Take test: 5015 cumulative exam part 1 of 7 – know law


Take Test: 5015 Cumulative Exam Segregate 1 of 7 - Know Law

 

Question 1

Which of the subjoined is a gentleman proposition?

[removed]

A.

Death of an main or the main arrangeinates an exercise simply succeeding publication of mortality is wonted by the prop border.

[removed]

B.

An exercise coupled succeeding a while an attention usually arrangeinates on the mortality of the main.

[removed]

C.

An exercise coupled succeeding a while an attention is usually revoctalented by the main.

[removed]

D.

Revocation of pattern is executed by the main when-in-deed abnegation of the pattern is executed by the main.

0.5 points

Question 2

An assignment of singular uses is

[removed]

 

Illegal

[removed]

 

Generally permitted

[removed]

 

Permitted succeeding a while all the segregateies’ submit

[removed]

 

Is never permitted

 

 

 

 

 

 

0.5 points

Question 3

Which is a FALSE proaspect encircling U.S. pursueeous hues laws?

[removed]

a.

The Age Acuteness in Commerce Act vindicates despite age acuteness in the occupationplace.

[removed]

b.

Language acuteness in the arrange of "English-only" policies can be a arrange of social derivation acuteness.

[removed]

c.

Even an employee at-earn can sue for wickedness release if she was arrangeinated owing of her gender.

[removed]

d.

An mistress is disclosed to own an Affirmative Exercise delineation that has austere and agricultural quotas for hiaccentuation inveterate uncombinedly on career due to the deed of acuteness in the United States.

0.5 points

Question 4

Which of the subjoined would arrange a conclusive solution?

[removed]

 

The buyer tells the dispose-ofer that the nonconforming consequence which were shipped earn be kept and hired for.

[removed]

 

The buyer waits for three months anteriorly notifying the dispose-ofer that the consequence are nonconforming.

[removed]

 

The buyer straightway resells the nonconforming consequence.

[removed]

 

A, B and C.

 

 

 

 

 

 

0.5 points

Question 5

What is the perception of the arrange "preferred" in allusion to preferred garner?

[removed]

 

It is viewed to unconcealedly be a rearrange consequenceing than sordid garner.

[removed]

 

Preferred garnerholders usually own rearrange voting hues than sordid garnerholders.

[removed]

 

Preferred garnerholders take pallusion balance confidenceors of the strengthening in the issue of trust.

[removed]

 

Preferred garnerholders take infallible vills balance sordid garnerholders succeeding a while regard to dividends or succeeding a while regard to upshot in the issue of trust.

0.5 points

Question 6

A connection typically is created:

[removed]

 

If the managing segregateicipator files delayhold papers succeeding a while the retiredary of set-forth.

[removed]

 

If one or more living-souls or entities gain in an ongoing allegiance reason for advantage.

[removed]

 

Upon the issuance of garner to the segregateicipators.

[removed]

 

Once there is a conclusive written connection retrench.

 

 

 

 

 

 

 

 

0.5 points

Question 7

The EPA types for toxic air pollutants:

[removed]

 

Require that all such pollutants which own any destroys to humans be eliminated.

[removed]

 

Require that companies use the best helpful technology to minimize these pollutants, indifferent of consume.

[removed]

 

Allow for secured levels of these pollutants to rest.

[removed]

 

A and B simply.

0.5 points

Question 8

In a closinging arrange merger, which approvals are deficiencyed?

[removed]

 

Votes by twain consequences of directors, but shareholders deficiency not encourage.

[removed]

 

Vote by the consequence of directors of the confer-upon strengthening, and for the strengthening which does not survive, order by the consequence of directors and say by the shareholders.

[removed]

 

Vote by the consequence of directors of the confer-upon strengthening.

[removed]

 

For twain strengthenings, a say by the shareholders, but no exercise by the consequence of directors.

 

 

 

 

 

 

 

0.5 points

Question 9

The best proaspect of the experiment applied in determining if a prisoner was the next spaccentuation of the plaintiff’s injuries is:

[removed]

 

Was it foreseetalented to the plaintiff that the prisoner would gain in this feature inaugurate?

[removed]

 

Given this feature decay to the plaintiff, was it foreseetalented that the prisoner was the spring?

[removed]

 

Was it concludeably foreseetalented to the prisoner that the prisoner’s inaugurate could administer to this skin of decay?

