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Mr. Gregory White
Mr. Gregory White, Master's Degree
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Experience:  M.A., M.S. Education / Educational Administration
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14) Which of the following is a false statement? 
 a. The

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14) Which of the following is a false statement? 

a. The U.S. Constitution expressly states that Congress has the power to regulate interstate commerce.

b. When state regulations in the U.S. impinge on interstate commerce, commerce must yield to the state regulations, no matter how heavy the burden placed on the commerce since states possess sovereignty within their borders.

c.When there is a direct conflict between a federal and state law in the U.S., the state law is rendered invalid.

d.Some federal constitution protections in the U.S. apply to business entities such as corporations.
15) Which of the following is a false statement? 

a. A voidable contract is a valid contract that can still be avoided by at least one of the parties to it.
b. A quasi-contract has no legal efficacy since it is a “pretend” contract.
c. Pursuant to the common law “mirror-image” rule, an offer must be accepted in its entirety without modification or conditions or else no contract can be formed.
d. An advertisement is generally not treated as an offer to enter into a contract pursuant to U.S. law.

16) Regarding sexual harassment claims filed by an employer against his or her employer: 

a. Companies are absolutely liable for all sexual harassment claims since sexual harassment is a serious legal and moral wrong.
b. Companies are absolutely liable for sexual harassment inflicted by a manager or supervisor against a subordinate employee who suffers a tangible job loss or harm.
c. Companies are not liable for sexual harassment claims unless they actually knew of the sexual harassment and condoned it.
d. Companies are never liable for sexual harassment claims since the meaning of a "hostile" or "offensive" sexual work environment is too vague and subjective to impose legal liability.

17) The doctrine which is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class which includes the plaintiff is: 

. . . Negligence per se.
. . . Res ipsa loquitur.
. . . Proximate cause statute.
. . . Concurrent statutory violation.

18) The bylaws of a corporation: 

a. Take precedence over the article of incorporation.

b. Must be filed in the appropriate state office.
c. Are not binding on the officers and directors of the corporation.

d. Govern the internal management of the corporation and typically would include the time and place of the annual shareholder’s meeting.

19) Which of the following statements is false? 
. .
Only the government may enforce antitrust law.
Private parties, including injured consumers, may enforce the antitrust laws.
The antitrust laws provide for both criminal and civil sanctions.
Successful anti-trust plaintiffs can recover three times their actual damages.

20) Which of the following is not one of the functions of the SEC? 
Adopting rules to further the functions or purposes of the securities laws.
Providing government-backed insurance to purchasers of all securities.
Investigating securities violations.
Bringing enforcement actions against suspected violators of securities laws.

21) Which of the following is a false statement? 
. .
a. The breach of duty element in the test for negligence liability in the U.S. is governed predominantly by the reasonable person standard.
b. The doctrine of res ipsa loquitur can apply if an event causing the harm normally does not occur in the absence of negligence.
c. A battery occurs only if the victim suffers actual serious physical harm, that is, the victim is “battered.”
One may be able to recover damages for emotional distress in a tort lawsuit for negligence.

22) What is true about a partner's right to participate in the management of the partnership? 

It exists only if the partner has been elected as an officer or management committee member.
It exists only if the partnership agreement gives the partner this right.
It exists automatically, but can be eliminated in the partnership agreement.
It exists automatically and cannot be eliminated in the partnership agreement.

23) Responsibility for the overall management of Beta, Inc., a corporation, is entrusted to
. . . the board of directors.
. . . the corporate officers and managers.
. . . the owners of the corporation.
. . . the promoters of the corporation.
Submitted: 2 years ago.
Category: Multiple Problems
Expert:  replied 2 years ago.

TeacherGreg : Thanks for requesting me.
TeacherGreg : Got them and will have for you by tomorrow before your stated deadlne
Mr. Gregory White, Master's Degree
Satisfied Customers: 4743
Experience: M.A., M.S. Education / Educational Administration
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Expert:  Mr. Gregory White replied 2 years ago.

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