construction began. However, the plan for the condominium was not
approved by the state authorities, and the project was cancelled. Jim suffered losses as a
result, but he had no rights in the contract because he was a(n):
A.material beneficiary.
B.substantial beneficiary.
C.incidental beneficiary.
D.third-party beneficiary.
When the buyer refuses to pay the purchase price and the seller has the possession of
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the goods, the seller may:
A.resell the goods and sue the buyer.
B.get the buyer arrested.
C.destroy the goods and sue the buyer.
D.manhandle the buyer.
A person who makes false statements to a bank for the purpose of obtaining a loan can
be prosecuted for the offense of:
A.forgery.
B.embezzlement.
C.false pretense.
D.perjury.
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Commercial paper that is dated ahead is:
A.antedated.
B.mandated.
C.dictated.
D.postdated.
A form of joint ownership of property by two or more persons in which the ownership
interest of any one of the owners can be sold, transferred or inherited is known as:
A.tenancy by the entirety.
B.tenancy in common.
C.joint tenancy.
D.co-ownership.
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It is illegal to terminate an employee for reasons that amounted to:
A.division of labor.
B.illegal discrimination.
C.class legislation.
D.suspicion.
Many experts argue that the problem with the legal definition of __________ is that it is
too vague and ambiguous.
A.defamation
B.sexual harassment
C.phishing
D.obscenity
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An employee handbook typically contains which of the following?
A.The history of the company..
B.The Companys independent contractors.
C.An employee directory.
D.The Companys caveat emptor provisions.
Trademark registrations are issued at the federal level by the U.S. Patent and
Trademark Office of the Department of:
A.Commerce.
B.Labor.
C.Justice.
D.State.
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The UCC provision of good title conveyance means the seller promises all of the
following, EXCEPT:
A.the seller is the real owner of the goods offered for sale.
B.the seller has the right to sell the goods.
C.there are no claims or liens of any kind against the goods that might later cause the
seller to lose title to someone else who might claim ownership or interest.
D.the seller will give a written warranty of the goods.
There are no federal laws currently addressing e-waste, but several states have passed
statutes and the _____________ has drafted rules relating to recycling cathode ray
tubes.
A.Toxic Substance Control Agency
B.Clear Air Act
C.Clean Water Act
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D.Environmental Protection Agency
The landlord has the right to evict a tenant for the following reasons, EXCEPT:
A.nonpayment of rent.
B.illegal use of the premises.
C.tenant's sexual orientation.
D.any material violations of the terms of the lease.
The promise to refrain from doing something that a party has a legal right to do, or the
promise of inaction, is known as:
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A.forbearance.
B.consideration.
C.general release.
D.pledge or subscription.
Governments may impose on individuals a set of duties known as:
A.legal mandates.
B.ethical considerations.
C.legal imperatives.
D.national imperatives.
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Any writing that includes the essential elements of negotiability is considered a valid
check when signed and delivered by the:
A.payee.
B.maker.
C.endorser.
D.drawer.
In some states, strict liability applies only to products that:
A.are inherently dangerous.
B.have design defects.
C.have product flaws.
D.are degenerated.
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When two or more persons own equal shares of a property then it is called:
A.severalty.
B.co-ownership.
C.joint tenancy.
D.accession.
Employees and their families who lose employment health benefits have the right to
elect to continue group health benefits provided by their group health plan for specified
limited periods of time under:
A. Medicare
B. the Consolidated Omnibus Budget Reconciliation Act of 1985
C. The Affordable Care Act.
D.Health Insurance Portability and Accountability Act.
page-pf1a
The Federal Trade Commission:
A.gives the consumer a "cooling-off" period of three days and the right to cancel
contracts for either goods or services made in the consumer's home and to receive a full
refund.
B.gives a consumer the right to cancel a credit transaction within five days when the
contract requires that the consumer pledge his/her home as a security deposit.
C.allows consumers to request and obtain a free credit report once every six months
from each of the three nationwide consumer credit reporting companies.
D.regulates the collection, dissemination, and use of consumer credit information.
An employer is ___________ for an employees torts committed within the scope of
employment;
A.not responsible
B.rewarded
C.responsible
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D.ostracized
The requirement that the form of a contract be correct for the terms of the contract to
enforceable is the element of:
A.written form.
B.legal wording.
C.proper form.
D.consideration.
An executor is a person:
A.who inherits property from a deceased person.
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B.who has drafted the will of the deceased.
C.who is named by a court to judge matters of law.
D.named in a will who serves as the personal representative of a deceased person.
A period of time during which no state may levy sales taxes on Internet Service
Providers is known as a(n):
A.tallage.
B.scutage.
C.moratorium.
D.ad valorem tax.
Means of Alternative Dispute Resolution include:
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A.counseling and analysis.
B.mediation and arbitration.
C.preliminary and prohibitory injunctions.
D.temporary and permanent injunctions.
The _____________ publishes a kind of test that is used to help determine whether or
not someone is an employee or an independent contractor.
A.U.S. Attorneys Office
B.Department of Sate
C.Federal Trade Commission.
D.Internal Revenue Service
page-pf1e
The Occupational Safety and Health Act of 1970 was passed to promote
____________in the workplace.
A.anti-sexual harassment procedures
B.safety and health
C.anti-discrimination policies
D.employee assistance programs
The Environmental Protection Agency is charged with the responsibility of selecting
appropriate sites for and types of waste that may be discarded into the oceans by:
A.U.S. organizations.
B.international organizations.
C.European Union.
D.United Nations.
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Identify four kinds of agreements that lack consideration.
Briefly describe how title to land can be transferred by adverse possession.
page-pf20
Describe the similarities and differences between the judicial function of an
administrative agency and the formal judicial system.
The law gives everyone the right to enjoy his or her land without unreasonable
interference from others. What tort would be applicable if that right is denied?
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Explain the legal reasoning behind the concept of strict liability.
Describe copyrights, patents and trademarks. .
page-pf22
What is a trademark and for how long can one be registered?
page-pf23
Explain the purpose of the Occupational Safety and Health Act and two of its important
provisions.
Explain how defective agreements can occur.
page-pf24
Briefly discuss the differences between "tenancy by the entirety" and "tenancy in
common."
Explain larceny.
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Discuss objectives of the Clean Water Act and how it relates to Superfund.
State the differences between a novation and an assignment.
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Identify two reasons why a partnership may be dissolved.
page-pf27
Is an acceptance valid if it states terms additional to or different from those offered or
agreed upon? Please explain.

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