JD 89322

subject Type Homework Help
subject Pages 35
subject Words 8287
subject Authors Daniel Herron, Linda Barkacs, Lucien Dhooge, M. Neil Browne, Nancy Kubasek

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page-pf1
A sole proprietor is considered a separate legal entity.
Case law is another name for common law.
Identification of when the risk of loss attaches is important in regards to the right of
indemnification for damaged goods.
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In a dispute between a secured perfected creditor and a secured unperfected creditor, the
secured unperfected creditor would be the prevailing party.
Someone who unknowingly purchases stolen goods has good title.
Trade-secret protection is lost if another business discovers the trade secret in a lawful
manner.
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The National Conference of Commissioners urges states to enact model laws to provide
greater uniformity throughout the country.
An intended beneficiary is a third party to a contract whom the contracting parties
intended to benefit directly from their contract.
A person who is hired to perform a task for another but who is not the other's employee
is called an independent contractor.
page-pf4
A tombstone advertisement announces a forthcoming sale of securities in a format
similar to that of a tombstone.
Consideration that was provided before the promise was made, known as past
consideration, qualifies as consideration.
Stare decisis is a legal principle that rulings made by higher courts are binding on lower
courts in the same jurisdiction.
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Ethical conversation is primarily about finding the one and only right thing to do.
Express warranties may be found in advertisements.
Course of dealing is the history of dealings between the parties in the particular contract
at issue.
page-pf6
The U.S. Constitution establishes a system of government based on the principle of
federalism.
Under a quasi-contract is imposed the amount of damages for a breach which may be
awarded is based upon the fair market value of any service provided to the defendant.
page-pf7
The practice of advertising with claims that mislead or could mislead a reasonable
consumer is deceptive advertising.
The Americans with Disabilities Act is enforced by the Equal Employment Opportunity
Commission in the same way that Title VII is enforced.
A business in which one person is in control of the management and profits is a
partnership.
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An agent's obligation to act in the interest of the principal is known as a duty of
performance.
European courts permit rescission of a contract for a mistake of value when the mistake
involves more than 40 percent of the value at the time of the contract.
Only federal laws prohibit discrimination on the basis of sexual orientation.
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Courts will not void contracts for reason of mutual mistake.
An invention may be considered a trade secret.
Concurrent federal jurisdiction means that both state and federal courts have
jurisdiction over a case.
page-pfa
Under UCC sections 2-301 and 2A-516(1), the basic obligation of the buyers and
lessees is to accept and pay for conforming goods in accordance to the contract.
Partial payment of a debt is usually valid consideration, for a liquidated debt.
All property that is not land or permanently affixed to land is personal property.
page-pfb
A person must be a lawyer in order to serve as an arbitrator.
The universalization test provides that people should interact with others the way they
would like to be treated.
page-pfc
Business law consists of the suggested rules of conduct that govern commercial
relationships.
As a general rule, parents are not liable for contracts entered into by their minor
children.
When perfection by possession occurs, the parties do not have to create a written
security agreement.
page-pfd
Contract law is based upon federal statutes.
A court must have several types of jurisdiction to decide any particular case.
Negotiation is the transfer of possession to a third party who becomes the holder of the
negotiable instrument.
page-pfe
In a pure comparative negligence defense, the defendant must be more than 50 percent
at fault for the plaintiff to recover.
The sole proprietor has complete control of the management of the business and keeps
all the profits from the business.
If a pet store dumps waste from its business behind its building, it is a violation of a
page-pff
private law.
When duress is at issue, the _____ needed for legal consent has been removed by the
specifics of the threat.
A. free will
B. knowledge
C. specifics
D. consideration
E. realization
Which of the following was recognized by the U.S. Supreme Court in Oncale v.
Sundowner Offshore Services, Inc., the case in the text addressing whether a plaintiff
could prevail in a sexual harassment when the harassers were of the same sex?
