Congress Creates Administrative Agencies

Summary

Congress has the authority to create or dissolve administrative agencies, a power that involves a complex process with multiple steps and approvals. Samantha, hired for a specific task, is an independent contractor. Under the UCC, minerals, soil, and the right to remove soil from real estate are considered goods. The death of either the principal or agent automatically terminates the agency relationship. Deceptive advertising misleads reasonable consumers and is illegal. A syndicate is a group organized to raise financial capital. The duty of compensation requires a principal to pay an agent. A limited partnership involves at least one general and one limited partner. An unincorporated business co-owned by two people is a partnership. Unsecured creditors have fewer rights than secured creditors. The Equal Pay Act allows different wages based on seniority, merit, or production systems. The FMLA guarantees eligible employees up to 12 weeks of unpaid leave. Child support collection is not subject to an automatic stay in bankruptcy. Administrative agencies do not form political action committees. A preferential payment gives one

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Fredrick hires Samantha to paint the showroom of his new furniture store instead of having one of his full-time store employees perform the work. Samantha does not work for Fredrick in any other capacity. Samantha is ________blank. Multiple Choice Fredrick’s employee and an independent contractor Fredrick’s exclusive agent Fredrick’s employee Fredrick’s agent and employee an independent contractor
Samantha is an independent contractor. This is because she is hired for a specific task and does not work for Fredrick in any other capacity.
Which of the following are considered goods under the Uniform Commercial Code (UCC)? Multiple Choice The right, sold by the owner to another party, to remove soil from real estate Minerals taken from real estate and sold by the owner and soil taken from real estate and sold by the owner; but not the right, sold by the owner to another party, to remove soil from the real estate Minerals taken from real estate and sold by the owner Soil taken from real estate and sold by the owner Minerals taken from real estate and sold by the owner; soil taken from real estate and sold by the owner; and the right, sold by the owner to another party, to remove soil from real estate
Under the Uniform Commercial Code (UCC), the following are considered goods: "Minerals taken from real estate and sold by the owner; soil taken from real estate and sold by the owner; and the right, sold by the owner to another party, to remove soil from real estate".
If either the principal or the agent dies, the agency relationship is ________blank. Multiple Choice void ab initio void at the election of the surviving party automatically terminated ex post facto still recognized by law
If either the principal or the agent dies, the agency relationship is automatically terminated. This is a general rule under agency law.
Deceptive advertising is advertising that misleads or could mislead a reasonable consumer. Group startsTrue or False
True. Deceptive advertising is indeed advertising that misleads or could mislead a reasonable consumer. It is considered illegal under the Federal Trade Commission Act and the Massachusetts General Laws Chapter 93A.
Alejandro and Dalton are part of a group organized specifically to raise financial capital for the construction of a world-class indoor tennis center. This type of investment group is known as a(n) ________blank. Multiple Choice syndicate limited partnership *(c)(*) corporation S corporation member-managed LLC
Alejandro and Dalton are part of a group organized specifically to raise financial capital for the construction of a world-class indoor tennis center. This type of investment group is known as a syndicate.
The duty of compensation refers to: Multiple Choice The principle’s responsibility to provide the agent with adequate instructions. The agent’s obligation to follow the principal’s instructions. A principal's obligation to pay an agent for his services. An agent’s obligation to reimburse the principal. The principle’s obligation to insure the agent.
The duty of compensation refers to a principal's obligation to pay an agent for his services. This is a general rule under agency law.
A limited partnership is an agreement between at least one (*) general partner and one (*) limited partner. Group startsTrue or False
True. A limited partnership is indeed an agreement between at least one (*) general partner and one (*) limited partner. The general partner has unlimited liability while the limited partner's liability is limited to their investment in the partnership.
Joseph and David decide to form and co-own an unincorporated business that will sell custom sweatshirts. This type of business is a(n) ________blank. Multiple Choice limited liability partnership S corporation partnership C corporation limited liability corporation
Joseph and David decide to form and co-own an unincorporated business that will sell custom sweatshirts. This type of business is a partnership.
Unsecured creditors have fewer rights as secured creditors. Group startsTrue or False
True. Unsecured creditors indeed have fewer rights than secured creditors. Secured creditors have a claim on some type of collateral while unsecured creditors do not, making their claim weaker.
Men and women may be paid different wages under the Equal Pay Act when payment is made pursuant to a ________blank. Multiple Choice seniority system seniority system or a merit system, but not a system that measures earnings by quantity or quality of production seniority system, a merit system, or a system that measures earnings by quantity or quality of production system which measures earnings by quantity or quality of production merit system
