ACCT 215 Unit 4

implied warranty of fitness for a particular use

Stanley wants to take his daughter fishing. Stanley visits a local retail store hoping to purchase fishing line for his fishing pole. Stanley enters the retail store and finds several spools of string in an aisle which contains fishing poles. Stanley purchases the line only to find out it won't work in his fishing pole. The line is actually not made for fishing poles but instead is made for use in knitting. Assuming no product defect, Stanley's best course of recovery against the merchant would be

In the Elish case,

The court found the car was not bailed property

water rights

The legal rights to use the water in a river, stream, or other body

collective barg

The process of good faith negotiation of wages, work hours, and work conditions for all members of labor bargaining unit (instead of each employee for herself)

unemployment compensation

Which of the following is a program operated by the federal government and states governments to provide certain short-term wage benefits to workers who have lost their jobs through no fault of their own?

an ownership interest in a motor vehicle

Which of the following is most likely to be considered an exempt asset under federal bankruptcy law?

A small value of tools of the trade

Which of the following would most likely be considered an exempt asset for purposes of bankruptcy?

fair labor standards act of 1938 (FLSA)

a covered employee is required to be paid the federal minimum wage of 7.25 per hour

riparian rights

a person who owns land that adjoins or butts up against the stream or lake. the right to use lake water or stream water is enjoyed by those with these rights

nexus

a substantial presence in a state

income is less than the state median income

abuse in a chapter 7 bankruptcy proceeding will not be presumed if the debtor's

express agency

an agency that is formed either through written agreement or an orgal agreement

emergency agency powers

arise when an emergency situation arises and an agent must act without actual authority

notify her bank immediately

assume monica loses her debt card. to avoid any liability from a purchase being made by an unauthorized user such as someone finding the debt card, Monica should

the accommodations are not a hardship

assume tammy is disabled. a potential employer must make reasonable accommodations for tammy if

voluntary petition

bankruptcy petition filed by an individual or business at their own option

debtor in possession

bethany files for bankruptcy. the court decides to allow bethany to continue to operate her business as opposed to installing a trustee. under federal bankruptcy law, bethany would be considered a

exempt property

certain property of the debtor is exempt from being used to pay creditors and is referred to as

testamentary gift

christopher receives a gift of land from his grandmother alice. the gift was left to christopher in alice's will. the gift of land to christopher through alice's will is considered a

chapter 11

circuit city, a corporation, filed for bankruptcy. it continued to operate as a buisness but needed assistance with revising its debt payments. a bankruptcy court created a repayment plan for circuit city. based upon these facts alone, circuit city likely filed bankruptcy under

real covenants

covenants that apply to real property

natural servitude doctrine

diverting the natural flow of surface water is a violation of which doctrine

involuntary petition

filed by creditors who are concerned the debtor may incur more debt and lose more assets if legal action is not taken to protect the debtor's assets

agency by ratification

formed when an agent acts without authority from a principal but the principal ratifies the action afterward

sex discrimination

gender discrimination

workers' union

group of workers who have organized for the purpose of representing their interest in workplace matters such as rates, benefits, and working conditions

respondeat superior

held masters strictly liable for the actions for the actions of their servants

non verbal

implied warranties have which of the following qualities

whether or not the employee actually has the disability

in a case of alleged discrimination against an employee with a disability under the americans wtih disabilities act, which of the following facts is irrelevant

financial statements of the debtor's parent

in a petition for a voluntary bankruptcy proceeding, what is not required to be included

remaining debts are discharged

in chapter 7 liquidation, what step comes after the trustee liquidates and distributed nonexempt assets

an injunction

in the case of ohio vs. kovacs, the court had to determine whether or not Mr. Kovacs owed a liability woards the state of ohio. at issue was

had engaged in fraud

in the vulcan metals co case, the court found that the defendant

telemarketer wishes to play a prerecorded message to a cell phone user

in which of the following situations would a consumer need to consent to a telemarketer's actions

disparate treatment

intentional discrimination

easement

interest in a land that allows the holder of easement to use the land even though they are not the owner

trade fixeture

item of personal property attached by a tenant who wishes to carry out a trade or business in a leased area

mislaid property

jackson is on his way to school when he places his bag on the ground next to the bench while waiting for the bus. he forgets the bag when boarding the bus. the bag would be referred to as

zoning

jamie buys a new home. under local city law, jamie is prohibited from building a second home on her parcel of land. this prohibition by the city is referred to be the textbook as

real property

land and everything permanently attached to the land

profane language

language that is grossly offensive and constitutes a nuisance to the general public

will

legal document that governs the distribution of property of a person upon their death

deed

legal instrument that allows the grantor to transfer an interest in real property to grantee

license

martha hosts a party at her house. she invites nelson. because of the invitation, nelson most likely has obtained a

bankruptcy

may terminate an agency relationship as well in certain circumstances if the agent's financial situation is to importance to the agency

convey

means a grantor transfers legal title to a grantee

disparate treatment

monica was recently fired from her job for being female. Her boss told her she was being replaced by a male employee because male employees do not take maternity leave. Based upon these facts alone, which of the following vocabulary terms best describes the type of discrimination faced by Monica?

