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- While on a hike with a tour group in the mountains, Derek gets mauled by a bear. No previous reports of bears in the area had been made. Derek wants to hold the tour company liable for his injury. Which of the following is most likely true? A. Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack. B. The company is not at fault because it does not owe Derek a duty of care. C. Because most people would not expect something as dangerous as a bear encounter while on a hike, an assumption of risk defense will probably not protect the tour company. D. Derek assumed the risk of a bear attack by joining the tour group, so he cannot hold the tour company liable.Which of the following statements about the use of a regular (nonspringing) durable power of attorney are correct? The authority of the attorney-in-fact (agent) continues to be legally exercisable even if the principal becomes disabled or incapacitated at a later date. It is less expensive than a conservatorship for management of an incompetent person's property. Like other techniques used to manage an incompetent person's property, the title to assets is transferred away from the incompetent person. This document is irrevocable.Kathleen works for an accounting firm, Securate, as an auditor. Kathleen’s firm provides many services including auditing services, investment consulting, and tax assistance. Kathleen is working on an audit for a company that Securate also does consulting for. Which of the following is true? Kathleen may not assist in consulting services for the company unless she is an officer in the company. Kathleen may assist in consulting services for the company without restriction. Kathleen may not assist in consulting for the company.
- Which of the following is an example of a ghost employee?A. A fictitious person who the fraudster creates bills for on a contract basisB. A current employee who is compensated at a rate higher than the correct paygradeC. A former employee of a company who attempts to enter into contracts on thecompany’s behalfD. An actual person who does not work for a company but is nevertheless addedto that company’s payrollIn an e-mail offering to sell amplifiers to Gina for her theater, Dick describes the 120-watt amplifiers as “210 watts per channel.” This is fraudulent misrepresentation if a. the number of watts is a material fact b. Dick intends to deceive Gina c. Gina relies on the description d. all of the above are trueCasey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true? If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted. Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway. If the plaintiff meets a "clear and convincing" burden of proof, Casey will be found guilty. The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
- During an embezzlement trial, the plaintiff’s attorney is performing a direct examination of a witness. The attorney asks the witness, “What happened when you asked your supervisor what they knew about the incident?” The witness replies, “my supervisor said that Mr. Smith had embezzled money from the company.” Smith is the sole defendant in the case. Which of the following is the most accurate statement concerning the witness’s response? A. The witness’s response is hearsay, but it is admissible because a hearsay exception applies. B. The witness’s response is not hearsay, and it is admissible. C. The witness’s response is not hearsay, but it is inadmissible because it is unreliable. D. The witness’s response is inadmissible hearsayAn insurer that writes coverage sends out circulars to potential insureds stating their leading competitor is undergoing a method conduct examination by the department of insurance and that their competitor will probably lose it’s license due to the examination report. The insurer may be guilty ofA. SlanderB. Felonious assaultC. DefamationD. Improper solicitation1. A ________ is a small percentage or fixed amount of a health care fee that many employees are required to pay. A. Co-op payment B. Co-percentage C. Co-payment D. None of these 2. A "right-to-revise" policy: A. Is a legal requirement B. Means an employee can quit at any time C. Means a company can terminate an employee at any time D. Preserves a company's right to update its policies 3. When asked to sign a performance evaluation: A. Sign the document, even if you don't agree with its contents B. Sign the document, even if you don't agree with its contents, but include an emotional written response C. Sign the document, even if you don't agree with its contents, but include factual evidence supporting your concerns D. Do not sign the document if you disagree with its contents
- Mike is an agent making purchasing orders for Tami. Tami passes away before the agency contract is voluntarily ended. Mike has already done most of the work Tami assigned. What is the result related to the status of the agency? A. Agency is terminated by incapacity B. Agency is terminated by fulfillment C. Agency is terminated by law D. Agency is not terminated; terms of the agency must be resolved by Tami's estate2. Sahar was not satisfied with the reply she received from Diam after she submitted a claim to contest her high water bill for the month of April. As a result, she wrote back to Diam to explain why she deserves a more satisfactory response. In this scenario, Sahar wrote a: * A. persuasive request for action B. persuasive presentation of ideas C. persuasive claim and request for adjustment D. persuasive sales and marketing message E. persuasive performance reviewStatement 1: A warranty is a written guarantee issued to the purchaser of an article by its manufacturer, promising to repair or replace it if necessary, within a specified period of time. Statement 2: Estimated warranty liabilities can be accounted for under accrual and expense as incurred approach. Both statements are correct. Only the second statement is correct. Neither of the statement is correct. Only the first statement is correct.