A. That same sex harassment states a claim under Title VII only if the harasser is a
homosexual.
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B. That same sex harassment may never state a claim under Title VII.
C. That same sex harassment may state a claim in the male-to-male context but not in
the female-to-female context.
D. That same sex harassment may state a claim under Title VII.
E. That same sex harassment may state a claim only if there was also involvement by at
least one person of the opposite sex in the harassment.
What does the term "political speech" refer to?
A. Speech that occurs when corporations support political candidates or referenda.
B. Speech that occurs when a corporation advertises products.
C. Speech by elected officials regarding other elected officials.
D. Speech by individuals involving politicians.
E. None of these.
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Yard Mowing. Paula agreed to mow John's yard once a week for $50 per week
throughout the summer. Paula, however, was having trouble getting her money from
John. On one occasion, he in handwriting gave her an IOU stating "I, John Jones, owe
Paula Smith $50" which he signed at the end. A couple of weeks later, John did not
have the money with which to pay Paula for additional mowing, and he handwrote the
following on a piece of paper and gave it to her: "I, John Jones, promise to pay Paula
Smith or to bearer, the sum of $100 on Monday, July 22, 2012." Paula quit mowing
John's yard, and disgusted with John, Paula assigned both documents to Vince. When
Vince presented the documents to John, John refused to pay on the basis that after
inspecting the yard, he decided that Paula was doing a poor job. Vince told him the
documents constituted negotiable instruments, but John disagreed. What is the effect of
the instruments being written by hand?
A. Handwriting does not prevent the instruments from being considered negotiable only
because neither Paula nor John would be considered merchants in the transactions at
issue.
B. Handwriting does not prevent the instruments from being considered negotiable only
because John would not be considered a merchant in the transaction at issue, and
Paula's status as a merchant is irrelevant.
C. Handwriting does not prevent the instrument from being considered negotiable only
because Paula would not be considered a merchant in the transaction at issue, and
John's status as a merchant is irrelevant.
D. Handwriting does not prevent the IOU instrument from being negotiable, but it does
prevent the other instrument from being negotiable.
E. The issue of the instruments being handwritten does not prevent either from being
considered negotiable.
How much must a shareholder who signs a stock subscription pay for no-par shares?
A. The depreciated value
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B. At least the value on the last sale
C. The value as set by the board of directors
D. The value as voted upon by shareholders
E. The fair market value
A promise or set of promises for the breach of which the law gives a remedy or the
performance of which the law in some way recognizes a duty is known as a(n) _____.
A. contract
B. offer
C. consideration
D. acceptance
E. legal object
page-pf13
Which of the following satisfies the currency requirement for negotiability in the
United States?
A. U.S. dollars only
B. U.S. dollars or English pounds
C. U.S. dollars, English pounds, or euros
D. U.S. dollars, English pounds, euros, and Japanese yen
E. U.S. dollars, English pounds, euros, Japanese yen, and gold
Which of the following is needed in order for the implied warranty of fitness for a
particular purpose to be applied?
A. Both parties must be merchants and a sale must be involved.
B. Both parties must be merchants, and either a sale or lease may be involved.
C. The seller must be a merchant and a sale must be involved.
D. The seller or lessor must be a merchant, and either a sale or lease may be involved.
E. None of these.
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Claims to Funds. Paul had a great job as a bank executive. Unfortunately, his bank
came under scrutiny by federal regulators and while Paul had done nothing illegal, he
ended up being fired. Unfortunately for Paul, he had a number of debts. Among his
assets were a house worth $250,000 on which he owed $150,000 to a bank that held a
security interest; three vehicles; an expensive watch worth $5,000; and $120,000 in an
Individual Retirement Account "IRA". He owed $900 per month in child support to his
ex-wife Suzy and was behind on payments in the amount of $1,800. He also owed
$2,000 in wages consisting of four months of back pay to Bob who took care of Paul's
landscaping needs and swimming pool care. Unable to find a job and believing that he
had no other option, Paul filed for Chapter 7 bankruptcy. All debtors angrily demanded
payment from liquidation of Paul's assets. Paul, on the other hand, claims that he needs
all the above-mentioned assets and that he should not have to give up anything. Only
federal bankruptcy exemptions apply to Paul's case. Which of the following is true in
regard to the claims of Suzy and Bob in reference to their status as unsecured creditors?