naomi steals money from a customer and her employer had good reason to know she might do such a thing

naomi is an employee of radda company. for which of the following acts is radda company most likely legal liable

nathan can recover damages even if he was an at-will employee

nathan was recently hired to be an accountant. he was fired because his boss did not like nathan's religion. which of the following statements is true under federal employment law

bailment

occurs when a piece of property is possessed lawfully by someone other than the owner

agency by estoppel

occurs when a principal acts in a manner that leads a third party to reasonable believe an agency relationship exists

authority by ratification

occurs when a principal grants authority after the agent ha acted on her behalf without authority

prima facie

on first appearance and has the effect of creating a presumption the party has met their burden of porrf with the evidence provided

gratuitous agency relationship

one in which the agent is not compensated by the principal

fee simple

ownership interest is an estate of land that mayl ast perpetually. the owner of land can pass ownership to his or hers heirs (descendants)

life estate

ownership interest that will lapse at the time the owner dies

equitable title

ownership of property that provides benefits to the owner such as use of the property

limited partnerships

partnerships with one or more general partners and one or more limited partners

antinepotism

refusal to hire family members or spouses

reasonable accommodations

required to accommodate those who have a disability and those who may have a religious objection to a job duty or requirement

express warranty

samantha visits a hardware store. she purchases an electronic device which allows her to play music in her home. the device can also make phone calls on her cellular phone. it can also search the internet for her and give her answers. the hardware store does not sells any of these devices and only had this one on hand as part of a paint promotion. the salesperson told samantha to try it out and if she does not like it or has an issue with it, the store will gladly refund her money. based upon these facts alone, which of the following warranties is most likely to have arisen as part of samantha's purchase

endangered species

species that may face extinction

kleptomania

the ADA includes all of the following as protected disabillities, except

fraud

the clemens case held a buyer of a home as part of contract sale "as is" could still possible sue the seller for

whether or not the fixture was installed in a space leased to carry on a business

the major factor in determining whether or not a fixture is labeled a trade fixture is

principal

the one on whose behalf an agent acts

agent

the one who agrees to act on behalf of a principal and subject to the control of the principal

LLC

the owner of the following entity are referred to as "members"

bailor

true owner of the property

LLC

which of the following is formed by filing articles of organization

full disclosed principal

whom an agent discloses the existence and identify of to a third party

caveat emptor

"buyer beware" a seller does not have to disclose known facts about a product or service that might deter a buyer

Assume Kevin and Mike have started working together installing carpet and laminate flooring. They share profits from this venture 70/30. Mike only gets 30% of the profit because he does not have as much expertise as Kevin. Kevin and Mike have been advertising their business through social media. Neither Kevin nor Mike has limited liability. Based upon these facts alone, Mike and Kevin have

A general partnership

persuasive

According to the Discount Tobacco City & Lottery Case, the government cannot prohibit advertising that it finds

Use of trademarks and trade secrets

According to the textbook, which of the following is an advantage of the typical franchise agreement?

of the implied warranty of merchantability

Assume Bethany purchases a brand new television from a local electronics store without speaking to anyone . The television displays a picture but no sound. After several hours, Bethany concludes the television is incapable of producing sound as it should. She returns the television to the store where she purchased it. The store manager cannot get the television to produce sound either. Based upon these facts alone, the fact the television will not operate correctly would be grounds for claiming breach

business necessity

Assume PLC Accounting Firm requires all employees to obtain a CPA license as a condition of employment. This requirement unintentionally discriminates against members of a protected class. PLC Accounting Firm argues state law requires a CPA license to perform the type of work engaged in by its employees. Based upon these facts alone, which of the following defenses is PLC Accounting utilizing?

Assume Xentech is led to reasonably believe that Stanley is an agent for DF Inc. Xentech's belief arose because of the actions of DF Inc. However, DF Inc won't take responsibility. Assuming no actual agency existed between DF Inc and Stanley, Xentech's belief may be relevant information used by a court of law to impose

Agency by estoppel

disparate impact

An educational requirement as a prerequisite for employment that results in discrimination against a group of individuals, implicates the legal concept of

truestee

An official (usually a bank) who ensures that the bondholders' interest are protected and that the terms of the indenture are carried out. Also verifies that any covenants are not violated

Assume the sales agent of Distro Company makes a sale as part of a contract which is not within the scope of his express authority. The customer who contracted with the sales agent knew the agent did not have the authority to make the sale. Distro Company agrees to honor the contract after the fact as a one time courtesy for the customer. The action of honoring the contract would be referred to as creating

Authority by ratification

life estate

Emily's grandma wants to sell her house but doesn't want to move. under which type of agreement can she live there till she dies (rent free)

americans with disabilities act of 1990 (ADA)

Employers are prohibited from discriminating in employment-based decisions against someone with a disability. disability defined as a physical or mental impairment that substantially limits one or more major activities of an individual, where the impairment has been documented and the impairment is ongoing

disclosure statement

If answered untruthfully by the seller, may provide evidence of a misrepresentation

An employee commits negligence while performing her job duties

In which of the following situations would an employer most likely have legal liability for the actions of their employee?

15 year working relationship

James works for Brawnson Enterprises. James has worked for the company for 15 years. He brings his own tools to Brawnson each day he works. Brawnson pays him by the completed job. James works for other companies on a routine basis. Which of the previously listed facts point towards James being an employee as opposed to an independent contractor of Brawnson Enterprises?

Which of the following facts would support the conclusion that Kailee is an employee and not an independent contractor?

