Car Accident Gift Dispute

You worked this past summer at a furniture manufacturing plant. Among the products used in making chairs and couches are glues, paint thinners, varnishes, and stains. Residuals of these products were discharged by the company through a pipe into a nearby pond. The pond is a tributary of a lake popular with boaters and people who like to fish. Now that you are back at school, you read in the paper that the company has pled guilty to the crime of knowingly discharging industrial pollutants into the waters of the United States, a violation of the Clean Water Act. You wonder what consequences will result. What are the various penalties that can be imposed by the judge on the furniture company for its violation of the Clean Water Act? Include all that apply. A maximum fine of $*,*. A fine of $*,* for each day the Act was violated up to a maximum of $* million. A fine of up to $*,* for each day the Act was violated up to $* million, plus an injunction. A fine of up to $*,* for each day the Act was violated up to $* million, an injunction mandating the company stop polluting, and a requirement that the company clean up the pollution it caused or pay for the cost of doing so.

Which of the following is true about easements appurtenant? They are temporary. They “run with the land.” They benefit a particular person as opposed to the land. They give a person authority to remove something from the land of another.

Land burdened by an easement is called: the licensed estate. a profit. the dominant estate. the servient estate.

If an individual owns a piece of property and has the unlimited authority to use and sell the property, they: own the property in fee simple absolute. have a concurrent interest. have a remainder interest. have a life estate.

In a tenancy in common: (Select * answers) two or more people own the same piece of property. if either of the co-owners sells their share of the property, the tenancy in common is severed. if either of the co-owners dies, the property automatically passes to the surviving co-owners. co-owners may ask the court for a partition.

A tenancy for years will last: for a definite period of time. at least one year. for at least twenty-four months. for not more than twenty-four months.

When a tenant wrongfully holds over from the term of their lease, it is called: a tenancy for years. a periodic tenancy. a tenancy at will. a tenancy at sufferance.

In most states, the implied warranty of habitability applies to: new homes. when defects are not obvious. all homes. homes with values over $*,*.

Which of the following would be a breach of the implied warranty of habitability in a new home? Select * answers. The incorrect paint color as specified by the buyer in the sales contract A non-functional fireplace installed in a home in a warm climate A non-functional furnace installed in a home in a cold climate Un-remediated mold growth caused by the builder’s failure to properly waterproof the basement

Signing an *-month lease on a two-bedroom townhouse with a monthly rent of $* creates a: fixed-term tenancy. periodic tenancy. tenancy at will. tenancy by the entirety.

When a tenant is allowed to remain in possession of the residence after the expiration of a fixed-term tenancy by continuing to pay monthly rent, the tenancy has become a: tenancy at sufferance. tenancy for months. periodic tenancy. tenancy at will.

A landlord’s right in property that he has leased to a tenant is called a: fee simple estate. life estate. reversionary interest. leasehold interest.

A landlord’s duties include: purchasing furniture for the leased property. paying the tenant for yard work done at the leased property. keeping the style of the leased property up to date. giving the tenant possession of the leased property.

The process of examining public records to determine if there are any claims on a piece of real property before its ownership is transferred is called a: determination of encumbrances. lien examination. title search. mortgage approval.

Which is the correct definition of “marketable title”? The title to the property is being sold in a publicly advertised real estate market. The price of the property is a good value for the buyer. The grantor (seller) of the property has ownership of the property free from undisclosed encumbrances and free from defects. The mortgage for this title is eligible for refinancing.

Environmental regulations may cause increased business costs through which of the following? Choose * answers. road taxes manufacturing restrictions environmental standards toxic cleanup requirements

The Clean Air Act (CAA) regulates air pollution in which of the following ways? Choose * answers. The CAA requires states to develop state implementation plans for meeting air pollution standards. The CAA allows citizens to sue companies that pollute and sue the Environmental Protection Agency for failure to enforce the law and regulations. The CAA directs the Environmental Protection Agency to set air pollution standards. The CAA imposes an air pollution tax on all businesses to help defray the costs of implementing the act.

