39. HelpSave & ExitSubmiWhich of the following is a motion that asks the judge to enter a judgment based on the pleadings, affidavits, and other evidence presented prior to trial?Multiple ChoiceMotion in limineMotion for summary judgmentMotion for sanctionsMotion for judgment on the pleadingsMotion for res judicata39 of 50Next >< Prev

Which of the following is a motion that asks the judge to enter a judgement based on the pleadings,…

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Understanding Business

12th Edition

ISBN:9781259929434

Author:William Nickels

Publisher:William Nickels

Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment

Section: Chapter Questions

Problem 1CE

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Is it possible to be used partly for public purpose and partly private purpose without violating the limitation that a tax must be for public purpose?A. No, the purpose shall either be private or public. It cannot be bothB. Yes, The purpose is not important as long as the tax of the property can be accounted forC. No, the purpose to be accomplished by taxation need not be exclusively public. To benefit private individuals will be tantamount to deprivation of property of those who paid the tax without due processD. Yes, The purpose to be accomplished by taxation need not be exclusively public. Although private individuals are directly benefited such as the victims of flood victims, the tax will be valid provided such benefit is only incidental
1. A invested P100,000 in a corporation. How much is the income? Group of answer choices P100,000 P25,000 P30,000 None 2. What is the jurisdiction of the Commissioner of Internal Revenue as regards the interpretation of Tax Laws? Group of answer choices Concurrent Original Concurrent Appellate Exclusive Appellate Exclusive Original 3. It includes any gain from the sale or exchange of property which is not a capital assets. Group of answer choices Ordinary Income Gross Income Gain on Sale of Assets Net Income 4. Shares of stocks traded in stock exchanges are not taxable Group of answer choices True False
Mary Decker is suing the manufacturer of her car becauseof a defect that she believes caused her to have an accident, and kept her out of work for a year. She is suing the com-pany for $3.5 million. The company has offered her a set-tlement of $700,000, of which Mary would receive $600,000 after attorneys’ fees. Her attorney has advisedher that she has a 50% chance of winning her case. If sheloses she will incur attorneys’ fees and court costs of $75,000. If she wins she is not guaranteed her full re-quested settlement. Her attorney believes that there is a 50% chance she could receive the full settlement, in whichcase Mary would get $2 million after her attorney takes hiscut, and a 50% chance that the jury will award her a lesseramount of $1,000,000, of which Mary would get $500,000.Using decision-tree analysis, decide if Mary should suethe manufacturer.
The case of L'Estrange v F Graucob Ltd: Select one: a. Is best known for the legal principles relating to privity of contract b. Is best known for the legal principles relating to conditions and warranties c. Is best known for the legal principles relating to incorporation of terms by signature d. Is best known for the legal principles relating to interpreting exemption clauses
You may have seen the very popular Broadway show or movie Les Misérables, based on Victor Hugo’s epic nineteenthcentury French novel of the same name. The main character, Jean Valjean, steals a loaf of bread to feed his sister’sstarving family and is arrested and sent to prison. If we apply conventional reasoning and principles of law to his crime,Valjean genuinely is guilty as charged and we do not need to consider any extenuating circumstances. However, in aKantian ethical framework, we would take into account Valjean’s motives as well as his duty to treat his sister’s family asends in themselves who deserve to live. Valjean’s fate demonstrates what might occur when there is a gap between thelegal and the moral. Clearly, Valjean broke the law by stealing the bread. However, he acted morally by correcting awrong and possibly saving human lives. According to Kantian ethics, Valjean may have been ethical in stealing bread forhis family, particularly because the action was grounded in…
Under the frustration of purpose doctrine, performance is excused when: Group of answer choices 1. something that is essential to the promisor's performance is destroyed through no fault of the promisor, but its substitute is available. 2. statutes and legislation make the performance more difficult. 3. the promisor impliedly assumes the risk that the event would occur. 4. events occur after the formation of the contract that would make the return performance of the other party worthless to the promisor.
If the decedent owned property in other states, a separate, __________ probate might have to be opened-and a personal representative appointed—in each of those states. Multiple Choice leasehold contemporaneous statutory ancillary Sandy incurred a massive debt in medical expenses owed to a local hospital. She simply did not have the assets or income to pay the bill. Therefore, she contacted the hospital and requested a reduction in the bill, a payment plan and the opportunity to work off part of the bill by working at the hospital cafeteria. The hospital agreed. This is an example of a(n) Multiple Choice Judicial levy Workout Credit hearing Mediation A workout method that generates revenue with new innovations and modifying the company’s image or mission is Multiple Choice Renewal Replacement Retrenchment Repositioning
Determine whether the statement is legally correct (true) or not (false). 1. A sale with a right to repurchase is an example of a sale where the object is subject to a suspensive condition. 2. Gross inadequacy of price and failure to pay the purchase price gives the vendor the remedy of annulment of sale as against the vendee.
What was the correct interpretation of condition 4 in DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423? Choose one of the following. A plan containing the 9 lots being sold should have already been lodged for registration at the time of contract. The plan attached to the contract containing 35 lots could be registered in 2 stages, so long as the plan already lodged at the time of contract contained the 9 lots being sold. The plan attached to the contract containing 35 lots should have already been lodged for registration at the time of contract. The plan attached to the contract containing 35 lots could be lodged within 14 days of the contract being signed.
Amy is caring for her aging mother, Milly. Milly has a number of health issues. She has given Amy a power of attorney so that Amy can help pay her bills and handle her business affairs. Amy is concerned that Milly will eventually use up all her assets, including losing her house, to provide for her health care needs. To protect against that eventuality, Amy intends to use her power of attorney to put Milly’s house into Amy’s name. True or False: Amy’s transfer of the house is a breach of her fiduciary duty as Milly’s agent.
In Hoyt’s Ltd v Spencer (1919) the Court recognised various situations where the Parol Evidence Rule could be avoided, one of which was to prove the existence of a Collateral Contract. Give a case summary of the Hoyts case in which you explain (a) The facts of the case, (b) Identify the obiter dicta, (c) Explain the legal precedent, and finally, (d) Explain the outcome.
Trevor Rowe a well known businessman saw an article in the gleaner that indicated that he was a jail bird. As a result, he lost customers. He wrote to the gleaner, seeking a retraction of the story, and found out that there was in fact another man in the community with the same name who had gone to jail. What is the position of either party? The Gleaner can prevent litigation by offering to make amends. The Gleaner doesn’t have to retract the story as it was true for one of the men. There is no action as the story was already published. The businessman can go straight to Court. There is no action at there are two persons with the same name.

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Help Save & Exit Submi Which of the following is a motion that asks the judge to enter a judgment based on the pleadings, affidavits, and other evidence presented prior to trial? Multiple Choice Motion in limine Motion for summary judgment Motion for sanctions