LWP 19258

subject Type Homework Help
subject Pages 41
subject Words 8843
subject Authors Carrie Williamson, Daniel Herron, Linda Barkacs, Lucien Dhooge, M. Neil Browne, Nancy Kubasek

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page-pf1
A defendant who believes that he or she has a claim against the plaintiff would include
a counterclaim with the answer.
According to the UCC, value is consideration.
Asset purchases are similar to mergers and consolidations because a corporation that
purchases the assets of another corporation generally acquires its liabilities.
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The primary source of authority for federal regulation of business is the First
Amendment to the U.S. Constitution.
A negligent misrepresentation results when the party making the statement would have
known the truth about the fact had he used reasonable care to discover or reveal it.
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Subject-matter jurisdiction is a court's power to hear certain kinds of cases.
Cooperatives must be incorporated.
If a transfer is through endorsement, transfer warranties apply to any future holders;
however, if the transfer does not occur through endorsement, the warranties apply only
to the transferee.
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Liquidated damages will be enforced based upon the free-will concept of contracts even
if the liquidated damages amount is unreasonable.
A person who is intoxicated when signing a contract may not avoid the contract based
on being intoxicated because being intoxicated is a voluntary condition.
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Under Chapter 7, liquidation may be voluntary but not involuntary.
The landmark early U.S. Supreme Court case of Marbury v. Madison recognized the
right of courts to exercise judicial review in order to determine the constitutionality of
laws.
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As understood in the General Agreement on Tariffs and Trade, a subsidy is a
government financial contribution that confers a benefit on a specific industry or
enterprise.
A limited partnership and a limited liability partnership refer to the same type of
business organization.
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Currently only one state prohibits discrimination on the basis of sexual orientation.
Congress can use its spending power to achieve social welfare objectives.
A payee may not be a holder in due course.
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The boards of directors of all involved corporations must approve a merger or
consolidation plan.
Directors and officers have a fiduciary duty of care.
A bank involved in the check collection process may only be classified as one type of
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bank during the entire process.
In order to terminate a principal's responsibility, actual notice of agency termination
must be given to third parties who have had business interactions with the agent.
Section 2 of the Sherman Act applies to states, and they may be used as defendants.
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In some states, when merger or consolidation is at issue, the right to vote and receive
dividends is denied to dissenting shareholders who exercise their appraisal rights.
A mistake of fact is an erroneous belief about the facts of the contract at the time the
contract is concluded.
page-pfb
In order to establish facts sufficient to create a reasonable inference that age was a
determining factor in a termination, a plaintiff in an Age Discrimination in Employment
Act case need not prove replacement by someone outside the protected class.
To become a secured party, the creditor must perfect a security interest in the collateral
of the debtor.
page-pfc
If a debtor fails to appear at the Chapter 7 creditors' meeting, the court may refuse to
grant the bankruptcy.
Cyberlaw is based primarily on existing laws.
As a general rule, parents are not liable for contracts entered into by their minor
children.
page-pfd
Conforming goods are goods that conform to UCC specifications.
Shareholders are directly responsible for the daily management of a corporation.
Partnership by estoppel is not recognized pursuant to federal law.
page-pfe
In recent years the number of sexual harassment claims filed under Title VII has been in
decline.
Which of the following refers to the basic fairness of laws that may deprive an
individual of her life, liberty, or property?
A. Procedural due process
B. Substantive due process
C. Independent due process
D. The prohibition against taking
E. The prohibition against pervasive regulation
page-pff
What type of remedy does the UCC give buyers and lessees when the other party has
breached a contract?
A. The benefit of the bargain
B. Any amounts of money lost plus 10%
C. Any amounts of money lost plus 15%
D. Any amounts of money lost plus 20%
E. Any amounts of money lost plus 25%
How long does an agent's apparent authority continue once an agency relationship is
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terminated?
A. It ends immediately
B. 24 hours
C. 7 days
D. 30 days
E. Until the principal notifies third parties that the agency relationship has ended.
"Disgruntled Buyer." Tom had lived in his home for five years without doing any
upkeep of any type. He was aware that the roof leaked, that he had defective piping, and
that the air conditioning did not work, among other problems. He sold the home to
Kathy. He did not tell her anything about the problems with the house. Shortly after
Kathy moved in, there was a thunderstorm resulting in water streaming down from the
ceiling. Within a few weeks of her moving in, pipes began to burst resulting in
significant water damage. The air conditioner also failed to work when she turned it on
for the first time. Kathy demanded that Tom refund her purchase price and take back the
house. Tom sent her a letter providing as follows:
Dear Kathy,
Caveat emptor. You have marketable title.