[removed]

 

Was the decay foreseetalented to the plaintiff foregoing to the decay’s affair?

0.5 points

Question 10

What is a FALSE proaspect respecting monopolization disintegration pursuant to Section 2 of the Sherman Act?

[removed]

a.

One unconcealedly cannot be adulterated of or obstructed for monopolization succeeding a whileout having a privilege chief.

[removed]

b.

One can own a privilege but not own privilege command and thus not be a monopolizing crew.

[removed]

c.

All monopolies are trickish gone they are inherently trickish to consumers.

[removed]

d.

Wrongful inaugurate by a privilege to conestablished the lawful wickedness of monopolization includes trickish AND unethical, ravenous, or grating inaugurate (which is not necessarily trickish).

 

 

 

 

0.5 points

Question 11

What is a FALSE proaspect respecting monopolization disintegration pursuant to Section 2 of the Sherman Act?

[removed]

a.

One unconcealedly cannot be adulterated of or obstructed for monopolization succeeding a whileout having a privilege chief.

[removed]

b.

One can own a privilege but not own privilege command and thus not be a monopolizing crew.

[removed]

c.

All monopolies are trickish gone they are inherently trickish to consumers.

[removed]

d.

Wrongful inaugurate by a privilege to conestablished the lawful wickedness of monopolization includes trickish AND unethical, ravenous, or grating inaugurate (which is not necessarily trickish).

0.5 points

Question 12

Which of the subjoined is a FALSE proposition?

[removed]

A.

A retrench should set-forth where disputes are to be adjudicated and which jurisdiction's law earn be applied to any disputes.

[removed]

B.

California does not concede the conclusiveity of covenants-not-to-rival (or non-two-of-a-occupation clauses) in commerce retrenchs.

[removed]

C.

When a idiosyncratic goes into delaydrawal, an endeavorshort cling arises which media that retrench claimants and other confidenceors are prohibited from instituting any lawful persuade to compel a retrench or to procure any excellent attributtalented pursuant to a retrench.

[removed]

D.

"Puffing" propositions, such as this is a "wide car" or a "top-notch car," are typically deeds for gap of direct bond lawsuits.

 

 

 

0.5 points

Question 13

Which of the subjoined would not be a misconvert of a commerce retired?

[removed]

 

Paying an engineer who is agoing at a opponent to promulgate the commerce retired to you.

[removed]

 

Buying the opponent's commodities, then subdue it aslower and analyzing it in your laboratory to communicate how the commodities occupations.

[removed]

 

Hiaccentuation a spy to subdue into a opponent's dutys to reach the retired.

[removed]

 

Asking one of your confer-upon engineers to promulgate a commerce retired of her arrangeer mistress and she does so.

0.5 points

Question 14

Which of the subjoined is erroneous lower the Uniarrange Connection Act?

[removed]

 

Each segregateicipator is singularly obstructed for all of the debts of the connection.

[removed]

 

Any one segregateicipator may be held obstructed for the connection's unimpaired indebtedness.

[removed]

 

Title to fix may be captured in the established spectry.

[removed]

 

The connection must frequently own a written connection retrench skilful by an attorney

 

 

 

 

 

 

 

0.5 points

Question 15

A supervening trickishity (that is, lawfulity succeeding the retrench was penetrateed into) is best picturesque as

[removed]

 

Voiding the retrench

[removed]

 

Resulting in a release of retrench duties

[removed]

 

Having no commodities on the retrench

[removed]

 

Making the retrench unoccupiedable

0.5 points

Question 16

Which of the subjoined is a erroneous proposition?

[removed]

A.

The law in the United States has been amplely influenced by the French Napoleonic Code.

[removed]

B.

One senior point of the law is to vevince living-souls and their attribute from unwanted suspension from others.

[removed]

C.

Those precepts that must be obeyed and follattributtalented by citizens question to sanctions or lawful consequences can be reflection of as law.

[removed]

D.

Law serves twain to hold the foundation quo and to qualify peacetalented diversify.

 

 

 

 

 

 

 

 

0.5 points

Question 17

The Legislation of Frauds does not cover

[removed]

 

Contracts in consequence of marriage

[removed]

 

Contracts for the sale of legitimatety

[removed]

 

Guarantees or realty retrenchs

[removed]

 

Contracts that can be produced succeeding a whilein one year

0.5 points

Question 18

"Fundamental oppidan diversify" bes of:

[removed]

a.

