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BA3301 exam 3

Question # 00004876
Subject: Law / General Law
Due on: 12/31/2013
Posted On: 12/07/2013 06:30 PM
Posted By:
neel2103
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Question 1

  1. A person who is given power of attorney is called a/an______________.




2 points

Question 2

  1. The Principal and Agent have a/an ________________relationship with each other.




2 points

Question 3

  1. If the agent dies, the agency agreement terminates by operation of law.

2 points

Question 4

  1. An agent’s knowledge is imputed to the principal.

2 points

Question 5

  1. A principal whose identity is known to a third party is a disclosed principal.

2 points

Question 6

  1. An agent who is wrongfully terminated may sue the principal for damages.

2 points

Question 7

  1. Bill hired Acme Paving to pave his driveway. Acme is Bill’s __________________.




2 points

Question 8

  1. An agent will not be indemnified for injuries caused to third parties if the agent’s negligence caused the injury.

2 points

Question 9

  1. Masters and servants have only joint liability for torts committed by the servant in the course of his employment.

2 points

Question 10

  1. Which of the following is not an element of ratification?




2 points

Question 11

  1. Agents of undisclosed principals are entitled to be indemnified if held personally liable on contracts that were within the scope of their authority.

2 points

Question 12

  1. Whether or not a servant was acting in the scope of his employment when he injured a third party is a question of __________ to be decided by the ______.




2 points

Question 13

  1. The only principal who can ratify a contract is a/an _____________ principal.




2 points

Question 14

  1. If a principal ratifies the unauthorized act of an agent, he releases the agent from any liability for the unauthorized act.

2 points

Question 15

  1. A master can normally avoid liability for damages caused by a servant if he can show that the servant misunderstood his instructions.

2 points

Question 16

  1. A person who breaches a duty that is neither a contractual duty nor a crime, he commits a ____________.




2 points

Question 17

  1. Which federal statute sets standards for employee pension and benefits plans?




2 points

Question 18

  1. The Family and Medical Leave Act requires that employees who are out of work for a “serious health condition” be paid for the time they are out of work.

2 points

Question 19

  1. What must an employee do inorder to collect workers compensation?




2 points

Question 20

  1. An employee cannot be terminated under an employment at will contract for refusing to commit an illegal act.

2 points

Question 21

  1. An employer whose termination of an at-will employee violates a public policy is liable to the employee for _______.




2 points

Question 22

  1. Which federal statute regulates minimum wages, overtime and the employment of minors?




2 points

Question 23

  1. When workers protest a management policy by refusing voluntary overtime and arranging for selected workers to call in sick, they are engaging in a ________.




2 points

Question 24

  1. An employer who prevents employees from coming to work in an effort to accelerate contract negotiations between management and union leadership engages in a/an_______.




2 points

Question 25

  1. Courts provide administrative agencies significant discretion to ________.




2 points

Question 26

  1. A subpoena _______ is an order from an administrative agency compelling an unwilling witness to testify under oath at an administrative agency proceeding.




2 points

Question 27

  1. Administrative agency action will be ______ if constitutional rights were infringed upon or other aspects of the Constitution were not followed.




2 points

Question 28

  1. The requirement that a person who wishes to sue show injury is called _______.




2 points

Question 29

  1. The party against whom an administrative complaint is filed is the _____, who is afforded the right to respond to the complaint in writing.




2 points

Question 30

  1. Administrative agencies are strictly guided by the separation of powers doctrine.

2 points

Question 31

  1. Which of the following requires a court to overturn a newly crafted agency rule only when there is a showing of no factual basis for the rule?




2 points

Question 32

  1. What is the enactment by Congress of a statute creating a federal administrative agency called?




2 points

Question 33

  1. The Fair and Accurate Credit Transaction Act attempts to reduce the impact on individuals who are the target of which of the following?




2 points

Question 34

  1. The ________ imposes duties on creditors who wish to extend credit, primarily in the area of making disclosures to potential debtors.




2 points

Question 35

  1. Under certain circumstances, a consumer may be incarcerated for nonpayment of a debt.

2 points

Question 36

  1. The FTC is given wide discretion by the courts in determining when advertising is deceptive.

2 points

Question 37

  1. Congress has not yet been active in generating laws aimed at labeling and packaging.

2 points

Question 38

  1. Congress has enacted legislation designed to prevent debt collectors from acting in an unconscionable fashion when attempting to collect a debt.

2 points

Question 39

  1. The most important regulation associated with the Truth in Lending Act is _______, which mandates certain disclosures be made for credit arrangements.




