PURDUE MGMT 455 FINAL EXAM
An agent is under a duty to obey:
All lawful instructions given by the principal
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.
Apparent
An agent has implied _________ authority to do any act that usually accompanies the transaction for which the agent is authorized to act.
Customary
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.
False
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.
False
A chapter 7 bankruptcy proceeding requires 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.
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.
False
A corporation may be treated as a subchapter S corporation and avoid individual liability to creditors.
False
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.
False
A debtor in a Chapter 7 proceeding is not entitled to discharge a claim for a negligent injury to property.
False
A debtor in bankruptcy may claim as exempt tangible personal property, the value of which does not exceed $300.00.
False
A garnishment order issued by a court in Indiana is enforceable against an Illinois resident
False
A home improvement contract, by definition, is one of which a home improvement supplier has entered into an unconscionable contract to perform a home improvement for which the price is greater than $4000.00.
False
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.
False
A landlord does not have the right to have a key in order to make inspections to the premises because the premises belong to the tenant for the duration of the lease
False
A landlord is entitled, pursuant to the Innkeeper's Lien Law, to keep personal property belonging to the tenant in the event the tenant has failed to pay their rent.
False
A non-competition 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.
False
A person receiving child support may, nevertheless, agree and enter into a contract with the person paying the child support requiring that no further support may be paid.
False
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 a trial at which the person has been found not guilty.
False
A person who has been arrested and, thus, is in custody, is entitled to be advised by the police of his Miranda Rights.
False
A person who is 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.
False
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.
False
A person will have the right to have their public record erased if the criminal charges against them have been dismissed by the Prosecutor.
False
A subpoena is a court document provided to the defendant advising the defendant that they have been sued.
False
A tenant is entitled to receive a written explanation of the use of the security deposit within 45 days after the lease has expired.
False
A tort of strict liability may be challenged by a defense alleging that the Plaintiff was contributorily negligent to their injury.
False
An entire bankruptcy may be denied if the debtor transfers assets within one year of the filing of the bankruptcy.
False
Child support in Indiana is required to be paid to a child until the child has reached 18 years of age.
False
In order for a revocation to to be effective, such revocation must be first mailed to offeree with proof of mailing certificate.
False
In the event of two parties do not have a contract, but they have an agreement as to performing certain tasks, if the one party fails to comply with his or her agreement, then that person may successfully sued in Court for breach of the agreement.
False
Individuals involved in a corporation may be free from individual liability as long as they don't reveal their individual names to the public.
False
Liens are discharged in bankruptcy but the debtor continues to owe the underlying debt.
False
Minors, because they are less than 18 years of age, are not liable for their own individual torts.
False
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 intend to serve.
False
One remedy for a breach of contract is to force the other party to complete the contract and such remedy is known as restitution.
False
Parties may agree in a contract to a predetermined amount of damages and such damage clause is known as specified damages.
False
Parties who are obligated to pay child support may, nevertheless, agree that a child is emancipated and, thus, cease providing child support.
False
Partners in a partnership are never personally liable for partnership debts.
False
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.
False
The Indiana Lemon Law applies to all motor vehicles that are sold or registered for use upon the Indiana public highways.
False
The law concerning Miranda Rights only applies in serious criminal cases commonly known as felonies.
False
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 enforce-ability or lack thereof of the contract.
False
The security deposit act only allows a landlord to use a security deposit for 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.
False
The statute of frauds is a rule that prevents one party from changing the terms of a completed written contract.
False
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.
False
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 of the contract in order to establish a legally biding contract.
False
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.
False
The debtor will be denied a discharge if:
The debtor refused to obey a lawful order of the Court
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.
True
A condition precedent that has not been met generally will allow a person to avoid any contractual obligations.
True
A contract is defined as the total legal obligation which results from the parties agreement.
True
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.
True
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 same home owner in pursuing their case.
True
A corporation formed in Indiana is a formal entity that is incorporated by the filing of Articles of Incorporation with the Indiana Secretary of State's office.
True
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.
True
A debtor in bankruptcy may claim as an exemption an interest in his family residence not in excess of $15,000.00.
True
A debtor may not discharge in a Chapter 7 proceeding child support or alimony that is owed.
True
A partnership is an association of two or more persons that are formed as co-owners of a business for profit.
True
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.
True
A person who has been arrested will have a right to have their arrest record expunged if criminal charges have never been filed against that person.
True
A person who has been placed in custody but has not been advised of his Miranda rights may make a voluntary statement to the police and such voluntary statement may be used against the defendant in court.
True
A person who is entitled to sue for a breach of contract may recover compensatory damages against the defaulting party.
True
A tort is generally as a civil wrong for which the Plaintiff may recover money from the Defendant.
True
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.
True
An entire bankruptcy may be denied in the event a debtor has filed bankruptcy in the past 8 years.
True
An individual's wages may be garnished in order to pay a judgement; however, the amount of wages to be take from the judgement defendant's earnings is limited.
True
Damages that may be recovered by a Defendant who has committed a tort include punitive damages as well as compensatory damages.
True
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 for three times the value of the item converted plus attorney fees.
True
If a person has 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 replacement vehicle of comparable value.
True
If a person violates the criminal law, the action of that person will be declared illegal upon being found guilty of the violation.
True
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.
True
In order for an offer to be effective, it must be accepted by the offeree.
True
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 seize assets belonging to the Judgement Defendant
True
In the event a landlord locks out a tenant from their apartment, the tenant has a right to go to a court and obtain an expedited hearing in order to gain access to the apartment.
True
In the event a person is the owner of 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.
True
In the event a tenant is not complying with the terms of their lease, a landlord may file a lawsuit to remove the tenant from the apartment and such lawsuit is known as a suit for eviction.
True
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.
True
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.
True
One of the requirements of a valid contract is for the contract to be supported by some form of consideration.
True
One qualification for a person to serve on a jury duty in Indiana is that the person must be a U.S citizen.
True
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.
True
Parties to a contract may be jointly and severally liable, which essentially means that if one part pays the entire liability, then that party may seek contribution from the others who are obligated under the contract.
True
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.
True
Shareholders may avoid individual liability in a corporation by executing all corporate documents in their corporate name, filing biannual reports with the secretary of State and also attending annual meetings of the shareholders and Board of Directors and maintaining minutes of the annual meetings.
True
Shareholders of a corporation may obtain a distribution of individuals, 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.
True
The Indiana 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.
True
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, in fact, has been committed.
True
The key concepts pertaining to when and under what conditions a person is entitled to be advised of 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.
True
The partnership agreement should allow for conditions involving death, disability or disagreement of the partners.
True
The partnership agreement should be in writing so that the partners will understand the terms in conditions of their partnership agreement.
True
The violent crime compensation act may allow victims of violent crimes to receive some form of compensation from the State of Indiana.
True
A discharge does not release a person from a consumer debt to a single creditor totaling more than $5,550.00 for luxury goods or services if the debt was incurred within how many days of the order for relief?
90
Initial, ratification is a question of:
Intension
A durable power of attorney may be terminated by:
Revocation by a competent principal or by the death of the principal