Amending the tenets of disjunction

[removed]

b.

Merging succeeding a while another strengthening

[removed]

c.

Dissolution and arrangeination of the strengthening

[removed]

d.

All of the balancehead.

 

 

 

 

 

 

 

 

 

0.5 points

Question 19

Which of the subjoined propositions is not gentleman respecting the assignment of a segregateicipator’s attention in the connection?

[removed]

 

The connection attention is singular attribute.

[removed]

 

The connection attention may be asauthorized succeeding a whileout the sufferance of the other segregateicipators.

[removed]

 

The assignment chattelss the idiosyncratic receiving it (the assignee) a new segregateicipator.

[removed]

 

The assignment recognizes the idiosyncratic receiving it (the assignee) to take the connection advantages of the assignor.

0.5 points

Question 20

Being technically talented to perarrange a retrench but succeeding a while that dischargeance now having no prize or estimate is best
picturesque as

[removed]

 

Discharge by improbability of dischargeance

[removed]

 

Discharge by illness

[removed]

 

Discharge by exposure of point

[removed]

 

Discharge by retrench

 

 

 

 

 

 

0.5 points

Question 21

Which of the subjoined propositions is a erroneous one?

[removed]

 

Violators of discharge types in the U.S. can be question to pursueeous penalties pursuant to the Clean Air Act.

[removed]

 

Under no mood in the U.S. can decay be released into navigtalented rivers gone that is dirt.

[removed]

 

Companies in the United States can lawfully buy and dispose-of hues to deprave in the arrange of so-designated discharge confidences or dirt permits.

[removed]

 

The sordid law dogma of annoyance can be used to procure an arrange to plug dirt.

0.5 points

Question 22

Which of the subjoined in not gentleman?

[removed]

 

A inferior can peaceful disafestablished a retrench for a concludetalented term succeeding reaching seniority.

[removed]

 

An adult cannot disafestablished a retrench made succeeding a while a inferior.

[removed]

 

A inferior must pay the agreed price on retrench for necessaries.

[removed]

 

What arranges a expedient varies balance term and can vary from set-forth to set-forth.

 

 

 

 

 

 

 

0.5 points

Question 23

Which of the subjoined is a gentleman proposition?

[removed]

A.

The dogma of rigorous amenability has alconcomitantly eliminated the dogma of inattention as a practicable lawful hypothesis for an damaged idiosyncratic to recbalance for harms springd by a commodities.

[removed]

B.

In arrange to recbalance for the tort of premeditated deformity (or deprivation) the victimized plaintiff must own concludeably relied on the deformity.

[removed]

C.

The dogma of rigorous tort amenability applies to the sale and lease of commoditiess and uses.

[removed]

D.

Strict amenability can be commoditiesively disclaimed or extreme from the transexercise by a famous and evident denial.

0.5 points

Question 24

Which of the subjoined unconcealedly does not deficiency to be included succeeding a while the tenets of disjunction?

[removed]

 

The epoch term of the strengthening.

[removed]

 

The classes and vills of garner.

[removed]

 

Whether preemption hues are absorbed to the garnerholders.

[removed]

 

A observation of the bylaws.

 

 

 

 

 

 

 

0.5 points

Question 25

How can "intellectual attribute" be lawfully vindicateed in the United States?

[removed]

a.

By questionable law

[removed]

b.

By observationupright law

[removed]

c.

By commerce retired law

[removed]

d.

All of the balancehead.

0.5 points

Question 26

Which of the subjoined is a gentleman proposition?

[removed]

A.

As a unconcealed government, a unilateral reach does not recognize either barrange to a retrench to abrogate or blot-out it.

[removed]

B.

Where two segregateies retrench for the sale of an old violin and the dispose-ofer does not exhibit that it is a honorable and very-much valutalented one, then the dispose-ofer, the miscaptured border, can blot-out the retrench gone it would then be trickish to him or her.

[removed]

C.

In a deprivation predicament the victimized plaintiff deficiency normal substantiate that he or she relied on the erroneous proposition.

[removed]

D.

Fraud typically renders a retrench vain and unoccupied.

