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).

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