Kailee is paid a salary by the hiring firm

Food ingredients on labels in products sold in the United States must be disclosed upon the basis of the

Metric system and US Standard system

The case of Perpetual Real Estate Services v. Michaelson Properties, Inc involved the legal issue of

Piercing the corporate veil

jim, an independent contractor, acts in a negligent manner when completing a task assigned by Rita as part of his hiring

Rita is least likely to have liability for Jim in which of the following situations

Assume Ann and Kayla would like to start a consulting business. They have two main objectives in regards to their business entity choice, they want to minimize taxation and personal liability. Based upon these facts alone, which of the following is the best choice for Ann and Kayla?

S corporation

wage paid to workers who manufactured the product

US food and packaging laws don't require disclosure of

A debtor must make all payments required under the court ordered repayment plan

Which of the following statements is true about chapter 13 bankruptcy protection?

non profit

a business entity that does not intend to make a profit, as it sends its revenues and other sources of income on its designated programs

contract carrier

a carrier who routinely transports property or persons for a select group of customers

nutrition content claim

a claim that directly or indirectly states a food product has a certain characteristic

the right to have a recent bankruptcy hidden from their credit report

a consumer has all of the following rights under federal law, except:

franchise

a contract that allows one business entity to enjoy benefits such as advertising, access to products, and use of trademarks and trade names provided by another business entity

professional service cooperation

a corporation form required by state law for certain professionals such as doctors, lawyers, and accountants

s corporation

a corporation that was formed under state law like a C corporation but that makes an election under subchapter S of the internal revenue code. the S corporation provides the same limited liability protection as a C corporation but is allowed flow-through tax treatment like a partnership

vicarious liability

a court may impose liability on an individual who did not commit the act that caused injury but who has a special relationship with the person who did commit the act that caused injury

secured creditor

a creditor which has a security interested

unsecured debt

a debt for which the creditor did not obtain a security interest. EX: credit card loan

debtor-in-possession

a debtor who is operating under chapter 11 plan is called a ... and continues to operate the business

bona fide occupational qualification

a defense that employers can raise by proving their discriminatory policy is necessary to the normal operation of a business

fiduciary duty

a duty that requires one party to act in the best interest of another party

US department of labor

a federal agency tasked with helping promote the welfare of workers in the United States both while employed and after they leave employment

may last perpetually

a fee simple ownership interest is an interest in land that

petition

a formal request

gift inter vivos

a gift made during the lifetime of the donor

testamentary gift

a gift property made through a will

absolute ownership

a landowner can use as much percoalting water as they want for whatever use

common enemy doctrine

a landowner could use any means possible to diverty surface water from their property

cease and desist order

a legal order issued by an administrative agency and has the effect of an injunctive order stating to stop engaging in certain conduct

general partnership

a partnership that does not provide limited liability to any of its members

creditor

a party to whom money is owed

debtor

a party who owes money to another

fraudulent transfer

a payment of cash or transfer of assets made within two years of the filing of the petition for less than adequate considerate is presumed to be

equal credit opportunity act of 1974

a person cannot be denied credit based on their race, religion, national origin, color, gender, marital status, age or dependence on public assistance

secondary boycott

a practice by union employees who threaten adverse actions such as a strike or a refusal to work with a second company that does not have a dispute with the union

covenant

a promise to do something or refrain from doing something with one's property

chapter 13

a publicly traded partnership would be prohibited from filing for bankruptcy protection under

union membership after a short period of time

a right to work law is a state law meant to prevent an employer from requiring

Limited liability company (LLC)

a separate legal entity that provides limited liability protection to its owners like a corporation while preserving pass-through taxation similar to that of a partnership

value added tax (VAT)

a tax assessed against the value added by a manufacturer or a distributor

use tax

a tax on goods purchased that is required to be remitted by the buyer

fraud

a tort that requires a plaintiff to prove (1) the defendant intentionally made a false representation of a material fact (2) the defendant knew the representation was false, (3) the defendant intended to either induce the plaintiff into acting or refrain from acting and (4) the plaintiff was justified in relying on the misrepresentation

chapter 13

according to our class lecture, which of the following chapters of the federal bankruptcy code is considered to be the least complicated and least expensive chapter which an individual debtor can file

business necessity

according to the reading, which of the following may allow a potential employer to engage in what would be unlawful unintentional discrimination against a job applicant by imposing a requirement such as obtaining a certain college degree

counter advertising

according to the textbook, advertising refuting, clarifying, or correcting previously released content is referred to as the legal concept of

residency status

according to the textbook, which of the following is not a protected class for employment purposes under the civil rights act of 1964

best time of day to eat

according to the textbook, which of the following is not required to be disclosed on a food product label

counter advertising

advertising refuting, clarifying or correcting the content in potentially deceptive advertising

unfair advertising

advertising that causes or is likely to cause substantial consumer injury that cannot be avoided and is not outweighed by the benefits it products

deceptive advertising

advertising that states or omits a fact that makes the advertising misleading about a material fact to the reasonable consumer

subagent

agent of an agent authorized by the principal to perform acts as part of the agency agreement

lowest rate of competitors

all of the following must be disclosed by a financial institution, except:

limited liability limited partnerships

all partners in the limited liability limited partnership receive limited liability protection

joint liability

all partners share liability but any one partner can be required to pay the full amount of debt

personal property

all property that is not real property. generally movable

at-will employment

allows an employer to terminate an employment relationship without providing a cause to the employee and without legal liability as a general rule

