Deck 11: Addressing Legal Issues and Managing Risk

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Question
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) It can be costly.
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Question
Some contracts specify that conflicts may be settled through ________ instead of court.

A) negotiation
B) coercion
C) arbitration
D) small claims
Question
Which of the following are not usually not-for-profit organizations?

A) trade associations
B) charitable foundations
C) churches
D) book stores
Question
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) Both A and B.
Question
Why are contracts useful to business owners?
Question
The limited liability company (LLC) combines the best features of partnerships and corporations and can be an excellent choice for small business with a limited number of owners.
Question
A(n) ________ is an agreement between two or more parties that is enforceable by law.

A) trust
B) contract
C) understanding
D) None of the above.
Question
Tax-exempt, nonprofit corporations ________.

A) cannot make a profit
B) do not have legal liability
C) are set up with a specific mission to improve society
D) pay dividends more often than for-profit corporations
Question
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) disasters
Question
The time period in which legal action may be taken is the ________.

A) limit of liability
B) statute of legal obligations
C) statute of limitations
D) None of the above.
Question
Contract drafting and review is something the business owner can do and should do using law books at the local library.
Question
How is a legal entity, such as a corporation, similar to a person? If you owned a business, why might you want it to be incorporated?
Question
The main disadvantage of corporations is that corporate income is ________.

A) taxed only once
B) always high
C) taxed twice
D) taxed three times
Question
In a corporation, all profits go to ________.

A) reduce the surplus
B) the owners and the shareholders
C) the stockholders as salaries
D) the partners according to the terms of the agreement
Question
In limited liability companies ________.

A) income is taxed only once, as the personal earnings of members
B) personal assets of the owners are left legally unprotected
C) income is never taxed
D) income is taxed twice, corporately and personally
Question
The number of stockholders in a Subchapter S Corporation is limited to ________.

A) 75
B) 50
C) 100
D) 250
Question
An injured party whose rights in a contract have been breached can bring a(n) ________ against the other party.

A) arbitration
B) motion
C) mediation
D) lawsuit
Question
Compare the legal structure implications of a sole proprietorship and a Subchapter S Corporation for the seven parameters of 1) ownership, 2) liability, 3) taxation issues, 4) profit distribution, 5) voting on policy, 6) life of the legal structure, and 7) capitalization.
Question
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) a large business
D) if it were its owners and employees
Question
________ are the building blocks of business.

A) Letters of agreements
B) Contracts
C) Personal relationships
D) Customer services
Question
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) $240,000 less co-payment
Question
Obtain a trademark in order to ________.

A) protect your logo
B) register your business name
C) protect all your intellectual property
D) protect your business name
Question
To protect against lawsuits brought by anyone injured by your product, you will need to buy ________.

A) liability insurance
B) business insurance
C) casualty insurance
D) an umbrella policy
Question
________ insurance is designed to cover you in the event that a business (its employees) fails to do something that causes harm to a customer.

A) Negligence
B) Errors and omissions
C) Product liability
D) Casualty
Question
What is used to identify and distinguish the source of a service rather than a product?

A) sales mark
B) trademark
C) service mark
D) intellectual property
Question
________ insurance compensates employees for loss of income and for medical expenses due to job-related injuries.

A) Short-term disability
B) Disability
C) Injury
D) Worker's compensation
Question
Of the three types of bankruptcies, Chapter 7 or Liquidation is the best choice to take.
Question
Explain the difference between a copyright and a trademark and how each is useful.
Question
Explain the three types of insurance most states require business owners to carry.
Question
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) zoning
Question
________ 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/carrying cost
B) Insurance/premium
C) Insurance/dividend
D) Insurance/maintenance fee
Question
A low deductible will yield a ________.

A) lower premium
B) higher coverage plan
C) has no impact on the premium
D) higher premium
Question
The form of protection offered under U.S. law to the authors of "original works of authorship" is a(n) ________.

A) patent
B) electronic right
C) trademark
D) copyright
Question
Permits, licenses, or certificates may be required for your business. Local, county, and state government offices, as well as chambers of commerce, are good places to contact for this information.
Question
A(n) ________ is an official document that gives you the right to carry out a specific activity, such as an outdoor festival.

A) license
B) certificate
C) permit
D) entitlement
Question
Infringement of intellectual property is ________.

A) a business tactic
B) a crime
C) profitable
D) legal in some states
Question
You do not need a patent unless you ________.

A) have invented a product that you intend to market yourself or sell to a manufacturer
B) believe that someone else could successfully sell the product by copying your invention
C) Both of the above.
D) None of the above.
Question
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) co-insurance
Question
A copyright protects a songwriter, author, or visual artist. It keeps someone else from copying or appropriating the work.
Question
If you invent something and don't patent it, it falls into the public domain, meaning that ________.

A) you can sell your invention publicly without paying the U.S. Patent Office
B) anyone can manufacture your invention and profit from selling it without paying you
C) you can sell the right to manufacture the invention
D) you can save a lot of money
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Deck 11: Addressing Legal Issues and Managing Risk
1
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) It can be costly.
A
2
Some contracts specify that conflicts may be settled through ________ instead of court.