 

 

 

 

 

 

 

0.5 points

Question 27

Which of the subjoined is NOT one of the aspects of the evinced bond of occupationrability?

[removed]

A.

The consequence are aidtalented for the wonted points for which they are used.

[removed]

B.

The consequence are adequately contained, packaged, and labeled.

[removed]

C.

The consequence are priced normally and moderately.

[removed]

D.

The consequence succeeding a whilein each item or segregate are of an unicreate character.

0.5 points

Question 28

The idiosyncratic who can conrobust an prprexhibit is disclosed as

[removed]

 

The confirmor

[removed]

 

The profferor

[removed]

 

The assignee

[removed]

 

The profferee

0.5 points

Question 29

If the term, fix and method of introduction of consequence is not mentioned in a retrench:

[removed]

 

The fix of introduction is the buyer's fix of allegiance.

[removed]

 

The retrench is unoccupied for closing of definiteness.

[removed]

 

The fix of introduction is the dispose-ofer's fix of allegiance.

[removed]

 

The dispose-ofer is obligated to pay for shipping to the buyer's fix of allegiance.

 

0.5 points

Question 30

Which of the subjoined is FALSE encircling the tort of exchangeation?

[removed]

a.

A idiosyncratic cannot be obstructed for exchangeation by premeditatedly throwing objects on another's fix or causing third segregateies to follow on the fix gone that idiosyncratic did not physically follow on the fix.

[removed]

b.

A exchangeation can asoften despite singular attribute, designated "chattels" lower the sordid law.

[removed]

c.

The eager claimd for a exchangeation is simply the eager to do the act that arranges the exchangeation.

[removed]

d.

Regarding a exchangeation to fix, developed decay to the fix is not claimd; ostensible wages can be absorbed for the unpartial act of the exchangeation itself.

0.5 points

Question 31

The Americans succeeding a while Disabilities Act (ADA) claims that:

[removed]

a.

Employers chattels an all-out endeavor to adjudicate disabled employees indifferent of consume or outlay.

[removed]

b.

Employers chattels a "reasonable" trust to disabled employees.

[removed]

c.

Only ample mistresss succeeding a while balance 1500 employees must chattels a concludetalented trust to disabled employees due to the burdens implicated.

[removed]

d.

None of the balancehead.

 

 

 

 

 

 

0.5 points

Question 32

Regarding varyences lower the UCC in the comaspect of occupationrs and nonmerchants, which is gentleman?

[removed]

 

The UCC applies to occupationrs, but not to nonmerchants.

[removed]

 

The UCC claims occupationrs' retrenchs to be in letter, but not those of nonmerchants.

[removed]

 

The conditions for a occupationr to arrange a retrench are short aastringent than those for nonmerchants, and occupationrs take fewer vindicateions than nonmerchants.

[removed]

 

The consequence condition has been eliminated for retrenchs among occupationrs, but is peaceful confer-upon in retrenchs involving at diminutiveest one nonmerchant.

0.5 points

Question 33

Which of the subjoined are vindicateed classes lower Title VII of the 1964 Courteous Hues Act?

[removed]

 

Race, social derivation, and sex.

[removed]

 

Race, social derivation, and gregarious destruction.

[removed]

 

Race, theology, and sexual orientation.

[removed]

 

Religion, hue, and foregoing thrift eligibility.

 

 

 

 

 

 

 

0.5 points

Question 34

An main negotiates a retrench succeeding a while a third barrange for which the main did not own developed direct pattern. Which of the subjoined is gentleman?

[removed]

 

The main can never be held obstructed on the retrench owing the main exceeded his pattern.

[removed]

 

The main can be obstructed on the retrench simply if the main had evinced pattern to penetrate into the retrench.

[removed]

 

The main can be obstructed on the retrench simply if obvious pattern was confer-upon.

[removed]

 

Either evinced or obvious pattern faculty spaccentuation the main to be obstructed on the retrench.

0.5 points

Question 35

In arrange to own an consequenceing retrench which is regulated by the SEC, which of the subjoined is claimd?

[removed]

 

An consequenceing of excellent.

[removed]

 

A sordid penetrateprise.

[removed]

 

The trust that advantage from the penetratepsoften earn upshot from the endeavors of others.

[removed]

 

A, B and C.

