MGMT 455 Final Exam
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A Garnishment Order may not be effective against a person's wages if that person has a prior child support order that is deducting money from their wages
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A Non-Competiton Agreement may be enforceable if a Court finds that either the area that is encompassed in the non competition agreement is reasonable or that the time and duration of the non competition is reasonable.
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A chapter 13 debtor is required to turn over all of their assets and property to a Bankruptcy Trustee, but the debtor will still be required to pay something to all of their creditors
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A condition precedent that has not been met generally will allow a person to avoid any contractual obligations
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A contract is defined as the total legal obligation which results from the parties' agreement
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A contract may be binding between two parties; but yet a court later may find a clause or find the entire contract to be unconscionable and refuse to enforce the contract
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A contractor who violates the Home Improvement Fraud Statute commits a deceptive act and the home owner may sue the contractor for damages as well as for attorney fees incurred by the home owner in pursuing their case.
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A person who has been arrested and an arrest record has been made will have a right to have the arrest record expunged at the conclusion of the trial at which a person has been found not guilty
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A person who has been arrested and, thus, is in custody, is entitled to be a advised by the police of his Miranda rights.
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A person who has been arrested will have the right to have their arrest record expunged if criminal charges have never been filed against that person
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A person who has been placed in custody but yet has not been advised of his Miranda rights may make a voluntary statement to the police and such voluntary may be used against the Defendant in court
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A person who his injured under circumstances by which the Workman's Compensation Act may pay him or her will still have the opportunity to sue the employer for willful and intentional torts
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A person who is entitled to sue for a breach of contract may recover compensatory damages against the defaulting party.
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A person will be entitled to for Workman's Compensation if that person is injured at home while on vacation from his place of employment
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A person will have the right to have their public record erased if the criminal charges against them have been dismissed by the prosecutor
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A subpoena is a court document provided to the defendant advising the defendant that they have been sued
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A tenant is entitled to receive written explanation of the use of the security deposit within 45 days after the lease has expired
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A tort is known generally as a civil wrong for which the Plaintiff may recover money from the defendant.
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A tort of strict liability may be challenged by a defense alleging that the Plaintiff was contributorily negligent to their injury.
Customary
An agent has implied _____ authority to do any act that usually accompanies the transaction for which the agent is authorized to act
ABCD
An agents implied authority to preform any act reasonably necessary to execute express authority is called_____ authority. a. Express b.Customary c.Apparent d. Incidental
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An agreement that would prevent a person from competing with their former employer is a restraint of trade and is generally not favored by the Courts
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An entire bankruptcy may be denied if the debtor transfers assets within one year of the filing of the bankruptcy
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An entire bankruptcy may be denied in the event a debtor has filed bankruptcy in the past 8 years
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Child support in IN is required to be paid to a child until the child has reached the age of 18 years.
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Damages that may be recovered by a defendant who has committed a tort include punitive damages as well as compensatory damages
T
Shareholders may avoid individual liability in a corporation by executing all corporate documents in their corporate name, filing biannual reports with the Sec of State and also attending meetings of the Shareholders and Board of Directors and maintaining minutes of the annual meetings
T
Shareholders of a Corp may obtain a distribution of dividends, but unless the corporation is a Subchapter S corporation, the individual board members will have to pay income tax on the distribution of dividends and the corporation will also pay income tax
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The Home Improvement Statute may be satisfied by a contractor by engaging in lengthy conversations with the home owner to be certain that the home owner understands the extent, duration, and price of the home improvement
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The IN lemon law applies to all motor vehicles that are sold or registered for use upon the Indiana public highways
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The IN lemon law requires in part that the owner of a vehicle subject to the Lemon Law is required to allow the car dealership a reasonable number of opportunities to repair the condition and/or fix the defect
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The Security Deposit Act only allows a landlord to use a security deposit for the actual damages caused by the tenant not occasioned by ordinary wear and tear, rent that is in arrears, or utilities that have not been paid by the tenant.