A. Suzy's claims have priority.
B. Bob's claims have priority.
C. Suzy and Bob are on equal footing and will receive the same percentage of funds.
D. Suzy's claims have priority only up to $1,000 and after that amount is satisfied, Suzy
and Bob are on equal footing and will receive the same percentage of funds.
E. Bob's claims have priority only up to $1,000 and after that amount is satisfied, Suzy
and Bob are on equal footing and will receive the same percentage of funds.
All states except ______ adhere to the admission exception to the statute of frauds.
page-pf15
A. Hawaii and Alaska
B. Louisiana and New York
C. Louisiana and California
D. Kentucky and Florida
E. North Carolina and Montana
If a trademark is registered, what may the owner obtain in the event of infringement
from a person who used the trademark to pass off goods as being those of the mark
owner?
A. Damages
B. An injunction prohibiting the infringer from using the mark
C. An additional amount of damages computed as a multiplier of 5 times the original
damages
D. Damages, an injunction prohibiting the infringer from using the mark, and additional
damages based on a multiplier of 5 times the original damages
E. Damages and an injunction prohibiting the infringer from using the mark
page-pf16
The transfer of possession of a negotiable instrument to a third party who becomes a
holder of the negotiable instrument is a(n) _____________________.
A. transfer
B. negotiation
C. acknowledgement
D. referral
E. delivery
An error on the part of both parties to an agreement is a(n) _____ mistake.
A. unclear
B. mutual
C. unilateral
D. clear
E. single
page-pf17
Which of the following is a limit on agency power?
A. Political
B. Statutory
C. Informational
D. Political, statutory, and informational
E. Political and statutory, but not informational
Portraits. Belinda, a famous portrait painter, agreed to paint Harry's portrait for $5,000.
She also agreed to paint the portraits of Michelle's two Welsh Corgi dogs, Baby and
Bree. Michelle agreed to pay Belinda $12,000 for the portraits. Belinda charged
Michelle more because dogs annoyed her. Belinda met the spoiled dogs, and they really
got on her nerves. Plus, she was behind on finishing Harry's portrait. Belinda, therefore,
proceeded to assign the right to receive the money for the dog portraits and the duty to
paint the dog portraits to her assistant, Fred. He eagerly accepted and painted the
portraits. As payment for amounts she owed him for various duties, Belinda also
assigned to Fred the right to receive payment from Harry. Neither the contract Belinda
had with Harry nor the contract she had with Michelle expressly prohibited assignment
or delegation of contractual rights and duties. Belinda finished the portrait of Harry and
called him to come and pick it up. Meanwhile, a disgruntled secretary who disliked
Belinda told both Michelle and Harry about the agreements with Fred. Michelle was
furious and refused to pick up the portrait or pay anyone. Harry likewise refused to pay
for his portrait claiming that the right to payment could not be assigned. What would be
the most likely result if Fred sues Michelle for the $12,000 payment?
A. Fred will win only if Fred did a good job on the portraits.
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B. Fred will lose because Michelle's only obligation is to pay Belinda.
C. Fred will win unless Michelle can prove that Fred knew that she did not want him to
do the portraits.
D. Fred will lose unless Fred can prove that he did not know that Michelle did not want
him to do the portraits.
E. Michelle will win because painting the portrait was personal in nature and could not
be delegated.