 

 

 

 

 

 

0.5 points

Question 36

Ann owns Beta Enterprises, a uncombined proprietorship. Ann’s amenability for the compulsions of the allegiance is

[removed]

 

limited by set-forth legislation.

[removed]

 

limited to the aggregate of her derivational consequenceing.

[removed]

 

limited to the solidty aggregate of excellent Ann endues in the allegiance.

[removed]

 

unlimited.

0.5 points

Question 37

In arrange to be compelable, a covenant-not-to-rival must be concludetalented in each of the subjoined aspects except:

[removed]

 

Length of term the neutralization is in commodities.

[removed]

 

Scope (i.e. attentions vindicateed) by the neutralization.

[removed]

 

Amount hired to the one who gives up the upupright to rival.

[removed]

 

Geographic area of the neutralization.

 

 

 

 

 

 

 

 

0.5 points

Question 38

When a pleader penetrates into a retrench on advantage of strengthening which is not yet arrangeed, the strengthening earn befollow obstructed on the retrench:

[removed]

 

At the term the pleader penetrates into the retrench.

[removed]

 

When the strengthening follows into restence.

[removed]

 

Once the strengthening has elected its moderate consequence of directors.

[removed]

 

Only if the strengthening, once arrangeed, agrees to be obstructed on the retrench.

0.5 points

Question 39

The Intersocial Commerce Administration (ITA) of the U.S. Department of Commerce regulates drift two-of-a-occupation by:

[removed]

a.

Promotion of commerce and consequenceing

[removed]

b.

Strengthening assiduity competitiveness

[removed]

c.

Ensuaccentuation moderate commerce

[removed]

d.

All of the balancehead.

 

 

 

 

 

 

 

 

0.5 points

Question 40

Which of the subjoined is FALSE encircling wages for a gap of retrench?

[removed]

a.

Money wages can be of reparatory and logical wages.

[removed]

b.

Consequential wages must be concludeably foreseetalented by the segregateies as mitigated wages stemming from a gap.

[removed]

c.

Liquidated wages must be a concludetalented aggregate and not an exorbitant "penalty."

[removed]

d.

The Mitigation of Damage government does not allot when an mistress gapes a retrench succeeding a while an employee gone the mistress is usually the dominant existence, and thus the wickednessly released employee does not own any compulsion to look for other commerce.

Take Test: 5015 Cumulative Exam Segregate 2 of 7 - Allot Law

Question 1

  1. Assume that there is a eatables in the Colorado set-forth frame that conflicts succeeding a while a federal legislation passed by the U.S. Congress and dogmatical into law. Which is TRUE?

[removed]

a.

The Colorado frameal eatables earn be-in-fibre gone set-forths rested anteriorly the social government; and thus the federal law is infirm.

[removed]

b.

The federal legislation earn regulate due to the Supremacy Clause in the U.S. Frame and thus earn chattels the set-forth frameal law eatables infirm.

[removed]

c.

In Colorado, the set-forth frameal eatables earn be-in-force; but the federal legislation earn allot in the other 49 set-forths.

[removed]

d.

Whichever was passed chief earn regulate balance the other in Colorado.

0.5 points

 

 

Question 2

  1. Memorial Hospital hires Ample Construction Crew to refrigerate its perplexingy compass. Construction Crew submits delineations that the Hospital encourages. Construction Crew completes the senior restitution, paints the inland, and arrangement the expedient fixtures, equipment, and furnishings. The Hospital, besides, rejects some of the furnishings owing, due to the closing of balancesight of a Construction superintendent, they do not precisely companion the delineations. The Hospital behind trashs to recognize Construction Crew to complete the occupation or to congregate any cancelment. Whereupon, Ample Construction Crew sues for gap of retrench. The most accurate proaspect respecting the disintegration of this lawaid is?

[removed]

A.

Hospital wins gone Construction's dischargeance was not indeficient according to the Indeficient Tender government

[removed]

B.

Hospital wins Construction's superintendent was slatternly.

[removed]

C.

Construction wins gone Hospital acted in a fraudulent method.

[removed]

D.

Construction wins and resumes the retrench price minus the aggregate expedient to redress the defects and complete the occupation pursuant to the Substantial Occupation dogma.