Regards, Tom
Kathy is furious and wants to sue.
Which of the following is true regarding any duty Bruce owed to Kathy prior to the
sale?
A. In most states Bruce only had a duty to warn Kathy about any defects he knew about
that a reasonable buyer would not have been able to discover through a thorough
examination of the property.
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B. In most states Bruce had a duty to warn Kathy about any defects in the property
regardless of whether they could have been discovered through a thorough examination
of the property.
C. In most states Bruce had a duty to warn Kathy about any defects he knew about that
a reasonable buyer would not have been able to discover through a thorough
examination of the property and that materially affected the value of the property.
D. In most states Bruce had no duty to warn Kathy of anything.
E. In most states Bruce had no duty to warn Kathy of anything so long as she had her
own home inspection done.
Which of the following is false regarding dissolution of a partnership either by act of a
partner or by operation of law?
A. Death of a partner results in dissolution of a partnership by operation of law.
B. A partnership engaging in an activity that suddenly becomes illegal results in
dissolution of a partnership by operation of law.
C. A partner's engagement in any other business activity results in dissolution of a
partnership through an act by a partner.
D. A partner withdrawing from the partnership at will results in dissolution through an
act by a partner.
E. A partner withdrawing or being expelled pursuant to the partnership agreement
results in dissolution through an act by a partner.
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Which of the following does not prevent a holder from being a holder in due course?
A. Notice that the instrument is overdue.
B. Notice that the instrument has been dishonored.
C. Notice that the instrument was issued as part of a series that is in default.
D. Notice that the instrument has been altered or contains an unauthorized signature.
E. Notice that an employee other than the treasurer of a company signed an instrument.
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When voluntary dissolution procedures are initiated, which of the following must occur
first?
A. The directors must file articles of dissolution with the secretary of state.
B. The directors must notify the local court with jurisdiction over any claims.
C. The officers must resign.
D. The directors must resign.
E. The court must appoint a receiver.
Which of the following was the result on appeal in Brodsky v. United States Nuclear
Regulatory Commission, the case in the text in which the plaintiff claimed that the
Nuclear Regulatory Commission erred in not producing an environmental impact
statement?
A. The court determined that the agency's production of an environmental assessment
and its finding of no significant impact satisfied the agency's minimal burden to justify
forgoing the environmental impact statement.
B. The court determined that the agency's production of an environmental assessment
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and its finding of no significant impact satisfied the agency's minimal burden but that
the agency was required to go beyond its minimal burden in order to meet
environmental standards and that an environmental impact statement was required.
C. The court determined that the agency's refusal to conduct an environmental impact
statement resulted in its failure to meet even minimal standards, and that the agency
was required to reconsider the matter and prepare an environmental impact statement.
D. The court determined that while under certain circumstances the agency may forego
an environmental impact statement, the plaintiff established that the agency in the
present case failed to fully discuss why no adverse environmental effect was at issue
which is necessary in order to forego a full environmental impact statement.
E. The court refused to reach the issue of whether a full environmental impact statement
was needed because the plaintiff lacked standing to sue.
Which of the following is true regarding the right of a lessor to seek incidental damages
in the event of a breach by a lessee of goods?
A. A lessor may seek incidental damages only if the lessee agreed in writing to pay
them.
B. A lessor may seek incidental damages only if the lessee agreed orally or in writing to
pay them.
C. A lessor may seek incidental damages only if the damages are in an amount over
$500.
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D. A lessor may seek incidental damages only if the damages are in an amount over
$1,000.
E. A lessor may seek incidental damages.
"Used Car Commission." William promised to sell Helen's car for her, but he wanted a
commission of 10%. Helen signed an instrument promising to pay William a 10%
commission if he sold her car. William assigned the agreement to Phil. Helen's car was
sold and the buyer paid Helen. A dispute ensued between Helen and William regarding
whether William found the buyer or the buyer found Helen. When Phil asked Helen for
payment on the instrument, Helen refused. William, Helen, and Phil settled their dispute
without going to court and Helen wrote Phil a check for $3,000. Phil endorsed the
check on the back by signing his name planning to take it to the bank the next day.
