12 May WHICH OF THE FOLLOWING POWERS DO ADMINISTRATIVE AGENCIES TYPICALLY HAVE?
Which of the following powers do administrative agencies typically have?o Statute interpretation, law enforcement, and mediationo Law enforcement, statute interpretation, and dispute resolutiono Rulemaking, statute interpretation, and dispute adjudicationo Dispute adjudication, mediation, and rulemaking The Sarbanes-Oxley Act prohibits publicly traded companies from making personal loans to whom?o Its majority shareholderso Its certified public accountantso Its executive officers or directorso Its legal counselIn 1970, Congress established an administrative agency to enforce statutes enacted to protect the air and water of this country. What is the name of this agency?o Army Corps of Engineers Agencyo National Ambient Air Quality Standards Agencyo Air Quality Control Agencyo Environmental Protection Agency If a corporate officer or director acts in a manner to make use of an advantage that he or she knows will only benefit himself or herself and deprives the corporation of that advantage, what breach of fiduciary duty has been committed?o Duty of obedience by competing with the corporationo Duty of care by violation of the business judgment ruleo Duty of loyalty by self-dealingo Duty of loyalty by usurping a corporate opportunity The Sarbanes-Oxley Act is intended to increase the confidence of the public and investors through increasing which of the following?o Separation of powerso Director complacencyo Corporate veilo Corporate governance Which of the following is likely to be a breach of a corporate officers or directors duty of care?o Failing to predict the startup of a new competitoro Failing to react appropriately to a severe rise in the prime interest rateo Failing to anticipate a drop in the consumer demand of the companys producto Failing to predict a raw materials shortage resulting from a natural disaster In order to prevent and clear hazardous wastes that increase mortality or serious illness, the federal government established a specific method to finance the cleaning of polluted areas by enacting what statute?o The Superfree Acto The Insecticide, Fungicide, and Rodenticide Acto The Toxic Substances and Control Acto The Comprehensive Environmental Response, Compensation, and Liability Act Under what system of corporate voting by shareholders can a minority shareholder achieve success in electing someone to the board of directors?o Cumulative votingo Proxy votingo Straight votingo Absentee voting Which of the following is true of the Federal Trade Commission?o It is a federal agency created by Congresso It is a branch of the U.S. Supreme Courto It is a corporation subsidized by the federal governmento It is a temporary commission created by executive order that has become permanent In order to protect wildlife that may be subject to scarcity, which Executive Branch cabinet member designates which species of wildlife may be endangered or threatened?o Secretary of the Interioro Secretary of Health and Human Serviceso Secretary of Homeland Securityo Secretary of Commerce Unless otherwise stated in the articles of incorporation, a quorum to hold a meeting of the shareholders is generally defined as which of the following?o A committee of directors selected to vote on a corporation actiono The number of registered shareholders eligible to vote at a given timeo The number of shareholder votes necessary to pass an actiono A majority of shareholders required to be present to vote on a corporate action If a corporate officer in the position of secretary intentionally takes over the powers provided to the treasurer in the corporate documents, what fiduciary duty does that corporate secretary breach?o Duty of careo Duty of good faith and fair dealingo Duty of obedienceo Duty of loyalty Officers of a corporation typically can have which types of agency authority to bind the corporation?o Express, transparent, and appliedo Express, transparent, and impliedo Express, applied, and apparento Express, implied, and apparent According to the provisions set forth by the Sarbanes-Oxley Act, which federal government agency may issue an order prohibiting any person who has committed securities fraud from acting as an officer or a director of a public company?o Federal Communications Commissiono Securities and Exchange Commissiono Federal Reserve Systemo United States International Trade Commission Tuff-Steele Constructions, Inc. has not been adhering to appropriate worker safety rules. As a result, there have been an increased number of on-site accidents and several construction workers have sustained serious injuries. Which of the following powers will allow an administrative agency to bring agency proceedings against Tuff-Steele Constructions?o Rulemakingo Judicial authorityo Licensingo Executive power1 Which of the following examples is a bilateral contract?Mary pays Bob for Bobs promise to paint her house on Saturday.Bob paints Marys house and Mary promises to pay Bob on Saturday.Mary pays Bob for painting her house.Mary promises to pay Bob if Bob promises to paint her house.2 Parties enter into a contract for services and one party commits a breach. The party who breached wants to continue with the contract but wants the terms revised. What is his best method of dispute resolution?ArbitrationNegotiationMediationMed-Arb3 To create an enforceable contract, which of the following are needed? Agreement, consideration, contractual capacity, and a lawful objectOfferer, offeree, agreement, and capacityAgreement, consideration, objectives, and contractual capacityOfferer, acceptance, agreement, and consideration 4 Which of the following is true when someone mistakenly makes an improvement to the personal property of another? The property owner automatically gets to keep all of the improvement and is not required to pay for it.The