Fin Ch. 24, 25 – Flashcards

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The major difference between international law and national law is that government authorities can enforce national law.
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True
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An international custom can be defined as "evidence of a general practice accepted as law."
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True
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The International Court of Justice normally has authority to settle legal disputes only when nations voluntarily submit to its jurisdiction.
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True
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International law requires nations to honor the actions of other nations.
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False
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The principle of comity basically refers to legal reciprocity.
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True
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The act of state doctrine provides that the judicial branch of one country will examine the validity of public acts committed by a recognized foreign government within the latter's own territory.
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False
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The doctrine of sovereign immunity provides that only a head of state can make treaties with another nation.
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False
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Expropriation occurs when a government seizes a privately owned business or privately owned goods for a proper public purpose and awards just compensation.
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True
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The Foreign Sovereign Immunities Act broadly defines commercial activity
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True
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A foreign state is immune from the jurisdiction of U.S. courts unless the state is involved in commercial activity within the United States.
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False
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Franchising is a form of licensing.
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true
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Some countries provide insurance for their citizens' investments abroad.
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True
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Few countries guarantee compensation to foreign investors if their property is taken.
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False
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To restrict or encourage exports, Congress can set quotas on various items, such as grain being sold abroad.
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True
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The importation of goods that infringe U.S. patents is not prohibited.
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False
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Dumping is the exporting of environmentally polluting goods to a foreign market.
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False
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Each member of the World Trade Organization is obligated to treat other members at least as well as it treats the country that receives its most favorable treatment with regard to imports or exports.
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True
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International contracts rarely include arbitration clauses.
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False
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Foreign citizens can bring civil suits in U.S. courts for injuries caused by violations of the law of nations or a treaty of the United States.
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True
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Generally, U.S. employers abroad must abide by U.S. discrimination laws unless to do so would violate the laws of the country where their workplaces are located.
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True
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The government of North Korea violates an international law. Persuasive tactics to remedy the situation fail. The only recourse of other nations is to
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take coercive action--server relations, impose boycotts, go to war
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Yokio, Ltd., and Zeno, S.A., transact an international sale of goods. At the request of these parties, a court in Portugal resolves a dispute between them. A U.S. court will most likely honor the judgment
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if it is consistent with U.S. laws and public policy
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Michael, a citizen of Ireland, and Nina, a citizen of the United States, enter into a contract. When Nina breaches the contract, Michael obtains an award of damages in an Irish court. He asks a U.S. court to enforce the award. The U.S. court defers to and enforces the Irish court's decree. This is
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the principle of comity
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The basis for India to give effect to the laws and court decisions of the United States is primarily
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courtesy and respect
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Global Marketing, Inc., a U.S. firm, owns property in Honduras. The government in Honduras takes Global Marketing's property without paying for it. A U.S. court will probably not examine the validity of this act committed by Honduras within its own territory, under
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the act of state doctrine
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Mountain Mining Company, a U.S. firm, owns property in Bolivia. The government of Bolivia seizes the property for an illegal purpose without paying just compensation. This is
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confiscation
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Reality Financial Corporation, a U.S. firm, files a suit against Switzerland in a U.S. court. Switzerland claims foreign sovereign immunity. Under the Foreign Sovereign Immunities Act
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Reality Financial must show that Switzerland is not entitled to sovereign immunity
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Dynamic Oil Corporation, a U.S. firm, owns property in Ecuador. When the government of Ecuador seizes the property, Dynamic Oil asks a U.S. court to order the property's return. The court rules that Ecuador is exempt from the court's jurisdiction. This is
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the doctrine of sovereign immunity
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Optima Medico Corporation, a U.S. firm, signs a contract with Pharma Beneficial, Ltd., a Canadian firm, to give Pharma the right to sell Optima's products in Canada. This is
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a distribution agreement
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Secure Investments, Inc., a U.S. firm, expands into international markets through a joint venture. In this situation, Secure Investments owns
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part of the operation
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UniVision Corporation, a U.S. company, sets up a firm in Vietnam. UniVision remains in the United States and retains ownership of the Vietnamese branch, as well as authority and control over all phases of the operation. This is
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a wholly owned subsidiary
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Big Deal! Marketing Company, a U.S. firm, signs a contract with Comercio Exterior, Ltd., a Chilean firm, to give Comercio the right to use Big Deal!'s animation techniques and characters in product promotions. This is
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licensing
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Fresh Meds, Inc., a U.S. firm, contracts with Gong, Ltd., a Hong Kong firm, allowing Gong to use and profit from Fresh Meds' patented products. This is
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licensing
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Congresswoman Smith and other politicians want to prohibit the import of certain genetically modified agricultural products that they believe may pose a danger to domestic crops. With respect to these products' import, Congress can
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prohibit the imports
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The government of Korea sets a limit on the amount of rice that can be imported from the United States. This is
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a quota
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Mont Blanc S.A., a French firm, imports its goods into the United States and offers those goods for sale at "less than fair value." "Fair value" is the price of Mont Blanc's goods in
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France
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Omega, Ltd., imports athletic shoes made in Southeast Asia into the United States. To obtain a larger share of the U.S. market, Omega sells the athletic shoes at lower prices here than in its exporting countries. With respect to these imports, the United States may
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assess antidumping duties
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The United States and other members of a certain organization agree to grant normal trade relations (NTR) status to each other with regard to imports and exports. This organization is
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the World Trade Organization
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Suisse Internationale, a Swiss maker of athletic equipment, enters into a price fixing agreement with Total World Sports, a U.S. wholesaler of Suisse's products. U.S. courts will apply U.S. antitrust laws if
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the price fixing has a substantial effect on U.S. commerce
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Miranda is a U.S. citizen working in Europe for Tourist Vacations, Inc., a U.S. travel agency. Tourist fires Miranda for reasons that she believes violate U.S. antidiscrimination laws. Those laws apply
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extraterritorially
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The checks that you wrote are negotiable instruments that act as substitutes for cash.