Environmental Concerns. Connie, the president of a company that makes paper, has a
new interest in the environment. She recently went to a seminar on environmental
dangers and has decided to take steps to clean things up. She started at home and was
also committed to change things at work. Connie had to face the fact that her company
has been cheating and is not in compliance with applicable environmental regulations
due to dumping in a nearby river. Her company has never been cited, however, because
it employs a very large number of people in the community, including the mayor's wife
and the chief-of-police's brother. On her mission to clean things up, Connie has decided
to go even further than the law requires and install the very latest environmental
protections. When she announced her plan, the chair of the company's board of
directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the
situation carefully because the cost of the additional equipment would mean no
dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie
that installing all the new equipment would result in higher prices for the company's
paper products and could bankrupt the company because of foreign competition.
Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie
just be concerned with a minimal standard of ethics. Connie, however, decides to go
forward with her plan to clean things up under the theory that she wants to treat others
in the same manner that she wants to be treated. Under Connie's theory, if she did not
understand the importance of the environmental improvements, she would want them to
be thrust upon her. Connie's idea is best referred to as ______.
A. the Golden Rule
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B. the Disclosure Principle
C. the Help Peers Test
D. the Sarbanes-Oxley Rule
E. the Greenhouse Rule
Earthquake. Stewart, the owner of ABC Construction, agreed with Joan, the owner of
XYZ Hotel that he would complete renovations on her upper scale hotel on the beach in
Florida by October 1. The amount due to Stewart under the contract was $250,000. The
contract contained a clause by which Stewart would pay Joan $50,000 for each day he
was late on completing the project. Unfortunately, an unexpected strong earthquake
shook the area; and while the earthquake did not damage the hotel itself, Stewart
encountered significant difficulty in getting supplies due to the high demand for
building material following the earthquake. Because he believed that traveling, himself,
to other states to obtain supplies would be prohibitively expensive, he delayed the
project for two weeks while waiting for local stores to have sufficient supplies
available. Stewart finished renovations six days late. Joan told Stewart that she owed
him nothing but that he owed her $50,000. Stewart told Joan that he was suing for the
entire $250,000 because it was not his fault the earthquake delayed matters. Assuming
the earthquake does not affect Stewart's liability for damages, which of the following is
true regarding the provision that he will pay $50,000 for each day he is late?
A. It will be upheld based on freedom of contract.
B. It will be upheld because the penalty per day is less than one half the amounts due
for the job.
C. It will be upheld as a stipulated amount.
D. It will be struck because parties are prohibited as a matter of law from specifying
damages.
E. It will be struck as a penalty.
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Courtney, who does not keep up with the price of current technology, agrees to buy a
used computer from Jake for $2,500. Later, Brice tells Courtney that she made a really
bad deal and that she could get an even better new computer for no more than $1,000.
Courtney tells Jake that she is not giving him any money because he was not fair with
her. Which of the following is the most likely result if Jake sues Courtney alleging
breach of contract?
A. Brice will win only if he can establish that Brice is wrong and that the deal was
actually reasonable.
B. Brice will win because the court would not weigh whether a good bargain was made.
C. Courtney will win if she can establish that she paid at least 75% more than the
computer was actually worth.
D. Courtney will win if she can establish that she paid at least 50% more than the
computer was actually worth.
E. Courtney will win if she can establish that she made a bad deal and that truly she was
not aware of current prices of computers.
Book Payment. Molly and Pat signed a contract providing that "Pat will furnish the
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correct used business law book for use in Molly's business law class; and in return on
August 15, 2011, Molly promises to pay Pat $50 for the book." Molly took the book
and planned to pay Pat. Meanwhile, Pat properly assigned the contract Molly had
signed to Jack. When Molly went to class, however, she discovered that the book was
the incorrect book. When Jack asked Molly for payment, Molly refused. Molly told
Jack that the book was useless to her and that she was not paying either him or Pat
anything for it. Jack told Molly that he had an enforceable assignment in the form of a
negotiable instrument and that he could collect regardless of whether the book was
useless. Molly did not believe him. Continuing with her attempt to save money on
books, Molly agreed to buy Tim's U.S. history book for $40. She had an oral agreement
with Tim that he would give her the book and that she would pay him in three days.