optional sales tax

an additional amount of sales tax imposed in conjunction with a state sales tax that the taxing jurisdiction elects to impose

deceptive advertising

an advertisement that states untrue information about the company's own product is most likely considered

duty of care

an agent must exercise reasonable care when representing the principal

general agent

an agent who has the authority to provide all the business services a principal would need for a gien purpose or at a given location

special agent

an agent who is authorized by the principal to perform a specific undertaking

closed shop

an employer's requirement that an employee be a member of a union before being hired

puffery

an exaggerated, puffed or outlandish claim about a product that a normal person would believe not to be an accurate factual representation or difficult to prove as true

variance

an exception granted to a landowner by the municipality

federal communication commission (FCC)

an indeendent federal governemt agency, governs communication made through television, radio and telephone industries when such communications begine or end in the US

Federal Trade Commission (FTC)

an independent federal government agency that was created in 1914 under the federal trade commission act. primary purpose: further fair trade practices

a vacation home

an interest in which of the following is least likely considered exempt property for purposes of federal bankruptcy law

tenancy by the entirety

an ownership interest held by a husband and wife as one person

joint tenancy with right of survivorship

an ownership interest where two or more persons own an undivided interest in property

debt collector

anyone who routinely collects debts that are owed to another party

implied agency

arises from facts and circumstances that result in the parties beliving an agency has be formed

quitclaim deed

assume First Bank of the North recently foreclosed on a home. amy is interested in buying the home from First Bank as an investment. First Bank is only willing to convey to amy their interest in the home and land on which it sits. first Bank is not wiling to make any promises to AMy about the land or the house. In order to minimize liability from the conveyance, first bank should consider using which of the following deeds

independent contractor

assume Mindy contracts with Sue. Mindy is least likely to create liability for Sue if Mindy is classifed as a

bailment

assume danica visits a local rental car store and rents a car to drive on vacation. according to the textbook, the fact that danica has possession and control of the car makes this a

secured creditor

assume first bank has a security interest in collateral arising out of debt arrangement with fasttimes corporation. based upon these facts alone, first bank would be considered a

a secured creditor

assume first national bank requires charter construction company to provide a security interest in exchange for financing of a new piece of construction equipment. based upon this information, first national bank is

disclose material defects which are concealed

assume henry is considering selling his motorcycle as is. based upon the reading in the textbook, to avoid legal liability from defects, Henry should

tenancy by the entirety

assume jack and jill purchase a home after they are married. under the common law (and some states today) the fact that jack and jill are married would create a

a sink

assume jennifer is selling her house. which of the following would most likely be considered a fixture for purposes of property law

FCC

assume meta corp produces an advertisement which it hopes to air on the public airwaves. the agency likely to have jurisdiction over the radio stations playing the advertisement would be the

tenancy for years

assume michelle has a lease for a dwelling house which starts on january 1 and ends on may 31st. michelle's lease will not automatically renew. the textbook refers to michelle's interest as a

fraudulent transfer

assume natalie gives her sister a valuable antique because natalie is about to file bankruptcy and does not want to lose the property. natalie does not owe her sister any money. according to the textbook, which of the following terms should be used to describe this situation

warranty deed

assume nathan sells hims home to daniel providing daniel a deed containing the promise that no other will claim to have an ownership interest in the home. based upon these facts alone, it appears nathan has provided a

a hostile work environment

assume randy cannot tolerate his work environment any more because of the constant harassment he faces regarding his religion. based upon these facts alone, it appears randy is facing

hostile

assume randy wants to adversely possess christine's vacation home. randy moves into the vacation home and starts living in it without christine's permission or knowledge. he even has his mail delivered to the home. under the law of adverse possession, the fact randy does not have christine's permission, makes his use

s corporation

assume sally is a very successful plastic surgeon. she hires two doctors who have recently graduated from medical school to work for her. she also employs 12 nurses. assuming her business is extremely profitable and lawsuits are a large liability, sally should choose an

order the company to engage in counter advertising

assume tiffany believes she has been defrauded by a seller of home appliances. which of the following is not a legal option available to tiffany

lost property

assume time is running in the woods one day when he finds a valuable diamond ring along side a trail. assuming the owner of the diamond ring had not intentionally placed the diamond ring on the side of the trail, according to the textbook, the diamond ring would be considered

gift causa mortis

assume warren is contemplating death. warran was recently admitted to a hospital and the doctors told him he might only have days to live. in completion of death, warran gives his prized dog to his grandaughter melanie as a gift. according to the textbook, this gift would be referred to as a

express authority

authority that was give in written or verbal form

rule of captured

awards ownership to the first person who captures property and is most commonly applied to natural resources in the US

implied warranty of merchantability

bill decides to sell a gift he got from his mother. The fit was a brand-new camera. bill has not opened the box. bill's profession is that of a cab driver. rita purchases the camera from Bill. which of the following warranties could not apply in this stiuation

title

bundle of rights enjoyed by the owner of property

partnership

business entity formed by two or more persons who engage in a profit seeking activity and share the profit and loss of such actiivty.