party who made the improvement can remove it if this is possible; otherwise, the owner of the property must keep the improvement and must pay the party who improved it the reasonable value of the improvement.The party who made the improvement must remove all easily removable improvements, paying any damages from the removal, otherwise the owner of the property gets to keep the improvement and is not required to pay for it.The property owner gets to keep the improvement in all cases, but must pay the party who improved it the reasonable value of the improvement.5 An individual who finds the personal property of another, acquires legal title to that property against the entire world, only if it is what type of personal property? Stolen propertyMislaid propertyLost propertyAbandoned property6 Wildboards Company introduces a product called a Rollerboard for which it is granted a registered trademark. The Rollerboard is a snowboard with a removable row of wheels along the center of the underside. With the wheels attached, the user can attain extremely high speed in hard-packed snow conditions. In addition, many users have found that they can use their snowboards on streets with the wheels attached. This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products. The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards. What is the consequence of this scenario?Wildboards can no longer use the name Rollerboard on its boards.Competitors must pay royalties to Wildboards for using the term rollerboard.Competitors must put a disclaimer on their boards that they are not the original Rollerboard.Wildboards cannot stop competitors from using the term rollerboard for their products.7 Consideration, which is required in a contract, consists of which two elements?Legal value is appropriate and the value is paid.Money must be received and a promise fulfilledLegal value must be given and there must be a bargained-for exchangeMoney must be paid and funds received.o Incorrect 8 Jenson and Johnson enter into a contract that involves Johnson paying Jenson $1,000 for shoveling the snow from his driveway throughout the winter. Jenson, who was paid before work commenced, breached the contract on the very first day. He should refund $1,000 to Johnson asliquidated damagesconsequential damagescompensatory damagesrestitution9 A(n) ________ is an agreement that is stated orally or in written words.implied-in-fact contractquasi-contractimplied-in-law contractexpress contract10 Which of the following is an equitable doctrine designed to prevent unjust enrichment and unjust detriment where no actual conract exists?The doctrine of implied-in-law contractThe doctrine of formal contractsThe doctrine of Quantum meruit The express contract doctrine 11 Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also ask to acquire the offenders trade secrets as payoffobtain an injunction prohibiting the offender from divulging the trade secretobtain the offenders trademarks or brand name as payoffask for transfer of any of the offenders patents to the plaintiff12 What federal statute governs the legal use of electronic contracts?Uniform Commercial CodeFederal Enforcement ActUniform Computer Information Transactions ActFederal Banking Act of 201013 Some trees were cut down and made into lumber, and the lumber was used to build a house. What type of property were the trees while they were growing, when they were lumber, and when they became part of the house, respectively?Real, personal, realReal, real, personalPersonal, personal, realPersonal, real, real14 Oral agreements may be legally enforceable contracts with the exception of some types of contracts specified in which law?Statute of FraudsStatute of LimitationsCommon Law StatuteStatute of Verbal Contracts15 Contracts are discussed primarily in Sections 2 and 2A of the Uniform Commercial Code pertaining to which of the following transactions?Financing of consumer goodsSale of real propertySale of commercial goodsSale of goods and lease of goods16 Which of the following is true about the public use doctrine?A patent will not be granted if the invention was already in public use for one year before filing applicationThe invention will come into the public domain once its term period has expiredAn invention cannot be used in the public domain prior to it being granted a patentThe inventor has to test his invention in the public domain, to measure its validity, before being granted a patent17 Which of the following is the best definition for the legal term promissory estoppels?A promise made in a contract must be an express promise in order to be validA party to a contract cannot promise to provide illegal considerationA party to a contract cannot withdraw a promise if the other party to the contract relied upon the promise to his or her detrimentA gift promise made in an estate is valid and legal18 Which of the two parties are involved in every contract?A breaching party and a nonbreaching partyAn offeror and offereeAn initiator and a responderA buyer and seller19 In order for a response to be considered a legal acceptance to an offer, and not a counter offer, what rule must apply?The voluntary performance ruleThe public law ruleThe lapse of time ruleThe mirror image rule20 Which of the following types of real property rights can be sold separately from the land?Building fixtures on the landImprovements under the land Minerals in the subsurfaceBuildings and improvements on the land21 Both the Statute of Frauds and the Uniform Commercial Code require a valid, enforceable contract to be signed by whom?All parties to the contractNone of the parties to the contractParty enforcing the contractParty against whom the contract enforcement is sought22 If a contract ends in a dispute, and the parties want to have the matter resolved without going to court, which is the most common method for them to pursue?DiscoveryMinitrialArbitrationMediation23 What is the highest type of ownership estate in real property?Freehold estateFee simple absolute estateLeasehold estateLife estate24 Which of the following examples is a unilateral contract?Debbie pays Larry for Larrys promise to paint her house on Saturday.Debbie pays Larry for painting her house.Debbie promises to pay Larry when Larry paints her house.Larry promises to paint Debbies house if Debbie promises to pay him.25 Under Section 2 of the Uniform Commercial Code (UCC), a contract for the sale of goods must be written if that contract is for what monetary value?