0.5 points

 

 

 

 

 

Question 3

  1. Samir, a lawful sojourner of the U.S., applies for a job aspect succeeding a while an mistress as a vocable processor. The aspect claims that a idiosyncratic character into Vocable documents diversified old books, abundant of which own "fine" imprint, so that they can be converted into electronic editions. Which of the subjoined is NOT a exchangeation of U.S. pursueeous hues laws?

[removed]

a.

Samir does not get the job owing he is dark-skinned.

[removed]

b.

Samir does not get the job owing he is from Pakistan.

[removed]

c.

Samir does not get the job owing his eyesight is very, very capitalless and not sufficiently redressable.

[removed]

d.

Samir does not get the job owing he is a Muslim.

0.5 points

Question 4

  1. Bob and Carol occupation for Delta Company. Bob is Carol's super¬visor. Duaccentuation occupation, Bob feeles Carol in ways that she perceives as sexually foul. Carol resists the advances. Bob cuts her pay. Delta is

[removed]

 

liable, owing Bob's inaugurate arranged sexual harassment.

[removed]

 

liable, owing Carol resisted Bob's advances.

[removed]

 

not obstructed, owing Bob's inaugurate was not job-related.

[removed]

 

not obstructed, owing Carol resisted Bob's advances.

0.5 points

Question 5

  1. Jill insures her diminutive depot lower a cunning succeeding a while Kappa Insurance Company. Jill assigns the cunning to Lyle, who as-well owns a depot, a ampler one. Kappa's best dispute despite the assignment of the cunning is that

[removed]

 

Kappa did not submit to the assignment.

[removed]

 

Kappa was not hired for the assignment.

[removed]

 

the assignment earn materially exchange Kappa's destroy.

[removed]

 

this is a singular use retrench.

0.5 points

Question 6

  1. Assume that Blockbuster Video announced that it deficiencys to "buy out" and merge succeeding a while "Hollywood Video," one of its important opponents. Such a tender would be:

[removed]

a.

A lifeless merger question to the merger experiment in the Clayton Act.

[removed]

b.

A perpendicular merger which claims the "dispense foreclosure" lawful experiment to be applied.

[removed]

c.

An trickish cohibition of commerce which claims the Government of Conclude to be applied.

[removed]

d.

None of the balancehead.

0.5 points

 

 

 

 

Question 7

  1. Owen and Pat are segregateicipators in Character Investments, a connection. Owen enlightens Roy, a customer to endue in a nonexistent gold mine. Owen absconds succeeding a while Roy's excellent. If Roy sues Pat, Roy earn:

[removed]

 

lose, owing segregateicipators are not jointly and individually obstructed.

[removed]

 

lose, owing simply connection upshot are helpful to pay the judgment

[removed]

 

win, owing segregateicipators are jointly and individually obstructed

[removed]

 

win, owing connection upshot are helpful to pay the judgment

0.5 points

Question 8

  1. Mickey, Frankie, and Phillip own legitimate attribute concomitantly as tenants in sordid. A diagnosis of such ownership is:

[removed]

 

Right of survivorship gone the attribute is owned jointly.

[removed]

 

A probability of a connection gone the attribute is owned jointly.

[removed]

 

The remove of an attention in the attribute succeeding a whileout the submit of the other owners and succeeding a whileout destroying the tenancy in sordid.

[removed]

 

None of the balancehead.

0.5 points

Question 9

  1. Perfume Crew executives persevere that their sales idiosyncraticnel be "thin, cute, and sexy." They thus perceive despite mob who are not lean, cute, and sexy inveterate on this coming type. This commerce type pursuant to pursueeous hues laws is:

[removed]

 

Illawful gone it is trickish acuteness inveterate on coming.

[removed]

 

Legal as hanker as the type is applied identical to men and women on the sales fibre.

[removed]

 

Illawful if the coming acuteness is used as a sophistry for career or hue acuteness.

[removed]

 

B and C.

0.5 points

Question 10

  1. Driving a car slatternlyly, Adam jares into a phone pole. The pole falls, smashing through the roof of a scion, killing Beth. But for Adam's inattention, Beth would not own died. Respecting the mortality, the jar is the

[removed]

 

spaccentuation in deed.

[removed]

 

intervening spring.

[removed]

 

unforeseetalented spring.

[removed]

 

superseding spring.

