Shareholder Proposal Submission Rules
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A(n) ________blank power of attorney is a written document, created by a principal, expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity, or for the agent’s authority to become active only after a principal becomes incapacitated in any manner.
Multiple Choice
general
specific
localized
durable
equitable
The correct answer to your question is "durable". A "durable" power of attorney remains effective even if the principal becomes incapacitated.
The statute of frauds does not relate to fraudulent contracts.
Group startsTrue or False
Your statement is true. The Statute of Frauds refers to the requirement that certain kinds of contracts must be in writing to be enforceable, not that they're fraudulent.
Bryan hired Gilman to work as his personal assistant. Their office environment is fast-paced, and per the terms of the hiring, Gilman can make many decisions for Bryan without seeking Bryan’s permission in advance. Gilman is a(n) ________blank.
Multiple Choice
incidental beneficiary
principal
agent
independent contractor
third-party beneficiary
Gilman would be considered an "agent" in this situation. An agent is someone who is authorized to act on behalf of another person (the principal).
Owners of ________blank stock enjoy preferences with respect to assets and dividends.
Multiple Choice
concentrated
premium
unconditional
preferred
common
The answer to your question is "preferred". Owners of preferred stock enjoy preferences with respect to assets and dividends.
Revenge. Jane, a first-year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first-year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $* for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Jane. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Was the judge correct in disallowing Jane's testimony regarding what Susie told her about the tire?
Multiple Choice
No, the judge was wrong and should have considered that testimony
Yes, the judge was correct to disallow the testimony because it involved a possible criminal action
Yes, the judge was correct to disallow the testimony because it was hearsay
Yes, the judge was correct to disallow the testimony because Susie's testimony was better evidence and she was in the courtroom
Yes, the judge was correct to disallow the testimony because it was offered by a defendant, not an independent witness
The correct answer would be that "Yes, the judge was correct to disallow the testimony because it was hearsay". Hearsay is a statement made out of court that is offered in court as evidence to prove the truth of the matter asserted. It is generally inadmissible unless it falls within an exception to the Hearsay Rule.
Cat Chaser. Annette, who is angry because her neighbor William allows his dog to chase her cat, decides that she wants to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off William's deck. She intends to keep the chair. Annette further took a rake off William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake. William is unhappy about the whole situation and wants to sue. What action would William have against Annette for taking the rake?
Multiple Choice
Trespass to personal property
Conversion
Private nuisance
Negligence
Harassment
The correct action that William would have against Annette for taking the rake without permission is "Trespass to personal property". This term represents the unlawful interference with someone's personal property.
Cosmetic Profits. Sally is the executive vice president of Big Name Cosmetics Company. Through important and material, nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which of the following, if any, is Sally guilty of by providing information to Alice regarding the purchase?
Multiple Choice
She is guilty of an insider trading violation by tipping the information.
She is guilty of an insider trading violation by being tipped.
She is guilty of an insider trading violation by both tipping and being tipped.
She is guilty of criminal extortion.
She is not guilty of any offense.
Sally is guilty of an insider trading violation by tipping the information. Insider trading laws prohibit corporate insiders, such as officers, directors, and employees, from trading based on nonpublic information about the corporation.
Only the plaintiff may appeal a judge’s final judgment.
Group startsTrue or False
Your statement is False. Both the plaintiff and the defendant have the right to appeal a judge's final judgment. It's not exclusive to the plaintiff.
Self-Centered President. Tina is the new president of "We Manage You," a corporation set up to manage physician practices. Tina has never been very concerned with minority shareholders because she does not believe that they have any influence over the company because they cannot even elect a director. She is told, however, that the corporation has a practice of cumulative voting. An election is coming up in which * directors will be elected. Minority shareholders own *,* shares while majority shareholders own *,* shares. Tina tells her vice president, George, that she wants to ignore minority shareholders and focus her interests on majority shareholders and the directors. She also tells George that she wants to be particularly conscientious toward directors because the directors appoint officers, and she does not believe that she owes any actual duties to shareholders. She further orders George to destroy some documents subpoenaed in a criminal investigation against the company for illegal tax evasion. When George protests, Tina tells him not to worry because officers cannot be held responsible for criminal actions so long as the actions are done as part of the officer's duties. She explains to him that only the corporation can be charged with liability in such cases. How many votes will the minority shareholders have in the election?
Multiple Choice
*,*
*,*
*,*
*,*
*,*
The minority shareholders will have *,* votes in the election. This is due to the practice of cumulative voting, where each shareholder gets one vote per share per director to be elected. In this case, it's *,* shares times * directors equals *,* votes.
Which of the following are debts incurred in an initial contract?
Multiple Choice
Secondary obligations
Primary obligations
Novation agreements
Collateral promises
Suretyship promises
The debts incurred in an initial contract are known as "Primary obligations". These are the main obligations that arise directly from the contract.
If there is a fixed face value noted on the stock certificate, ________blank is involved.
Multiple Choice
minimum value stock
a stock dividend
preferred stock
par-value stock
maximum value stock
If there is a fixed face value noted on the stock certificate, "par-value stock" is involved. Par-value stock is a type of common or preferred stock that has a stated face value, as noted on the stock certificate itself.
