Which of the Following Is True Regarding Whether the "Common

question 29

Multiple Choice

Which of the following is true regarding whether the "common enterprise" element of the Securities and Exchange Commission v.W.J.Howey Co.case requires horizontal or vertical commonality?

• A) The federal circuits are in agreement that there must be horizontal commonality even if vertical commonality can be shown.
• B) The federal circuits are in agreement that there must be vertical commonality even if horizontal commonality can be shown.
• C) There is a split in the federal circuits as to whether the common enterprise element of the test can be met by showing horizontal commonality or whether there must be vertical commonality.
• D) There is a split in the federal circuits as to whether the common enterprise element of the test can be met by showing vertical commonality or whether there must be horizontal commonality.

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Definitions:

Safety Needs

Maslow's hierarchy of needs classifies safety needs as the second tier, which encompasses personal security, employment, resources, health, and property protection.

Structure

Structure refers to the arrangement or organization of components within a system, leading to an orderly and functional whole.

Stability

The tendency of an individual's personality traits or psychological state to remain consistent over time.

Innate Needs

Fundamental physiological or psychological requirements for the well-being of an organism that are natural and inherent.