sole proprietorship

business that has no separate legal existence from its single owner

family medical leave act of 1933

businesses employing 50 or more employees in a seventy-five mile radius must offer up to 12 weeks of unpaid leave during a calendar year for certain absences

common carrier

carrier who agrees to carry property or persons for anyone who requests

private carrier

carrier who selects its customers and often does not have any customers at all

secured

chad visits a local bank in hopes of borrowing money to purchase an automobile. the bank tells chad they will take a security interest in his car. the fact that the car will act as collateral results in the loan being

telemarketing

common form of direct marketing and involves the use of a phone or similar electronic device to make a sale of a product or service

fair and accurate credit transactions act of 2003

consumers are allowed to alert the credit rating agencies when they believe the have become the victim of identity theft

fair credit reporting act of 1970

consumers have the following rights (1) to request information maintained in their personal file by a credit-reporting agency, (2) to be notified if a creditor has used credit score against the consumer, (3) to contest inaccurate information contained in a credit score report, (4) to request a copy of their personal credit report, (5) to have negative credit actions removed after 7 years (or ten years if a bankruptcy was involved)

business necessity

cyride can lawfully defend their requirement of drivers needing a high school education by proving a

no, dave has most likely engaged in puffery

dave works at a sporting goods store. dave tells joe that the bass master 3000 is the best lure he has used in 20 years. joe believes him. if the bass master 3000 does not live up to the hype, can dave's claim be considered misrepresentation

sending a statement to a debtor's home showing the amount owed

debt collection agencies are prohibited from doing all of the following ,except

discharged

debtors are ... of unpaid liabilities that are allowed to be discharged under the bankruptcy code

business necessity

defense allowed by courts in regard to a claim of disparate-impact discrimination

technical defenses

defenses that an employer may raise in regard to a lawsuit regarding discrimination

derrick will have ownership of the ring if aimee intended to abandon it

derrick is walking in the park one day when he finds a diamond ring laying in the grass. the diamond ring was thrown into the grassy area by aimee who had broken up with her fiance hours earlier. aimee had broken up with her fiance when she found out he did not want to have a dog after they got married. based upon these facts alone, which of the following statements is true under the common law

food and drug administration (FDA)

division of the US department of health and human services. responsible for regulating food products, cosmetics, drugs such as vaccines, and medical devices

union shop

does not require union membership before an employee can be hired but it does require the employe eventually join the situation

elaine's property

elaine visits george's apartment. the two have dinner and then elaine leaves. upon returning home she realizes she left her purse hanging on the coat rack at george's apartment. she had placed it on the coat rack upon arriving at george's house. the purse is most likely considered

consolidated omnibus reconciliation act of 1985 (COBRA)

employees of federal, state or local government agencies or businesses with 20 or more employees are eligible to receive benefits from an employer-sponsored health insurance plan after qualifying change in employment event

age discrimination in employment act of 1967

employers are prohibited from discriminating against employees because of their age if the employee is forty years or older

color

encompassing a person's skin pigmentation or the general shade of their complexion

apparent authority

exists when a principal leads a third party to reasonably believe an agent possesses authority to perform an action or actions on behalf of the principal

tenancy in common

exists when multiple owners own a distinct share of undivided interest in property.

real property

farmland would be considered

adequate protection

first national bank advanced over 100,000 dollars to BBQ fast restaurant. BBQ fast restaurant has now filed chapter 11 bankruptcy. in order to protect its financial interest during the bankruptcy proceedings, first national bank should seek protection under the doctrine of

periodic tenancy

fixed period of time but it automatically renews until either the landlord or tenant gives notice of their intent to quit the lease

title insurance

form of an insurance policy that provides insurance protection in regards to whether the buyer is taking good title

trust

form of ownership, applicable to both real and personal property, where the trustee holds legal title to the property for the benefit of beneficiaries who enjoy equitable rights

the recipe for creating the products

gelton manufacturing creates food products at its only location in lansing, michigan. considering legal principles, as well as business management principles, gelton should disclose all of the following on its food package label, except

gift causa mortis

given by a donor who believes death is imminent

leasehold estate

gives a tenant the right to possess an estate for a period of time, such as one year, or until the tenant and landlord desire it to end

quid pro quo

harassment means an employment decision is based on a protected class being subject to offensive behavior as a condition of employment

hostile work environment

harassment occurs when a workplace becomes hostile because of an employee's membership in a protected class and the reasonable person would find the workplace intimidating

equal dignity rule

holds that if an agent will be entering into contracts on behalf of the principal, which must be in writing under the statute of frauds, the agent's authority as granted by the principal must be in writing

$500

if a consumer notifies a bank within 2-60 business days after unauthorized electronic transfers, the consumer may be liable for up to

adverse possession

if a party does not sue another for possessing their real property within a required period of time, the original owner loses their ability to protect their property interest

had a "debt" that could be discharged

in the case of ohio vs. kovacs, the court had to decide whether or not Mr. Kovacs had

moved across the country to work as a chemist

in the case of torosyan vs. boehringer ingelheim pharmaceuticals, Mr. torosyan

Ms. Vande Zande's demand to work from home was not a reasonable accommodation

in the case of vande zande v. wisconsin, the court held

an "as is" clause did not prevent recovery by a plaintiff regarding hidden defects

in the clemens case, the court found

david continually tells gina he would like to sleep with her. gina tells her human resource department and they do nothing to stop the situation. gina then quits after david continues to proposition her. Gina works in a different department than david

in which of the following situations would an employer most likely be liable for sexual harassment

julie is being fired for being female

in which of the following would a court most likely find unlawful disparate treatment