Painted House. Billy had a contract to paint Jan's house for $* including the duty to clean up any debris. The contract between Billy and Jan did not contain an anti-assignment clause. Billy, who was very busy, assigned the contract, including the right to payment and the duty to paint, to Richard who was interested in making some extra money and had experience painting. Billy did not tell Jan about the assignment because he did not want any trouble, nor did Richard mention the assignment to her. In fact, Richard never met Jan because he painted while she was at work. After Richard did a good job painting the house, Jan sent a check to Billy for $*. Billy needed the money to pay some bills, so he spent it. He thought he would have money coming in with which to pay Richard, but that did not happen. Richard asked Jan for $* when it was not forthcoming from Billy. Jan refused. Richard said that he was going to sue her and Billy. Jan called Billy and told him that he had no right to assign the contract. Another problem involved disposal of debris. Although Richard was a good, competent painter, he forgot and left some old paint cans at Jan's house. Jan demanded that Billy come and properly dispose of the paint cans because they could not simply be put in the trash. Billy refused and told her that she would have to get Richard to dispose of the paint cans because that was his responsibility. What would be the likely result of a lawsuit brought by Richard against Billy to recover the $*?
Multiple Choice
Richard will win.
Richard will win, but only if he had no reason to know that Billy had not given notice of the assignment to Jan and was, therefore, not on notice to notify Jan himself.
Richard will win, but only if he can prove that he first brought a lawsuit against Jan and lost.
Billy will win because Richard's only right of recourse is against Jan.
Billy will win because Richard should have given notice to Jan himself.
The likely result of a lawsuit brought by Richard against Billy to recover the $* would be that "Richard will win". The contract was assigned by Billy to Richard, and Jan's payment to Billy does not absolve Billy of his obligation to pay Richard for the work he completed.
Not only does the agent have to communicate offers from third parties, but the agent must also communicate any information the agent thinks could be important to the principal. This is known as the duty of notification.
Group startsTrue or False
Your statement is True. The agent does indeed have a duty of notification. This means that the agent is required to inform the principal about any relevant information or offers from third parties.
If mediation is not successful the parties must resort to litigation, and anything said during mediation cannot be used as evidence at trial.
Group startsTrue or False
That's a True statement. If mediation fails, litigation is often the next step. Additionally, mediation discussions are typically confidential and cannot be used as evidence in court.
Jewel’s Fine Jewelry, Incorporated (Jewel’s) is incorporated in the state of Oklahoma but does business in Michigan, Illinois, and Tennessee. In Michigan, Illinois and Tennessee, Jewel’s would be considered a ________blank corporation.
Multiple Choice
hostile
foreign
domestic
multistate
non-taxable
Jewel’s Fine Jewelry, Incorporated (Jewel’s) would be considered a "foreign" corporation in Michigan, Illinois, and Tennessee. A foreign corporation is a term used in the United States for an existing corporation that is registered to do business in a state other than its original creation.
The most common defense to battery is consent.
Group startsTrue or False
Your statement is True. Consent is indeed the most common defense to a battery charge. This means that if a person consents to the act that constitutes the battery, it can be used as a defense in a battery case.
Which of the following is not an exception to the statute of frauds?
Multiple Choice
An admission
Promissory estoppel
Partial performance
Exceptions to the UCC
Hearsay evidence
"Hearsay evidence" is not an exception to the statute of frauds. The statute of frauds requires certain types of contracts to be in writing, and hearsay evidence does not provide an exception to this requirement.
Bonds are:
Multiple Choice
types of common stock
types of preferred stock
certificates of deposit
backed by the government
debt securities
The correct answer to "Bonds are" would be "debt securities". Bonds are a type of investment that involves lending money to an entity (typically a corporation or government) in exchange for periodic interest payments plus the return of the bond's face amount when it matures.
Hair Stylist Woes. Maryann went to see her hair stylist, Candy. Maryann, who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. The defamation printed in the school newspaper would be which of the following?
Multiple Choice
Libel
Slander
Both libel and slander
Neither libel nor slander because an editorial was involved
Neither libel nor slander, because the falsehood involved matters of appearance, not business-related matters
The defamation printed in the school newspaper would be considered "Libel". Libel refers to a defamatory statement that is written or published. Since Maryann's false statements about Candy were published in the school newspaper, this is considered libel.
A
is a written document, signed by the creator of the document, that makes an unconditional promise or order to pay a certain sum of money, either on demand or at a definite time.
The document you're referring to is known as a "Promissory Note". It's a financial instrument that contains a written promise by one party to pay another party a definite sum of money either on demand or at a specified future date.
A [x] is a promise by a maker to pay a payee.
The term you are looking for is "Promissory Note". A Promissory Note is a financial agreement that contains a promise by the maker to pay a certain amount to the payee.
A [x] is a promise by a maker to pay a payee.
The term you're referring to is a "Promissory Note". This is a written promise made by one party (the maker) to pay a specific amount of money to another party (the payee).
the answer should be one word
The term you're referring to is "Note".
A [x] is an order given by a drawer to the drawee, which orders that the drawee pay a payee.
The term you're referring to is a "Draft". This is a financial order issued by one party (the drawer) instructing another party (the drawee) to pay a third party (the payee).
Which of the follow are requirements for negotiability?
In writing
Signed by the payee
Conditional promise/order to pay
Certain sum of money
Payable at any time (no set date)
Payable to order/bearer
The requirements for negotiability include:
- Being in writing.
- Signed by the maker or drawer.
- Unconditional promise or order to pay.
- Certain sum of money.
- Payable on demand or at a definite time.
- Payable to order or bearer.
Please note, it's signed by the maker or drawer, not the payee.
- Being in writing.
- Signed by the maker or drawer.
- Unconditional promise or order to pay.
- Certain sum of money.
- Payable on demand or at a definite time.
- Payable to order or bearer.
Please note, it's signed by the maker or drawer, not the payee.
[x] paper states a specific payee on the instrument.
The term you're looking for is "Order". An "Order" paper is a type of negotiable instrument that states a specific payee on the document.
"Order" paper is an instrument payable to any possessor of the instrument, whether the instrument specifically names the possessor as a payee or not.
True
False
Your statement is False. "Order" paper is payable to the party named on the document or to any subsequent holder. It is not payable to just any possessor of the instrument. It requires endorsement by the named party for transferring to others.