A) negotiation
B) coercion
C) arbitration
D) small claims
C
3
Which of the following are not usually not-for-profit organizations?

A) trade associations
B) charitable foundations
C) churches
D) book stores
D
4
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) Both A and B.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
5
Why are contracts useful to business owners?
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
6
The limited liability company (LLC) combines the best features of partnerships and corporations and can be an excellent choice for small business with a limited number of owners.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
7
A(n) ________ is an agreement between two or more parties that is enforceable by law.

A) trust
B) contract
C) understanding
D) None of the above.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
8
Tax-exempt, nonprofit corporations ________.

A) cannot make a profit
B) do not have legal liability
C) are set up with a specific mission to improve society
D) pay dividends more often than for-profit corporations
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
9
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) disasters
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
10
The time period in which legal action may be taken is the ________.

A) limit of liability
B) statute of legal obligations
C) statute of limitations
D) None of the above.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
11
Contract drafting and review is something the business owner can do and should do using law books at the local library.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
12
How is a legal entity, such as a corporation, similar to a person? If you owned a business, why might you want it to be incorporated?
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
13
The main disadvantage of corporations is that corporate income is ________.

A) taxed only once
B) always high
C) taxed twice
D) taxed three times
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
14
In a corporation, all profits go to ________.

A) reduce the surplus
B) the owners and the shareholders
C) the stockholders as salaries
D) the partners according to the terms of the agreement
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
15
In limited liability companies ________.

A) income is taxed only once, as the personal earnings of members
B) personal assets of the owners are left legally unprotected
C) income is never taxed
D) income is taxed twice, corporately and personally
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
16
The number of stockholders in a Subchapter S Corporation is limited to ________.

A) 75
B) 50
C) 100
D) 250
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
17
An injured party whose rights in a contract have been breached can bring a(n) ________ against the other party.

A) arbitration
B) motion
C) mediation
D) lawsuit
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
18
Compare the legal structure implications of a sole proprietorship and a Subchapter S Corporation for the seven parameters of 1) ownership, 2) liability, 3) taxation issues, 4) profit distribution, 5) voting on policy, 6) life of the legal structure, and 7) capitalization.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
19
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) a large business
D) if it were its owners and employees
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
20
________ are the building blocks of business.

A) Letters of agreements
B) Contracts
C) Personal relationships
D) Customer services
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
21
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) $240,000 less co-payment
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
22
Obtain a trademark in order to ________.

A) protect your logo
B) register your business name
C) protect all your intellectual property
D) protect your business name
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
23
To protect against lawsuits brought by anyone injured by your product, you will need to buy ________.

A) liability insurance
B) business insurance
C) casualty insurance
D) an umbrella policy
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
24
________ insurance is designed to cover you in the event that a business (its employees) fails to do something that causes harm to a customer.

A) Negligence
B) Errors and omissions
C) Product liability
D) Casualty
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
25
What is used to identify and distinguish the source of a service rather than a product?

A) sales mark
B) trademark
C) service mark
D) intellectual property
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
26
________ insurance compensates employees for loss of income and for medical expenses due to job-related injuries.

A) Short-term disability
B) Disability
C) Injury
D) Worker's compensation
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
27
Of the three types of bankruptcies, Chapter 7 or Liquidation is the best choice to take.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
28
Explain the difference between a copyright and a trademark and how each is useful.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
29
Explain the three types of insurance most states require business owners to carry.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
30
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) zoning
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
31
________ 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/carrying cost
B) Insurance/premium
C) Insurance/dividend
D) Insurance/maintenance fee
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
32
A low deductible will yield a ________.

A) lower premium
B) higher coverage plan
C) has no impact on the premium
D) higher premium
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
33
The form of protection offered under U.S. law to the authors of "original works of authorship" is a(n) ________.

A) patent
B) electronic right
C) trademark
D) copyright
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
34
Permits, licenses, or certificates may be required for your business. Local, county, and state government offices, as well as chambers of commerce, are good places to contact for this information.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
35
A(n) ________ is an official document that gives you the right to carry out a specific activity, such as an outdoor festival.

A) license
B) certificate
C) permit
D) entitlement
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
36
Infringement of intellectual property is ________.

A) a business tactic
B) a crime
C) profitable
D) legal in some states
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
37
You do not need a patent unless you ________.

A) have invented a product that you intend to market yourself or sell to a manufacturer
B) believe that someone else could successfully sell the product by copying your invention
C) Both of the above.
D) None of the above.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
38
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) co-insurance
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
39
A copyright protects a songwriter, author, or visual artist. It keeps someone else from copying or appropriating the work.
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
40
If you invent something and don't patent it, it falls into the public domain, meaning that ________.

A) you can sell your invention publicly without paying the U.S. Patent Office
B) anyone can manufacture your invention and profit from selling it without paying you
C) you can sell the right to manufacture the invention
D) you can save a lot of money
Unlock Deck
Unlock for access to all 40 flashcards in this deck.
Unlock Deck
k this deck
locked card icon
Unlock Deck
Unlock for access to all 40 flashcards in this deck.