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1)Which of the following is true? Because of the commerce

Customer Question
1)Which of the following is...
1)Which of the following is true?
Because of the commerce clause, states do not have any power to regulate commerce.
In order for the federal government to have power to regulate commerce, that commerce must actually cross state lines.
The states’ police power gives states the power to regulate intrastate and certain interstate business occurring within their borders.
Although a state cannot regulate interstate commerce within its borders, it has full power to prevent interstate business activities within its borders.

3)Which of the following is not true about international law?
There are multiple sources of international law.
The International Court of Justice has the final and complete authority in all international disputes.
There is no international executive branch to enforce international law.
In many instances, nations are not obligated to follow the international law as set out by international organizations.

4) Which of the following is true regarding contract validity?
A void contract is one where a party has the option to avoid her contractual liability.
A voidable contract is one in which a party may avoid his or her obligation under that contract.
A voidable contract is one that has no legal effect because one of the essential elements is missing.
An executory contract is also unenforceable.

5) B bets C on the outcome of the SuperBowl. Gambling on sports events is illegal in their state. This wagering agreement is
not enforceable unless there is an admission as to its existence
voidable by the losing party
valid if the bet was a fair one with proper “odds”
void.
6)A sues B in a state trial court for negligence. A loses the suit. If A wants to appeal, the most appropriate court in which to file the appeal is
the state appellate court.
the nearest federal district court.
the nearest federal court of appeals.
the United States Supreme Court.

7)The “mailbox rule” says that:
Offers and acceptances must be communicated through the mail in order to be effective.
Offers and acceptances are effective when placed in the mail.
A properly dispatched acceptance is effective when sent even if the offeror never receives it.
A revocation is effective when sent.

8) Tom is a minor who enters into a contract with Diane. All of the following are effective methods for Tom to ratify the contract EXCEPT
expressly ratifying the contract after Tom reaches the age of majority.
failing to disaffirm the contract within a reasonable time after Tom reaches the age of majority.
ratifying the contract before Tom reaches the age of majority.
impliedly ratifying the contract after Tom reaches the age of majority.

9) Which of the following is true regarding contracts?
A contract that is completely performed by all parties is called an executory contract.
A contract that has been completely performed by one party, but not the other, is called an executed contract.
A contract that has been performed by A but not by B is executory as to B and executed as to A.
Which of the following is true about the difference between express and implied warranties?

Express warranties apply to merchants and implied warranties apply to all sellers of goods.
Express warranties apply to merchants and implied warranties apply to nonmerchants.
Express warranties arise from conduct of the parties and implied warranties arise automatically by operation of law.
Implied warranties cannot be disclaimed, but express warranties can be disclaimed.
11) John files a breach of contract suit against Kay, and loses. John appeals, and loses again. The United States Supreme Court is

required to hear the case if John appeals again.
required to hear the case if John lost in a federal court.
required to hear the case if John lost in a state court.
not required to hear the case
12)Stare decisis” is the doctrine of:
Separation of powers so that decisions are not made by a single branch of government.
Following precedent so that legal principles in earlier similar cases are followed in later cases.
Constitutional principles applied when making any decision.
Spending long periods of time looking at facts before making a decision.

13) Which of the following is true about the Uniform Partnership Act?

It is a federal statute which covers all partnerships.
It is the statute which set up partnerships as pass-through entities for tax purposes.
It is a model statute which has been enacted by nearly all states as state law governing the formation and operation of partnerships.
It can apply only if there is no other statute or common law principle covering the applicable condition
14) The tort of assault and the tort of battery:

Are two names for the same tort.
Are strict liability torts.
Can occur independently or together.
Require proof of each of the separate elements of negligence
Submitted: 6 years ago.Category: Business Law
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Answered in 1 minute by:
12/5/2011
Business Lawyer: Ellen, Attorney replied 6 years ago
Ellen
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Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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WebLaw :

Hello,


Thank you for your question.

WebLaw :

I will post your answer in about 10 min.

Customer:

Thank You so much...

Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Customer reply replied 6 years ago
How i can see my answers??
Business Lawyer: Ellen, Attorney replied 6 years ago
Which of the following is true?