Men and women may be paid different wages under the Equal Pay Act when payment is made pursuant to a seniority system, a merit system, or a system that measures earnings by quantity or quality of production. This is provided under the Federal Equal Pay Act of *.
The Family and Medical Leave Act (FMLA) guarantees all eligible employees up to * weeks of unpaid leave during any *-month period of employment. Group startsTrue or False
True. The Family and Medical Leave Act (FMLA) does guarantee all eligible employees up to * weeks of unpaid leave during any *-month period. This applies to both public and private employers.
Which of the following is true regarding actions that may be taken while an automatic stay is in effect in a Chapter * proceeding? Multiple Choice Creditors can attempt to repossess property. Legal actions to determine paternity are subject to the automatic stay. Legal actions to collect child support payments are not subject to the automatic stay. A creditor who received a judgment against the debtor prior to the bankruptcy filing may act to enforce the judgment. Legal actions to determine alimony payments are subject to the automatic stay.
The correct statement is: "Legal actions to collect child support payments are not subject to the automatic stay." In bankruptcy proceedings, certain actions like child support collection are exempt from the automatic stay.
Which of the following is not considered an activity in which an administrative agency may be involved? Multiple Choice Issuing permits Managing property Advising Conducting research Forming political action committees
The correct answer is: "Forming political action committees". Administrative agencies do not typically engage in political activities such as forming political action committees.
A preferential payment: Multiple Choice discharges student loan payments for the debtor gives filing status to one creditor over another creditor gives the debtor preferential treatment over creditors gives the debtor a fresh financial start gives preferential treatment to one creditor over another creditor
A preferential payment gives preferential treatment to one creditor over another creditor. This typically happens in bankruptcy where a debtor makes a payment to a creditor within a certain period before filing for bankruptcy.
Deceptive advertising is: Multiple Choice Constructive fraud advertising that misleads or is likely to mislead any consumer advertising that lacks clarity for any consumer advertising that misleads or is likely to mislead a reasonable consumer advertising that confuses any consumer
Deceptive advertising is advertising that misleads or is likely to mislead a reasonable consumer. This is considered illegal under the Federal Trade Commission Act and the Massachusetts General Laws Chapter 93A.
Which of the following is the requirement that advertisers have a reasonable basis for claims made in their advertisements? Multiple Choice Ad subrogation Ad verification Ad substantiation Puffing Ad vilification
The requirement that advertisers have a reasonable basis for claims made in their advertisements is known as Ad substantiation.
Which of the following is true regarding the liability of a principal to an agent based on a contract an agent makes with a third party that expressly excludes the principal from the contract? Multiple Choice The principal is liable to the agent, but only if the principal is a partially disclosed principal. The principal is liable to the agent because it is per se unconscionable to exclude a principal from a contract. The principal is liable to the agent unless the principal gave the agent authority in writing to make the agreement with the third party. The principal is liable to the agent, but only if the principal is an unidentified principal. The principal is not liable to the agent.
The principal is not liable to the agent. This is because the agent made the contract with a third party that expressly excludes the principal. The agent assumes the risks and obligations of the contract.
Administrative law consists of both ________blank and procedural rules. Multiple Choice de facto illusory ex post facto substantive conditional
Administrative law consists of both substantive and procedural rules. Substantive rules define the rights and duties of individuals, while procedural rules outline the steps or process that must be followed in order to enforce those rights and duties.
Which of the following is true of a joint stock company? Multiple Choice It is a mixture of a limited liability company (LLC) and a joint venture. It is a mixture of a partnership and a sole proprietorship. It is a mixture of a corporation and a joint venture. It is a mixture of a corporation and a partnership. It is a mixture of a limited liability company (LLC) and a sole proprietorship.
A joint stock company is a mixture of a corporation and a partnership. It is a type of business entity where the capital is divided into shares and the shareholders have the flexibility of transferring their shares while maintaining the benefits of limited liability.
The most familiar type of bankruptcy proceeding is the Chapter: Multiple Choice * * * * *
The most familiar type of bankruptcy proceeding is Chapter *.
In a chain-style business operation, the franchise operates under the franchisor’s business name and is required to follow the franchisor’s standards and methods of business operation. Group startsTrue or False
True. In a chain-style business operation, the franchise does operate under the franchisor’s business name and is required to follow the franchisor’s standards and methods of business operation. This is a common practice in franchise agreements.
When in doubt, judges will try to interpret the Uniform Commercial Code (UCC) to set aside an agreement. Group startsTrue or False
False. Judges typically interpret the Uniform Commercial Code (UCC) to uphold agreements, not set them aside. The UCC is designed to provide uniformity and predictability in commercial transactions.