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BA3301 exam 3




Question;Question 1A person who is given power of attorney is called a/an______________.Answerattorney-at-lawattorney-in-factfactorgeneral agent2 points Question 2The Principal and Agent have a/an ________________relationship with each other.Answerarms lengthstatutoryfiduciaryequitable2 points Question 3If the agent dies, the agency agreement terminates by operation of law.AnswerTrueFalse2 points Question 4An agent?s knowledge is imputed to the principal.AnswerTrueFalse2 points Question 5A principal whose identity is known to a third party is a disclosed principal.AnswerTrueFalse2 points Question 6An agent who is wrongfully terminated may sue the principal for damages.AnswerTrueFalse2 points Question 7Bill hired Acme Paving to pave his driveway. Acme is Bill?s __________________.Answerbrokerindependent contractorfactorspecial agent2 points Question 8An agent will not be indemnified for injuries caused to third parties if the agent?s negligence caused the injury.AnswerTrueFalse2 points Question 9Masters and servants have only joint liability for torts committed by the servant in the course of his employment.AnswerTrueFalse2 points Question 10Which of the following is not an element of ratification?AnswerThe principal was fully disclosed at the time the contract was formed.The principal is aware of all of the terms of the agreement.The third party has not withdrawn from the contract.All of the above are requirements for ratification.2 points Question 11Agents of undisclosed principals are entitled to be indemnified if held personally liable on contracts that were within the scope of their authority.AnswerTrueFalse2 points Question 12Whether 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 ______.Answerfact?judgelaw?judgefact?jurylaw?jury2 points Question 13The only principal who can ratify a contract is a/an _____________ principal.Answerdisclosedundisclosedpartially disclosedBoth a and c can ratify a contract.2 points Question 14If a principal ratifies the unauthorized act of an agent, he releases the agent from any liability for the unauthorized act.AnswerTrueFalse2 points Question 15A master can normally avoid liability for damages caused by a servant if he can show that the servant misunderstood his instructions.AnswerTrueFalse2 points Question 16A person who breaches a duty that is neither a contractual duty nor a crime, he commits a ____________.Answertortmisdemeanormalum in semalum prohibitum2 points Question 17Which federal statute sets standards for employee pension and benefits plans?AnswerThe Fair Labor Standards ActThe Employee Retirement Income Security ActThe National Labor Relations ActThe Landrum-Griffin Act2 points Question 18The 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.AnswerTrueFalse2 points Question 19What must an employee do inorder to collect workers compensation?AnswerSuffer an injury that arose out of his employmentBe included in the category of workers entitled to workers compensationNot be out of work for more than ten daysBoth a and b2 points Question 20An employee cannot be terminated under an employment at will contract for refusing to commit an illegal act.AnswerTrueFalse2 points Question 21An employer whose termination of an at-will employee violates a public policy is liable to the employee for _______.Answerunpaid back pay and benefitspunitive damagesdamages for pain and sufferingall of the above2 points Question 22Which federal statute regulates minimum wages, overtime and the employment of minors?AnswerEmployee Retirement Income Security ActThe National Labor Relations ActThe Fair Labor Standards ActThe Taft-Hartley Act2 points Question 23When workers protest a management policy by refusing voluntary overtime and arranging for selected workers to call in sick, they are engaging in a ________.Answerstrikelock outjob actionboycott2 points Question 24An employer who prevents employees from coming to work in an effort to accelerate contract negotiations between management and union leadership engages in a/an_______.Answerboycottjob actionlockoutstrike2 points Question 25Courts provide administrative agencies significant discretion to ________.Answerregulate in their area of expertiseoverturn judicial precedentdisregard contractual languageinterpret the U.S. Constitution2 points Question 26A subpoena _______ is an order from an administrative agency compelling an unwilling witness to testify under oath at an administrative agency proceeding.Answerduces tecumad testificandumad hocper se2 points Question 27Administrative agency action will be ______ if constitutional rights were infringed upon or other aspects of the Constitution were not followed.Answerdeferred tostruckadoptedmodified2 points Question 28The requirement that a person who wishes to sue show injury is called _______.Answervenuejurisdictionclaim preclusionstanding2 points Question 29The party against whom an administrative complaint is filed is the _____, who is afforded the right to respond to the complaint in writing.Answerpetitionerappellantplaintiffrespondent2 points Question 30Administrative agencies are strictly guided by the separation of powers doctrine.AnswerTrueFalse2 points Question 31Which 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?AnswerClear and convincing evidence standardSubstantial factor testArbitrary and capricious testThe preponderance of the evidence standard2 points Question 32What is the enactment by Congress of a statute creating a federal administrative agency called?Answerfederal authorizationenabling legislation.checks and balancescongressional intent2 points Question 33The Fair and Accurate Credit Transaction Act attempts to reduce the impact on individuals who are the target of which of the following?AnswerUnfair lending proceduresDeceptive advertisingIdentify theftInterference with business relations2 points Question 34The ________ imposes duties on creditors who wish to extend credit, primarily in the area of making disclosures to potential debtors.AnswerSherman ActTruth in Lending ActClayton ActFair Trade Act2 points Question 35Under certain circumstances, a consumer may be incarcerated for nonpayment of a debt.AnswerTrueFalse2 points Question 36The FTC is given wide discretion by the courts in determining when advertising is deceptive.AnswerTrueFalse2 points Question 37Congress has not yet been active in generating laws aimed at labeling and packaging.AnswerTrueFalse2 points Question 38Congress has enacted legislation designed to prevent debt collectors from acting in an unconscionable fashion when attempting to collect a debt.AnswerTrueFalse2 points Question 39The most important regulation associated with the Truth in Lending Act is _______, which mandates certain disclosures be made for credit arrangements.AnswerRegulation ZFair Trade ActEqual Protection ActSherman Act2 points Question 40The Fair Credit Billing Act provides a mechanism for consumers to remedy errors received on which of the following?AnswerCredit card billsLoan applicationsBank statementsFinancial statements2 points Question 41The stated goal of federal environmental laws is to create air that is entirely free of all types of smoke.AnswerTrueFalse2 points Question 42For recently built industrial plants, the EPA established performance standards based on the ________ control technology capable of restraining the extent of pollution in the air.Answerleast restrictivebest availableleast burdensomehighest cost2 points Question 43A government permit that allows an industrial polluter to discharge limited amounts of pollutants into navigable waters is a ________.Answervarianceexemptiondischarge permitpollution pass2 points Question 44Under 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.AnswerTrueFalse2 points Question 45A manifest system is created under the RCRA to track the entire life of toxic waste.AnswerTrueFalse2 points Question 46The EPA is the only federal regulatory agency devoted to environmental protection.AnswerTrueFalse2 points Question 47The Clean Water Act applies to navigable waters and where waste products are released from a non-point source.AnswerTrueFalse2 points Question 48The EPA may regulate, but it is not authorized to assess penalties for polluters who fail to meet emission limits.AnswerTrueFalse2 points Question 49In the case of Grabowski v. Skeechers, Inc, the test that Skeechers use for its claims was faulty because:AnswerThe doctor who conducted the test was marrieds to a skeechers marketing representative.The research did not support the findings the doctor who conducted them came up with.The doctor who conducted the test claimed an independent study but was paid to do the research by Skeechers.All of these answers are correct.2 points Question 50Cruise ship passengers produce about a ton of garbage a day.AnswerTrueFalse2 points Question 51I 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.AnswerTrueFalse


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