Final Exam Flashcards

1
Q

Written stop payment orders are valid for 12 months.

A

False, they’re valid for 6 months.

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2
Q

Where is a Form UCC-1 filed?

A

With a local government office.

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3
Q

Natalie may not order a stop payment on the check she issued to Karen because she owes Karen the money and is only stopping payment due to the disagreement they just had.

A

False

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4
Q

Tim makes a check payable to “Tina, Doug, Beth, Sara.” Whose endorsements may be on the check for it to be negotiable?

A
A) Tina
B) Beth and Sara
C) Tina, Doug, Beth, and Sara
D) Doug
E) all of the above

All of the above

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5
Q

How is a security agreement authenticated?

A

signed by the debtor

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6
Q

Kelly issues a check to “Peter and Paul.” She gives the check to Peter, who signs it and deposits it into his checking account. Paul demands his payment from Kelly, who in turns demands payment from her bank. Is the bank liable to Kelly?

A

Yes; the check was not negotiable with only Peter’s endorsement.

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7
Q

You have a duty to report check alterations to your bank within one year of discovering the alteration.

A

False

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8
Q

Betty issued 15 checks to her sister in various amounts over a two-day period. She would like to stop payment on one of the checks she issued, but she does not know the check number or the date it was issued and she is unsure of the amount. (She thinks the check she wants to stop was around $100.) What is the bank’s liability to Betty if it pays the check?

A

The bank is not liable to Betty because she did not describe the check with reasonable certainty.

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9
Q

Jason sells 12 bikes to Mike on credit and they execute a security agreement. Mike has already pledged his inventory for his bike shop as collateral for his bank loan. What must Jason do to create a purchase-money security interest in the bikes?

A
A) file a UCC-1
B) file the UCC-1 before he delivers the bikes
C) give notice to the bank
D) amend the bank’s UCC-1 filing
E) A, B, and C

Answer is E

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10
Q

You can order a stop payment on a cashier’s check.

A

False

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11
Q

This business form requires filing with the state.

A
A) Corporation
B) Limited liability company
C) Sole Proprietorship
D) Limited Partnership
E) A and B
F) A, B, and C
G) all of the above

Answer is E

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12
Q

Liability protection is available in all business forms

A

False

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13
Q

Which is not one of the four basic types of business forms?

A

A) Limited Partnership
B) Sole Proprietorship
C) Corporation
D) Limited Liability Company

Answer is A

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14
Q

If, as a business owner, I was required to issue K-1s, which business form would I be?

A
A) Sole Proprietorship
B) C Corporation
C) S Corporation
D) Partnership
E) A and C
F) C and D
G) All of the above

Answer is F

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15
Q

One reason to choose a corporation over a limited liability company is liability protection.

A

False

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16
Q

Which business form requires filing articles of incorporation and preparing bylaws?

A
A) Limited Partnership
B) Limited Liability Company
C) Corporation
D) Partnership
E) B and C

Answer is C

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17
Q

If I were opening a gymnastics facility, I would choose which type of business form for liability protection?

A
A) Sole Proprietorship
B) Partnership
C) S Corporation
D) Limited Liability Company
E) C and D
F) B, C, and D
G) All of the above

Answer is E

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18
Q

A Limited Partnership requires a formal business structure.

A

False

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19
Q

Which is currently the most popular form of business?

A

Limited Liability Company

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20
Q

A limited partner in a partnership is subjecting his or her personal assets to risk.

A

False

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21
Q

Home Health Care Services wants its employees and applicants to undergo genetic testing. This business may not

A

A) discriminate in place or promotion against applicants who have a genetic predisposition to disease.
B) deny coverage or charge higher premiums to its employees for group health plans based solely on a genetic predisposition to disease.
C) refuse to hire or discharge employees who have a genetic predisposition to disease.
D) All of the above

Answer is D

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22
Q

Most employees today work as employees at will unless there are exceptions present. Some of the exceptions include

A

A) fraud or false promises
B) employment discrimination in violation of state or federal law
C) whistleblowing
D) A, B and C

Answer is D

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23
Q

If you accept worker’s compensation benefits, you cannot sue for injuries caused by negligence by the employer.

A

True

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24
Q

Jacob retires from his job as a manager at Readers Bookstore. Federal law provides

A

A) termination of pension benefits upon employment termination
B) vesting of employee’s rights to all pension benefits immediately
C) employer’s required establishment of pension plans
D) timely and uninterrupted payment of private pension benefits

Answer is D

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25
Q

Susan is the only female surveyor in her office. Her co-workers keep pin-up pictures in their cubicles and talk about their conquests while out working. Susan feels compelled to quit. This is

A

A) a voluntary discharge on the basis of impact discrimination
B) a harassing discharge on the basis of treatment discrimination
C) a constructive discharge on the basis of gender discrimination
D) not a discharge or discrimination

Answer is D

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26
Q

If I were to hire Sidney Crosby away from the Pittsburgh Penguins and bring him to the Buffalo Sabers, I would have him sign a contract because

A

A) it would secure and bind him to my organization and I would be paid if he left sooner than the term of his contract
B) I want to ensure that he does not prematurely leave my organization because of his special skill and expertise
C) he is an employee that would be hard to replace
D) A and B
E) A, B and C

Answer is E

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27
Q

Federal law provides the right to continued health coverage for an employee who has been terminated from employment

A

True

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28
Q

David is a shift manager at Pizza Hut. He sets the schedules for the employees and orders inventory. David is an exempt employee.

