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Business Law I, Bmgt 380, Midterm

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Business Law I, Bmgt 380, Midterm
UNIVERSITY OF MARYLAND UNIVERSITY COLLEGE
Business Law I, BMGT 380
Midterm Examination

This midterm examination is open book, open notes, but you are on the honor system not to seek assistance from anyone to complete this exam. There are 25 multiple choice questions worth 2 points each and 10 essay questions worth 5 points each, for a total of 100 points. Answer all the questions because for the essays partial credit is given where appropriate. Just submit the question number and your answer. Please do not submit the entire exam with questions and your answers because it will take up too much memory and it will take too much time to grade the exams. So delete everything but the question number and your answer (i.e. “1.c”) and submit to the Assignments section of WT no later than 9pm March 17. 5 point penalty for each day late.

Good luck. Mike Nye, Instructor

1. Sandy had applied for a permit with a federal administrative agency to operate a business within the boundaries of a popular national forest. The agency grants a limited number of these permits that allow operation of the business during the busy tourist season. The agency has turned down Sandy's application even though she received a permit in the prior year, paid the related fees on time, and violated none of the permit's conditions. The agency granted a permit to a different applicant who had never run this type of business previously. If Sandy appeals the decision to a court, what standard of review will they most likely use?

a. The arbitrary and capricious abuse of process test. b. The substantial evidence test. c. The unwarranted by the facts test. d. The unfair result test.

2. The two general elements required in a crime area:

a. Criminal act and damages. b. Criminal act and criminal intent. c. Criminal act and at least one impartial. d. Criminal act and resultant harm.

3. Where one party takes advantage of a confidential relationship when entering

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