This time Molly got the right book. Tim, in writing, properly assigned the right to the
$40 payment to Richard. Richard asked Molly for the money. Molly admitted her
agreement with Tim but told Richard that she was not going to pay him because he did
not have a negotiable instrument. Molly also purchased a communications book from
Sam promising in writing to give him in return the next day, to his order, a used DVD
player she owned. Which of the following is true regarding Molly's assertion that
Richard did not have a negotiable instrument?
A. Molly is incorrect, and the document by which Tim assigned the right to Richard is a
negotiable instrument in regard to her duty to pay.
B. Molly is correct because her agreement with Tim was not in a writing containing
words of negotiability or words indicating the presence of a bearer instrument.
C. Molly is correct because Richard was not a party to the original contract.
D. Molly is incorrect because her admission establishes the existence of a negotiable
instrument between her and Tim that could be assigned to Richard.
E. Molly is correct because she did not immediately transfer funds to Tim and also
because her agreement with Tim was not in a writing containing words of negotiability
or words indicating the presence of a bearer instrument.
Under which of the following is a trademark protected under state common law?
page-pf1c
A. If it is used interstate
B. If it is used intrastate
C. If it is used commercially
D. If it is used intrastate and commercially
E. A trademark cannot be protected under state common law
Which of the following are considered banks under the UCC?
A. Savings and loans.
B. Credit unions.
C. Trust companies.
D. Savings and loans, credit unions, and trust companies.
E. Savings and loans and credit unions, but not trust companies.
page-pf1d
Which of the following is true regarding express warranties?
A. They may be part of a brochure.
B. They may arise from a salesperson's oral promise.
C. A sample or model may provide an express warranty.
D. They may be part of a brochure, they may arise from a salesperson's oral promise,
and a sample or model may provide an express warranty.
E. They may be part of a brochure and they may arise from a salesperson's oral
promise, but a sample or model may not provide an express warranty.
Which of the following is the most likely result if an agent admits to the principal that a
check for the principal was forged and placed into the agent's bank account, but the
principal does nothing until two months later after the agent leaves town with the
funds?
A. The checks were forged; the principal can receive reimbursement of the funds from
any maker involved or any bank that cashed the checks.
B. The principal can receive reimbursement from makers of the checks only.
C. The principal can receive reimbursement from any bank that cashed the checks only.
D. It is likely that it will be determined that the principal ratified the signatures and that
the principal cannot recover from either makers or banks that cashed the checks.
E. The principal can recover from either the makers or any banks that cashed the checks
only if it can be shown that the agent cannot be located for criminal prosecution.
page-pf1e
Which of the following is a type of rule that an agency may enact?
A. Procedural and interpretive
B. Interpretive and legislative
C. Legislative and judicial
D. Procedural, interpretive, and legislative
E. None
Shaky Bicycles. Rhonda, an incorporator who filed the articles of incorporation for
ABC Corporation, a corporation set up to sell bicycles, listed the correct town and street
but incorrectly put the wrong street number in the document. Helen, a manufacturer of
bicycle parts, had sold a number of parts to ABC Corporation. Unfortunately, the
corporation was not making any profit, and Helen was not paid in a timely manner.
Rhonda told her that the corporation was not liable because it was not validly formed
due to the address mistake. Bernice, another creditor of ABC Corporation, also claimed
that a shareholder of Shaky Bicycles, Slick, was personally liable to her. Bernice
alleged that Slick committed fraud against her when he told her that ABC Corporation
was making large amounts of money, that if she would only loan $50,000 to the
corporation he would marry her, and that the corporation would make so much money
that she would be wealthy in six months. She loaned the funds, but the corporation has
been unable to repay her. Slick told her that he is sorry, but that her only avenue of
recovery is through the corporation. Which of the following would a court likely rule
page-pf1f
regarding the status of ABC Corporation as a corporation?