Unfortunately, Phil lost the check which was found by Helen and cashed by the local
bank. Helen then left town.
Which of the following is true regarding the instrument signed by Helen promising to
pay William a 10% commission if he sold her car?
A. The instrument is negotiable.
B. The instrument is not negotiable only for the reason that it is based on a condition.
C. The instrument is not negotiable only for the reason that Helen is not a merchant.
D. The instrument is not negotiable only for the reason that it is not for a sum certain.
E. The instrument is not negotiable because it is based on a condition and also because
it is not for a sum certain.
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Which of the following is sometimes referred to as an implied-in-law contract?
A. Quasi-contracts
B. Express contracts
C. Implied-in-fact contracts
D. Express contracts and implied-in-fact contracts
E. Express contracts and quasi-contracts
Agencies are classified as either ______ or ______.
A. Legislative; executive
B. Legislative; independent
C. Judicial; independent
page-pf17
D. Executive; independent
E. Judicial; executive
Which of the following is true regarding the type of rule making done by agencies?
A. Agencies engage in four types of rulemaking: formal, informal, informational, and
hybrid.
B. Agencies engage in three types of rulemaking: formal, informal, and hybrid.
C. Agencies engage in three types of rulemaking: formal, informational, and hybrid.
D. Agencies engage in three types of rulemaking: informational, informal, and hybrid.
E. Agencies engage in two types of rulemaking: formal and informal.
page-pf18
"Chocolate Chips." Molly makes great chocolate chip cookies and sells them in her café
called "Molly's Famous Chocolate Chips." Some of her friends express interest in
selling her cookies. They want to use her name and identify the cookies as "Molly's
Famous Chocolate Chips." Seeing a business opportunity, Molly agrees to bake the
cookies and provide them in a frozen state to her friends who will open other cafés
under her café's name. Molly strictly controls all packaging and sales. She also
frequently inspects kitchens used by the sellers pursuant to her agreements with them.
Suzette, one of Molly's friends who entered into an agreement with Molly to open a
café and sell the cookies, was not being sufficiently careful and negligently put a
harmful ingredient into the cookie dough resulting in a customer, Fred, becoming ill.
Fred threatens to sue both Suzette and Molly. Molly is so exasperated that she cancels
all the franchise contracts on the basis of aggravation. Although the franchise
agreements provide that so long as requirements are met, the franchise agreements are
good for a period of two years, Molly takes the position that the cookies involve a
personal service using a trade secret and that she cannot be held liable for
discontinuation.
Is Molly correct that she was entitled to cancel all franchise agreements?
A. No, she was not entitled to cancel any franchise agreements.
B. No, while she was arguably justified in canceling Suzette's franchise agreement, she
was not justified in canceling other franchise agreements because no breach of the other
franchise agreements had occurred.
C. No, she could only cancel all franchises after a judgment was entered against her,
and that had not yet occurred.
D. Yes, because a personal service type of franchise was involved, she could cancel all
the franchises at will.
E. Yes, she can cancel the franchises but only if she can establish that her profits were
less than had been expected.
Which of the following is true regarding arbitration in Brazil?
page-pf19
A. Brazilian lawmakers have reformed several articles in the Brazilian Civil Code to
increase the practice of arbitration.
B. Parties must sign an "arbitration commitment" recognizing that the parties agree that
any decision may be appealed to the judiciary branch of government.
C. Because of a commitment by legislators to reduce arbitrations, parties may only
arbitrate family law matters.
D. Because of a commitment by legislators to reduce arbitrations, parties may only
arbitrate corporate law matters.
E. Arbitration is outlawed in Brazil.
Which of the following states that if a writing, or term in question, appears to be plain
and unambiguous on its face, its meaning must be determined from the four corners of
the instrument without resort to outside evidence, with the words being given their
ordinary meaning?
A. The Interpretation Rule
B. The Simple Rule
C. The Understandable Rule
D. The Plain Meaning Rule
E. The Comprehensive Rule
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"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 sell Denise a used business law book for $50.