cease and desist

informs a party they are engaging in unlawful behavior and must immediately stop such actions

riparian rights doctrine

jennifer lives by a lake. the fact that jennifer's property line ends in the lake gives jennifer the right to use the lake. the fact jennifer can use the lake since her property is located right next to the lake is referred to as the

testamentary gift

jerry leaves his son mitchell his personal home as a part of his will. this type of gift is referred to as a

title opinion

juanita wants to buy a home. as part of the proposed purchase, juanita hires an attorney named david to review the ownership history of the property. david provides a written document detailing his findings. this document is most likely to be referred to as a

implied authority to take delivery of the package existed

kayla asks jan to watch her children while she is at work. while watching kayla's kids at kayla's house, a delivery person knocks on the door of Kayla's house with a package. jan signs for the package and takes it. kayla had not said anything about a package being delivered. jan then steals the package and its contents. the company who sent the package would argue that kayla has liability for the package and its contents because

indecent material

less offensive than obscene material and is not allowed to be aired on tv or radio during times when children might be exposed (6am-10pm)

civil rights act of 1964

makes in unlawful for an employer to discriminate against an existing employee or job applicant based on their race, color, national origin, sex or religion

genetic information nondiscrimination act of 2008

makes it unlawful for an employer to discriminate in employment-related decisions if the discrimination is based on a person's genetic information or a family member's genetic information

warranty deed

makes the promise the seller has good title free from lien or ownership claims by another party

special warranty

makes the same covenants as a general warranty deed but limits the covenants to the time period during which the seller owned the property

prior appropriation

mandy recently purchased a home in a state ripe with granola. she is hoping to create he own water source to support her granola farm. she digs a well. assume her state grants the first person who accesses percolating water a superior right as to those who accesses it later. this rule is most likely the rule of

marissa is not an at-will employee and can only be fired for cause

marissa was told when she was hired that she would only be let go (fired) for one of two reasons. 1) customer demand was insufficient to support her job. 2) Marissa received an unsatisfactory employee evaluation at year-end. which of the following statements is true

implied warranties

nonverbal or non-written assertions about a product or a service at the time they are sold.

independent contractor

not an employee because does not work under the direct control or supervision of the hiring person but is instead hired to perform a task or complete a project

constructive discharge

occurs when an employee quits their job becasue their work place was a hostile work environment

employee

one who provides services for another

partially disclosed principal

one whom the agent does not disclose the identity of to the third party but does inform the third party the agent is acting on behalf of a principal

undisclosed principal

one whom the agent does not make known to a third party in a manner that results in the third party believing they are contracting with the agent

1.5

overtime pay guarantees at least ... times the normal hourly wage

preferential transfers

payments of cash or a transfer of assets in payment of a preexisting debt that favors one creditor over another by providing the creditor more than they would have received under the bankruptcy code

adequate protection payments

payments that a lender might receive in order to protect them from loss in value due to depreciation of a product between the time a bankruptcy is filed and the time a plan that provides for payment to lender is confirmed

donor

person giving a gift to a recipient

donee

person receiving the gift

grantor

person transferring an interest in real property

bailee

person who rightfully possesses the property

fixture

piece of personal property that has been attached to real property in such a manner that a personal property becomes a party of the real property

rule against perpetuities

prevents an owner from devising a property ownership interest that may or may not vest within twnty-one years after the owner's death

automatic stay

prevents creditors from taking any collection action such as repossessions of cars and foreclosures on houses

an unintentional tort while acting at the direction of the principal

principals are most likely to have liability for an agent when the agent commits

direct marketing

process by which marketing is made directly to a consumer

mobile marketing

process by which sellers market to a consumer through a mobile device such as a cell phone.

eminent domain

process by which the government confiscates the real property of a landowner for public purpose and provides just compensation in return

equal pay act of 1963

prohibits a company from providing unequal pay between men and women performing substantially the same job function

quitclaim deed

promises and warrants nothing besides the fact the seller is giving their interest in said property to the buyer

devise

property means to transfer ownership by use of a will

abandoned property

property that an owner intentionally leaves or discards

mislaid property

property that was intentionally placed but subsequently forgotten by the person who placed the property

lost property

property that was unintentionally lost, which means the owner accidentally lost possession of the object and did not misplace the property

an automatic stay

randolph manufacturing was recently contacted by a debt collection agency after filing for bankruptcy protection under chapter 7. The action of the debt collection agency is inappropriate under the concept of

affordable care act of 2010

requires employers to withhold an additional .9 percent medicare tax on individuals who earned more than 200,000.

gift

requires no consideration

implied warranty of habitability

requires the landlord to keep the premises fit for habitation both before and after a tenant takes possession

disparate impact

requiring job applicant to be at least six feet tall when most women are not six feet tall may result in

