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In each case that follows, you be the judge.25. Title and Risk of LossClouser agreed to buy a boat from Roger and Sharon Russell, owners of Performance Marine,for $8,500. Clouser made an initial payment of $1,700 and agreed to pay the balance at delivery.Performance Marine was to replace the boat’s engine and drive train before Clouser tookdelivery. No documents of title were to be delivered by the seller. While Performance Marinewas testing the boat, it hit a seawall and was completely destroyed. Who had title to the boat atthe time of the accident? Who had the risk of loss? Explain your answer.Russell v. Transamerica Ins. Co., 322 N.W.2d 178 (MI).26. AuctionsColeman bid $2,050 for a D-7 tractor at a public auction. It was not stated that the auctionwas with reserve. The auctioneer yelled, “Sold,” accepting Coleman's bid. Later, the owner ofthe tractor refused to sell it for $2,050, saying that the auction was with reserve and that hecould refuse to accept the bid. Did the owner have to sell the tractor to Coleman for $2,050?Why or why not?Coleman v. Duncan, 540 S.W.2d 935 (MO).Ethics and TechnologyTodd’s classmates bully him at school. As a result,Todd decides to create a Web site on which he poststhe names and addresses of each of the bullies; healso includes derogatory remarks about each ofthem. When Todd’s classmates discover the site,many complain that they have a right not to bementioned, that their addresses are private, and thathis comments constitute defamation.Connect27. Research the ethical implications of legislationresulting from the use of current technology.Can you find any legislation that addresses theethical issues in this case? If yes, what arethese laws, and how would they apply?28. Develop procedural guidelines forimplementing appropriate legislation. What aresome of the steps that companies, agencies,and others can follow to make sure that theyand their employees are obeying the law?29. Predict What problems might exist if theUCC were not a single uniform codethroughout the United States?30. Connect Have you ever ordered anythingthrough a catalog, a television-shoppingnetwork, or over the Internet? How werethe goods shipped to you?31. Question Do you think it is fair for abuyer to refuse to accept goods afterordering them? Why or why not?32. Respond There are only a few laws inplace to protect consumers who buyonline. If you were a lawmaker, whatlaws would you write for the world ofe-commerce?Chapter 13: Contracts for the Sale and Lease of Goods 291
CHAPTERThe Importance ofWarrantiesUnderstanding Businessand Personal LawChapter Overview Visit the UnderstandingBusiness and Personal LawWeb site at ubpl.glencoe.com andclick on Chapter 14: The Importance ofWarranties—Chapter Overviews topreview the chapter information.
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interactive student edition
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Program ComponentsYour Understandin
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Studying Case LawApplying What You
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UNIT 1 Law Workshop: Using Legal To
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UNIT 3Understanding Consumer Law 26
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CHAPTER 21Employment Protection and
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CHAPTER 29Operating a Corporation 6
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Exploring the UnitUnderstanding Bus
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Exploring the SectionChapters of th
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Exploring Chapter AssessmentChapter
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Exploring the Law WorkshopsLaw Work
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FeaturesYour Understanding Business
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A Global Perspective: Laws Around t
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Law & AcademicsThe law is related t
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Legal BriefsThese short features di
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GORDON W. BROWN studied lawto becom
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UNITUNIT OVERVIEWLaws generally ref
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CHAPTEREthics and the LawUnderstand
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Defining Ethicsl How ethical decisi
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GhanaA law can be a decree, a prohi
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People want to be treated with resp
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decisions. Compassionate people try
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Sources of Lawl How to recognize th
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Language ArtsThe legal profession h
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Limits of Free SpeechThe First Amen
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Adopt a PetAre you consideringadopt
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CHAPTERASSESSMENTSection 1.1 Defini
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CHAPTERASSESSMENTConnect with Scien
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CHAPTERThe Court SystemUnderstandin
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A Dual Court Systeml How to determi
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Supreme CourtThe U.S. Supreme Court
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whether to transfer the case, the c
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Trial Proceduresl How to seek alter
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Another new form of ADR is known as
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AN ANSWERAn answer is the defendant
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predict whether a juror will be fai
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Execution of JudgmentAfter a trial
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SEARCH WARRANTThe scope of a search
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Forensic ScientistIf you’re a fan
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Figure 2.7CAWAORNVAge Limits For Ju
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CHAPTERASSESSMENTSection 2.1 Dual C
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CHAPTERASSESSMENTConnect with Langu
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CHAPTERCriminal LawUnderstanding Bu
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What Is a Crime?l How to tell the d
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Congress to regulate commerce among
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InsanityAmerican law recognizes tha
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Particular Crimesl How to define ma
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a captive. Kidnapping usually inclu
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Figure 3.4Violent Crime Rates by Ra
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68 Unit 1: Knowing About the LawLar
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DRAG RACING AND LIABILITYMany state
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COMPUTER CRIMEBoth the state and th
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CHAPTERASSESSMENTSection 3.1 What I
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CHAPTERASSESSMENTAcquiring and Eval
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CHAPTERThe Law of TortsUnderstandin
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Intentional Tortsl How to tell the
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attery involves the unlawful, unpri
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Smashed Grapesand SlipperyFloorsYou
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Defamation is writtenor spoken inju
