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Law
Q:
For an agent's implied authority to be effective, a principal must ratify it.
Q:
Only state law governs drug tests of private-sector employees.
Q:
There is a right to a jury trial for a case at law in a federal court only when the amount in controversy exceeds a certain amount.
Q:
The equal dignity rule requires that a principal and agent treat each other with "equal dignity."
Q:
An employer can require an employee to take a lie-detector test when investigating losses attributable to theft.
Q:
Giving an agent a power of attorney confers implied authority.
Q:
Generally, an employer's monitoring of electronic communications in the workplace does not violate employees' privacy rights.
Q:
In most states, if neither party requests a jury, the court will seat a jury on its own motion.
Q:
No employee has a reasonable expectation of privacy in the workplace.
Q:
In most states, if neither party requests a jury, there will be no jury trial.
Q:
Authority declared in clear, direct, definite terms is express authority.
Q:
A principal owes an agent a duty of compensation.
Q:
Most employees can continue the group health benefits provided by their employers for a limited period of time after the loss of employment.
Q:
Discovery is the process of gathering evidence concerning a case.
Q:
An employee can continue the health benefits provided by his or her employer for a period of time only on an involuntary loss of employment.
Q:
If a principal cannot be contacted in an emergency situation, an agent cannot deviate from previously given instructions.
Q:
A motion for summary judgment may be supported with materials outside the pleadings.
Q:
An agent has a duty to keep and make available to the principal an account of all property and funds received and paid out on behalf of the principal.
Q:
Employee contributions to pension plans vest immediately.
Q:
Only a plaintiff may file a motion for summary judgment.
Q:
A motion for judgment on the pleadings may be supported with materials outside the pleadings.
Q:
Remedies of the agent for breach of duty by the principal arise out of contract and tort law.
Q:
All unemployed workers are eligible for unemployment compensation.
Q:
An answer can deny the allegations made in a complaint.
Q:
It is basic tenet of agency law that notice to the agent is notice to the principal.
Q:
Employers who provide pension plans for retired workers must comply with certain standards in managing the plans.
Q:
A state's rules of civil procedure govern a civil trial held in that state's courts.
Q:
Generally, the agent owes the principal no duties.
Q:
Ace Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that the evidence presented at trial to support Ace's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues BSC, the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings with respect to the facts? If not, why not? What are an appellate court's options after reviewing a case?
Q:
The basis for contributions to help pay for an employee's loss of income on retirement is the employee's annual wage base.
Q:
An agency relationship may occur by operation of law in a family.
Q:
Once an employee receives workers' compensation, he or she can maintain a suit against the employer for negligence.
Q:
A principal who causes a third person to believe that another person is the principal's agent can be estopped from denying the agency relationship.
Q:
Delta Stores, Inc., files a suit in a state court against Eagle Computer Corporation, alleging that Eagle breached a contract to sell 500 notebook computers to Delta. During the course of the suit, Delta files a motion for judgment on the pleadings, Eagle files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what purpose are each of these motions made?
Q:
Employer who willfully violates safety regulations can be prosecuted under state criminal laws.
Q:
To recover workers' compensation, an employee must prove that an injury was the fault of the employer.
Q:
An agency relationship cannot exist in the absence of a formal agreement.
Q:
Fact Pattern 3-3
Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict.
Refer to Fact Pattern 3-3. If Lewis appeals to, and files a brief with, a state appellate court, Kelly's attorney may file within a prescribed period of time
a. an advisory interrogatory.
b. an answering brief.
c. a request for a deposition.
d. a responding motion for judgment on the brief.
Q:
An agency relationship must be based on an express or implied agreement that the agent will act for principal and that the principal agrees to have the agent so act.
Q:
Only the states set safety standards governing workplaces.
Q:
Fact Pattern 3-3
Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict.
Refer to Fact Pattern 3-3. If Kelly decides to appeal to a state appellate court, Kelly's attorney must file, with the clerk of the appellate court within a prescribed period of time
a. a demand to be heard.
b. a motion for a judgment n.o.v.
c. a notice of appeal.
d. a request for affirmance, remand, or reversal.
Q:
Fact Pattern 3-3
Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict.
