Deck 16: Addressing Legal Issues and Managing Risk
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Deck 16: Addressing Legal Issues and Managing Risk
1
If you purchase $250,000 worth of insurance to protect your restaurant, with a $10,000 deductible, how much money are you entitled to receive as a payout if a fire destroys your store, which is valued at $250,000?
A) $240,000
B) $10,000
C) $250,000
D) $350,000
E) $290,000
A) $240,000
B) $10,000
C) $250,000
D) $350,000
E) $290,000
A
2
The four "A's" of a successful contract include: ________.
A) Avoid misunderstanding and assure work
B) Assure payment and avoid liability
C) Assess risk and analyze profit
D) Assume parties will abide by the contract
E) Both A and B
A) Avoid misunderstanding and assure work
B) Assure payment and avoid liability
C) Assess risk and analyze profit
D) Assume parties will abide by the contract
E) Both A and B
E
3
________ insurance is designed to cover in the event that a business's (its employees') failure to do something that causes harm to a customer.
A) Errors and omissions
B) Negligence
C) Product liability
D) Workers Comp
E) Flood
A) Errors and omissions
B) Negligence
C) Product liability
D) Workers Comp
E) Flood
A
4
The time period in which legal action may be taken is the ________.
A) Statute of limitations
B) Statute of legal obligations
C) Limit of liability
D) Limit of collection
E) None of the above
A) Statute of limitations
B) Statute of legal obligations
C) Limit of liability
D) Limit of collection
E) None of the above
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5
Some contracts specify that conflicts may be settled through ________ instead of court.
A) Arbitration
B) Negotiation
C) Coercion
D) Litigation
E) None of the above
A) Arbitration
B) Negotiation
C) Coercion
D) Litigation
E) None of the above
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6
The number of stockholders in a Subchapter S Corporation is limited to ________.
A) 100
B) 50
C) 250
D) 12
E) 25
A) 100
B) 50
C) 250
D) 12
E) 25
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7
Infringement of intellectual property is ________.
A) A crime
B) Profitable
C) A business tactic
D) Commonplace
E) Acceptable
A) A crime
B) Profitable
C) A business tactic
D) Commonplace
E) Acceptable
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8
An injured party whose rights in a contract have been breached can bring a ________ against the other party.
A) Lawsuit
B) Motion
C) Mediation
D) Judgment
E) Claim
A) Lawsuit
B) Motion
C) Mediation
D) Judgment
E) Claim
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9
________ protects people from having property or wealth stolen, lost, or destroyed. There are many kinds, and in order to purchase it you pay a monthly, quarterly, or annual ________.
A) Insurance, premium
B) Insurance, dividend
C) Insurance, carrying cost
D) Protection, dividend
E) Coverage, carrying cost
A) Insurance, premium
B) Insurance, dividend
C) Insurance, carrying cost
D) Protection, dividend
E) Coverage, carrying cost
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10
A good contract will spell out ________, or unforeseeable "acts of God" beyond anyone's control, for which neither party is responsible.
A) Contingencies
B) Liabilities
C) Amendments
D) Alterations
E) Modifications
A) Contingencies
B) Liabilities
C) Amendments
D) Alterations
E) Modifications
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11
The form of protection offered under U.S. law to the authors of "original works of authorship" is a(n) ________.
A) Copyright
B) Electronic right
C) Patent
D) Right
E) Charter
A) Copyright
B) Electronic right
C) Patent
D) Right
E) Charter
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12
A low deductible will yield a ________.
A) Higher premium
B) Lower premium
C) The deductible has no impact on the premium.
D) Disaster
E) Savings in all cases
A) Higher premium
B) Lower premium
C) The deductible has no impact on the premium.
D) Disaster
E) Savings in all cases
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13
Federal, state and local ________ may apply to a business and may affect what it can do, how it can do it, and when and where it can operate.
A) Regulations
B) Grants
C) Taxes
D) All of the above
E) None of the above
A) Regulations
B) Grants
C) Taxes
D) All of the above
E) None of the above
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14
Which of the following is not necessary for a contract to be binding?
A) Signing parties must have their signatures notarized.
B) Signing parties must exchange something of value or agree not to do something they are legally entitled to do.
C) Both parties must sign the contract.
D) Witnesses must be present.
E) All of the above
A) Signing parties must have their signatures notarized.
B) Signing parties must exchange something of value or agree not to do something they are legally entitled to do.
C) Both parties must sign the contract.
D) Witnesses must be present.
E) All of the above
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15
In a corporation, all profits go to ________.
A) The owners and the shareholders
B) Reduce the surplus
C) The stockholders as salaries
D) The partners according to the terms of the agreement
E) Friends and family
A) The owners and the shareholders
B) Reduce the surplus
C) The stockholders as salaries
D) The partners according to the terms of the agreement
E) Friends and family
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16
________ are the building blocks of business.
A) Contracts
B) Personal relationships
C) Letters of agreements
D) Networks
E) Loans
A) Contracts
B) Personal relationships
C) Letters of agreements
D) Networks
E) Loans
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17
You do not need a patent unless you ________.
A) Believe that someone else could successfully sell the product by copying your invention
B) Have invented a product that you intend to market yourself or sell to a manufacturer
C) Both A and B
D) Want to get sued
E) None of the above
A) Believe that someone else could successfully sell the product by copying your invention
B) Have invented a product that you intend to market yourself or sell to a manufacturer
C) Both A and B
D) Want to get sued
E) None of the above
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18
What is used to identify and distinguish the source of a service rather than a product?
A) Service mark
B) Trademark
C) Sales mark
D) All of the above
E) None of the above
A) Service mark
B) Trademark
C) Sales mark
D) All of the above
E) None of the above
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19
The main disadvantage of corporations is that corporate income is ________.