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l How to definenegligencel How to e
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Student PrivacyThe searching ofscho
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no longer follow this doctrine, how
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CHAPTERASSESSMENTSection 4.1 Intent
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CHAPTERASSESSMENTWorking with Techn
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UNITLaw Workshop:Using Legal ToolsH
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UNITLandmark CaseCipollone v. Ligge
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UNITUNIT OVERVIEWYou regularly take
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CHAPTERHow Contracts AriseUnderstan
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Contractsl Explain the elementsof l
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theory was called the will theory o
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Characteristics of a ContractContra
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for the other’s promise to do som
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l How to recognize therequirements
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Letting your officemanager know tha
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Student LoansThere are many waysto
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RevocationRevocation is the taking
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CHAPTERASSESSMENTSection 5.1 Contra
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CHAPTERASSESSMENTInterpret and Comm
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CHAPTERGenuine AgreementUnderstandi
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l How to identify theelements of fr
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creates a duty to reveal the hidden
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Resulting LossYou may choose to ent
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Figure 6.3Unilateral Mistake1. Mist
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the agreement can be performed when
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UNDUE INFLUENCEGenuine agreementsca
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CHAPTERASSESSMENTSection 6.1 Fraud
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CHAPTERASSESSMENTInterpreting and C
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CHAPTERContractual CapacityUndersta
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Contractual Capacityl How to explai
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their contracts. The court has esta
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PROVING MAJORITYSome states require
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Returning the Merchandise If a mino
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Ratification of Minors’ Contracts
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Draft RegistrationCelebrating your
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CHAPTERASSESSMENTSection 7.1 Contra
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CHAPTERConsiderationUnderstanding B
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Considerationl How to explain thele
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GiftsA gift is somethingthat is giv
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Common law judgesrarely entertainar
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Disputed AmountsIf the parties to a
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Consideration in Your Everyday Life
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Court ReporterSally Harmon provides
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Figure 8.2The Elements of Promissor
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PREEXISTING DUTIESPreexisting dutie
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CHAPTERASSESSMENTSection 8.1 Consid
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CHAPTERLegalityUnderstanding Busine
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l How to explain whatmakes a contra
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Winner Takes AllBecause she lives i
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At one time, most states prohibited
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THE GREAT SEAL OF THE STATE OF OHIO
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l How to explain thelegal doctrine
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llAgreements inducing fraud or a br
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Agreements to Obstruct JusticeAny c
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CHAPTERASSESSMENTParticipate as a M
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CHAPTERForm of the ContractUndersta
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The Statute ofFraudsl How to explai
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Unions were formed tohelp protect t
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Civil Process ServerIt’s a good t
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MARRIAGE CONTRACTSAlthough the law
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An exception to the requirement tha
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The Best Evidence RuleThe courts us
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CHAPTERHow ContractsCome to an EndU
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l How to identify whentime is impor
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Earth DayYour local museummay have
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would prevent such a drastic and un
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Mutual ReleaseJodi and Mark mutuall
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Money damages are themost common re
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long to seek payment. You may not
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CHAPTERASSESSMENTSection 11.1 Perfo
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CHAPTERASSESSMENTParticipate as a M
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Page 293 and 294: UNITLandmark CaseMastrobuono v. She
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Purchasing a defectiveautomobile ha
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on the other hand, often sell used
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Buying from a Private PartyYou migh
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in cases in which you are led to be
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When an odometer is repaired and ca
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VEHICLEINSURANCEThe insurance types
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Maintenance OnlineAutomakers are be
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CHAPTERASSESSMENTSection 16.1 Ownin
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CHAPTERPersonal Propertyand Bailmen
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Personal Propertyl How to identifyt
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CanadaAt the University of Montreal
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Figure 17.1Intellectual Property an
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Bailmentsl How to define abailmentl
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Return to Sender, or Not?When you r
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Many courts today apply the reasona
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RIGHT OF PRIVACYHotel keepers mustr
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Guests are permitted to keep in the
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Under Article 1,Section 8 of the U.