0.5 points

 

 

 

 

Question 11

  1. Donnie chattelss an prprexhibit to Marie to dispose-of his used racing bicycle for $200. Marie responds by maxim "I conrobust at $150." Donnie trashs and says the price is established. Marie then says "OK, I conrobust at the derivational price." However, Donnie dispose-ofs the bike to a third border; whereupon Marie sues Donnie for gap of retrench. Who is mitigated to be-in-force?

[removed]

a.

Marie gone she confirmed Donnie's prprexhibit at $200.

[removed]

b.

Marie gone her moderate counter-argument was unmixedly an "invitation to proffer."

[removed]

c.

Donnie gone his derivational prprexhibit was arrangeinated by Marie's counteroffer.

[removed]

d.

Donnie gone the pursue would unoccupied the unimpaired retrench gone $200 for unicreate a used racing bike does not look affect a moderate price.

0.5 points

 

 

 

 

 

 

Question 12

  1. The directors of Global Boarding Crew made a "bad" allegiance sentence in 2006, by resting on the order of financial experts and lawyers and statementants, who all reflection the legitimate eset-forth dispense would endure to soften for years and years; and thus the directors endueed heavily in advance backed securities instead of undestroyed gold and gold garners and Treasury bonds. Of manner, when the recession came, Global Boarding Crew obsolete a wide dispense of excellent for its shareholder endueors. The shareholders then sued the directors for inattention. The directors are best vindicateed lawfully by:

[removed]

 

The relatively inattention dogma owing the shareholders mitigated were enigmatical endueors who should own disclosed that "what goes up, must follow down."

[removed]

 

The presumption of the destroy dogma gone everyone knows that the garner dispense is a destroyy luck.

[removed]

 

The Allegiance Judgment Government unicreate though the sentence coagulated out to be a "bad" allegiance one.

[removed]

 

The dogma of rigorous amenability for ultra-hazardous activities gone it was sordid inferiorstanding at the term that mob were nature supposing advances succeeding a while no down-cancelment and no verifitalented exemplification of pay, upshot, or commerce.

0.5 points

 

Question 13

  1. Mohammed is a divest at the restrain-out verse at a big-box retail garner. He is a Moslem and very divine. He is a very good-tempered-tempered employee, but he trashs to restrain out mob who own liquor in their basket or pork commoditiess, such as frozen pepperoni pizza. He as-well trashs to feel them. These commoditiess transgress his divine beliefs. He thus has to ask a superintendent or another divest employee to follow on balance and "accentuation up" and bag those items. Once he unicreate asked a customer to accentuation up her own commoditiess. This seat is origin to incommode the mistress and its customers. The mistress accordingly tells Mohammed that he must remove to a infantineer book-maintenance aspect, though succeeding a while compartalented stipend and benefits, or else be released. Mohammed trashs, is released, and sues for divine acuteness. The mitigated upshot of such a lawaid earn be:

[removed]

 

Mohammed earn be-in-fibre gone this is evidently divine acuteness.

[removed]

 

Mohammed earn be-in-fibre gone making him a unpartial "clerk" is not a concludetalented trust on the segregate of the mistress in these mood.

[removed]

 

The mistress earn be-in-fibre if it can enlighten the pursue that its trust to Mohammed was a concludetalented one.

[removed]

 

The mistress earn be-in-fibre indifferent gone it has no allegiance to adjudicate the divine practices of its Moslem employees succeeding the terrorist attacks of 9/11.

0.5 points

Question 14

  1. Tech, Inc., dispose-ofs its brand-spectry computer equipment quickly to its franchised retailers. Depending on how resting franchisees do, Tech may season the reckon of franchisees in a absorbed area to contract intrabrand two-of-a-trade. Tech's neutralization on the reckon of dispenseers mitigated is

[removed]

 

a per se exchangeation of the Sherman Act.

[removed]

 

exempt from the antitrust laws.

[removed]

 

question to lasting reconsideration by the delayhold federal exercise.

[removed]

 

question to the government of conclude.

0.5 points

Question 15

  1. Big Casino Crew located on the Gulf of Mexico in Mississippi deficiencys to announce its "gaming packages" to Florida sojourners. The set-forth of Florida passes a law prohibiting the advertising of gambling casinos in the set-forth. Big Casino defys the law as an breaking of its frank discourse hues. The mitigated upshot of such a lawful defy would be:

[removed]

 

The Florida law earn be upheld gone gambling is regarded as a "vice' that the set-forth can vevince its sojourners from.

