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Question
Accidental Sale. ABC Motors ordinarily deals in used cars and also does some amount of repair work. Robby entrusted his automobile to ABC Motors to have the oil changed and get new brakes. The car was parked in the lot along with other cars, some of which were for sale. The manager of ABC Motors accidentally sold the car to Connie because she saw it and took it upon herself to offer a good price. The manager was attempting to increase the shop's profit margin. Connie had no idea that the car did not belong to ABC Motors. When Robby went to pick up the car, he was very upset that it was gone. The manager told Robby that he was very sorry, but that he was not negligent and only made an honest mistake. According to the manager, Robby accepted the risk of this type of loss; and his only recourse was against Connie. Which of the following is true regarding Connie's rights to the car?
A. Connie can keep the car only if the repair shop voluntarily agrees to pay Robby the fair market value of the car.
B. Connie can keep the car without paying any additional amounts only because she paid cash for it.
C. Connie can keep the car without paying any additional amounts, and whether or not she paid cash makes no difference.
D. Connie must give the car to Robby.
E. Connie must return the car to the repair shop.
Answer
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Related questions
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A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
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Q:
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B. to amend an inaccurate agency record.
C. to sue the government for statute violations.
D. see and amend federal agency records.
E. see and amend federal agency records as well as sue the government for statute violations.
Q:
Which of the following is false regarding the Freedom of Information Act?
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B. Citizens are entitled to any records that the government has about them.
C. Records involving national security are exempted from the act.
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In order to be upheld in court, an agency's fact finding must be supported by which of the following?
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What do the initials ALJ represent in the administrative law arena?
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Which of the following is an order issued by an agency to appear at a particular time and place and bring specified documents?
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Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?
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C. A summons
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Q:
According to the text, what are three criticisms of arbitration when compared to traditional litigation?
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In order to ensure that a case or controversy exists, the plaintiff must show:
A. An adverse relationship between the parties.
B. An actual legal dispute.
C. It is a proper matter for judicial determination.
D. An adverse relationship between the parties and an actual legal dispute.
E. An adverse relationship between the parties, an actual legal dispute, and it is a proper matter for judicial determination.
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A court acquires in personam jurisdiction over the plaintiff when:
A. Service of process is issued.
B. Plaintiff is given a copy of the complaint by the court.
C. Plaintiff files a lawsuit with the court.
D. Defendant files an answer.
E. Plaintiff is injured within the state's border.
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Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury, as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who seemed grumpy is referred to as a(n)
A. Peremptory challenge.
B. Challenge for cause.
C. Stipulated challenge.
D. Fairness challenge.
E. Approved challenge.