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CHAPTERASSESSMENTSection 17.1 Perso
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UNITLaw Workshop:Using Legal ToolsD
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UNITDenny v. Ford Motor Co.New York
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UNITUNIT OVERVIEWMost of us must pl
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CHAPTERCreation of an AgencyUnderst
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l How to explain thenature of an ag
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voluntarily agreed upon by both par
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In the early developmentof agency l
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llllllllDoes the hiring person supp
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Talent AgentTo get a job in televis
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l How to recognize thecreation of a
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Coagents If the principal hires two
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AGENCY BY ESTOPPELOften agency rela
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CHAPTERASSESSMENTSection 18.1 Agenc
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CHAPTERAgency Relationshipsand Thei
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Authority and Dutiesl How to define
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Consequently, the key to determinin
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Good FaithAn agency relationship is
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In seventeenth centuryEurope, most
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he or she has the option of holding
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l How to recognizewhen an agencyrel
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ACTUAL NOTICE OFTERMINATIONThe law
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CHAPTERASSESSMENTSection 19.1 Autho
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CHAPTEREmployment LawUnderstanding
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l How to defineemployment-at-willl
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employ more than 100 workers are bo
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Harrington’s case clearly fits wi
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PUBLIC POLICY TORTIf an employee is
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l How to recognizethose areas ofemp
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Using E-Mail at WorkA large company
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Figure 20.1Child Labor LawsThis cha
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CHAPTERASSESSMENTSection 20.1 Emplo
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CHAPTEREmployment Protectionand Equ
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l How to recognize therole that OSH
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Wages, Hours, and BenefitsThe gover
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Family and Medical Leave ActUnder t
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Recent studies suggestthat it is in
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had programs in place. Workers’ c
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children. This system, known as wel
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Figure 21.3LawCivil Rights Act (Tit
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Cesar ChavezUnions exist withinmany
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AMERICANS WITHDISABILITIES ACTThe f
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CHAPTERASSESSMENTSection 21.1 Laws
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UNITUNIT OVERVIEWMost people usesom
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CHAPTERBorrowing Money andBuying on
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What Is Credit?l How to distinguish
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Example 2. When Jill bought the tru
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According to a recentstudy, the ave
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to erase the debt! He will pay $7,0
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CREDIT CARD BLOCKTo be sure you don
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EQUAL CREDITOPPORTUNITY ACTThe Equa
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Managing Your Debtsl How to recogni
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FAMILY FARMThe family farm is avani
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CHAPTERASSESSMENTSection 22.1 What
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CHAPTERASSESSMENTParticipating Effe
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CHAPTERNegotiable InstrumentsUnders
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l How to state thepurpose of negoti
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Social StudiesThe use of metal form
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An action to enforcethe obligation
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U.S. CompaniesOperating in Other Co
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Electronic ChecksA group of banks h
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CHAPTERASSESSMENTSection 23.1 Purpo
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CHAPTERWriting ChecksUnderstanding
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Checking Accountsl How to describe
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PERSONAL CHECKNever write a check i
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ecords accurate. Fill out the check
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MathematicsWhen you open a checking
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Canine Enforcement OfficerChristine
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Availability of FundsIn the past, b
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Figure 24.6MANAGE YOUR EFT CARD WIS
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CHAPTERASSESSMENTSection 24.1 Check
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CHAPTERTransferring NegotiableInstr
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TransferringInstrumentsl How to dis
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Example 1. Hanako Lin wrote a check
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Figure 25.1Check FaceChange ofFortu
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Figure 25.4INDORSE HEREDO NOT WRITE
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Safe DrivingAutomobile crashes aret
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E-SignaturesElectronic signatures n
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CHAPTERASSESSMENTSection 25.1 Trans
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CHAPTERASSESSMENTParticipating as a
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CHAPTERCollecting NegotiableInstrum
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l How to determine if aperson is a
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Paying Twice Is Not So NiceA mechan
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FRAUD IN THEINDUCEMENTWhen someone
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Kristina learned that the brakes ha
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Liabilities of Partiesl How to expl
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Figure 26.3DIRECT REDUCTIONMORTGAGE
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CHAPTERASSESSMENTSection 26.1 Holde
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UNITLaw Workshop:Using Legal ToolsC
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UNITBeach v. Ocwen Federal BankU.S.