Refer to Fact Pattern 3-3. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time
a. a brief including the arguments of both parties.
b. a copy of the record on appeal.
c. an explanation for the verdict.
d. a statement of the grounds for reversal.
Q:
An agency relationship created for an illegal purpose is enforceable.
Q:
Certain employers must provide their employees with up to twelve weeks of family or medical leave during any twelve-month period.
Q:
Fact Pattern 3-3
Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict.
Refer to Fact Pattern 3-3. If Lewis decides to appeal to a state appellate court, Lewis's attorney must file, with the clerk of the trial court within a prescribed period of time
a. a formal refusal to abide by the verdict.
b. a notice of appeal.
c. a transcript of the trial and copies of the exhibits.
d. the judgment order from which the appeal is taken.
Q:
A person must have contractual capacity to be an agent.
Q:
In Kay's suit against Local Industries, Inc., the jury returns a verdict in Kay's favor. Local Industries files a motion stating that even if the evidence is viewed in the light most favorable to Kay, a reasonable jury should not have found in her favor. This is a motion for
a. a judgment in accordance with the verdict.
b. a judgment on the pleadings.
c. a new trial.
d. judgment n.o.v.
Q:
Under federal law, only key employees who take temporary family or medical leave are entitled to job reinstatement.
Q:
All employees are entitled to overtime pay.
Q:
An agency relationship can only be formed with a written agreement.
Q:
Fact Pattern 3-2
Diners Corporation files a suit against Eateries, Inc.
Refer to Fact Pattern 3-2. After Diners' attorney's presents the plaintiff's case, the attorney for Eateries can
a. file a motion for a directed verdict only.
b. file a motion for a directed verdict or present the defendant's case.
c. neither file a motion for a verdict nor present the defendant's case.
d. present the defendant's case only.
Q:
Whistleblower statutes protect employers who retaliate against their employees for "blowing the whistle."
Q:
An independent contractor is an employer who controls his or her agent's performance.
Q:
Fact Pattern 3-2
Diners Corporation files a suit against Eateries, Inc.
Refer to Fact Pattern 3-2. The attorney for Eateries also questions Floyd. This is
a. a cross-examination.
b. a direct examination.
c. an interrogatory.
d. a request for admissions.
Q:
The relationship between a principal and an independent contractor always involves an agency relationship.
Q:
Firing a worker who refuses to perform an illegal act violates public policy.
Q:
An independent contractor is an employee.
Q:
Fact Pattern 3-2
Diners Corporation files a suit against Eateries, Inc.
Refer to Fact Pattern 3-2. During the trial, Diners' attorney questions the plaintiff's witness Floyd. This is
a. a cross-examination.
b. a direct examination.
c. an interrogatory.
d. a request for admissions.
Q:
An oral promise that an employer makes to employees regarding discharge policy may be considered part of an implied contract.
Q:
Real estate brokers are independent contractors.
Q:
Standard Supplies Company files a suit against Tool Maker, Inc., over a contract. Before the trial begins, Standard can obtain from Tool
a. access to related documents in Tool's possession.
b. accurate information about Tool's trade secrets.
c. an admission of the truth of matters unrelated to the contract.
d. none of the above.
Q:
There are no exceptions to the employment-at-will doctrine.
Q:
An employer has no control over an employee's work.
Q:
In Ed's suit against First National Bank, the discovery phase would include all of the following except
a. Ed's complaint.
b. Ed's deposition.
c. Ed's requests for First National's admissions.
d. First National's replies to Ed's interrogatories.
Q:
Employees who deal with third parties are agents of their employers.
Q:
Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is
a. a counterclaim.
b. a motion for judgment on the pleadings.
c. a motion for summary judgment.
d. a motion to dismiss.
Q:
The employment-at-will doctrine is little used today.
Q:
In a principal-agent relationship, the parties agree that the principal will act on behalf and instead of the agent in negotiating and transacting business with third persons.
Q:
Ann files a suit against Beta Products, Inc. Beta responds that even if Ann's statement of the facts is true, according to the law Beta is not liable. This is
a. a counterclaim.
b. a motion for judgment on the pleadings.
c. a motion for summary judgment.
d. a motion to dismiss.