FMLA

rick's son is badly injured in an accidnet. rick would like to take time-off from his job to take care of his sone while he recovers. rick would like to keep his job. which of the following laws would be applicable to Rick's situation

corporation

separate legal entity that provides limited liability to its owners who are called stockholders

debt workout

some creditors may prefer to settle their claims for payment through a private negotiation with the debtor through a process generally referred to as a

priority unsecured creditors

some unsecured creditors are given priority over other unsecured creditors under bankruptcy law

innkeeper

someone that is responsible for any damages to property of guests unless the goods were damages by (1) an act of god, (2) an enemy of the government (3) the bailor's actions (4) the goods themselves

merchant

someone who routinely sells goods of this nature or holds himself out as having specific knowledge or skill related to the product

the right to his job back after he participates in a strike

stanley wants to form a worker's union at his company. which of the following is not a right enjoyed by stanley

sales tax

tax levied on the gross price of a sale of a good or service

tenancy for years

tenancy that ends after a certain date

medicare

term used to refer to a government health insurance program offered to qualified individuals. generally have to be 65 years or older

social security

term used to refer to a wage supplement paid to eligible individuals who have paid social security tax

harvesting of email addresses

the CAN-SPAM act prohibits which of the following

rates of hiring

the EEOC may look at this to determine if a job applicant requirement or another employment qualification is discriminatory in effect

duty to abide by orders

the agent has the duty of abiding by a principal's instructions

duty of loyalty

the agent must be loyal to his principals. the agent cannot represent two principals if the principals are engaged in competition.

duty of notification

the agent must notify the principal of matters important to the principal

implied warranty of merchantability

the assertion by the selling merchant that a consumer product is fit for its general purpose and contains no defect

collateral

the assets that a creditor holds a security interest in

a farmer gaining land through adverse possession

the case of stewart vs. judy resulted in

Independent contractor

the cassano case involved an issue regarding liability of an

adequate protection doctrine

the court may require the debtor to make certain payments to its secured creditors in an attempt to protect the creditor's interest while the creditor is subject to the automatic stay

unsecured creditor

the creditor which does not have a security interest

estate

the debtor's property is referred to by the court as the bankruptcy

proof of claim

the document submitted by the creditors to verify their claim

federal unemployment tax act of 1935

the federal government provides unemployment compensation through state-run programs

prior appropriation rights doctrine

the first person to use a water source has a greater priority than a subsequent user

implied warranty of fitness for a particular use

the implied promise a consumer good will achieve a particular purpose or perform a specific function

natural servitude doctrine

the landowner is considered to be a servant of surface water and cannot change the natural flow of the water by building a dam to push water backward or by building a drainage mechanism that would hasten the flow of the water to other property owners

correlative rights doctrine

the owner of thel and overlaying percolating water is considered to be a joint owner with other property owners whose property overlays the percolating water

absolute ownership

the ownership of personal property and the ownership interest will last perpetually

legal title

the ownership of property that is granted by the government and respected by a court

grantee

the person to whom the ownership interest in real property is being transferred

testator

the person who creates a will

whistle-blower

the person who notifies proper authorities of a violation of law by a company or its employees

implied authority

the principal actually gives authority to the agent before the agent acts on her behalf

cooperation

the principal cannot interfere with the agent's completion of required duties

reimbursement

the principal must provide reimbursement for expenses incurred by the agent on behalf of the principal

zoning

the process by which municipalities divide their geographic locations and limit the permissable uses by landowners for their property

reaffirmation

the process by which the debtor agrees to the non discharge of debts that would normally be discharged

license

the right to onto another's land

21

the rule against perpetuities prevents a person from devising property unless its vests within how many years

truth in advertising rule

the rules that advertising cannot be deceptive, unfair or contain clains unsupported by sufficient evidence

buyer beware

the term caveat emptor means

license

the textbooks uses the right of a delivery driver to deliver packages on one's real property as an example of

reasonable use standard

the water can be used only to benefit the property where the water source s located and the use must be reasonable

percolating water

the water that exists underneath the surface of land

national origin

those who are born in a certain nation or descendants of someone who was born in a certain nation

tiffany is fired for being a certain religion

tiffany is an at-will employee. in which of the following scenarios will Tiffany's employer face legal liability for terminating tiffany

special warranty deed

tiffany purchases a foreclosed home. the previous owner did not make required payments to their bank. the bank then took the home from the previous owner. tiffany then purchased the home from the bank. five years later, tiffany decides to sell her home. tiffany is worried about making warranties regarding ownership for the timeb efore she purchased the home. however, the buyer wants at least some type of warranty. tiffany might most benefit from the concept of a

fines due to the federal government

time has several debts. which of the following of Tim's debts is least likely to be eligible for discharge as part of a chapter 7 bankruptcy proceeding

vest

to achieve the requirements from non-forfeiture of an employment benefit

title opinion

traces the record of ownership as far back in time as possible

discrimination

treating applicants differently from others in regard to work-related matters because the employeee or job applicant belongs to a protected class

fire an employee for attempting to form a workers' union

under federal law, an employer cannot

blogger

under state law, which of the following is least likely to have to obtain a state issued licensed before they can advertise their services

years product has been produced

under the nutrition labeling and education act of 1990, a food product label must disclose all of the following except

sales tax

unless a product is exempted by law, states such as iowa require the seller of a product to collect a