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UNITUNIT OVERVIEWMost Americans are
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CHAPTERSole Proprietorshipand Partn
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Sole Proprietorshipl How to define
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Taxing the Sole ProprietorOne advan
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The Partnershipl How to define gene
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PARTNERSHIPFORMATIONA partnership c
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Independence DayAs a citizen of the
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Starting a soleproprietorship can b
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Because each partner is an agent of
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Social StudiesMost people areintere
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CHAPTERASSESSMENTSection 27.1 Sole
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CHAPTERForming and Financinga Corpo
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Corporationsl How to definecorporat
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Social StudiesImagine you have been
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STOCK CERTIFICATESCorporations issu
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CORPORATE NAMESA new corporation ca
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The InsideInformation onNonprofitsB
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LIMITED LIABILITY COMPANIESA new fo
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have incorporated. To deal with the
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CHAPTERASSESSMENTSection 28.1 Corpo
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CHAPTEROperating a CorporationUnder
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l How to definecorporate directorl
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Language ArtsAt one time, insidertr
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many large corporations rent halls
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October 24, 1929, called“Black Th
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Figure 29.3Duties of Corporate Mana
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Many antiliability statutes simply
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Shareholder SuitsA shareholder suit
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CHAPTERCorporate Regulationand Expa
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l How to identify thesource of the
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Business BluesMany small corporatio
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y the U.S. Supreme Court held that
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THE ENVIRONMENTALPROTECTION AGENCYT
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l How to distinguishamong a merger,
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Taking StockOnline investing hasall
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State LegislatorOliver Robinson got
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in two ways. The corporation can de
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CHAPTERASSESSMENTSection 30.1 Gover
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UNITLaw Workshop:Using Legal ToolsD
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UNITVirginia Bankshares, Inc. v. Sa
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UNITUNIT OVERVIEWGetting married, p
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CHAPTERMarriageUnderstanding Busine
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l How to state when themarriage con
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Domestic ViolenceUnfortunately, dom
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Figure 31.1Premarital AgreementAgre
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Example 2. Gerard Ingels and Ramona
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Figure 31.3U.S. Marriage Laws Summa
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IndiaTo know India, you must unders
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Social StudiesArranged marriages ar
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CHAPTERASSESSMENTSection 31.1 Marri
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CHAPTERDivorce and ItsLegal Consequ
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Ending a Marriagel How to describe
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Figure 32.1Grounds for Divorce and
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Example 2. Elise Carruthers persist
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Fingerprint ExpertKevin Teddy is an
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Divorce Settlementl How to identify
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“Divorce.Com”The Internet is a
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CHAPTERASSESSMENTSection 32.1 Endin
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CHAPTERRenting a Place to LiveUnder
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The RentalAgreementl How to define
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Tenancy at WillA tenancy at will is
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necessary to keep the premises fit
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When renting, keep thevolume on you
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Failure to abide by the restriction
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RoomiesWhen two or more people sign
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CHAPTERASSESSMENTSection 33.1 The R
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CHAPTERBuying a HomeUnderstanding B
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l How to compare theadvantages andd
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Figure 34.2AFFORDING A MORTGAGEYour
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Criminal Court JudgeWhen Dianne Jon
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l How to identify somesuggestions t
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Example 2. Monica and James Dipirro
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Taking OwnershipOwnership of proper
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Eminent Domainand SidewalksJordan i
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Figure 34.7The Nature of Real Prope
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CHAPTERASSESSMENTSection 34.1 Evalu
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CHAPTERInsurance ProtectionUndersta
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l How to explain themeaning and pur
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INSURABLE INTERESTYou cannot take o
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Figure 35.2Life Expectancy Table, A
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When buying term life insurance, yo
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employees who have been laid off pa
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Property Insurancel How to identify
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The NetherlandsDo people who are in
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CHAPTERASSESSMENTSection 35.1 The I
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CHAPTERRetirement and WillsUndersta
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Retirement Incomel How to describe
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Death and TaxesMost people own life
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START EARLYTax-deferred investments
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In 1935, Lord Moynihanand R. Killic
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Figure 36.4LAST WILL AND TESTAMENTO
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Legal ColumnistWhen the topic is th
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Figure 36.5 Distribution of Intesta
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CHAPTERASSESSMENTSection 36.1 Retir
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UNITLaw Workshop:Using Legal Skills
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UNITJones v. Mayer Co.U.S. Supreme
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APPENDIXThe Constitution of theUnit
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APPENDIX ANo Person shall be a Sena
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APPENDIX ATo declare War, grant Let
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APPENDIX AIn Case of the Removal of
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APPENDIX ALegislatures of the State
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APPENDIX AAmendment IXThe enumerati
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APPENDIX AAmendment XVSection 1 ■
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APPENDIX ASection 2 ■ This articl
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APPENDIXThe Declaration ofIndepende
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APPENDIX BHe has made Judges depend
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Aabandoned When an emancipated mino
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ilateral mistake Occurs when both p
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cooling-off rule Provision that giv
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Equal Credit Opportunity Act Ensure
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holographic will Will written entir
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limited-payment life insurance Allo
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passenger People being legally tran
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ight-to-work laws State laws that p
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title The formal written right of o
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AAmerican Legal Aid, Inc.v. Legal A
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ailors, 368bait and switch advertis
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contracts, written, 205-221best evi
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education-industry cooperation, 447
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health maintenance organizations(HM
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limited lifetime of soleproprietors
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pension plans, 456. See also retire
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Securities and Exchange Commission(
Page 879 and 880:
United Nations Commission onInterna
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