A. That the business was a de jure corporation.
B. That the business was a de facto corporation.
C. That the business was a corporation by estoppel.
D. That the business was a veiled corporation.
E. That the business was not a corporation at all.
The termination of the contract is known as __________.
A. rescission
B. reformation
C. restitution
D. injunction
E. compensation
page-pf20
Third-Party Woes. Trudy owed Sam $40 for a book she purchased from him. Trudy
mowed Betty's yard for $40 and agreed with Betty that Betty would pay Sam for the
book. Sam is not initially aware of the agreement. Betty pays no one. Trudy also
mowed Bob's yard for $40 in return for Bob's agreement to give the payment to Sally
representing Trudy's birthday present to Sally. Bob later refuses to do so saying that
promises to give gifts are not enforceable. He then moves out of town. Trudy tells both
Sam and Sally that she is broke, that Sam needs to get his $40 for the book from Betty,
and that Sally is owed $40 from Bob for her birthday present. Which of the following is
the likely result if Sam sues Betty for the $40 that Trudy owes him for the book?
A. Sam will lose because the attempted delegation was against public policy.
B. Sam will lose because his only right of action is against Trudy.
C. Sam will lose because he was not aware of the assignment before the duties were
completed.
D. Sam will win only if he can prove that Trudy has insufficient funds with which to
pay him.
E. Sam will win.
Garage sale. Richard, who is cleaning out his garage, offers to sell Dawn a used
computer for $200. Dawn replies that "I'll think about it and buy it if I decide to do so."
Richard also calls Denise and offers to give Denise a used business law book. She is
excited to receive the book and tells him that she will pick it up the next day. Richard
also agrees to sell a communications book for $50 to Jill who promises to pick it up the
next day. Meanwhile, Sam comes to visit, offers Richard $20 for the business law book
and Richard sells it to him. Sam also offers Richard $50 for the used computer. Richard
sells it to Sam because he does not expect to hear from Dawn. Sam sees the
communications book and offers Richard $60 for it. Richard decides to forget about Jill
and proceeds to sell the book to Sam for $60. Denise is very angry because Richard did
not save the book for her and claims that he breached a contract because she had
accepted his offer. Jill is also angry because Richard sold the communications book and
informs him that he breached the contract he had with her. Exactly 31 days later, Dawn
tells Richard that she would like the computer. She tells him that her response
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constituted consideration in that it bound him to an option contract and that he should
have awaited her final decision. Richard tells Sam that he needs to return everything for
a full refund. Sam refuses. Which of the following is true regarding the dispute between
Richard and Sam regarding whether Sam must return anything?
A. Sam must return the computer only.
B. Sam must return the business law book only.
C. Sam must return the communications book only.
D. Sam must return the computer, the business law book, and the communications
book.
E. Sam does not legally have to return anything.
Yard Mowing. Paula agreed to mow John's yard once a week for $50 per week
throughout the summer. Paula, however, was having trouble getting her money from
John. On one occasion, he in handwriting gave her an IOU stating "I, John Jones, owe
Paula Smith $50" which he signed at the end. A couple of weeks later, John did not
have the money with which to pay Paula for additional mowing, and he handwrote the
following on a piece of paper and gave it to her: "I, John Jones, promise to pay Paula
Smith or to bearer, the sum of $100 on Monday, July 22, 2012." Paula quit mowing
John's yard, and disgusted with John, Paula assigned both documents to Vince. When
Vince presented the documents to John, John refused to pay on the basis that after
inspecting the yard, he decided that Paula was doing a poor job. Vince told him the
documents constituted negotiable instruments, but John disagreed. Which of the
following is true regarding whether the handwritten statement "I, John Jones, owe Paula
Smith $50" coupled with the signature of John Jones is sufficient to constitute a
negotiable instrument?
