LB 409 Test 2

subject Type Homework Help
subject Pages 9
subject Words 2196
subject Authors Henry R. Cheeseman

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All states provide that persons under a certain age, such as 14 or 15 years of age, cannot
be married.
If a newspaper review calls a commercially-successful actor talentless, it is liable for
defamation of character.
To be negotiable, a draft or check must contain the drawer's unconditional order to pay
a payee.
A decertification election is held when an employer does not want the presence of
multiple unions in the organization.
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The canons of Christian faiths provide rules for believers to follow in living their lives
and professing their faith.
Fraud in the inducement is a personal defense that is not effective against HDCs.
A misrepresentation of a material fact is actionable as fraud only if it occurs by words.
A defect in manufactureoccurs when the manufacturer fails to warn customers about the
dangerous propensities of its products.
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The wrongful or fraudulent taking of another's personal intangible properties such as
trade secrets, computer programs, and other business property is considered as a(n)
________.
A) larceny
B) robbery
C) aggravated burglary
D) aggravated robbery
Libel and slander constitute ________.
A) the tort of outrage
B) defamation of character
C) the tort of appropriation
D) intentional misrepresentation
In which of the following cases is an overdraft created in a drawer's account?
A) a properly payable check issued by the drawer is presented for payment, but the
drawer's account does not have sufficient funds in it
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B) the drawer issues a stop-payment order for a check, but the bank still goes ahead and
pays the holder of the check
C) the bank pays the holder of a check in which the amount payable is altered to
indicate a higher amount than was originally intended
D) the payee presents the check after six months from the date of the check and the
bank still pays the holder
Which of the following is true about real property?
A) Real property refers to personal property permanently attached to a land.
B) Real property can be either tangible or intangible property.
C) Real property cannot become personal property under any circumstance.
D) Real property includes land and property permanently attached to it.
Kimberly Inc., a jewelry manufacturer, and JKCent, a retailer, draft a contract that
permits JKCent to retail Kimberly's jewelry in its stores. However, the parties discover
a minor clerical error six months into the contract and the court rewrites their contract.
This is an instance of ________.
A) restitution
B) rescission
C) injunction
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D) reformation
The federal National Labor Relations Board is empowered to regulate the formation
and operation of labor unions in most industries and businesses in the United States.
Such a regulation is an example of a(n) ________.
A) general government regulation
B) specific government regulation
C) cabinet-level regulation
D) zoning regulation
What is a homestead exemption?
A) investment in realty that a debtor must forfeit
B) equity in a home that a debtor is permitted to retain
C) remainder of the debtor's interest in commercial property that is returned to him after
fulfilling creditors' claims
D) all of the debtor's assets converted to cash
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How are ethical rules established in Kantian ethics?
A) by a set of universal rules that are based on consistency and reversibility
B) by following principles that have been derived from holy books
C) by an individual's feelings on what is right and wrong
D) by choosing the alternative that is best for society as a whole
Liability on a negotiable instrument that is imposed on a party only when the party
primarily liable on the instrument defaults and fails to pay the instrument when due is
referred to as ________.
A) secondary liability
B) unqualified liability
C) fringe liability
D) warranty liability
The Pittsburgh Peelers are a professional soccer team playing in Major League Soccer.
They recently approached Darth Water, a leading sports-drink manufacturer, to sponsor
their team for the upcoming season. Darth Water agrees to sponsor the team for an
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amount of $1 million, to be paid in installments over the course of the season. Darth
Water instructs its bank, Orange County Bank, to wire the funds to Pittsburgh Peelers'
bank, the Jersey Shore Bank. Which of the following parties is the originator of the wire
transfer in the above case?
A) Pittsburgh Peelers
B) Jersey Shore Bank
C) Darth Water
D) Orange County Bank
In a shipment contract, when is the title to the goods considered to have passed to the
buyer?
A) when the seller makes the offer to the buyer
B) when the seller hands over the goods to the common carrier
C) when the seller tenders delivery of the goods at the specified destination
D) when the goods are at the time and place of the shipment
________ is the most widely used domain extension in the world and is preferred by
businesses.
A) .net
B) .com
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C) .biz
D) .org
The ________ establishes a uniform and comprehensive set of rules that govern the
creation, performance, and enforcement for computer information transactions.
A) CAN-SPAM Act
B) UCITA
C) ECPA
D) ACPA
The equitable doctrine of ________ obligates a minor to only pay reasonable value for
goods or services received.
A) emancipation
B) restraint of contract
C) contract of adhesion
D) quasi-contract
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________ refers to an arrangement in which a seller delivers goods to a buyer to sell on
his or her behalf.
A) Consignment
B) Void entitlement
C) Entrustment
D) Leasing
The courts ordered Colton to pay 25 percent of his gross monthly income as child
support. Additionally, the court ordered Colton's employer to automatically withhold 25
percent of his wages and send a check in that amount to Sally. This mode of providing
alimony to Sally is stipulated by the ________.
A) Defense of Marriage Act
B) Marriage Protection Act
C) Equal Protection Clause
D) Family Support Act
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Contracts that have been fully performed by one side but not by the other are classified
as ________ contracts.
A) executory
B) executed
C) void
D) voidable
________ are an example of real property.
A) Buildings
B) Patents
C) Automobiles
D) Works of art
Which of the following is true of the "deferred posting rule"?
A) It allows banks to fix an afternoon hour of 2:00 or later as a cutoff hour for the
purpose of processing checks and deposits.
B) According to this rule, when a customer deposits a check for collection, the
depository bank does not have to pay the customer until the check clears.
C) It mandates banks to mail their checking account customers monthly statements of
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their accounts and any canceled checks should accompany this statement.
D) According to this rule, a customer is liable for payment to his bank if he fails to
report any unauthorized transactions within 30 days from the receipt of the account
statement.
Thoroughly and completely explain express warranties.
Describe in brief the concepts of electronic dispute resolution, electronic arbitration,
and electronic mediation.
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Distinguish between strikes and picketing. When is picketing lawful?
How are unjust enrichment and unjust detriment prevented, in the context of contracts?
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List the presentment warranties related to negotiable instruments.
What are forged negotiable instruments?
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Explain the role of penal codes and regulatory statutes in criminal law.

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