She asks if she can clean his apartment in return for the book instead of pay cash, and
he agrees. Richard also agrees to sell a communications book for $5 to Jill who
promises to pick it up the next day. Meanwhile, Sam comes to visit and offers Richard
$45 for the business law book. Richard sells it to him because he decides his apartment
is clean enough. 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 $45 for it. Richard decides to forget about Jill and proceeds to
sell the book to Sam for $45. The next day Denise shows up to clean Richard's
apartment and is very angry because Richard did not save the book for her. Denise
claims that Richard breached their contract because they had a deal. Richard says that
they never had a deal because no consideration was present. He also said that even if
cleaning house would be considered consideration, any housekeeping done would have
been wholly inadequate to support receipt of the book because his house was already
clean. Jill is also angry because Richard sold the communications book and informs
him that he breached the contract he had with her. Richard tells her that he had no
obligation to hold the book for her because they had a unilateral contract. Two days
after they first talked, Dawn tells Richard that she would like the computer. She tells
him that her response bound him and that he should have awaited her action. Richard
tells Sam that he needs to return everything for a full refund. Sam refuses.
Which of the following is true regarding Richard's claim regarding the inadequacy of
house cleaning as consideration?
A. Richard is correct because cleaning house would not constitute a benefit to the
promisor.
B. Richard is correct because cleaning house would not constitute a detriment to the
promisee.
C. Richard is correct because Denise had only promised - she had not actually
performed.
D. Although, contrary to Richard's assertion, house cleaning can be consideration, it
was not in this case because his apartment was already fairly clean.
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E. Richard is incorrect because house cleaning would constitute consideration that
would support a contract, and the court would not likely be concerned with the fact that
the cleaning duties would be light.
Which of the following states that when a contract for sale involves repeated occasions
for performance by either party with the other's knowledge of the nature of the
performance and opportunity for objection to it, any course of performance accepted or
acquiesced to without objection is relevant to determine what the parties' agreement
means?
A. Trade norm
B. Course of dealing
C. Anticipated trade dealing
D. Usage of trade
E. Course of performance
page-pf1c
In informal rule making, the date on which a rule becomes effective must be at least
______ days after publication of the final rule in the Federal Register.
A. 15
B. 20
C. 30
D. 45
E. 60
Which of the following requires that the seller make proper shipping arrangements and
deliver goods to the buyer via a common carrier but not guarantee the safety of goods to
their destination?
A. Origin contracts
B. Destination contracts
C. Transfer contracts
D. Common-carrier contracts
page-pf1d
E. Risk contracts
Which of the following is true regarding the protection of "fighting words" under the
First Amendment?
A. Fighting words are unprotected speech under the First Amendment.
B. Fighting words are protected speech under the First Amendment only if they are
uttered by an individual citizen, not by a corporate representative.
C. Fighting words are protected speech under the First Amendment only if they involve
political activity.
D. Fighting words are protected speech under the First Amendment only if they are
made in connection with a protest march.
E. Fighting words are protected speech under the First Amendment only if they are
made in conjunction with self-defense.
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Which of the following is false regarding limited liability partnerships in Japan?
A. The limited liability partnership has been recognized in Japan since the 1950s.
B. Japan's limited liability partnership law limits the liability of its members by their
capital contribution.
C. In regard to profits, the Japan's limited liability partnership law requires that the
members manage the business and negotiate among each other to determine how profits
and losses should be distributed among individual members.
D. When members are establishing the rules of the limited liability partnership, Japan
requires either the agreement of all members or a majority of at least two-thirds of the
members.
E. Japan's limited liability partnership law puts restrictions on the distribution of
partnership assets.
"ADA Blues." Prudence, the Human Resources Manager, at ABC Corporation was
encountering a rush of requests under the Americans with Disabilities Act. Samantha, a
receptionist, was having a birthday and turning 40. She told Prudence that while she
had not been to see a physician, she had "the blues" and needed to take every Friday off
for the next few weeks to recuperate. Samantha said that while she was able to engage
in her normal activities, her energy level was down. Prudence promptly denied her
request on the basis that the act only applies to physical disabilities. Another employee,
Trevor, asked for a private office. Trevor had been significantly burned. Prudence asked
him why he needed a private office. Trevor replied that while nothing was physically
wrong with him, he was tired of everyone treating him as if he had a disability. He said
that the treatment he received interfered with his everyday life and work activities.
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Prudence denied his request explaining to him that he needed an actual documented
physical disability before being covered by the act. Finally, George, who had undergone
knee surgery, asked that Prudence put in another elevator near his work station.
Prudence explained that his office could be moved nearer to the existing elevator, but
George told her that under the Americans with Disabilities Act, she did not have the
right to dictate to him when his doctor said that he should not be climbing stairs.
