· Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?
Which of the following is true in the creation of a general partnership?
The business cannot operate under a trade name.
Which type of business formation is typically reserved for professionals such as accountants, lawyers, and doctors?
Which of the following is true about the choice of business entity for an entrepreneur?
When parties agree in advance to adhere to an arbitrator’s decision and award, it is known as
Which of the following is true of The Federal Arbitration Act?
It permits an appeal for all arbitration awards.
Which of the following is true of a corporation?
George has served Mary with a complaint alleging breach of contract. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she
should not respond to George’s complaint as an answer implies an admission
What is the effect of having a corporation as the general partner of a limited partnership?
Which of the following is true regarding mediation?
A settlement agreement is never reached with a mediator.
Fred and Ginger are general partners in a business. They decide to purchase a building for the partnership. Ginger will put up the money for the building, and Fred will complete the remodeling. While inspecting the building, Fred is informed that the building is packed full of asbestos. He fails to tell Ginger of the presence of the substance. They buy the building and go into business. During the remodeling of the building, people from the neighborhood begin complaining about the dust from the building. Some of them even threaten to sue. Who is liable?
Neither Ginger nor Fred are liable personally, nor is the partnership, as they did not put the substance in the building.
Which of the following is one of the major purposes of a settlement conference?
To contest the local court rules
The Black Squirrel limited partnership has been in operation for many years, but has recently fallen on hard times. The partners have decided to dissolve, although there are few assets remaining in the partnership. Shortly after the partnership filed its certificate of limited partnership, the partners had the foresight to incorporate into their partnership agreement a provision that, in the event of dissolution, the assets would be distributed in payment of claims first to limited partners, then to general partners, then to creditors. Hilda is a limited partner and feels relieved that she will receive at least a portion of her capital. Henry, one of the general partners, said that this provision is void and unenforceable. Which of the following best describes this situation?
The provision placing limited partners ahead of general partners is unenforceable, thus all partners would be on an equal footing and ahead of creditors.
Martha started a flower shop as a sole proprietor. After 1 year, she was forced to close the shop because business was so bad. At that time, the business assets totaled $50,000, but the business liabilities totaled $125,000. Which of the following statements is true?
Once Martha terminates the sole proprietorship, she is no longer liable for the $50,000.
Which of the following is true of arbitration?
There are two general partners, each of whom contributes $5,000 in capital to a limited partnership. There are two limited partners, each of whom contributes $20,000. The total amount of capital contributed is $50,000. The limited partnership agreement does not stipulate how profits and losses are to be allocated. Assume that the limited partnership makes $300,000 in profits. Under the Revised Uniform Limited Partnership Act (RULPA), how much would each partner receive?