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An unincorporated association:
a. cannot sue in its own name.
b. cannot be sued in its own name.
c. does not have any legal existence apart from the members who compose it.
d. all of the above.
Generally, what would not be considered a "reasonable accommodation" for persons
with disabilities?
a. making an accommodation that would constitute an "undue hardship" for the
employer
b. making existing facilities accessible to and usable by individuals with disabilities
c. modifying work schedules
d. restructuring jobs
Proposed administrative regulations must be:
a. printed in the Federal Register.
b. published in the trade journals of those trades that will be affected by the proposed
rules.
c. both a. and b.
d. none of the above.
Which of the following is not a classification of ordinary bailments?
a. for the sole benefit of the bailor
b. for the sole benefit of the bailee
c. for the sole benefit of the third party beneficiary
d. for the mutual benefit of the bailor and the bailee
Which of the following is not a sale of goods?
a. a bailment
b. an option to purchase
c. a gift
d. all of the above
When an employer intentionally treats some employees less favorably than others, the
legal theory that applies is:
a. disparate impact.
b. affirmative action.
c. reverse discrimination.
d. disparate treatment.
If a wire manufacturing company owned a mill to produce the metal used in making the
wire, this relationship between the companies would be best be described as:
a. a conglomerate.
b. a holding company.
c. an integrated industry.
d. a merger.
When a debtor tender a check stating €paid in full€ and the creditor cashes the
check, the debt:
a. is always discharged.
b. may be discharged if it is a liquidated debt.
c. may be discharged if it is a unliquidated debt.
d. is never discharged.
When a partnership is dissolved by the act of a partner, notice:
a. is not required.
b. must be given to the other partners only.
c. must be given to third persons only.
d. must be given to both other partners and third persons.
The contact rule applies in which of the following states?
a. Alabama
b. Indiana
c. New York
d. All of the above
When no limited partnership certificate is filed, what is the result?
a. Only limited partners are fully liable.
b. Only general partners are fully liable.
c. Limited partners retain their limited liability.
d. Both general and limited partners are fully liable.
Where the debtor has fewer than twelve (12) creditors, how many must sign an
involuntary petition?
a. one (1), assuming that the creditor€s unsecured claim is at least $14,425
b. one (1), assuming that the creditor€s secured claim is at least $15,575
c. three (3), assuming that the creditors€ unsecured claims total at least $14,425
d. three (3), assuming that the creditors€ secured claims total at least $15,575
An oral contract to sell a house is binding if:
a. the agreement is witnessed by a member of the clergy.
b. there is a tape recording of the agreement.
c. the buyer paid the price and received the deed of conveyance.
d. the seller is a merchant.
Which of the following does not result in dissolution of the partnership by operation of
law?
a. The expulsion of a partner.
b. Bankruptcy of the partnership or of one of the partners.
c. The death of a partner.
d. All of these will result in dissolution of the partnership by operation of law.
An administrative agency has the power to investigate, to require persons to appear as
witnesses, to require witnesses to produce relevant papers and records, and to bring
proceedings against those who violate the law.
After the dissolution of a partnership, partners retain the authority to perform any acts
necessary to wind up the business.
The parol evidence rule generally precludes testimony that would contradict a complete
written contract.
To be effective, checks must be executed on forms that are printed expressly for that
purpose and issued by a bank or other financial institution.
Requiring buyers to purchase one product in order to get another is acceptable practice
and not a violation of the Sherman Act.
The liability of an agent to a third person depends on the existence of authority and the
manner of executing the contract.