In order for the federal government to have power to regulate commerce, that commerce must actually cross state lines.


3)Which of the following is not true about international law?

The International Court of Justice has the final and complete authority in all international disputes.


4) Which of the following is true regarding contract validity?

A voidable contract is one in which a party may avoid his or her obligation under that contract.

5) B bets C on the outcome of the SuperBowl. Gambling on sports events is illegal in their state. This wagering agreement is

void.


6)A sues B in a state trial court for negligence. A loses the suit. If A wants to appeal, the most appropriate court in which to file the appeal is
the state appellate court.


7)The “mailbox rule” says that:

A revocation is effective when sent.

8) Tom is a minor who enters into a contract with Diane. All of the following are
ratifying the contract before Tom reaches the age of majority.


9) Which of the following is true regarding contracts?

A contract that has been performed by A but not by B is executory as to B and executed as to A.


Which of the following is true about the difference between express and implied warranties?


Express warranties arise from conduct of the parties and implied warranties arise automatically by operation of law.

11) John files a breach of contract suit against Kay, and loses. John appeals, and loses again. The United States Supreme Court is

not required to hear the case


12)Stare decisis” is the doctrine of:

Following precedent so that legal principles in earlier similar cases are followed in later cases.

13) Which of the following is true about the Uniform Partnership Act?

It is a model statute which has been enacted by nearly all states as state law governing the formation and operation of partnerships.


14) The tort of assault and the tort of battery:


Can occur independently or together.
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Customer reply replied 6 years ago
Thank you so much... What I have to do if I have more questions??
Business Lawyer: Ellen, Attorney replied 6 years ago
You may send your new questions directly to me. Please start the question with "For WebLaw" Please limit the number of questions in your future posts to 1-3 questions each post
Ask Your Own Business Law Question
Customer reply replied 6 years ago
15) In order to satisfy the Statute of Frauds sufficiency of writing requirement, generally a writing must:

Be a formal, written, sealed document.
Be any written memorandum containing the essential terms of the parties' agreement.
Be signed by the party against whom enforcement is sought.
B and C.
16)The U.S. Constitution takes precedence over
Answer
a provision in a state constitution or statute only.
a state supreme court decision only.
a state constitution, statute, and court decision.
none of the above.
17)Digital Company plans to consolidate with Software Corporation to form DS, Inc. This requires the approval of
Answer
neither their boards of directors nor their shareholders.
their boards and their shareholders.
their boards only.
their shareholders only.
18)Which of the following is true?
Answer
Voting trusts and voting agreements both require the transfer of stock certificates to a trustee.
In a voting trust, the shareholder grants the trustee the right to vote the shares, but in a voting agreement the shareholders vote their own shares.
Voting agreements, but not voting trusts, must be accompanied by proxies executed by the shareholders.
Voting trusts are irrevocable, while voting agreements can be either revocable or irrevocable.
Which of the following is true about punitive damages?
Answer
They are generally not available for breach of contract claims.
They are awarded only if consequential damages are also awarded.
They are awarded where specific performance is not available.
Their purpose is to give the nonbreaching party the benefit of the bargain.
19)A plaintiff in a fraud case must prove the following except:
Answer
Justifiable Reliance.
False statement of a material fact.
Intent to Deceive.
Discovery of the falsehood within a reasonable time.
20)An assignment of personal services is
Answer
Illegal
Generally permitted
Permitted with all the parties’ consent
Is never permitted
Business Lawyer: Ellen, Attorney replied 6 years ago
Thank you for the bonus. I appreciate it

You cannot continue in the same thread under site rules. Sorry about that. Start a new question and begin it with "For WebLaw"
Ask Your Own Business Law Question
Customer reply replied 6 years ago

I think I already did that... Can u answer the rest of the questions? or I have to send it to another attorney??
Business Lawyer: Ellen, Attorney replied 6 years ago
I can answer them all. For some reason they are showing up on this thread but I will go ahead and respond. please give me another 5 min.
Ask Your Own Business Law Question
Business Lawyer: Ellen, Attorney replied 6 years ago


15) In order to satisfy the Statute of Frauds sufficiency of writing requirement, generally a writing must:

B and C.