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The Statute of Frauds is a rule that prevents one party from changing the terms of a completed written contract
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The expungement of an arrest record may take place if criminal charges have been filed against the person but the charges have been dismissed due to the fact that no crime has been committed
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The law concerning Miranda rights only applies in serious criminal cases commonly known as felonies
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The parties to a contract may agree that the terms and conditions of a contract are, in fact, not unconscionable and refuse to enforce the contract
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The parties to a contract may agree that the terms and conditions of a contract are, in fact, not unconscionable and, thus, avoid a court making a contrary decision pertaining the enforceability or lack thereof of the contract
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The partnership agreement should allow for conditions involving death disability or disagreement
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The partnership agreement should be in writing so that the partners will understand the terms and conditions of their agreement
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There are various elements to a tort, however a Plaintiff only needs to prove a majority of the elements in order to successfully prosecute the civil claim for damages
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There are various requirements for a valid contract. In any event, it is only permissible for a Plaintiff to only prove a majority of the elements and refuse to enforce the contract
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There are various stages to a civil lawsuit. However at the trial and appeal stage, the law requires that an attorney represent all parties who are involved in the lawsuit
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a debtor in bankruptcy may claim as an exemption to an interest in his family residence (home) not in excess of 15,000
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a debtor in bankruptcy may claim as exempt tangible personal property, the value of which does not exceed 300.00
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an individuals wages may be garnished in order to pay a judgement however, the amount of such wages to be taken from the judgement defendant's earnings is limited
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the key concepts pertaining to when and under what conditions a person is entitled to be read their Miranda rights has to do with whether or not that person is in custody or whether or not that person is being interrogated by the police
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violent crime compensation act may allow the victims of violent cries to receive some form of compensation from the State of Indiana
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A Garnishment Order issued by a Court in Indiana is enforceable against an Illinois resident
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A Chapter 7 bankruptcy debtor who makes a payment to a creditor within one year of filing bankruptcy will be required to pay that money back
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A Chapter 7 bankruptcy proceeding requires a debtor to list all debts that are owed but a debtor is only required to list property that has a value in excess of 500.00
true and false
A Chapter 7 debtor may redeem personal property by paying a lump sum to the secured creditor based upon the value of the property
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A corporation formed in IN is a formal entity that is incorporated by the filing of Articles of Incorporation with the IN Sec. of State office
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A corporation may be treated as a Subchapter S Corp and avoid individual liability to creditors
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A criminal Defendant will be deemed to be in custody and, thus, entitled to be advised of his Miranda rights if the Defendant has had his freedom of movement restricted
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A debt which is owed as a result of a property settlement agreement in a dissolution of marriage may be discharged in a Chapter 13 proceeding
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A debtor in Chapter 7 proceeding is not entitled to discharge a claim for a negligent injury to property
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A debtor may not discharge in a Chapter 7 bankruptcy proceeding child support or alimony that is owed
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A home improvement contact, by definition, is one in which a home improvement supplier has entered into an unconscionable contact to perform a home improvement for which the price is greater than 4,000
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A home owner is obligated to prepare a written contract with a home improvement supplier in order for each of the parties to understand what home improvement is to be completed upon the home owner's residence
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A landlord does not have a right to have a key in order to make inspections to the premises because the premises belong to the tenant for duration of the lease.
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A landlord is entitled to pursuant to the Inkeepers Lien Law, to keep personal property belonging to the tenant in the event the tenant has failed to pay their rent
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A partnership is an association of two or more persons that are formed as a co-owners of a business for profit
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A person involved in an unemployment claim has various rights one of which is to have an administrative procedure conducted by an impartial hearing officer
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A person receiving child support may, nevertheless, agree and enter into a contract with the person paying child support requiring that no further support may be paid
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If a landlord tries to keep personal property belonging to a tenant because of the non payment of rent, a tenant may sue the landlord for conversion and ask the Court for an award three times the value of the item plus attorney fees
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If a person is the owner of a motor vehicle subject to the Indiana Lemon Law, that person may demand that the dealer provide them either a refund of their money or a vehicle of comparable value
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In order for a person to file a claim and a subsequent lawsuit against a governmental entity, the person must first comply with the Tort Claims Act
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In the event a Garnishment Order does not collect a sufficient sum of money in order to pay a judgement, the Plaintiff may require the Sheriff to a seize assets belonging to the Judgement Defendant
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In the event a landlord locks out a tenant from their apartment, the tenant has a right to go to Court and obtain an expedited hearing in order to gain access to the apartment
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In the event a person is the owner of a motor vehicle subject to the Indiana Lemon Law, that person may recover from the dealer the cost of a rental car as well as towing charges.
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In the event a tenant moves out of the premises and is unable to pay the balance of the rent that is owed under the contract, the landlord must mitigate his loss by trying to rent the premises.
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In the event that a tenant is not complying with the terms of their lease a landlord may file a lawsuit to remove the tenant from the apt and such a lawsuit is known as a suit for eviction
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In the event that two parties do not have a contract, but they have an agreement as to preforming certain tasks, if the one party fails to comply with his or her agreement, then that person may be successfully sued in Court for breach of the agreement
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Individuals involved in a corporation may be free from individual liability as long as they don't reveal their names to the public
Intention
Initially, ratification is a question of
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Liens are discharged in bankruptcy but the debtor continues to owe the underlying debt
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Minors, because they are less than 18 years of age are not liable for their own individual torts
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One defense to a negligent claim is for the Defendant to allege and prove that the Plaintiff was 50% or more at fault and thus through a comparative default defense, defeat the Plaintiff's claim.
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One of the requirements of a valid contract is for the contract to be supported by some form of consideration
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One qualification for a person to serve on a jury in Indiana is for that person to be a registered voter in the County within which they intend to serve
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One qualification for a person to serve on a jury in Indiana is that the person must be a US citizen
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One remedy for breach of contract is to force the other party to complete the contract and such remedy is known as restitution
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Parents of minors may be liable for actual damages for intentional torts committed by their children providing the parents have custody of the children and providing further that the children are living with the parents.
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Parties may agree in a contract to a predetermined amount of damages and such damage clause is known as specified damages
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Parties to a contract may be jointly and severally liable, which essentially means that if one party pays the entire liability, then that party may seek contribution from the others who are obligated under the contract
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Parties who are obligated to pay child support may nevertheless, agree that a child is emancipated and thus cease providing child support
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Partners in a partnership are never personally liable for partnership debts
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Repairs that go to the habitability of the premises may result in a constructive eviction by the landlord if the landlord fails to make such needed repairs
Apparent
When the principal's words or conduct leads a third person to reasonably believe that a party is authorized to act as his or her agent but this is not true, and the third person relies on that appearance, this creates a case of ______ authority
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if a person violates the criminal law, the action of that person will be declared upon being found guilty of the violation.
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in order for a revocation to be effective, such revocation must first be mailed to the offeree with proof of mailing certificate