Carli is a landlord in Florida. She places all security deposits and advance rents into an interest-bearing account in a Florida bank. Which Act makes this legal? This is not legal. Under the Florida Real Estate Commission's statutes, a landlord can only place security deposits and advance rents in a non-interest bearing account. the Florida Housing and Urban Development Act the Florida Residential Landlord and Tenant Act the Real Estate Procedures Act
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- Over the years, the Red Cross has been guided in its use of donations by honoring donor intent. This policy helped the organization deal with a major ethical challenge after the terrorist attacks of September 11, 2001. The Red Cross received more than $1 billion in donations and initially diverted some money to ancillary operations, such as creating a strategic blood reserve. After donors objected, however, the organization reversed its decision and – honoring donor intent – used the contributions to directly benefit people affected by the tragedy. Should the American Red Cross have reversed its initial decision to divert some of the money donated for September 11 relief efforts to pressing but ancillary operations? Support your chosen position.Upon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MLO) shall not be deamed to have tamporary suthority to act as an MLO in an application state if which of the following events has occurred? A) The individual has been a witness in a trial where the defendant was convicted of felony fraud. B) The individual has been subject to a court order for payment of child support. C) The individual had an application for an MLO license denied or an MLO license revoked or suspended in any governmental jurisdiction. D) The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the NMLS as an MLO by the prior omplover“I think I’m in trouble,” Elvira confided to her husband, Curtis. “I had a customer in today who complained that one of my clerks had discriminated against her and that she was going to sue. I discovered that this same clerk had designed an elaborate scheme to embezzle from me and I intend to press criminal charges. Also, my landlord has stating that the remodeling I did voids my rental agreement and he wants me to vacate in 2 months. I looked at the contract and I’m 99% sure he’s wrong, but I’m no lawyer. I need some legal help!”
- Sam owes Nick $200,000. Sam goes to Chase bank to take out a loan of $200,000 so he can pay off his debt to Nick. Chase agrees to make the loan but breaches its contract with Sam. Sam then defaults on his loan to Nick. Nick sues Chase bank because they breached their contract with Sam. What is the probable outcome of Nick’s suit against Chase?Brady leaves her diamond necklace to be repaired at Diamonds R Us, a jewelry store that sells new and used diamond jewelry, Diamonds R Us sells the necklace to Doris, who does not know that it belongs to Brad. a. Brad can successfully recover the necklace from Doris. b. Brad cannot recover from either Doris or Diamonds R Us. c. Brad can sue Diamonds R Us for the value of the necklace but cannot obtain the necklace back from DorisRegency transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters and other facilities in Massachusetts. The vehicles in Regency's fleet were bought in other states. Massachusetts imposes various taxes on all taxpayers subject to its jurisdiction, including those that, like Regency, do business in interstate commerce. When Massachusetts imposed a tax on purchase price of each vehicle in Regency's fleet, the trucking firm challenged the assessment as discriminatory under the commerce clause. What is the chief consideration under the commerce clause when a state law affects interstate commerce? Is Massachusetts's tax valid? Explain.
- Kennecott Copper Corp. brings a challenge to an Environmental Protection Agency (EPA) order that rejected a portion of the State of Nevada’s implementation plan dealing with the control of stationary sources of sulfur dioxide (SO2). All of the SO2 emissions come from a single source—the Kennecott copper smelter at McGill. The EPA bases its decision on the belief that the Clean Air Act National Ambient Air Quality Standards (NAAQS) must be met by continuous emission limitations to the maximum extent possible and that the Act permits the intermittent use of emission controls only when continuous controls are not economically feasible. Kennecott contends that the EPA must approve any State implementation plan that will attain and maintain an NAAQS within the statutory time period. Who will prevail? Why?Goodward, a newly-hired newspaper reporter for The Cape Cod News, learned that the local cranberry growers had made an agreement under which they pooled their cranberry crops each year and sold them at what they determined to be a fair price. Goodward believes that such an agreement is in restraint of trade and a violation of the antitrust laws. Is he correct?Dr. Doyle E. Campbell, an ophthalmologist, established his practice in southern Ohio in 1971. Many of Dr. Campbell’s patients are elderly people who qualify for federal Medicare benefits and state Medicaid benefits. Under the existing financing system, a doctor who treats a Medicare patient is required to submit a “Medicare Health Insurance Claim Form” (HCFA Form 1500). The doctor is required to certify that “the services shown on this form were medically indicated and necessary for the health of the patient and were personally rendered by me or were rendered incident to my professional service by my employees.” Claims Dr. Campbell submitted for his elderly patients ranged from $900 to $950, of which $530 to $680 were covered by the Medicare program. The government alleged that Dr. Campbell billed Medicare for several treatments that were either not performed or not necessary. 1 - Provide a paragraph with more than five sentences (i.e., in the section for “Purport”) that interprets the…
- The Commerce Clause. Regency Transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters, four warehouses, and a maintenance facility and terminal location for repairing and storing vehicles in Massachusetts. All of the vehicles in Regency’s fleet were bought in other states. Massachusetts imposes a use tax on all taxpayers subject to its jurisdiction, including those that do business in interstate commerce, as Regency does. When Massachusetts imposed the tax on the purchase price of each tractor and trailer in Regency’s fleet, the trucking firm challenged the assessment as discriminatory under the commerce clause. What is the chief consideration under the commerce clause when a state law affects interstate commerce? Is Massachusetts’s use tax valid? ExplainIf a minor purchase a $150.00 pair of designer blue jeans the merchant may be unable to enforce this contract because: a) the jeans were a necessity. b) clothes are a statutory contract. c) designer jeans are a luxury. d) only emancipated minors wear jeans. 2. An adult who intentionally drinks so much liquor as to have their judgment impaired will a) easily defeat a contract they entered in to while drunk b) have no chance of winning under any circumstances. c) probably lose, voluntary intoxication is usually a poor defense. 3. Which of the following must a person possess to have contractual capacity? a) Comprehend the nature of the Contract b) Comprehend the purpose of the Contract c) Comprehend the consequences of the Contract d) All of the above are requiredThe U.S. Polo Association (USPA) is a not-for-profit corporation that is thegoverning body of the sport of polo in the United States. It has been in existence since 1890 and derives the majority of its revenue from royalties obtained from licensing its trademarks. It owns more than 900 trademarks worldwide, including marks bearing the words “U.S. Polo Assn.” with the depiction of two polo players for licensees on products sold in the apparel category. In 2009 it produced 10,000 units of a men’s fragrance using packaging featuring its logo as used on apparel. Since 1978 PRL (Polo Ralph Lauren) and its licensee of PRL trademarks, L’Oreal, have used the mark known as the “Polo Player” logo on men’s fragrances with its logo containing one player. The fragrance has been sold for 32 years and it was voted into the industry’s Hall of Fame. PRL sued USPA. What must PRL establish to prevail in an action for trademark infringement? How would you decide this case?