Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 5, Problem 4CO
1)
Summary Introduction
To identify: The questions of law defined by a court of law in conducting an order of an administrative agency or review of rule.
2)
Summary Introduction
To identify: The three standards of legal review of truthful determination taken by administrative agencies.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solutionStudents have asked these similar questions
Substantive law defines and creates legal rights and obligations in such matters as real property, torts, crimes, family, and others.
True or False
Which of the following cases falls within the jurisdiction of the Court of Tax Appeals? *
A. Question of whether or not to impose a deficiency tax assessment upon a taxpayer
B. Criminal action for violation of the NIRC
C. Appeal from undisputed tax assessment
D. Action for refund of real property tax.
As a student, how do you explain this sentences?
Section 5. The Board shall prescribe such rules and regulations as may be necessary or proper in carrying out the provisions of this Act. Any rule or regulation prescribed hereunder may contain such classifications and differentiations as in the judgment of the Board are necessary or proper to effectuate the purposes of this Act or to prevent circumvention or evasion, or to facilitate the enforcement of this Act, or any rule or regulation issued thereunder.
Chapter 5 Solutions
Smith and Roberson’s Business Law
Knowledge Booster
Similar questions
- Brian Cleary and Rita Burke filed a suit against cigarette maker Philip Morris USA, Inc., seeking class-action status for a claim of deceptive advertising. Cleary and Burke claimed that “light” cigarettes, such as Marlboro Lights, were advertised as safer than regular cigarettes, even though the health effects are the same. They contended that the tobacco companies concealed the true nature of light cigarettes. Philip Morris correctly claimed that it was authorized by the government to advertise cigarettes, including light cigarettes. Assuming that is true, should the plaintiffs still be able to bring a deceptive advertising claim against the tobacco company? Why or why not?arrow_forwardOlga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?arrow_forwardSubject: Business Law and Regulations Topic: Nonstock corporation ABC Foundation engaged in providing feeding programs to homeless children and giving of food packages to victims of calamities using the funds of the foundation for this purpose. Mr. X, who is a member of the foundation is in a quandary as to whether or not the practice of the foundation in using its funds for the mentioned purposes is valid. He is quite fearful that with recent surge in calamities, it might deplete the resources of the foundation, and therefore, affect his own interest having made a contribution therein. He intends to question this practice of the foundation. Is his intention meritorious?arrow_forward
- 15. What is the contra proferentem doctrine? It is a doctrine of interpretation stating that where a term is ambiguous the judge will apply the interpretation that most closely aligns with any legislated standard It is a doctrine of interpretation stating that where a term is ambiguous the judge will apply the interpretation that best suits the party that did not draw up the contract It is a doctrine of interpretation stating that where a term is ambiguous the judge will apply the interpretation that best suits the party that drew up the contract It is a doctrine of interpretation stating that where a term is ambiguous the judge will apply the interpretation that most closely aligns with the contracts of other employees at the firmarrow_forwardthe major federal legislation in Canada that defines illegal practices, including price fixing, bid rigging, price discrimination, predatory pricing, double ticketing, resale price maintenance, bait and switch selling, and pyramid selling occurs when false or deceptive comparisons or distorted claims are made concerning a competitor's product, services, or property comprise principle and standards that guide behaviour in the world of business may be incurred when an unfair and untrue statement is made about a competitor in writing the statement becomes actionable when it is communicated to a third party and can be interpreted as damaging the company the foundation for partnering-style relationship, product, customer, and presentation strategies an attempt to influence the person receiving the "gift"prohibits joining a competing firm for a year after they leave mutual exchange of benefits, as when a firm buys products from its customer the buyer wants to do business with an institution…arrow_forwardDefine agency and explain how an agency by ratification can arise. Illustrate your answer by reference to relevant cases.arrow_forward
- 11) Non-compliance with the provisions of the Privacy Act, Canada, is first monitored by a. the federal Privacy Commissioner. b. the courts. c. the Privacy Commissioner of the province in which the individual whose information is disclosed resides. d. the executive branch of the federal government. e. the Commissioner of Intergovernmental Affairs. 12) A breach of the provisions of the Ontario Freedom of Information and Privacy Act can result in a. a reprimand of the Ontario government by the Premier of Ontario. b. liability in damages for the provincial crown. c. a reprimand of the Ontario government by an Ontario high court. d. only a finding that the Ontario Statute has been breached. e. both a finding that the Ontario Statute has been breached and a reprimand by the Premier of Ontario. 13) Privacy legislation covering municipalities puts enforcement of a breach of privacy by municipal governments in the hands of a. the particular municipal Privacy…arrow_forwardAs part of its business, Kinko’s Graphics Corporation (Kinko’s) copied excerpts from books, compiled them in “packets,” and sold the packets to college students. Kinko’s did this without permission from the owners of the copyrights to the books and without paying copyright fees or royalties. Kinko’s has more than two hundred stores nationwide and reported $15 million in assets and $3 million in profits for 1989. Basic Books, Harper & Row, John Wiley & Sons, and others (plaintiffs) sued Kinko’s for violation of the Copyright Act of 1976. Plaintiffs owned copyrights to the works copied and sold by Kinko’s and derived substantial income from royalties. They argued that Kinko’s had infringed on their copyrights by copying excerpts from their books and selling the copies to college students for profit. Kinko’s admitted that it had copied excerpts without permission and had sold them in packets to students, but it contended that its actions constituted a fair use of the works in…arrow_forwardA State statute empowered public school principals to suspend students for up to ten days without any notice or hearing. A student who was suspended for ten days challenges the constitutionality of his suspension on the ground that he was denied due process. Was due process denied? Explain.arrow_forward
- Helvey brought suit against the Wabash County REMC (REMC) for breach of implied and express warranties. He alleged that REMC furnished electricity in excess of 135 volts to Helvey’s home, damaging his 110-volt household appliances. This incident occurred more than four years before Helvey brought this suit. In defense, REMC pleads that the Uniform Commercial Code’s (UCC’s) Article 2 statute of limitations of four years has passed, thereby barring Helvey’s suit. Helvey argues that providing electrical energy is not a transaction in goods under the UCC but rather a furnishing of services that would make applicable the general contract six-year statute of limitations. Is the contract governed by the UCC? Why or why not?arrow_forwardSony Corporation manufactured and sold home video recorders, specifically Betamax videotape recorders (VTRs). Universal City Studios, Inc. (Universal), owned the copyrights on some programs aired on commercially sponsored television. Individual Betamax owners frequently used the device to record some of Universal’s copyrighted television programs for their own noncommercial use. Universal brought suit, claiming that the sale of the Betamax VTRs to the general public violated its rights under the Copyright Act. It sought no relief against any Betamax consumer. Instead, Universal sued Sony for contributory infringement of its copyrights, seeking money damages, an equitable accounting of profits, and an injunction against the manufacture and sale of Betamax VTRs. Explain whether Universal will prevail in its action.arrow_forwardThe Supreme Court of State G decided that the U.S. Constitution requires professors to warn students of their right to remain silent before questioning the students about cheating. This ruling directly conflicts with a decision of the Federal Court of Appeals for the circuit that includes State G. a. Must the Federal Circuit Court of Appeals withdraw its ruling? b. Must the Supreme Court of State G withdraw its ruling?arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill EducationManagement (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSONSpreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
- Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSONBusiness Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSONFundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON