Law for Small Businesses

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Questions

Question 1

When starting a new business, what is one of the legal formalities that is typically required for a sole proprietorship?

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Question 2

What is the primary purpose of a 'retainer' fee arrangement with an attorney for a small business?

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Question 3

According to the 'Average Attorneys’ Fees for Selected Small-Business Transactions' table in Chapter 42, what is the estimated fee range for a trademark application?

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Question 4

In the context of choosing a business form, which of the following provides for 'pass-through' taxation, where profits are taxed at the individual level rather than the business level?

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Question 5

What is a primary legal risk for a small business that establishes an online presence allowing customers to purchase goods or services?

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Question 6

In Mixon v. Iberia Surgical, L.L.C., the court had to interpret a buy-out provision in the LLC's Operating Agreement. What did the court conclude about the term 'Book Value'?

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Question 7

What is a primary advantage for a small business to raise capital through a bank loan instead of seeking venture capital?

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Question 8

What is the primary purpose of a key-person insurance policy for a small business?

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Question 9

In DBL Distributing, Inc. v. 1 Cache, L.L.C., why was the corporate officer, Gary Bracken, potentially held personally liable for the company's debt despite signing in a representative capacity?

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Question 10

What is a primary benefit for a small business to classify a worker as an independent contractor rather than an employee?

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Question 11

What is the primary role of a business plan when a small business is seeking venture capital?

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Question 12

What is a major disadvantage of the corporate business form, particularly for small businesses that distribute profits to owners?

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Question 13

When forming a corporation, what is the purpose of the bylaws?

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Question 14

What does a nondisclosure agreement primarily aim to protect for a business?

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Question 15

Under the 'Venture Capital Issues' table in Chapter 42, what right does 'piggybacking' refer to?

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Question 16

What is the primary legal consequence of misclassifying an employee as an independent contractor if the IRS determines the worker is actually an employee?

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Question 17

Which of the following is a key reason for a small business to create a formal buy-sell agreement?

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Question 18

What is the legal status of a verbal promise of permanent employment if an employee relies on it and is later fired?

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Question 19

Filing a business name with a state official provides what kind of protection?

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Question 20

What does a 'right of first refusal' in a shareholder buy-sell agreement typically do?

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Question 21

When is it especially important for a small business to obtain legal counsel?

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Question 22

What is the primary trade-off for a small business when using independent contractors instead of employees?

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Question 23

According to the 'Average Attorneys’ Fees for Selected Small-Business Transactions' table in Chapter 42, what is the estimated fee range for creating an employee handbook?

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Question 24

What is the key difference between a business's trade name and a trademark?

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Question 25

In the context of an LLC operating agreement, what typically happens if the agreement does not specify how profits will be divided among members?

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Question 26

What is the primary purpose of a noncompete agreement in an employment contract?

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Question 27

What is the Small Corporate Offering Registration (SCOR) process designed for?

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Question 28

According to Chapter 42, which business structure is the default for a new, single-owner business unless another form is affirmatively adopted?

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Question 29

Why might a small business owner be personally liable for a contract even if the business is incorporated?

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Question 30

Which of the following is an example of a federal law from which small businesses with fewer than fifteen employees are exempt?

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Question 31

What is the significance of the symbol ® when used with a name or logo?

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Question 32

According to the 'Insight into the Global Environment' feature in Chapter 42, why might an online business based in the U.S. be in violation of German law?

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Question 33

What is the primary function of a corporate records book for a small corporation?

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Question 34

When hiring a new employee, what is a key reason for a small business to check the applicant's background and driving record?

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Question 35

What is the primary disadvantage for a business that obtains venture capital financing?

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Question 36

In the case of InfoSAGE, Inc. v. Mellon Ventures, L.P., why did the court affirm the summary judgment in favor of the venture capital firm, Mellon?

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Question 37

Why must a small business owner be cautious about offering severance pay to a terminated employee?

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Question 38

What is the primary difference in liability between a general partnership and a corporation?

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Question 39

If you federally register a trademark that you have already been using for two years, and another company then registers the same mark, what rights do you typically retain?

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Question 40

What legal principle allows an LLC's operating agreement to require all member disputes to be resolved by arbitration, thereby disallowing court challenges?

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Question 41

Which of the following is a key step in forming a corporation?

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Question 42

What must a small business do five years after initially registering a trademark with the PTO to maintain its protection?

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Question 43

What is a major risk associated with the federal Small Business Administration (SBA) loan program?

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Question 44

What is a primary reason for a business to choose a Limited Liability Company (LLC) structure?

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Question 45

According to Chapter 42, what is a primary legal concern a business should have when hiring a new employee who previously worked for a competitor?

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Question 46

What is the primary difference in continuity of life between a sole proprietorship and a corporation?

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Question 47

According to the case of InfoSAGE, Inc. v. Mellon Ventures, L.P., what is a prerequisite for finding a breach of fiduciary duty by a venture capitalist's director appointee?

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Question 48

In the case DBL Distributing, Inc. v. 1 Cache, L.L.C., what specific phrase in the updated credit application was central to the court's decision regarding personal liability?

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Question 49

What is the primary role of an accountant for a new small business, beyond bookkeeping?

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Question 50

What is the Statute of Frauds requirement regarding contracts that small businesses should be aware of?

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Other chapters

Introduction to Law and Legal ReasoningCourts and Alternative Dispute ResolutionCourt ProceduresConstitutional Authority to Regulate BusinessNegligence and Strict LiabilityIntellectual Property and Internet LawCriminal Law and Cyber CrimeNature and TerminologyAgreementConsiderationCapacity and LegalityMistakes, Fraud, and Voluntary ConsentThe Statute of Frauds—Writing RequirementThird Party RightsPerformance and DischargeBreach of Contract and RemediesE-Contracts and E-SignaturesThe Formation of Sales and Lease ContractsTitle, Risk, and Insurable InterestPerformance and Breach of Sales and Lease ContractsWarranties and Product LiabilityThe Function and Creation of Negotiable InstrumentsTransferability and Holder in Due CourseLiability, Defenses, and DischargeChecks and Banking in the Digital AgeCreditors' Rights and RemediesSecured TransactionsBankruptcy LawAgency Formation and DutiesLiability to Third Parties and TerminationEmployment and Labor LawEmployment DiscriminationSole Proprietorships and FranchisesPartnerships and Limited Liability PartnershipsLimited Liability Companies and Special Business FormsCORPORATIONS—Formation and FinancingCORPORATIONS—Directors, Officers, and ShareholdersCORPORATIONS—Merger, Consolidation, and TerminationCORPORATIONS—Securities Law and Corporate GovernanceAdministrative LawConsumer LawEnvironmental LawAntitrust LawPersonal Property and BailmentsReal Property and Landlord-Tenant RelationshipsInsuranceWills and TrustsProfessional Liability and AccountabilityInternational Law in a Global Economy