[removed]

 

The Florida law earn be upheld gone companies implicated in the gambling assiduity do not own frank discourse hues.

[removed]

 

The Florida law earn be upheld gone the reason of Big Casino Crew is to chattels excellent from Florida sojourners.

[removed]

 

The Florida law earn be struck down as an breaking of Big Casino's wholesale discourse hues lower the Chief Amendment.

0.5 points

Question 16

  1. Liquor crew has an announcement for its wine-coolers on television which likenesss diverse infantine-looking (though balance 21) boys and girls having fun sailing a boat. The ad is a very sexy one, as the infantine mob are very tempting and in bathing aids and are frolicking encircling the boat; but the ad does not likeness the infantine mob developedly drinking the commodities. Pursuant to the Federal Commerce Commission's sham advertising types, this ad is best picturesque as:

[removed]

 

Legal gone pin is erroneous encircling it and the actors are balance 21 and naturally one would wait-for that they be good-tempered-looking, and thus the ad meets all FTC types for advertising.

[removed]

 

Legal so hanker as the FTC chief encourages it and the ad is not fixd on any TV likenesss geared for outcome, such as Saturday waking cartoon likenesss.

[removed]

 

Illawful gone it could be misleading in the notion that infantine mob could be misguided into refined that drinking and boating can be allotial securedly.

[removed]

 

Illawful owing all advertising is, in life, lies, deceptions, and half-truths.

0.5 points

Question 17

  1. Jill dispose-ofs her allegiance to Kyle and, as segregate of the retrench, engagements not to gain in a allegiance of the selfselfsame skin succeeding a whilein three miles for one year. This engagement is unconcealedly

[removed]

 

an unreasontalented cohibition of commerce.

[removed]

 

unreasontalented in arranges of geographic area and term.

[removed]

 

unreasontalented in arranges of Kyle's "goodwill" and "reputation."

[removed]

 

conclusive and compelable.

0.5 points

Question 18

  1. Able, Baker, and Calleti arrange a strengthening. The set-forth laws superior the instrengthening claim that the tenets of instrengthening be authorized by three incorporators. A oppidan charter is issued, and the strengthening begins to do allegiance. Thelma extends confidence to the strengthening. Owing of a social recession, the strengthening graces bankrupt. At this term, Thelma learns that Talented failed to prognostic the tenets of disjunction. Thelma claims that the strengthening's arrangeation was incompatible, and that Able, Baker, and Calleti are singularly obstructed. Which is the most accurate proaspect respecting the disintegration of this lawsuit?

[removed]

A.

Thelma be-in-forces gone Talented failed to prognostic the tenets.

[removed]

B.

Thelma be-in-forces but can simply recbalance from Able.

[removed]

C.

Thelma loses due to the de deedo strengthening dogma.

[removed]

D.

Thelma loses due to the improbability of dischargeance dogma due to the recession.

0.5 points

 

 

Question 19

  1. Home Interiors, Inc. (HII), tells Jan, whose allegiance is purchasing for others, to excellent and buy $200 estimate of infallible consequence and ship them to HII's duty. Jan buys the consequence from Brand Spectry Products Garner and ships them as di¬rected, maintenance an statement for the outlay in HII's spectry. HII and Jan

[removed]

 

do not own an exercise relation, owing Jan's allegiance is buying for others.

[removed]

 

do not own an exercise relation, owing Jan did not evince that she was acting for Baron.

[removed]

 

do not own an exercise relation, owing their retrench is not in letter.

[removed]

 

own an exercise relation.

0.5 points

Question 20

  1. Shareholders of X Boarding Strengthening like their strengthening was harmed when the directors follattributtalented the order of infallible financial "experts" who advised them to own the strengthening endue in advance backed securities. The shareholders deficiency the directors to baccentuation aid in the strengthening's spectry despite these so-designated experts; but the directors trash to do so maxim the lawaid would be consumely and a perplexing one to win. Nonetheless, the shareholders deficiency the strengthening to sue. The shareholder's best approximation would be to institute:

[removed]

 

A pooling retrench.

[removed]

 

A voting trust

[removed]

 

A shareholder derivative lawsuit

[removed]

 

Cumulative voting.