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A creditor must exhaust his or her judicial remedies against the principal before seeking to recover from the surety.

A. True
B. False

User Unglued
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1 Answer

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Final answer:

A creditor generally does not need to exhaust remedies against the principal before seeking recovery from the surety, which is false. The necessary and proper clause does not limit but rather expands the powers of the national government, making the exercise statement false. Jefferson's use of economic pressure against Britain and France was not successful, also false.

Step-by-step explanation:

The question regarding whether a creditor must exhaust judicial remedies against the principal before seeking to recover from the surety is generally false. In many cases, a surety agreement allows the creditor to demand payment from the surety without first pursuing the principal debtor. However, the exact details can vary depending on the terms of the surety contract and the laws of the jurisdiction.

Exercise 9.3.1 suggests that the necessary and proper clause limits the power of the national government, which is false. This clause, located in the U.S. Constitution Article I, Section 8, grants Congress the power to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution. It has actually been interpreted to expand the powers of Congress.

Exercise 11.1.3 inquires about Jefferson's efforts to use economic pressure to resolve the situation with Britain and France, suggesting it was successful. This is false; the Embargo Act of 1807 and subsequent measures were largely unsuccessful and caused significant economic hardship in the United States.

User Bart Blommaerts
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