Nevertheless, Prudence denied his request for a second elevator noting that no other
employees needed a second elevator. Samantha, Trevor, and George got together and
decided to go directly to federal court and sue under the Americans with Disabilities
Act to challenge Prudence's decisions.
Which of the following is true regarding Samantha's claim under the Americans with
Disabilities Act?
A. She will lose because mental disabilities are not covered under the act.
B. She will likely win because mental disabilities are covered under the act, and she had
the right to ask for anything that would help her.
C. She will likely lose because she has no proof of a mental impairment that
substantially limits one or more of her major life activities.
D. She will lose unless she can establish that she has a personality disorder because that
is the only type of mental disability covered by the act.
E. She will lose unless at least until she can establish that she has been in counseling for
at least six months because that is required in order to establish a mental disability
under the act.
page-pf20
Which of the following is not a type of partnership?
A. Limited partnerships
B. General partnerships
C. Limited liability partnerships
D. Limited liability company
E. Cooperative
"Pet Flicks." Jill went to work as an independent contracting photographer for Exotic
Pet Flicks, a company specializing in photographing exotic pets, such as monkeys and
snakes, with their owners. The company's home office was in California, but Jill
worked in Florida. Before she started work, Jill signed an agreement to arbitrate any
dispute she had with the company. The arbitration agreement provided that in the event
of a dispute, Jill would completely cover the cost of the arbitration; that she could only
receive up to $150 in damages regardless of her claims, punitive or otherwise; and that
any arbitration would be conducted at the company's home office. The agreement also
provided that the arbitrator was not bound to strictly follow the official court rules of
evidence. Jill signed the agreement because she really needed a job and liked animals.
Her only previous animal photography experience, however, had been with cats and
dogs. Jill's contract provided that she would be paid $100 per shoot and that the
company would take steps to ensure her safety. One day she was called in to
photograph a skunk and its owner. She was told by the receptionist at Exotic Pet Flicks
that the skunk had been altered so that it could not spray. Jill felt safe. Unfortunately,
the skunk had not been altered. Just as she was starting to shoot, the skunk became
upset. It ran over, sprayed Jill, and in the resulting commotion, Jill's expensive camera
was knocked over and broken. Plus, Jill's outfit was ruined and she stank for days. Jill
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wants to sue Exotic Pet Flicks for $5,000 to cover the cost of her camera, her clothing,
and her general stinkiness for several days. Jill says that she cannot afford to pay for the
arbitration.
Would the arbitration agreement be deemed void because it provided that the arbitrator
was not bound by the federal rules of evidence?
A. Yes.
B. Only if the arbitrator was not also a lawyer.
C. Only if the arbitrator was a lawyer.
D. The agreement to arbitrate would be upheld so long as the arbitrator agreed to at
least apply federal hearsay rules.
E. No, because the rules of evidence applicable in a trial are typically relaxed in
arbitration.
Under the ____, a bank has a duty to pay checks from a customer's account so long as
the check is properly payable.
A. Account rule
B. Properly payable rule
C. Payability in fact regulation
D. Check pay rule
E. There is no such rule.
page-pf22
Which of the following was the result on appeal in King v. American Family Mutual
Insurance Company; American Standard Insurance Company of Wisconsin, the case in
the text involving whether for an injury occurring outside the state, personal jurisdiction
in Montana could be asserted over the defending insurers who had appointed an agent
for service of process there but had done no business in the state?
A. That appointment of an agent for service of process does, standing alone, subject
foreign corporations to jurisdiction in Montana for acts performed outside of Montana.
B. That Montana law regarding appointment of an agent for service of process does not,
standing alone, subject foreign corporations to jurisdiction in Montana for acts
performed outside of Montana, at least when the corporations transact no business in
the state.
C. That regardless of whether an agent for service of process had been appointed, as a
matter of law, insurers may be sued in any state in the U.S.
D. That regardless of whether an agent for service of process had been appointed, as a
matter of law, an insurer may only be sued in its state of incorporation.
E. That regardless of whether an agent for service of process had been appointed, as a
matter of law, an insurer may only be sued in the state in which its principal place of
business is located.
page-pf23
A[n] ______ bank is the first bank that receives the check for payment.
A. Payer
B. Payee
C. Depositary
D. Transfer
E. Acceptor
In which of the following do parties select a neutral third party and explain their
respective positions to this neutral, who then evaluates the strengths and weaknesses of
the case?