2 points

Question 40

  1. The Fair Credit Billing Act provides a mechanism for consumers to remedy errors received on which of the following?




2 points

Question 41

  1. The stated goal of federal environmental laws is to create air that is entirely free of all types of smoke.

2 points

Question 42

  1. For recently built industrial plants, the EPA established performance standards based on the ________ control technology capable of restraining the extent of pollution in the air.




2 points

Question 43

  1. A government permit that allows an industrial polluter to discharge limited amounts of pollutants into navigable waters is a ________.




2 points

Question 44

  1. Under the Clean Air Act, standards applied in areas where air is clean can be different from those standards applied in regions where air quality is poor.

2 points

Question 45

  1. A manifest system is created under the RCRA to track the entire life of toxic waste.

2 points

Question 46

  1. The EPA is the only federal regulatory agency devoted to environmental protection.

2 points

Question 47

  1. The Clean Water Act applies to navigable waters and where waste products are released from a non-point source.

2 points

Question 48

  1. The EPA may regulate, but it is not authorized to assess penalties for polluters who fail to meet emission limits.

2 points

Question 49

  1. In the case of Grabowski v. Skeechers, Inc, the test that Skeechers use for its claims was faulty because:





2 points

Question 50

  1. Cruise ship passengers produce about a ton of garbage a day.

2 points

Question 51

  1. I have neither received or given any assistence either to or from any third party concerning the content or answers prior to or after the completion of this exam.

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BA3301 exam 3

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Preview: Answer: FalseCorrect xxxxxxxxxxxxxxxxxxxxx 152 xxx of 2 xxxxxxx master can xxxxxxxx avoid xxxxxxxxx xxx damages xxxxxx by a xxxxxxx if he xxx show xxxx xxx servant xxxxxxxxxxxxx his instructions xxxxxxxxxxxxxx Answer: FalseCorrect Answer: FalseQuestion xxx out xx x pointsA xxxxxx who breaches x duty that xx neither x xxxxxxxxxxx duty xxx a crime, xx commits a xxxxxxxxxxxx AnswerSelected xxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxx 172 xxx of 2 xxxxxxxxxxx federal statute xxxx standards xxx xxxxxxxx pension xxx benefits plans?AnswerSelected xxxxxxxxxxxxxx Employee Retirement xxxxxx Security xxxxxxxxxx xxxxxxxxxxxxxx Employee xxxxxxxxxx Income Security xxxxxxxxxxx 182 out xx 2 xxxxxxxxx xxxxxx and xxxxxxx Leave Act xxxxxxxx that employees xxx are xxx xx work xxx a “serious xxxxxx condition” be xxxx for xxx xxxx they xxx out of xxxx AnswerSelected Answer: FalseCorrect xxxxxxxxxxxxxxxxxxxxxx 190 xxx xx 2 xxxxxxxxxx must an xxxxxxxx do inorder xx collect xxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxx Answer:  Be xxxxxxxx in the xxxxxxxx of workers xxxxxxxx to xxxxxxx xxxxxxxxxxxxxxxxxxx Answer:  Both x and bQuestion xxx out of x pointsAn xxxxxxxx xxxxxx be xxxxxxxxxx under an xxxxxxxxxx at will xxxxxxxx for xxxxxxxx xx commit xx illegal act xxxxxxxxxxxxxx Answer: TrueCorrect Answer: TrueQuestion xxx out xx x pointsAn xxxxxxxx whose termination xx an at-will xxxxxxxx violates x xxxxxx policy xx liable to xxx employee for xxxxxxx AnswerSelected xxxxxxxxxxxxxx xx the xxxxxxxxxxxx Answer:  all of xxx aboveQuestion 222 xxx of x xxxxxxxxxxx federal xxxxxxx regulates minimum xxxxxx overtime and xxx employment xx xxxxxxxxxxxxxxxxxxxxx Answer:  The xxxx Labor Standards xxxxxxxxxx Answer:  The Fair xxxxx Standards xxxxxxxxxxx xxx out xx 2 pointsWhen xxxxxxx protest a xxxxxxxxxx policy xx xxxxxxxx voluntary xxxxxxxx and arranging xxx selected workers xx call xx xxxxx they xxx engaging in x ________ AnswerSelected xxxxxxxxxxxxxx actionCorrect xxxxxxxxxxxxxx xxxxxxxxxxxxxx 240 xxx of 2 xxxxxxxx employer
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