$100 or more$250 or more$1,000 or more$500 or more 25 Contracts are discussed primarily in Sections 2 and 2A of the Uniform Commercial Code pertaining to which of the following transactions?Sale of goods and lease of goodsFinancing of consumer goodsSale of commercial goodsSale of real property Which of the following is true of a corporation?o A corporation is a separate legal entity.o Corporation owners are only taxed once on earnings.o Corporation shareholders are subject to unlimited personal liability.o A corporation terminates upon the death of an owner. Fred and Ginger are general partners in a business. They decide to purchase a building for the partnership. Ginger will put up the money for the building, and Fred will complete the remodeling. While inspecting the building, Fred is informed that the building is packed full of asbestos. He fails to tell Ginger of the presence of the substance. They buy the building and go into business. During the remodeling of the building, people from the neighborhood begin complaining about the dust from the building. Some of them even threaten to sue. Who is liable?o Fred is liable because he was put on notice of the presence of the substance. Ginger is not liable because she did not have actual knowledge.o Neither Ginger nor Fred are liable personally, nor is the partnership, as they did not put the substance in the building.o Both Ginger and Fred are liable, regardless of the circumstances, by virtue of the fact that they are partners.o Ginger is liable because she is the one who purchased the building. Fred is not liable, even though he had actual knowledge, because he did not purchase the building. Which type of business formation is typically reserved for professionals such as accountants, lawyers, and doctors?o S-Corporationo Franchiseo Limited Liability Company (LLC)o Limited Liability Partnership (LLP) Which of the following is one of the major purposes of a settlement conference?o To facilitate the settlement of a caseo To structure a settlement payment scheduleo To contest the local court ruleso To conduct discovery for a case When parties agree in advance to adhere to an arbitrators decision and award, it is known aso binding arbitrationo mediationo appealableo arbitrator discretion Which of the following is true about the choice of business entity for an entrepreneur?o The choice is determined solely by whether the primary business is services or goods.o The choice is determined by the Internal Revenue Service based on all the facts and circumstances.o The choice takes into account many factors, including finding an option that has all the characteristics desired.o The choice is determined solely by the amount of capital invested. Which of the following is true in the creation of a general partnership?o The name selected cannot indicate that it is a corporation.o The business name cannot be a fictitious name.o The business name must have the names of all the partners.o The business cannot operate under a trade name. George has served Mary with a complaint alleging breach of contract. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that sheo answer Georges complaint but do not provide any affirmative defenses that George can use against hero write a letter to the judge saying that George is mistakeno should not respond to Georges complaint as an answer implies an admissiono answer Georges complaint by admitting or denying the allegations George has asserted against her There are two general partners, each of whom contributes $5,000 in capital to a limited partnership.
Our website has a team of professional writers who can help you write any of your homework. They will write your papers from scratch. We also have a team of editors just to make sure all papers are of HIGH QUALITY & PLAGIARISM FREE. To make an Order you only need to click Ask A Question and we will direct you to our Order Page at WriteDemy. Then fill Our Order Form with all your assignment instructions. Select your deadline and pay for your paper. You will get it few hours before your set deadline.
Fill in all the assignment paper details that are required in the order form with the standard information being the page count, deadline, academic level and type of paper. It is advisable to have this information at hand so that you can quickly fill in the necessary information needed in the form for the essay writer to be immediately assigned to your writing project. Make payment for the custom essay order to enable us to assign a suitable writer to your order. Payments are made through Paypal on a secured billing page. Finally, sit back and relax.
About Writedemy
We are a professional paper writing website. If you have searched a question and bumped into our website just know you are in the right place to get help in your coursework. We offer HIGH QUALITY & PLAGIARISM FREE Papers.
How It Works
To make an Order you only need to click on “Order Now” and we will direct you to our Order Page. Fill Our Order Form with all your assignment instructions. Select your deadline and pay for your paper. You will get it few hours before your set deadline.
Are there Discounts?
All new clients are eligible for 20% off in their first Order. Our payment method is safe and secure.