A

True

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29
Q

ABC Company denies Angel FMLA leave for the birth of his child, but Angel takes the time off anyway. The employer can be required to provide

A
A) damages for lost wages and benefits
B) job reinstatement
C) promotion, if one was denied
D) sick pay
E) A, B and C
F) A, B, C and D

Answer is E

30
Q

With respect to age discrimination, a plaintiff must prove that he or she was replaced by a person outside the protected class

A

False

31
Q

The following toys—Hula Hoop, Legos, Yo-Yo, and Frisbee—all have what in common?

A

They were patented toys.

32
Q

If you want to see whether a logo is already trademarked by a company, you can search which database?

A

the World Wide Web

33
Q

If Solomon Publishing receives a book for review and publishing, it should ensure that the materials in the book are not copyrighted materials.

A

True

34
Q

If you want to apply for a trademark, what should you do?

A

A) create the mark
B) search to see if the item to be trademarked already exists
C) complete a trademark application and file it with the United States Patent and Trademark Office
D) advertise the trademark
E) A and C
F) A, B, and C
G) all of the above

Answer is F

35
Q

If I write lyrics to a song, I can protect it under a patent.

A

False

36
Q

If you took information from a website and included in verbatim in your paper for English 101 without referencing the source, you may have violated copyright law.

A

True

37
Q

Copyright protection is invoked if you write a poem on a sheet of paper.

A

True

38
Q

You develop an application that would allow people to scan a product at a store and compare prices at other local retailers. Under which intellectual property protection might you apply?

A

Copyright

39
Q

XYZ Websites, Inc. is creating a website for a photographer and wants to utilize background music for the opening page. The photographer is a big fan of Enya and wants to use one of her songs on the website. In order to use the song, XYZ would need to ensure it is no longer copyrighted or obtain permission.

A

True

40
Q

If you develop a star-shaped box to use in your jewelry business as packaging for items purchased by your customers, you could protect that box using the trademark process.

A

True

41
Q

Dandy Don’s Auto Sales employs Tudor Collection Company as a collection agent. While repossessing a car from Tina, one of Dandy Don’s customers, Tudor causes an accident in which Tina is injured. Tina can recover from

A

Dandy Don’s or Tudor

42
Q

An agreement to form an agency relationship can be oral.

A

True

43
Q

Apparent authority

A

A) can occur even if the agent has no express or implied authority
B) can happen only by words or acts of the agent that cause a third party to believe that authority
C) can happen only by words or acts of the principal that cause a third party to believe that authority
D) can be forced on a principal with the principal estopped (prevented) from denying that an agent had such authority under certain facts and conditions
E) C and D
F) A, B, and D
G) A, C, and D

Answer is G

44
Q

Destiny indicates that she is acting as an agent on behalf of an unnamed client, Archer Partnership. When she enters into a contract with Shayla, Archer Partnership is

A

an unidentified principal

45
Q

A trust document provides instructions for the trustee about

A

A) who can benefit from the trust
B) how the assets are to be managed in the trust
C) when distributions can be made from the trust
D) how trust assets will ultimately be distributed from the trust
E) B and D
F) A, B, and C
G) all of the above

Answer is G

46
Q

A principal owes an agent a duty of estoppels.

A

False

47
Q

Stan is a crew chief on the Clear Waters, Inc. oil rig in the Gulf. One of the suppliers, Huett, Inc., came to the rig to deliver steel for rig repairs. Matthew, the supervisor for the rig, was off the rig for an emergency meeting of management in New Orleans. Stan signed for the steel delivery and had his employees off-load the steel. Clear Waters, Inc. paid the invoice for the steel to Huett, Inc. in due course. Stan’s authority to act is

A

Ratification

48
Q

To form an agency relationship, the agreement must be voluntary, it must always be in writing, and consideration is required

A

False

49
Q

James is an officer of Small Corporation. With respect to binding Small Corporation to contracts, James’s authority

A

May be actual or apparent

50
Q

A power of attorney gives the Samantha the authority to pay the monthly bills for her father’s condo while he is on a cruise to Alaska.

A

True

51
Q

All court cases, whether brought in state or federal court, use the following process

A
A) a complaint is filed
B) an answer is filed
C) the parties attempt to mediate the issue
D) the parties engage in discovery
E) testimony is taken in court
F) the judge or jury renders a decision
G) all of the above
H) A, B, D, and F
I) A, B, D, E, and F

Answer is I

52
Q

The following are required parts of the mediation process.

A

A) both parties meeting with the mediator
B) parties meeting independently with the mediator
C) a decision rendered by the mediator
D) a written settlement agreement
E) A and B
F) A and C
G) A, B, and C

Answer is E

53
Q

Litigation is the most expensive form of dispute resolution.

