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Applying the parole evidence rule
a written contract is the final expression of the party's agreement and may not be
contradicted by oral or written agreements made prior to the writing.
oral agreements may be used to change a final written contract if the final written
contract isn't exactly conforming to the pre-contract agreements.
written contracts with ambiguous terms are automatically void and cannot be corrected.
written agreements may be used to change a final written contract if the final written
contract isn't exactly conforming to the pre-contract agreements
LLPs were created to
Increase the duration of the business entity permitted under LLC statutes.
Provide limited protections for general partners increasing protections offered by LLCs.
Ease the costs and filing requirements present with LLCs.
limit taxation burdens existing in LLCs
There are several reasons why whistle blowing may not be protected on an
international level. These include
Most business is not truly international and so there has been no push for globalization
of protection.
Dictators typically do not care if companies are engaging in illegal activities.
Many nations across the globe do not have the dishonesty problems that are found in
western nations.
Collective or collaborative cultures may frown on whistle blowing instead of working
together to fix a problem.
Judicial review
is the power or right of a court to hear a case.
is the power of a state or federal court to declare a statute unconstitutional.
is the power of an appellate court to reverse a decision made in a lower court.
is the power of a federal court to declare a state or federal statute invalid if inconsistent
In Lucy v. Zehmer, the two parties were drinking in a bar when Lucy offers to
buy Zehmer's farm. After some negotiation a written contract was executed.
Zehmer claimed that the whole episode was only a joke and he never
intended to sell the farm. The court determined that
since the contract was written without lawyers present, it was likely not really serious so
no contract was actually formed.
since Zehmer claimed to be "high as a Georgia pine" and it was only the liquor talking,
there was no contract.
because negotiations and modifications to the written agreement lasted between 30-40
minutes, it appeared that both parties were serious so even if Zehmer had no objective
intent to sell the farm he is still bound by his actions and the contract was enforceable.
because the terms were fair, the parties are bound by the contract regardless of their
intent or capacity.
unilateral contract
KAM Corp has separate Codes of Ethics and Conduct. Each of the following
would likely be included in their Code of Ethics except
expectations of an individual's community service.
avoidance of conflicts of interest.
expectations of privacy and dignity to be afforded others.
requirements of procedural due process and impartiality.
Maria is the CFO of a company being investigated by the SEC for various
alleged violations. Each of the following would constitute an obstruction of
justice except
changing some figures on documents used to support filed financial statements.
ordering her secretary to lie if she is questioned.
refusing to answer questions invoking the Fifth Amendment.
shredding her personal calendar and appointment book.
no because the new rule is more limited than the original proposal.
no because it was a logical outgrowth of the original rule.
no, there was no need for publication of the original rule.
no because there is generally no legal obligation to provide an additional comment
period
Black's Law Dictionary, as cited in the book defining the term law, includes
each of the following except
Law has a binding force.
Law is a body of rules.
Law is conduct prescribed by a controlling authority.
Law regulates personal ethics
Jurisprudence is defined as:
The science and philosophy of law
The enactment of laws by a government body.
The duties and obligations owed by a citizen.
Adjudication of law suits
Jonathan has graduated and wants to start a business. Which business entity
gives him the most complete and exclusive control over the business and any
business decisions?
Limited liability Company.
general partnership
Sole proprietorship.
corporation