LGST 73193

subject Type Homework Help
subject Pages 9
subject Words 1161
subject Authors Henry R. Cheeseman

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If you rent property for an uninterrupted statutory period of time, you become the
owner of the property by adverse possession.
In Chapter 11 bankruptcy, the court will appoint a special union trustee to represent
union members and preserve union member rights during the bankruptcy.
The doctrine of res ipsa loquitur constitutes a type of defense to a negligence action.
The issuing bank serves as both the drawer and drawee of a cashier's check.
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Goods can be paid for in any manner currently acceptable in the ordinary course of
business (e.g., check, credit card) unless the seller demands payment in cash or unless
the contract names a specific form of payment.
Banks cannot charge interest on the overdrafts of its customers.
A bailment for a fixed term terminates at the end of the term, or sooner by the mutual
consent of the parties.
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To recover in a negligence per se action, the plaintiff must prove that a statute existed,
the statute was enacted to prevent the type of injury suffered, and the plaintiff was
within a class of persons meant to be protected by the statute.
The determination of whether a corporate director or officer has met his or her duty of
care is measured as of the time the decision is made; the benefit of hindsight is not a
factor.
Under the UCC, a contract is invalid under all circumstances if it does not state a price.
In property law, "confusion" refers to an owner being unable to determine the extent of
his property.
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Usually, a person cannot assign a currently nonexistent right that he or she expects to
have in the future.
The "Biosafety Protocol" allows consumers to decide on their own whether to purchase
genetically altered foods.
A plaintiff is automatically entitled to a writ of garnishment if execution of a writ of
attachment fails to produce proceeds sufficient to satisfy a breach-of-contract judgment
in favor of the plaintiff.
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Under Rawl's social justice theory, fairness is considered a secondary benefit of justice.
A promissory note is a negotiable instrument that the payee can freely transfer to other
parties.
United States citizens employed by U.S.-controlled companies in foreign countries are
covered by Title VII of the Civil Rights Act of
Even though a defendant's negligent act may have breached a duty of care owed to the
plaintiff, this breach is not actionable unless the plaintiff suffers injury or injury to his
or her property.
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Res ipsa loquitur applies in cases where the defendant had non-exclusive control of the
instrumentality or situation that caused the plaintiff's injury, and the injury would not
have ordinarily occurred but for someone's negligence.
The "covenant of quiet enjoyment" places responsibility on a landlord for disturbances
to the tenant resulting from actions in the vicinity of the leased premises.
The key in determining whether the Equal Pay Act applies to two workers is if their
jobs are equal and similar.
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Before the Industrial Revolution, the doctrine of laissez-fairegoverned the employment
relationship in the United States.
Goods sent "ex-ship The Maine" makes the buyer solely responsible for the expense
and risk of loss while the goods are in route.
A fully performed contract is called an executed contract.
A warehouse receipt is one form of a document of title.
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An invention is novel if it has some practical purpose.
The shareholders of a corporation are not personally liable for the debts of that
corporation.
In a limited liability company, the owners have limited liability only for judgments
under $500,000.
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According to the United States Supreme Court, in order for a work (e.g., a movie) to be
obscene, the work must depict or describe, in a mildly offensive way, sexual conduct
specifically defined by state law.
The seller or lessor may use self-help to reclaim goods if it is discovered after delivery
that the buyer or lessor is insolvent.
A corporation's board of directors has the authority to appoint the officers of the
corporation.
A trademark is a distinctive mark, symbol, name, word, motto, or device that identifies
the services of a particular business.
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In a credit transaction, the borrower is the debtor, and the lender is the creditor.
In order for the United Nations Convention on Contracts for the International Sale of
Goods (CISG) to apply to an international sales contract, both of the nations must be
parties to the convention, and the contract must specify that the CISG controls.
A bank cannot pay a drawer's check if sufficient funds are not in the drawer's account,
unless prior arrangements, such as an overdraft protection line of credit, have been
made.
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The trustee of a living trust may be the grantor.
Article 2 and 2A and Revised Article 2 and 2A contain the same monetary thresholds
for contracts and leases that must be in writing.
If the promisor fails to perform in a donee beneficiary contract, the donee beneficiary
can sue the promisor directly.
The Federal Trade Commission (FTC) regulates the activities of securities brokers and
advisors, and this regulation includes registering brokers and advisors and taking
enforcement action against those who violate securities laws.
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A qui tam lawsuit brought under the federal False Claims Act permits private parties to
sue companies for fraud on behalf of the government.

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