A business will violate the Clean Water Act if it does which of the following? Choose * answers. discharges pollutants into surface waters without a permit releases hazardous chemicals into the environment uses chemicals without first determining their impact on human health and the environment uses equipment that does not meet the standards for “best available control technology”

What legislation was enacted specifically to govern the use and production of chemicals known to be harmful to health and the environment? the Toxic Substances Control Act (TSCA) the Clean Water Act (CWA) the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) the Resource Conservation and Recovery Act (RCRA)

Alejandro is the owner of Mex-To-Go, a popular food truck from which he serves his favorite Mexican foods. During the spring, he likes to park his food truck near the city’s little league baseball field because of the heavy evening traffic. He leases a small plot of land next to these fields for the months of March, April, and May. Alejandro’s lease is a: tenancy at sufferance. tenancy at will. tenancy for years. periodic tenancy.

Sabrina owns an apartment complex in upstate New York. One of her renters, Salvo, informs her in January that the heating unit has stopped working in his apartment. Sabrina promises to fix the problem, but two weeks later, the heating unit is still not working. Salvo may: vacate the apartment, and Sabrina will be liable for any expenses he incurs. have to fix the problem himself because landlords have no responsibility to repair heating units. stop paying rent, but may not move out. move out, but may pay rent at a reduced rate.

After acquiring three new rental properties, Savannah made improvements to them. In the first property, she installed ceiling fans in each bedroom. In the second, she laid out decorative throw rugs in the living room. In the third, she had a new central air unit installed. Six months later, she decides to sell the properties and is wondering which of these improvements she can remove from the properties and keep for herself. Of the three improvements, Savannah CANNOT remove: the ceiling fans and central air unit because they would be considered fixtures. the central air unit and the throw rugs because they would be considered fixtures. the ceiling fans and central air unit, but their classification as fixtures would make no difference in whether or not Savannah can remove them. all three improvements because they would be considered fixtures that become part of the real property.

A new north-south interstate highway was being planned, and the route for the interstate went straight through Roy’s property. Roy received a notice from the city stating that his property would be condemned and setting a hearing on the matter. Roy appeared at the hearing to contest the action, saying he had lived in this house for forty years, and strenuously objected to the city taking his property! The probable result is that: the city may take the property under the principle of adverse possession since it is for a public use and does not have to compensate Roy. the city may take the property under the principle of eminent domain since it is for a public use and does not have to compensate Roy. the city may take the property under the principle of adverse possession since it is for a public use, as long as it pays Roy just compensation. the city may take the property under the principle of eminent domain since it is for a public use, as long as it pays Roy just compensation.

n Suzanne’s will, she left her home and five acres to her niece, Abrhianna. However, before her death, Suzanne sold the property to Clark, providing a deed in fee simple. At the moment of Suzanne’s death, who owns the property? Clark owns the property. Abrhianna owns the property. neither Clark nor Abrhianna own the property. Clark and Abrhianna become co-owners of the property.

According to the “business judgment” rule, directors and officers are not liable for decisions that harm the corporation if they were acting in good faith at the time of the decision. Group startsTrue or False

Dylan and Marie created a private corporation for the purposes of developing new embroidery designs to sell to manufacturers. Their company is a(n) ________blank corporation. Multiple Choice public private agency publicly-traded de facto

According to some estimates, one in twenty American households is the victim of white-collar crime every year. Group startsTrue or False

Divorce Fallout. Following a messy divorce, Dr. Fred has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. By mailing correspondence to patients encouraging purchase of the band, which of the following offenses, if any, did Dr. Fred commit? Multiple Choice He is guilty of false pretenses. He is guilty of false entry. He is guilty of defalcation. He is guilty of mail fraud. He is not guilty of any offense.

The government is always a party to a criminal action. Criminal actions are brought by the government. Group startsTrue or False

Which of the following is true regarding the grand jury system? Multiple Choice Under the United States Constitution, a grand jury is required in state felony cases. Under the U.S. Constitution, a grand jury is required in federal felony cases. The defendant may not waive his or her right to a grand jury. Under the U.S. Constitution, a grand jury is required in both state and federal felony cases, and the defendant may not waive his or her right to a grand jury. Under the U.S. Constitution, a grand jury is required in both state and federal felony cases, but the defendant may waive his or her right to a grand jury.

