1. The significance of a "frolic and detour" is that;It determines if an employee can be liable on a contract made on the employer's behalf.;It can determine if someone working for a business is an employee or independent contractor.;It can determine if an employer is liable for the negligence tort of an employee.;It can determine if an employee is liable for torts he commits on the job.;0.5 points;Question 2;1. A non-essential term of an offer under the common law may be the;Writing;Parties;Price;Subject Matter;0.5 points;Question 3;1. A merchant is a person who;Deals in goods of the kind involved in the transaction.;By his or her skill or occupation, holds himself or herself out as having special skill or knowledge regarding the goods in the transaction.;Employs a merchant as his or her agent.;Any of the above would qualify a person as a merchant.;0.5 points;Question 4;1. Corporations typically are required to hold shareholders? meetings at least;Annually;Every six months.;Twice a year, but they are not required to be held every six months.;Quarterly.;0.5 points;Question 5;1. Which of the following is a false statement?;A principal owes to his or her agent a duty to act in good faith.;If an agent?s contract with a third party is required to be in writing, then the agent?s authority from the principal to enter into that contract generally must be in writing.;An agent?s authority to act on behalf of a principal derives exclusively from the agent?s express actual authority.;A principal may confer authority on an agent by manifesting words or conduct to a third party..;0.5 points;Question 6;1. Which of the following is a false statement?;A. The requirement of a minimum amount in controversy for federal jurisdiction applies to diversity of citizenship cases.;B. The legal requirement of ?standing? requires that a plaintiff have a stake in the outcome of a case that is filed.;C. In rem jurisdiction can never be grounds to obtain jurisdiction of a lawsuit.;D. A forum-selection clause in a contract allows parties to a contract to agree to the jurisdiction of a court that otherwise might have personal jurisdiction.;0.5 points;Question 7;1. Which of the following statements is not correct?;Common law is a term for law that is common throughout the world in all major legal systems.;Money damages is the normal remedy at law today in common law legal systems.;Equitable remedies include injunctions and decrees of specific performance.;Generally, a state court can exercise jurisdiction over anyone within the boundaries of the state.;0.5 points;Question 8;1. X Business Corporation markets its products in three states. Under the Constitution?s commerce clause, Congress can regulate;any and all commercial activity in the United States.;only commercial activities that are in interstate commerce.;only commercial activities that are local.;only activities that have nothing to do with commerce.;0.5 points;Question 9;1. What as a general rule makes a covenant-not-to-compete legal in an employment contract?;a. The covenant must be reasonable as to time/duration.;b. The covenant must be reasonable as to place/territory.;c. The employer must be able to demonstrate that the covenant was necessary to protect a legitimate business interest of the employer.;d. All of the above.;0.5 points;Question 10;1. Which of the following is a false statement?;A. If only one item is flawed out of thousands of similar items that were manufactured, the one flawed product might not be the basis for a negligence lawsuit but could be the basis for a products liability lawsuit based on strict liability.;B. Failure to warn about the dangers of a product can make an otherwise safe product defective pursuant to strict liability law.;C. A defect in a manufactured product can make the manufacturer liable for injuries caused by the product even if the manufacturer exercised due care in the manufacture of the product.;D. In a products liability lawsuit based on strict liability, an injured plaintiff need only prove that the product caused him or her harm.;0.5 points;Question 11;1. What is a FALSE statement regarding monopolization analysis pursuant to Section 2 of the Sherman Act?;a. One generally cannot be guilty of or liable for monopolization without having a monopoly first.;b. One can have a monopoly but not have monopoly power and thus not be a monopolizing company.;c. All monopolies are illegal since they are inherently unfair to consumers.;d. Wrongful conduct by a monopoly to establish the legal wrong of monopolization includes illegal AND unethical, predatory, or abusive conduct (which is not necessarily illegal).
Paper#19014 | Written in 18-Jul-2015Price : $33