Q:
Brenda is a purchasing agent for Commodities Exchange Corporation. Dennis, a Commodities corporate officer, gives Brenda written authority to buy for the firm as many computers and peripheral devices as necessary. The next day, Dennis calls Brenda and tells her to buy only fifty notebook computers and nothing else. Brenda shows the written authority to E-Products, Inc., and enters into a contract with E-Products to buy sixty notebook computers and a selection of printers, scanners, and extra storage media. E-Products ships the order to Commodities. Is Commodities liable to E-Products under the contract? Is Brenda liable? In each case, if so, why? If not, why not?
Q:
Through agents, a principal can conduct multiple business operations simultaneously.
Q:
Principal Resources Corporation contracts with Quality Construction to build an addition to Principal's corporate office building. Quality contracts with Rite Supply Company for materials for the addition but refuses to pick up the materials. Meanwhile, Principal hires Skye, a certified public accountant, to work in its cost-accounting division as an employee, with no authority to hire or supervise others. Skye asks Theo, an outside experienced accountant, to advise her on certain accounting procedures but fails to pay Theo for the service. Principal also contracts with Uma, a salesperson, to solicit orders for its products in a designated territory. Uma obtains an order from Verity Industries, Inc., which is assured the order will be filled soon. But Uma does not follow through with the paperwork and fails to submit the order to Principal. Verity suffers a loss. Rite Supply, Theo, and Verity Industries claim Principal is liable under agency law. Discuss fully whether an agency relationship was created by Principal with Quality Construction, Skye, or Uma.
Q:
Linda files a suit against Kate. Kate denies Linda's charges and sets forth her own claim that Linda breached their contract and owes Kate money for the breach. This is
a. an affirmative defense.
b. a counterclaim.
c. a crossclaim.
d. an irrelevant response.
Q:
A principal has the right to control an agent's conduct in matters entrusted to the agent.
Q:
Opal files a complaint in a suit against Phil, and he files an answer. The case may now be
a. dismissed only after a trial begins.
b. dismissed or settled at this point.
c. resolved only after a trial ends.
d. settled only during a trial.
Q:
Frida hires Gert, a real estate broker, to act as her agent to sell her house. The house burns down before being sold. The agency agreement is likely
a. still in force if Frida gives Gert additional consideration.
b. still in force if Gert does not tell prospective customers.
c. terminated by mutual consent of the parties.
d. terminated by operation of law.
Q:
Tire Manufacturing Company employs Uri as an agent. To terminate Uri's authority, Tire Manufacturing must notify
a. only third parties who are aware of the agency relationship.
b. the public generally.
c. Uri and any third parties who are aware of the agency relationship.
d. Uri only.
Q:
All-USA Imports, Inc., disputes the use of "all-usa.com" as a domain name by All-USA Overseas Exports, Ltd., and files a suit to resolve the dispute. According to the court in Case 3.1, Rio Properties, Inc. v. Rio International Interlink, under the Constitution, service of process must be by
a. e-mail and traditional means.
b. e-mail only.
c. traditional means only.
d. whatever means is reasonably calculated to do the job.
Q:
Umberto and Tiara, who are married, borrow $110,000 from Sterling Credit Union to buy a home. The loan is a fixed-rate mortgage at 5.25 percent with a thirty-year term, subject to an acceleration clause, and secured by the home, which is their principal residence. When Umberto and Tiara have paid off $10,000 of the mortgagestill owing $100,000they lose their jobs and stop making payments. Sterling Credit makes numerous attempts to contact the couple, but they do not respond. Meanwhile, the market value of their home has declined to $85,000. After six months, Sterling Credit decides to take steps to recover the unpaid amount of the loan. What are the lender's options? Which option seems most likely? Why? What are the steps are involved?
Q:
Sierra borrows $175,000 from Regional Home Finance Corporation to buy a home. The loan is a twenty-year, 3/1, adjustable-rate mortgage, with an initial interest rate of 4.0 percent for three years and potential increases of up to 3.0 percent to a cap of 10 percent. Before the loan is completed, the lender discloses the amount of the loan principal, the initial interest rate, the initial annual percentage rate, and associated fees and costs. Not disclosed are material details about the amounts of the payments when the interest rate changes. Before the first increase takes effect, Sierra decides that she wants to rescind the loan. What is a "twenty-year, 3/1, adjustable-rate mortgage"? Can Sierra rescind this loan? Why or why not?