Which of the following is true regarding the liability of an agent acting within his or her authority on a contract involving an undisclosed principal? Multiple Choice The law will likely hold the agent liable for the agreement. The law will hold the agent liable for the agreement unless the contract the agent had with the principal expressly provided that the agent would not be held liable in such cases. The law will hold the agent liable for the agreement unless the contract the agent had with the principal implicitly or expressly provided that the agent would not be held liable in such cases. The law will hold the agent liable for the agreement unless a contract for under $* is involved, in which case only the principal would be held liable. The law would not hold the agent liable on the agreement.

Which of the following is correct regarding the rights of assignees and assignors? Multiple Choice Assignees do not fill in for the assignor as the legal recipient of contractual duties. Assignees acquire the same rights as those of the assignor. Assignees are entitled to greater contractual protections than those afforded assignors. The obligor may not raise the same defenses for nonperformance to the assignee that he would have been able to raise against the assignor. When an assignor transfers rights to an assignee, the assignor legally retains all rights she previously had to collect on the contract.

If a manager has business transactions in one of the European Union (EU) countries and wants to terminate an agency relationship, he or she would want to have knowledge of which of the following? Multiple Choice Chapter IV of the Agency Relationship Law Chapter VII of the Employment Relationship Law Article VI of the European Union Regulations Article VII of the European Union Regulations Section X10 of the United Nations Agency Regulations

Gloria and Isaac agree that Gloria will sell her baseball card collection worth $*,* to Isaac. Gloria signs her name to the contract and Isaac signs an “X” at the top of the page. Is this signature allowed to represent Isaac’s assent to the contract? Multiple Choice No, an “X” would not be considered a valid signature No, since the “X” is at the top of the page Yes, but only if Isaac always signs his name as an “X” and that can be proven in court Yes, but only if Gloria agrees that the “X” meant Isaac assented to the writing Yes, the signature can be any mark located anywhere on the document if the mark was placed with the intent to function as a signature

Which of the following would not be a claim in tort? Multiple Choice Clyde negligently operates his motor vehicle and causes damages to Allen. Dudley’s tiger escapes and causes injury to Diane. Company X breaches a contract with Company Y and causes damages. Tucker punches Milo and causes him damages. Angel intentionally crashes her van into Hayley’s house and causes damage.

Which of the following states that in the case of multiple assignments of the same right, the first assignee to give notice of assignment to the obligor is the party with rights to the contract? Multiple Choice The first-assignment-in-time rule The last-assignment-in-time rule The English rule The French rule The race-to-the-courthouse rule

If a corporation is being sued by an individual, where is the corporation’s residence considered to be? Multiple Choice The state of incorporation only or the plaintiff’s home state The state in which the corporation has its principal place of business or the state of incorporation The state where the largest amount of the corporation’s employees work Any state in which the corporation does business Any state in which the individual wishes to bring the lawsuit because most corporations do business in every state via the internet

Portraits. Belinda, a famous portrait painter, agreed to paint Harry's portrait for $*,*. She also agreed to paint the portraits of Michelle's two Welsh the Corgi dogs, Baby and Bree. Michelle agreed to pay Belinda $*,* for the portraits. Belinda charged Michelle more because the dogs annoyed her. Belinda met the spoiled dogs, and they really got on her nerves. Plus, she was behind on finishing Harry's portrait. Belinda, therefore, proceeded to assign the right to receive the money for the dog portraits and the duty to paint the dog portraits to her assistant, Fred. He eagerly accepted and painted the portraits. As payment for amounts she owed him for various duties, Belinda also assigned to Fred the right to receive payment from Harry. Neither the contract Belinda had with Harry nor the contract she had with Michelle expressly prohibited assignment or delegation of contractual rights and duties. Belinda finished the portrait of Harry and called him to come and pick it up. Meanwhile, a disgruntled secretary who disliked Belinda told both Michelle and Harry about the agreements with Fred. Michelle was furious and refused to pick up the portrait or pay anyone. Harry likewise refused to pay for his portrait claiming that the right to payment could not be assigned. What would be the most likely result if Fred sues Michelle for the $*,* payment? Multiple Choice Fred will win, but only if Fred did a good job on the portraits. Fred will lose because Michelle's only obligation is to pay Belinda. Fred will win unless Michelle can prove that Fred knew that she did not want him to do the portraits. Fred will lose unless Fred can prove that he did not know that Michelle did not want him to do the portraits. Michelle will win because painting the portrait was personal in nature and could not be delegated.