APU BUS311 midterm exam

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Question 1 of 20
5.0 Points
In pre-trial discovery, if a business does not produce incriminating e-mails the court can instruct the jury that it can make negative inferences from the lost documents.
A.True
B.False
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Question 2 of 20
5.0 Points
In litigation, indirect non-legal costs are roughly the same amount as direct legal costs.
A.True
B.False
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Question 3 of 20
5.0 Points
All of the following are ways to lower business risk except:
A.stick to company business
B.always be respectful, courteous and constructive
C.keep matters confidential
D.take shortcuts to increase profits
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Question 4 of 20
5.0 Points
Issuing a public apology for corporate wrongdoing will always result in increased litigation.
A.True
B.False
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Question 5 of 20
5.0 Points
When answering a complaint the defendant can do all of the following except:
A.deny the allegations set forth in the complaint
B.list defenses
C.admit to the allegations set forth in the complaint
D.defer answering for 180 days
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Question 6 of 20
5.0 Points
All of the following are methods of alternative dispute resolution except for:
A.mediation
B.litigation
C.arbitration
D.settlement
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Question 7 of 20
5.0 Points
The monetary damage award set out by the court is the amount the prevailing party is guaranteed to receive from the losing party.
A.True
B.False
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Question 8 of 20
5.0 Points
Examples of antitrust activities include all of the following except for:
A.price fixing
B.allocation of markets
C.standardization among trade association members
D.concerted refusal to deal
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Question 9 of 20
5.0 Points
The grant of a patent is a limited “monopoly” and can run counter to the antitrust principle encouraging free and open markets.
A.True
B.False
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Question 10 of 20
5.0 Points
All of the following are a type of contract except:
A.Express
B.Implied
C.Enduring
D.Unilateral
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Question 11 of 20
5.0 Points
Which of the following is not a form of business organization?
A.Limited Liability Corporation
B.Partnership
C.Sole Proprietorship
D.Corporation
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Question 12 of 20
5.0 Points
Identify the correct statement about liability in business organizations
A.A partner is not responsible for the debts of the partnership.
B.A sole proprietor is personally liable for all debts of the business.
C.A shareholder is responsible for the debts of the corporation.
D.A member is personally liable for the debts of the LLC.
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Question 13 of 20
5.0 Points
The revenue from a Chapter C corporations is taxed twice.
A.True
B.False
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Question 14 of 20
5.0 Points
The test for mental capacity to enter into a contract is whether the person has reached the age of majority
A.True
B.False
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Question 15 of 20
5.0 Points
A partnership must prepare an income tax return but the partnership pays no income taxes itself.
A.True
B.False
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Question 16 of 20
10.0 Points
Using only the course materials, describe three differences between a limited liability company and a corporation. Cite your sources.

Question 17 of 20
10.0 Points
Using only the course materials, list and provide examples for five defenses to a breach of contract claim. Cite your sources.

Question 18 of 20
10.0 Points
List three types of contracts that must be in writing in order to be enforceable. What doctrine applies here? Use only the course materials and cite your sources.

Question 19 of 20
10.0 Points
Jim wants to sell his car to Marsha. Describe what elements would need to be present in order to have a valid contract. Would this contract fall under the UCC? Why or why not? Use only the course materials and cite your sources.

Question 20 of 20
10.0 Points
List at least three factors that weigh in favor of patents. List three factors that weigh in favor of trade secrets. Use only the course materials and cite your sources.

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