A) Taxed twice
B) Always high
C) Taxed only once
D) All of the above
E) None of the above
A) Taxed twice
B) Always high
C) Taxed only once
D) All of the above
E) None of the above
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20
Obtain a trademark in order to ________.
A) Protect your logo
B) Protect all your intellectual property
C) Register your business name
D) Pay your taxes
E) Get new customers
A) Protect your logo
B) Protect all your intellectual property
C) Register your business name
D) Pay your taxes
E) Get new customers
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21
Which of the following are not usually not-for-profit organizations?
A) Book stores
B) Trade associations
C) Charitable foundations
D) Churches
E) Educational institutions
A) Book stores
B) Trade associations
C) Charitable foundations
D) Churches
E) Educational institutions
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22
A ________ is the amount of loss or damage that you agree to cover before any insurance coverage takes over.
A) Deductible
B) Carrying cost
C) Premium
D) Policy
E) Liability
A) Deductible
B) Carrying cost
C) Premium
D) Policy
E) Liability
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23
If you invent something and don't patent it, it falls into the public domain, meaning that ________.
A) Anyone can manufacture your invention and profit from selling it without paying you
B) You can sell the right to manufacture the invention
C) You can sell your invention publicly without paying the U.S. Patent Office
D) All of the above
E) None of the above
A) Anyone can manufacture your invention and profit from selling it without paying you
B) You can sell the right to manufacture the invention
C) You can sell your invention publicly without paying the U.S. Patent Office
D) All of the above
E) None of the above
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24
To protect against lawsuits brought by anyone injured by your product, you will need to buy ________.
A) Liability insurance
B) Casualty insurance
C) Business insurance
D) Life insurance
E) Fire insurance
A) Liability insurance
B) Casualty insurance
C) Business insurance
D) Life insurance
E) Fire insurance
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25
Corporations are considered to be legal persons or entities.
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26
In limited liability companies ________.
A) Income is taxed only once, as the personal earnings of members
B) Income is taxed twice, corporately and personally
C) Personal assets of the owners are left legally unprotected
D) Income is never taxed
E) Income is overtaxed
A) Income is taxed only once, as the personal earnings of members
B) Income is taxed twice, corporately and personally
C) Personal assets of the owners are left legally unprotected
D) Income is never taxed
E) Income is overtaxed
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27
Bankruptcy is the legal process in which an individual or business declares the inability or impaired ability to pay debts as they come due.
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28
A ________ is an official document that gives you the right to carry out a specific activity, such as an outdoor Festival.
A) Permit
B) Certificate
C) Warrant
D) License
E) Pass
A) Permit
B) Certificate
C) Warrant
D) License
E) Pass
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29
It is not necessary to have an attorney look at a contract prior to signing it.
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30
A copyright is the form of legal protection offered under U.S. law to the authors of "original works of authorship," including literary, dramatic, musical, and artistic works.
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31
A service mark is inferior to a trademark.
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32
The Limited Liability Company combines the worst features of partnerships and corporations and can be a poor choice for small businesses with a limited number of owners.
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33
Work-made-for-hire means you are giving up the rights to your work.
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34
When putting together a contract, clearly state everything that will be done by all parties, even what is obvious.
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35
________ insurance compensates employees for loss of income and for medical expenses due to job-related injuries.
A) Worker's compensation
B) Injury
C) Disability
D) Liability
E) Life
A) Worker's compensation
B) Injury
C) Disability
D) Liability
E) Life
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36
Corporations may not issue stock to raise money.
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37
Every corporation is recognized and treated under the law as ________.
A) An entity, much like a person, that has expenses and earnings
B) A small business
C) If it were its owners and employees
D) A large business
E) A stockholder
A) An entity, much like a person, that has expenses and earnings
B) A small business
C) If it were its owners and employees
D) A large business
E) A stockholder
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38
A 501(c)(8) is a tax-exempt legal structure that can receive charitable donations from individuals, businesses, the government, and philanthropic foundations.
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39
Which is not a potential penalty for breaking a contract?
A) You may lose a share of the ownership of your business to the other party who signed the contract.
B) You may be sued in a court of law by the other party who signed the contract.
C) A court may order you to pay damages to the other party who signed the contract.
D) All of the above.
E) None of the above.
A) You may lose a share of the ownership of your business to the other party who signed the contract.
B) You may be sued in a court of law by the other party who signed the contract.
C) A court may order you to pay damages to the other party who signed the contract.
D) All of the above.
E) None of the above.
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40
Tax-exempt, nonprofit corporations ________.
A) Are set up with a specific mission to improve society
B) Do not have legal liability
C) Pay dividends more often than do for-profit corporations
D) Do not have boards of directors
E) Pay more taxes than do other entities
A) Are set up with a specific mission to improve society
B) Do not have legal liability
C) Pay dividends more often than do for-profit corporations
D) Do not have boards of directors
E) Pay more taxes than do other entities
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41
A partnership consists of two or more owners who make the decisions for the business together and share the profits, losses, assets, and liabilities.
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42
Why are contracts useful to business owners?
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43
What is the Law of Agency?
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44
How is a legal entity, such as a corporation, similar to a person?
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45
Product liability insurance covers the risks in case your product harms someone.
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46
The power of a contract is that, once the individuals or other entities involved have signed it, they are obligated to comply with its terms and conditions or risk being sued and penalized according to the contract terms, or in a court of law.
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47
An advantage of sole proprietorship is that it is an easy form of business to start.
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48
A contract can protect you, regardless of whether you trust the person or not.
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49
Explain the difference between a copyright and a trademark and how each is useful.
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50
What is a Subchapter S corporation?
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