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True
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All checks are time instruments.
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False
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A sight draft may be payable on acceptance.
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True
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On a cashiers check, the drawer is also always the payee
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False
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On a certificate of deposit, the bank is the maker and the depositor is the payee
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True
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To be negotiable, an instrument must be in writing
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True
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An instrument is nonnegotiable unless the word "negotiable" is printed on it
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False
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To be negotiable, an instrument cannot be portable
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False
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A symbol can serve as a valid signature
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True
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A signature on a negotiable instrument cannot be made by a device, such as a rubber stamp or thumbprint
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False
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With respect to negotiability, the location of a signature on a document is important
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False
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With respect to negotiability, a mere reference to another writing or record makes a promise conditional
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False
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With respect to negotiability, an order on an instrument may be addressed to one person or to more than one person, either jointly or alternatively.
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True
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To be negotiable, an instrument must be payable in money.
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True
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An instrument that promises to pay "in goods" can be negotiable.
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False
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To be negotiable, an instrument must be payable on demand.
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False
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An extension clause allows a payee or other holder of a time instrument to demand payment of the entire amount due, with interest, if a certain event occurs.
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False
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A holder is any person in possession of a negotiable instrument that is payable either to the bearer or to an identified person who is the person in possession.
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True
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An order instrument must identify the payee with certainty
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True
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A instrument "payable to the order of bearer" is neither an order instrument nor a bearer instrument.
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False
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On April 1 Richard arranges to buy a sixteen-speed bike from his neighbor Phil for $500. Phil agrees to deliver the bike on May 1. Richard writes a draft for $500 payable to Phil on May 1. In this situation, the draft is
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a time draft
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InterComp normally sells $50,000 worth of software to Power Source, a retail electronics store, each summer on terms requiring payment in sixty days. One year, InterComp wants cash, but Power Source wants the usual sixty days. To meet both needs, the parties can arrange
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a trade acceptance
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To obtain a business license, Bess writes a check to a certain state agency. Bess is
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the drawer
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Sarah has a checking account at Secure Bank. Sarah buys her roommate Sophie's two tickets to a Broadway musical for $200. Sarah writes Sophie a check for the tickets. In this situation, Secure Bank is
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the drawee
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Thalia signs an instrument unconditionally promising to pay to "Union Bank" $7500 with interest in installments with the final payment due June 1, 2017. Refer to Fact Pattern 25-1B. The instrument that Thalia signed is most likely
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a promissory note
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Thalia signs an instrument unconditionally promising to pay to "Union Bank" $7500 with interest in installments with the final payment due June 1, 2017. Refer to Fact Pattern 25-1B. With respect to this instrument, Union Bank is
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the payee
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Evermore Bank is both the drawer and the drawee with regard to a draft issued to Fernando. The draft is
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a cashier's check
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Willy deposits $5,000 with Home State Bank on July 1, 2012. Home State Bank promises to repay Willy the $5,000 plus 3 percent annual interest on July 1, 2017. This is
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a certificate of deposit
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To borrow money to finance the start-up of his business, Rollo executes an instrument in favor of Security Bank. For the instrument to be negotiable, the signature must be
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anywhere on the instrument
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Northwest Energy Corporation signs an instrument that states it is being executed "as per contract for a purchase of 4,000 barrels of oil dated September 1." This instrument is
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negotiable
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Bart, the owner of Clear Cut Corporation, signs an instrument that includes the phrase "payment for this note will be made from the proceeds of next year's timber sale." This instrument is
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negotiable
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Eden signs a promissory note payable to the order of First Mortgage Company. The note states that it is payable "with interest at the legal rate." This note is
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negotiable
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Brie wants one of Cari's purebred Dalmations. Brie signs an instrument in which she promises to pay Jasmine for a puppy. The instrument will be negotiable if it is payable in
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money
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Grace signs an instrument payable to the order of Hillside Credit Union "on or before" June 15. This instrument is
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negotiable
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Payday Loans, Inc., signs an instrument payable to the order of Qiana that states, "The maker of this note at the date of maturity, April 1, 2016, can extend the time of payment, but for no more than a reasonable time." This instrument is
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nonnegotiable, because it is not payable within a definite time
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Merry draws a check payable to "Cash" and presents it to National Bank for payment. This instrument is
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a bearer instrument
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Efron borrows money to pay his tuition and signs a note payable to First Citizens Bank. The bank assigns the note to Guaranty Bank. The assignment
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does not affect Efron's obligation to pay the note as promised
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To buy a stuffed cow, Ken executes a check "pay to Laura or bearer" and gives it to Laura, who does not own a stuffed cow. This check is
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negotiable
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Trixie signs a $1,500 note payable, at 4.25 percent interest, on October 1 to Urban Bank and writes on its face that it is "nonnegotiable." This note is
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nonnegotiable, because it includes the notation "nonnegotiable"
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Cricket signs a check payable to the order of Discount Warehouse, Inc., that does not include a date. This check is
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negotiable
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Cricket signs a check payable to the order of Discount Warehouse, Inc., that does not include a date. This check is
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negotiable
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