COBRA

virgina recently quit her job becasue she did not enjoy the work or the long commute that her job required her to make. virginia was never discrimated against or physically hurt on the job. based upon these facts alone, virginia might benefit from

surface water

water that has no natural stream or way of passage

debtor in possession

when a debtor continues to operate her business as part of a chapter 11 bankruptcy, the debtor is referred to as a

collect assets of debtor to redistribute

when filing for bankruptcy, what role does a trustee play

secured debt

where in addition to suing on the borrower's promise to pay, in the event of default, the lender can also take possession of specified collateral because the creditor has a security interest in those assets

trade fixtures

where the trade fixture remains the property of the tenant unless agreed upon otherwise

chapter 7

which chapter of the bankruptcy code liquidates an individual debtor's assets as its primary goal

special agent

which of the following agents is hired by a principal to perform a specific and limited undertaking

individuals may need debt relief to become a productive member of society

which of the following arguments for allowing bankruptcy as a form of debt relief

bailment for the sole benefit of the bailee

which of the following bailments creates the highest duty of care for the bailee

workers' compensation benefits

which of the following benefits is provided by a privately funded insurance policy as opposed to a government tax fund

a piece of personal property that has been attached to real property in such a manner that the personal property becomes a part of the real property

which of the following best describes a fixture

corporation without an S election

which of the following business entities provides for limited liability for all owners but does not provide flow-through taxation

in re johnson

which of the following cases arose because of a dispute regarding which collateral the creditor had security in

credit card debt

which of the following debts is most likely to be discharged as a part of a bankruptcy proceeding

student loan debt

which of the following debts would be least likely to be discharged as part of a chapter 7 bankruptcy proceeding

unfair advertisement

which of the following does the textbook define as causing or likely to cause substantial consumer injury that is not outweighed by its benefits

tenancy by the entirety

which of the following forms of ownership requires a married couple jointly own real property

automatic stay

which of the following generally happens before the others as part of a federal bankruptcy proceeding

non-profit

which of the following is a designation given to a busniess entity by the internal reenue service as opposed to a state's secretary of state

medicare

which of the following is a government run medical insurance program designed to primarily serve those aged 65 or older

social security

which of the following is a government sponsored program which provides workers with a wage supplement when they retire

return of the bailed goods at the end of the bailment

which of the following is a legal duty of a bailee

medicare

which of the following is a program created by the federal government to provide health insurance to those age 65 and older

unemployment compensation

which of the following is a program for workers who are let go for no fault of their own and is sponsored by both the federal government and the state government

strike

which of the following is a term used to describe the process by which workers voluntarily leave their job in order to help their union gain an advantage in negotiation with their employer

refusing to pay overtime to eligible workers who worked overtime

which of the following is an act prohibited by the fair labor standards act

paying amy more than jim because amy has a harder job

which of the following is lawful under federal law

too much household income

which of the following is likely to prohibit jon from filing chapter 7 bankruptcy

increased competition from other franchisees

which of the following is not a advantage of a franchise agreement

proof of substantial medical expenses related to the impairment

which of the following is not a requirement for a person to prove they suffer from a protected disability under the americans with disabilities act of 1990

secretive possession

which of the following is not a requirement for proving ownership through the legal concept of adverse possession

average wage of worker

which of the following is not required under the telemarketing sales rule of 1995?

all of these would create a liability for the employer (employee is fired for being in a protected class, employee is fired for being a whistleblower, employee is fired but can prove they were part of an implied-in-fact contract

which of the following is provided by the textbook as a reason an employer may face liability for firing an at-will employee

chapter 13

which of the following is supposed to be the most affordable reorganization chapter of the bankruptcy code for an individual

it is irrevocable once completed

which of the following is true regarding a gift inter vivos

corporations may file under chapter 7

which of the following is true regarding chapter 7 bankruptcy filings

prior appropriation

which of the following legal rules regarding usage of water provides superior ownership rights to the first person to access a source of water

alex, a debtor

which of the following parties can file a chapter 13 bankruptcy proceeding petition?

trustee

which of the following parties has the power to set aside a preferential transfer made by a debtor seeking bankruptcy protection under chapter 11

indepdent contractor

which of the following parties is least likely to create liability for a hiring firm and/or principal

janitorial services

which of the following professions generally does not require state licensure before providing services

workers' compensation

which of the following programs workers with injury related payments in the even they are injured on the job

chapter 7 bankruptcy proceedings

which of the following results in a liquidation of assets and discharge of debts as opposed to a repayment or reorganization of debts

jennifer constantly asks ted why he believes in his religious beliefs and mocks him

which of the following scenarios is most likely to result in a hostile work environment

employers cannot test employees for illegal drug use

which of the following statements is not true

once a debt is reported to a credit agency as unpaid it cannot be removed

which of the following statements is not true

a business necessity defense is an applicable defense to a claim of disparate-impact

which of the following statements is true

adverse possession requires the use to be exclusive and actual

which of the following statements is true regarding adverse possession

an employee can be let-go at anytime

which of the following statements is true regarding at-will employment agreements

if you don't pay your debt, I will make your life dificult

which of the following statements would be unlawful for a debt collector to make

this computer is brand new and has not been used before

which of the following statements would most likely lead to a case of fraud if proven untrue and material

bailment for the sole benefit of the bailee

which of the following typs of bailments creates the highest duty of care for the bailee

common enemy doctrine

which of the following would be a legal principle used by a court when the defendant has been accused of wrongfully diverting rain water

s corporation

which of the following would be the best business entity choice for a group of software engineers who wish to start their own firm? they plan on working for the firm but also employing other individuals. they wish to limit their exposure to social security and medicare taxes. they want limited liability

justin constantly endures jokes about his religion at work

which of the following would most likely constitute a hostile work environment

express warranties

written or oral assertions (promises) about a product or a service made by a seller

a bill of sale

written statement from a seller that proves the seller has transferred ownership to the buyer