A. The instrument is negotiable because John Jones signed following the statement of
debt.
B. The instrument is negotiable regardless of whether John Jones additionally signed
following the statement of debt.
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C. The instrument is negotiable only so long as Paula Smith does not attempt to transfer
the document to anyone.
D. The instrument is not negotiable because the amount due to Paula was overdue when
the IOU was made.
E. Acknowledging a debt through an IOU does not create an unconditional promise or
order to pay.
After the initial renewal, assuming a trademark was initially registered after 1990, how
often must the trademark be renewed?
A. Every nine years
B. Every ten years
C. Every eleven years
D. Every twelve years
E. Every thirteen years
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Nails. Mona and her friends Jack and Bobby, all U.S. citizens, want to open a nail salon
in Tennessee. They would all like to avoid personal liability for debts of the business
and for wrongful acts of each other. They would also like to avoid taxation as much as
possible. Mona is in favor of a corporation and asks if there is any problem with that
form of business. Jack and Bobby say that they want to receive profit distributions and
that they are concerned about excessive taxation with a corporation. Jack and Bobby
urged the formation of a partnership even in the face of personal liability. Mona did
some research and suggested an S corporation to Jack and Bobby. Are Jack and Bobby
correct that tax liability will likely be greater with a corporate form of business (not an
S corporate form) and why?
A. No, they are incorrect because with only three shareholders, tax liability with a
corporation would likely be less than tax liability with a partnership.
B. No, they are incorrect because with only three shareholders, tax liability would be
exactly the same with a corporation as with a partnership so long as the net income of
the corporation was not over $250,000.
C. No, they are incorrect because with only three shareholders, tax liability would be
exactly the same with a corporation as with a partnership so long as the gross income of
the corporation was not over $150,000.
D. No, they are incorrect because with only three shareholders, tax liability would be
exactly the same with a corporation as with a partnership so long as the gross income of
the corporation was not over $100,000.
E. Yes, they are correct because the corporate form of business would result in double
taxation with the corporation being taxed on income and shareholders being taxed again
on dividends they receive.
Define the term "criminal fraud" and discuss the three elements generally involved in
establishing criminal fraud.
page-pf24
List and discuss the questions and factors considered by a court in determining whether
a party is an intended or incidental beneficiary.
Discuss the damages a seller or lessor may recover when a buyer or lessee is in breach
and the goods are sold or leased to another party.
page-pf25
Cindy who was riding her new bicycle accidentally ran over jogger Bruce's foot. He
sues. Cindy is suspicious that he is not hurt as badly as he claims. What would Cindy
want to know for trial, and how could she and her lawyer find out? Fully discuss and
explain the discovery process and methods to obtain information.
Millie mows her own yard to save money. Her neighbor Paul, however, hires a lawn
service to mow his yard. One day Millie is looking out the window and sees Paul's lawn
service drive up. Surprisingly, they begin to mow her yard, not Paul's yard. Millie
thinks that is great and keeps her mouth shut while they mow the yard. Later, she gets a
bill. She calls the owner of the lawn service and says that she does not have to pay
because there was no contract by she agreed to have her yard mowed. Discuss whether
the lawn service is entitled to any recovery and why or why not.
page-pf26
Set forth the conditions under which a holder may take an instrument for value.
What are the two general goals of bankruptcy laws?
Identify the elements of negligence.
page-pf27
Discuss the rights of corporations under the Bill of Rights.
Discuss the extent of ownership rights when a person owns a fee simple absolute in
land, meaning what interests, if any, does the owner have in addition to rights to use the
surface of the property.
Set forth the requirements a party must meet in order to be considered a holder in due
course.
page-pf28
List the advantages and disadvantages of a sole proprietorship form of business.
How are arbitrations similar and dissimilar to a court trial?
page-pf29
What types of contracts does the statute of frauds require to be in writing?

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