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Question
Resources Mining Company's (RMC) complex spews smoke and odors. The site features its own rail system, and trucks enter and exit the complex night and day. Sam and other residents of an adjacent neighborhood can feel the vibrations of the trains and trucks, and suffer other effects from RMC's operations. Sam and others file a suit against RMC. Why might the court rule in favor of RMC?Answer
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Related questions
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a. ask other small businesspersons.
b. look in a telephone directory.
c. review listings in the Martindale-Hubbell Law Directory.
d. all of the above.
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A businessperson cannot incur a penalty for violating a law or regulation of which he or she is unaware.
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Fact Pattern 41-1
Adam, a director of Beta Computer Company, learns that a Beta engineer has developed a new, significantly faster computer chip. Adam buys Beta stock and tells his friend Cathy, who also buys Beta stock. When the new chip is announced three weeks later, Adam and Cathy sell their stock for a big profit.
Refer to Fact Pattern 41-1. Regarding Adam's profits on the purchase and sale of Beta stock, under Section 16(b) of the Securities Exchange Act of 1934 Beta may recapture
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d. none of Adam's profits.
Q:
Fact Pattern 41-1
Adam, a director of Beta Computer Company, learns that a Beta engineer has developed a new, significantly faster computer chip. Adam buys Beta stock and tells his friend Cathy, who also buys Beta stock. When the new chip is announced three weeks later, Adam and Cathy sell their stock for a big profit.
Refer to Fact Pattern 41-1. Under SEC Rule l0b-5, Adam would not be liable if he had waited to buy Beta stock until
a. after Adam told Cathy of the new chip.
b. after Cathy bought Beta stock.
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d. just before the chip was announced.
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To raise capital to form Apex Corporation with Bert, Carla sells bonds and stock in other companies, and plans to register an initial public offering under the Securities Act of 1933. SEC Rule l0b-5 covers
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Alpha, Inc., a corporation traded on a national stock exchange, wants to offer bonds for sale to the public. Beta Insurance Company, a state-regulated insurance company, wants to offer annuity contracts for sale to the public. Before any sale, registration must be made with the SEC for
a. Alpha's bonds and Beta's annuity contracts.
b. Alpha's bonds only.
c. Beta's annuity contracts only.
d. neither Alpha's bonds nor Beta's annuity contracts.
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Private parties cannot sue violators of Section 10(b) and Rule 10b-5.
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Any corporation with more than $10 million in assets must register with the Securities and Exchange Commission.
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a. for a violation of a treaty of the United States only.
b. for a violation of a treaty of the United States or of the law of nations.
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d. under no circumstances.
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a. a confiscation.
b. a dumping.
c. a licensing.
d. an expropriation.
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China and India form an agreement to govern their commercial exchanges with one another. This is
a. a bilateral agreement.
b. a lateral agreement.
c. a multilateral agreement.
d. a unilateral agreement.
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b. nations only.
c. neither nations nor private transactions that cross national borders.
d. private transactions that cross national borders only.
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Expropriation, even with the payment of just compensation, violates generally observed principles of international law.
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A party to a licensing agreement generally agrees to pay royalties on some basis.
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Confiscation occurs when a government seizes a private property for a proper public purpose and awards just compensation.
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