WEEK 4 CHAPTER 34-43

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Business Law Text & Exercise:  Chapters 34-43 Chapter 34—Work Set True-False Questions 1. A debtor must be insolvent to file a voluntary petition. o True X False 2. An automatic stay is a suspension of all judicial proceedings on the occurrence of an independent event. X True o False 3. The same principles govern the filing of a Chapter 7 petition and a Chapter 11 proceeding. X True o False 4. A bankruptcy may be commenced by involuntary petition under Chapter 13. o True X False 5. Generally, in a bankruptcy proceeding, any creditor’s claim is allowed. X True o False 6. When a business debtor files for Chapter 11 protection, the debtor is not allowed to continue in business. o True X False 7. No small business can avoid creditors’ committees under Chapter 11. o True X False Chapter 35—Work Set True-False Questions 1. Risk management involves the transfer of certain risks from an individual or a business to an insurance company. X True o False 2. Insurance is classified by the nature of the person or interest protected. X True o False 3. An insurance broker is an agent of an insurance company. o True
X False 4. An insurance applicant is usually protected from the time an application is made, if a premium has been paid, possibly subject to certain conditions. X True o False 5. A person can insure anything in which they have an insurable interest. X True o False 6. An insurance application is not part of the insurance contract. X True o False 7. The insurable interest in life insurance must exist at the time the policy is obtained. X True o False Chapter 36—Work Set True-False Questions 1. Generally, those who produce personal property have title to it. X True o False 2. If goods are confused due to a wrongful act and the innocent party cannot prove what percentage is theirs, all of the goods belong to the wrongdoer. o True X False 3. To constitute a gift, a voluntary transfer of property must be supported by consideration. o True X False 4. One who finds abandoned property acquires good title to the property against the whole world, except the true owner. X True o False 5. Co-ownership in which each of two or more persons owns an undivided, fractional interest in the property is a tenancy in common. X True o False 6. Gas, water, and other utility services are considered personal property.
X True o False 7. If an object cannot be physically delivered, it cannot be a gift. o True X False Chapter 37—Work Set True-False Questions 1. A bailment includes a transfer of title. o True X False 2. Most bailments are created by agreement. X True False 3. A bailment can occur even if a bailee acquires property accidentally or by mistake. X True o False 4. A written agreement is required for all bailments. o True X False 5. A bailee does not have the right to limit their liability for loss or damage to bailed goods. o True X False 6. A bailee must exercise reasonable care to preserve the bailed property. X True o False 7. A common carrier is not liable for loss or damage to bailed property in the carrier’s possession. o True X False Chapter 38—Work Set True-False Questions 1. A fee simple absolute is potentially infinite in duration and can be disposed of by deed or by will. X True
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o False 2. The owner of a life estate has the same rights as a fee simple owner. o True X False 3. An easement allows a person to use land and take something from it, but a profit allows a person only to use land. o True X False 4. Deeds offer different degrees of protection against defects of title. X True o False 5. The government can take private property for public use without just compensation. o True X False 6. The government can take private property for private uses only. o True X False 7. A license is a revocable right of a person to come onto another person’s land. o True X False Chapter 39—Work Set True-False Questions 1. A covenant of quiet enjoyment guarantees that a tenant will not be disturbed in their possession of leased property by the landlord or any third person. X True o False 2. If the covenant of quiet enjoyment is breached, the tenant can sue the landlord for damages. X True o False 3. Generally, a tenant must pay rent even if they move out, if the move is unjustified. X True o False 4. A constructive eviction occurs when the landlord wrongfully makes the tenant’s use and enjoyment of the property exceedingly difficult or impossible.
X True o False 5. A fixed-term tenancy is a lease for a specified period of time. X True o False 6. When a landlord sells leased premises to a third party, any existing leases terminate automatically. o True X False 7. When a tenant assigns a lease to a third party, the tenant’s obligations under the lease terminate automatically. o True X False Chapter 40—Work Set True-False Questions 1. A will is revocable only after the testator’s death. o True X False 2. The testator generally must sign a will. X True o False 3. If a person dies without a will, all of their property automatically passes to the state in which that person lived most of their life. o True X False 4. A living trust is created by a grantor during their lifetime. X True o False 5. A testamentary trust is created by will and begins on the settlor’s death. X True o False 6. If a person marries after executing a will that does not include the spouse, the spouse gets nothing when the person dies. X True
False 7. If a will setting up a testamentary trust is invalid, the trust is also invalid. X True o False Chapter 41—Work Set True-False Questions 1. Enabling legislation specifies the powers of an agency. X True o False 2. Federal courts are part of the executive branch of government. o True X False 3. Congress creates federal administrative agencies. X True o False 4. After an agency adjudication, the administrative law judge’s order must be appealed to become final. o True X False 5. The Administrative Procedure Act provides for judicial review of most agency actions. X True o False 6. When a new regulation will have a significant impact on a substantial number of small entities, an analysis must be conducted to measure the costs imposed on small businesses. X True o False 7. State administrative agency operations prevail over federal agency actions. X True o False Chapter 42—Work Set True-False Questions
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1. Monopoly power is market power sufficient to control prices and exclude competition. X True o False 2. An exclusive-dealing contract is a contract under which competitors agree to divide up territories or customers. o True X False 3. Price discrimination occurs when a seller forbids a buyer from buying products from the seller’s competitors. o True X False 4. An agreement between competitors to fix prices is a  per se  violation of antitrust law. X True o False 5. A merger between firms that compete with each other in the same market is not a violation of antitrust law. o True X False 6. A relevant product market consists of all products with identical attributes and products that are sufficient substitutes for each other. X True o False 7. An agreement that is inherently anticompetitive is illegal  per se . X True o False Chapter 43—Work Set True-False Questions 1. All nations must give effect to the laws of all other nations. o True X False 2. Under the act of state doctrine, foreign nations are subject to the jurisdiction of U.S. courts. X True o False 3. Under the doctrine of sovereign immunity, foreign nations are subject to the jurisdiction of U.S. courts. X True o False
4. The Foreign Sovereign Immunities Act states the circumstances in which the United States can be sued in foreign courts. X True False 5. A member of the World Trade Organization must usually grant other members normal-trade-relations status. X True o False 6. Congress cannot tax exports. X True o False 7. The foundation of international space law is the Convention on International Liability for Damage Caused by Space Objects. X True o False