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Business Law T/F 1

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under the fifth amendment there is no circumstance in which a person can be compelled to testify
False
a federal law that conflicts with the US constitution will be deemed unconstitutional
True
In most states, a court can grant legal remedies or equitable remedies but not both at the same time
False
a collective mark is used to distinguish the services of one person or company from those of another
False
A state court can exercise jurisdiction over a nonresident by showing that she had minimum contacts with the state
True
Local governments including cities can exercise police powers
true
trade dress has the same legal protection as trademarks
true
in determining whether copyright protection should be granted, what is copyrightable is the particular way in which an idea is expressed
false
the theft of trade secrets is not a crime unless a contract is breached
false
The US Constitution is the supreme law of the United States
true
A state court can exercise jurisdiction over anyone within the boundaries of the state
true
mandatory arbitration clauses in employment contracts are not enforceable.
false
embezzlement is like robbery in that neither crime requires the use of force or fear.
false
a person may not be responsible for a criminal act if as a result of a mental defect he or she did not appreciate the wrongfulness of the act
true
judges use precedent when deciding a case in a common law legal system
true
rescission is available in cases involving fraud
true
a party seeking to recover compensatory damages may also be entitles to recover incidental damages
true
inadequate consideration may reflect a lack of bargained-for exchange
true
if a contract is illegal, a court will not enforce it
true
an innocent party who has fully performed an illegal contract may sometimes enforce is against a guilty party
true
most contracts are discharged by rescission
false
an offer to form a bilateral contract is accepted by a promise to perform
true
normally, a court of law will not question the adequacy of considerations
true
to be valid, a contract must be enforceable by all of the parties to it
false
the doctrine of quasi contract applies only of there is an actual contract
false
parties with contractual capacity may form an enforceable contract
true
a unilateral contract is formed when the one receiving the offer completes the requested act or performance
true
a lender who makes a loan at a rate below the lawful maximum commits usury
false
a contract is an agreement that be enforced in court
true
to be legally sufficient, consideration must include something of economic value.
false
when no document of title is required and delivery is made without moving the goods, title to identified goods passes when a contract for their sale is made
true
if a seller is a merchant and the goods are not to be moved the risk of loss passes to a buyer on tender of delivery
false
only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product
false
incidental damages include all reasonable expenses incurred because of the breach of contract
true
under the mirror image rule, an offer must be accepted in it entirety without modification or reservation or no contract is formed
true
the duties and obligations of the parties to a contract include those specified by custom
true
a buyer and seller cannot normally have an insurable interest in identical goods at the same time
false
an oral contract may be enforceable under the UCC
true
in a sale or return the seller delivers the goods to the buyer with the understanding that they buyer can set aside the deal by returning the goods
true
a person can be an HDC only by acquiring an instrument with notice of any defect to it
false
the UCC does not impose different standards on merchants than it imposes on consumers
false
a manufacturer may be liable for a failure to exercise due care to any person who sustains an injury caused by a defective product
true
a warranty of title cannot be disclaimed
false
strict product liability is liability without fault
true
merchants are required to warrant that the goods they sell are fit for their ordinary purpose
true
to recover workers' compensation, an employee must prove that an injury was not the fault of the employer
false
an agent must maintain separate accounts for the principal's funds and the agent's personal funds
true
an independent contractor always acts in the capacity of an agent
false
"whistleblower" statues protect employees from being required to work overtimes after the "whistle blows"
false
once formed a corporation cannot be dissolved involuntarily
false
a sole proprietorship automatically dissolves on the death of the owner
true
to bring to action against an employer based on intentional discrimination, a person must show that he or she is a member of the protected class
true
employers who willfully violate safety regulations can be prosecuted under state criminal laws
true
a limited partner who participates in the management of the partnership may be personally liable to the firm's creditors
true
for most purposes, the law recognizes a partnership as an aggregate of its members
false
Generally, there is a uniform body of national corporate law
false
a principal's liability in a contract with a third party may depend on the authority given to the agent to act on behalf of the principal.
true
a limited liability company offers the limited liability of a corporation
true
under the Americans with Disabilities Act of 1990, employers must hire persons with disabilities even if they lack necessary job qualifications
false
even after an agency relationship has terminated, there are circumstances under which a principal may be bound by his or her agent's act.
true