M 544 Quiz

subject Type Homework Help
subject Pages 7
subject Words 989
subject Authors Henry R. Cheeseman

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For noncarrier deliveries, if the seller or lessor has no place of business, the place of
delivery is the seller's or lessor's residence.
The First Amendment's Freedom of Speech Clause protects both speech and conduct.
A creditor's action of perfecting liens against a debtor's property cannot be stayed.
Federal antidiscrimination laws prohibit employers from engaging in retaliationagainst
an employee for filing a charge of discrimination.
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Administrative laws are laws enacted by governments to regulate the operation of only
government employees and government-run organizations.
Incorporation by reference is an integration made by express reference in one document
that refers to and incorporates another document within it.
In a proxy contest, only the incumbent directors are permitted to solicit proxies from
shareholders.
Once an appointed authorized representative signs a negotiable instrument, while
unambiguously disclosing his or her agency status, and the identity of the maker or
drawer, then ________.
A) the authorized agent becomes personally liable to pay for the negotiable instrument
B) the signature binds the maker or drawer of the negotiable instrument to the
instrument
C) the agent cannot sign another negotiable instrument until this instrument's
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transaction is complete
D) the agent is obligated with secondary liability to the instrument
What is a holographic will?
A) a will that is revoked on behalf of the testator by a legal attorney
B) a will that requires the beneficiary to be a witness of the will
C) a will that is entirely handwritten and signed by the testator
D) a will that is orally declared on the testator's deathbed
The ________ is an objective test that applies to commercial contracts and contracts
involving mechanical fitness.
A) Reasonable person test
B) Personal satisfaction test
C) Express condition test
D) Cognitive inventory test
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A sales contract that requires the seller to send the goods to the buyer but not to a
specifically named destination is known as a(n) ________.
A) shipment contract
B) destination contract
C) option contract
D) consignment contract
Which of the following is true of an LLC (limited liability company) formation?
A) Doctors and lawyers cannot operate practices as LLCs.
B) An LLC has to be organized in every state that it operates.
C) "LC" cannot be used to denote an LLC.
D) An LLC is a creation of federal law.
Which of the following is true of tenancy at sufferance?
A) It can be terminated only after an eviction proceeding.
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B) It cannot be terminated as the holdover tenant has the title of transfer.
C) It has a specific period before expiration.
D) It requires a notice period that equals the length of payment period.
Martin borrows $15,000 from Tom, in the form of a check, and signs a promissory note,
promising to pay Tom this amount plus 10 percent interest in one year. Tom indorses
the note and negotiates it to Fronston. Fronston indorses the note and negotiates it to
Liza. Liza presents the note to Martin for payment when the note is due. Martin refuses
to pay the note. Who is secondarily liable to pay Liza?
A) Tom
B) Frontston
C) Martin
D) the bank that issued the check to Tom
Kyle goes to a used-car showroom to buy a sedan. He signs an agreement with the store
that bears the name of the car, price, and other details. This is an example of a(n)
________ contract.
A) unilateral
B) implied-in-law
C) implied-in-fact
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D) express
Section 4205 of the Patient Protection and Affordable Health Care Act requires
restaurants and retail food establishments with 20 or more locations to disclose calorie
counts of their food items and supply information on how many calories a healthy
person should eat in a day. The provisions of this legislation are enforced by the
________.
A) Federal Food and Drug Administration
B) United Nations
C) Federal Trade Commission
D) Consumer Product Safety Commission
Which of the following motions asserts that there are no factual disputes to be decided
by the jury, and that the judge can apply the proper law to the undisputed facts and
decide the case without a jury?
A) motion for summary judgment
B) motion for judgment on the pleadings
C) motion for a directed verdict
D) motion for judgment notwithstanding the verdict
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A consignment deal would be an example of a(n) ________.
A) unconditional contract
B) sale or return contract
C) sale or approval contract
D) unequivocal contract
Techstate, a hardware manufacturer in the United States, has an existing contract with a
client based in the Republic of Karthasia, which is going through a domestic political
crisis. The resulting upheaval in that country has led to some of the shipments to the
client being destroyed by warring factions. As a sanction against the country, the United
States government places an embargo on all exports to that country by U.S. firms. What
will be the state of the contract between Techstate and the client in Karthasia after the
embargo?
A) It will be terminated due to destruction of subject matter.
B) It will be terminated due to incompetency of the offeror.
C) It will be terminated due to lapse of time.
D) It will be terminated due to supervening illegality.

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