A. Summary jury trial
B. Med-arb
C. Early neutral case evaluation
D. Private trials
E. Neutral submission
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Marilyn, a resident of Ohio, suffered personal injury while operating her tractor in
Ohio. She filed suit in state court against the manufacturer, Company A, incorporated in
Delaware with its principal place of business in Illinois, and also against the seller,
Company B, incorporated in Ohio with its principal place of business in Ohio. Marilyn
and Company B informally agreed to settle out of court, but the agreement was subject
to the agreement of Company B's insurer. Before a final agreement was reached in
regard to settlement with Company B, Company A filed a motion in state court to
remove the case to federal court. Although Marilyn opposed removal, the state court
granted Company A's motion. After the case was removed to federal court, Marilyn and
Company B finalized their settlement agreement and Company B was dismissed from
the lawsuit. The federal district court proceeded to hear the case and ruled in favor of
Company A. Marilyn appealed on the basis that because diversity between the parties
was lacking, the federal district court had no jurisdiction over the case. She claims that
the case should be remanded to state court for a new trial. What should the appellate
court rule regarding whether the state trial court properly granted the petition for
removal and what will be the likely outcome on appeal?
page-pf25
Which of the following specifies that the agent's authority is intended to continue
beyond the principal's incapacitation?
A. Special power of attorney
B. Durable power of attorney
C. Nonterminable power of attorney
D. Permanent power of attorney
E. Living power of attorney
A(n) ___________ is a person receiving an endorsement.
A. Allonge
B. Transferor
C. Transferee
D. Endorser
E. Endorsee
page-pf26
What was the result in the case in the text Lucy v. Zehmer involving whether allegations
of joking prevented the formation of the contract involved?
A. The court ruled that the contract would not be enforced because one of the parties
was subjectively joking.
B. The court ruled that the contract would not be enforced because one of the parties
was joking, and a reasonable person should have known that.
C. The court ruled that the contract would not be enforced because the parties had been
drinking although they were not intoxicated.
D. The court ruled that the agreement would be enforced because under the applicable
standard, it was not apparent that joking was involved.
E. The court ruled that the contract would be enforced because of what the parties
verbally said regardless of whether an objective person would have thought joking was
involved.
page-pf27
When an audit is complete, an accountant usually issues a[n] _______________ letter
stating his or her assessment of the company that was audited.
A. Opinion
B. Auditing
C. Accounting
D. Disclaimer
E. Responsive
What are the requirements for being a director?
page-pf28
Set forth the requirements for a finding of agency by ratification and also the
requirements needed for ratification to be effective.
Define the meaning of the term 'stare decisis," and discuss how it is applied.
page-pf29
Discuss two ways referenced in the text by which a treaty between a foreign country
and the U.S. is similar to a contract.
Explain the function of administrative agencies and why they are needed.
Define tariffs and how they may be calculated. Additionally, define a nontariff barrier
and list and define three types of non-tariff barriers.
page-pf2a
What is required by the Telemarketing Sales Rule of 1995?
Set forth in detail the conditions under which a principal is directly responsible for his
or her own tortious conduct.
page-pf2b
List the various options discussed in the text that may be available to a buyer/lessee
when the seller/lessor is in breach.
Define and discuss promissory estoppel, and give an example of when it would be
applied.
page-pf2c
Explain the system of checks and balances and how it works.
Discuss the four alternative ways, in addition to fines, to punish white-collar criminals
discussed in the text. Discuss the pros and cons of each.
page-pf2d
ABC Company, a designer of computer software, had a number of new products ready
to launch. Jason, a seller of office supplies to ABC Company, was talking with Susie,
the president of the company, regarding a product order. Susie was called away from
her office for a few minutes, and Jason, who liked to snoop, took the opportunity to go
through the papers on her desk. Jason discovered a description of the new software
products. He immediately bought lots of ABC Company stock and made a significant
profit following the public announcement of the new software and the resulting increase
in the price of ABC Company stock. Is there any theory on which Jason could be held
liable for a securities violation, and, if so, what? Describe any such theory.
How does a plaintiff in an action under the Age Discrimination in Employment Act
establish a prima facie case of age discrimination involving a termination?
page-pf2e
When is a seniority system a defense to a charge of discrimination under Title VII?
Discuss the items that should appear in a complaint.
List the two components that are usually components of trusts and discuss their
function.
page-pf2f
Set forth the five items that a party warrants when the party transfers an instrument for
consideration.

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