16)The U.S. Constitution takes precedence over
Answer
a provision in a state constitution or statute only.



17)Digital Company plans to consolidate with Software Corporation to form DS, Inc. This requires the approval of
Answer

their boards and their shareholders.


18)Which of the following is true?
Answer

In a voting trust, the shareholder grants the trustee the right to vote the shares, but in a voting agreement the shareholders vote their own shares.


Which of the following is true about punitive damages?
Answer
They are generally not available for breach of contract claims.


19)A plaintiff in a fraud case must prove the following except:
Answer

Discovery of the falsehood within a reasonable time.


20)An assignment of personal services is
Answer


Permitted with all the parties’ consent



I will be back on line in 20 min.. I will be available to answer any additional question you may have at that time

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Customer reply replied 6 years ago

I have 1question left... can u answer all of them??

21)Which of the following is a false statement?
Answer
The pre-existing rule of common law contracts allows a party, who is bound by a prior contract to perform a duty, to use that same duty as new consideration.
The parties to a contract can mutually rescind a contract.
Generally, a later promise to do what one already has a legal duty to do is legally insufficient consideration under the common law.
For an item to be classified as a "good" pursuant to the Uniform Commercial Code, it typically is tangible personal property.

22)Martha is a minority shareholder in the ABC Corporation. Which method of voting would give Martha the best chance to elect someone to the board of directors?
Answer
Cumulative.
Noncumulative.
Proxy.
Supermajority.

23)Which of the following is a false statement?

Answer
If a contract for the sale of goods does not include a price term, it nonetheless may still be enforceable pursuant to the Uniform Commercial Code.
If a contract for the sales of goods does not include the exact terms for payment, it normally will be unenforceable since it is impermissibly vague.
When an offer for the sale of goods does not specify a means of acceptance, the offer usually can be accepted by any manner reasonable under the circumstances.
A warranty is an assurance by the buyer to the seller that he or she will pay valid and good consideration for a product.

24)Under Article II of the UCC a seller may not

Withhold delivery
Seize the good back on his or her own
Stop delivery in transit
Sell the goods
25)Who is protected under the Age Discrimination in Employment Act?
Answer
All workers who are age 40 or over.
All workers of any age who are discriminated against because they are thought to be too old.
All workers who are in a job in which they were 40 years of age or over when hired.
Any worker who is replaced with a younger worker

26)The Parol Evidence Rule prohibits oral testimony that
Answer
Shows failure of consideration
Explains ambiguities
Shows fraud
Varies the terms of an existing and complete written contract
28)Which of the following is a false statement?
Answer
U.S. child labor laws provide that children aged 12-14 may engage in sales work outside school hours if their parents consent and if no heavy lifting is involved.
Both men and women can sue for sexual harassment in the United States.
Whistleblowing by employees in the private sector can now be a legally protected activity pursuant to some states' laws in the United States.
A deceptive advertisement is one that is either false or misleading pursuant to the U.S. Federal Trade Commission's legal standards.
29)In a general partnership, the partners own partnership property:
Answer
as joint tenants.
as tenants in partnership
tenants in common
according only to their shares of the partnership profits.

30)Which of the following is the most accurate statement?
Answer
A sole proprietorship is a separate legal entity for U.S. tax purposes and thus the entity must file its own tax return.
A franchise is an association of members comparable to a partnership organized to provide an information sharing exchange among the members about economic issues.
Franchisors that firmly set and fix the prices at which the franchisees can resell products or perform services may violate antitrust laws.
A franchisor can always establish an additional franchisee in a territory allotted to a franchisee if the franchisee agreement is silent as to exclusivity of the territory.

Business Lawyer: Ellen, Attorney replied 6 years ago
I cannot answer these questions on this thread. You need to open another thread otherwise I am not paid. I answered the last group as a courtesy but in order for me to be paid you need to open a new thread
Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

Ok Perfect.. Im going to open another thread. Thank you again...

 

pd: In the other thread you can answer the all questions? you already answer 22 I need have 19 left

Business Lawyer: Ellen, Attorney replied 6 years ago
certainly
Ask Your Own Business Law Question
Ask Ellen Your Own Question
Ellen
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Satisfied Customers: 36,715
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