A

True

54
Q

When an appellate court hears argument on a case and renders an opinion, the appellate court can do which of the following?

A
A) affirm the trial court’s verdict
B) object to the trial court’s verdict
C) reverse the trial court’s verdict
D) remand to the trial court for further proceeding
E) A, C, and D
F) A, B, C, and D

Answer is E

55
Q

Which of the following are examples of federal specialty courts?

A
A) DUI court
B) tax court
C) claims court
D) divorce court
E) bankruptcy court
F) all of the above
G) B, C, and E
H) A, B, and C

Answer is G

56
Q

The following are part of the arbitration process.

A

A) opening statements
B) questions from the arbitrators to the parties
C) presentation of evidence by the parties
D) a decision by the arbitrator for one party or the other
E) B and D
F) A, C, and D
G) A, B, C, and D

Answer is G

57
Q

Samantha wants to initiate a lawsuit against Hollywood Theatre by filing a complaint. The complaint should include which of the following?

A
A) interrogatories
B) a request for production of documents
C) the facts establishing Samantha’s basis for relief
D) all of the above
E) A and C

Answer is C

58
Q

Only the federal court system has specialty courts.

A

False

59
Q

Both federal and state courts have trial courts, appellate courts, and supreme courts.

A

True

60
Q

Which of the following is part of the discovery phase of litigation?

A
A) subpoenas
B) depositions
C) interrogatories
D) pleadings
E) production of documents
F) B, C, and E
G) A, B, and C

Answer is F

61
Q

Frank’s car has just been repaired. When Frank exits the service station, his wheel falls off. At the same time, a woman walking down the sidewalk near the service station trips and breaks her arm. The woman would not have a claim against Frank because her injury resulted from her tripping and not the car.

A

True

62
Q

Bolt Cola puts a picture of Usain Bolt on its can in order to sell more of its product. Usain Bolt did not give permission; thus, Usain Bolt can file an invasion of privacy claim against Bolt Cola.

A

True

63
Q

Julie was walking down the sidewalk after a recent snowstorm before the walkways were cleared. A large dog barking in the neighbor’s yard scared her, and she slid on the ice and fell, but got up and walked the remainder of the way to her destination. Why would Julie NOT have a claim against the homeowner?

A

A) A duty of care was not breached.
B) Julie was not injured.
C) The barking dog was a superseding cause of her fall.
D) A, B, and C

Answer is D

64
Q

Jennifer Aniston was on vacation in the Riviera on a friend’s yacht. Nude sunbathing pictures of her on her trip appear in US Weekly. Jennifer can

A

A) file a defamation action against US Weekly
B) file an invasion of privacy claim against US Weekly
C) file a trespass claim against US Weekly
D) all of the above
E) none of the above, because Jennifer Aniston is a famous person

Answer is E

65
Q

Trent owns a nature preserve on 100 acres and has a monkey cage that houses various species of monkey in their natural habitat. Trent will give supervised tours of the facility. Some college students in a fraternity are going through initiation; they are blindfolded and dropped off in an open area that is part of the preserve. They come upon the cage, but there is a fault with the cage; one of the monkeys is outside and attacks the college students. The college students would

A

A) not have a claim because they trespassed on the property
B) have a claim under strict liability since the housing of exotic pets is inherently dangerous
C) not have a claim because they invaded Trent’s privacy
D) have a claim, but it would be subject to comparative negligence on their part

Answer is D

66
Q

In 1994, Stella Liebeck accidentally spilled hot coffee, purchased at McDonald’s, on her lower body and suffered third-degree burns on her thighs, groin, and buttocks. Liebeck filed a claim against McDonald’s and won. This is an example of which type of tort case?

A
A) intentional infliction of emotional distress
B) product liability
C) defamation
D) false imprisonment
E) battery

Answer is B

67
Q

Bill falsely tells Kelly and Jocelyn, prospective buyers of a neighbor’s home, that the neighbor cheated Bill in the past. This causes Kelly and Jocelyn to back out of the sale. The neighbor can bring a defamation action against Bill because

A

A) the neighbor can prove that Bill made the statement
B) Kelly and Jocelyn did not buy the house
C) Bill wrongfully interfered with a contractual relationship
D) Bill wrongfully interfered with a business relationship
E) A and B

Answer is E

68
Q

Tom borrows a chain saw from Hank and, while using the chain saw, breaks one of the components, fails to repair the saw, and does not return it to Hank. Hank would be able to file a conversion claim against Tom.

A

True

69
Q

Francisco García of the Sacramento Kings was balancing on a 75-centimeter Ledraplastic balancing ball along with weights when the ball burst and he was injured. He fractured his right forearm and was unable to play the first four months in his first-year contract with the Kings. Francisco could file a products liability action against Ledraplastic.

A

True

70
Q

If, in the course of conversation, Mary tells Bill that the IRC Accounting Firm does not do a complete job because the partners are incompetent, Mary is guilty of defamation.

A

False