Answer Options:
liable for the purchase because Sam is her employee.
not liable for the purchase, based on Sam’s lack of a power of attorney.
liable for the purchase, based on the creation of an agency by operation of law.
not liable for the purchase, based on Sam’s duty of performance.
Answer: liable for the purchase, based on the creation of an agency by operation of law.
Question: Napoleon owns Napoleon’s Construction and agrees to renovate Mrs. Cernan’s bathroom. She will provide him with the plans, and then he will do the work in the manner that he determines is most cost effective and appropriate. Napoleon is likely to be classified as:
Answer Options:
an employee.
an independent contractor.
a covered contractor.
a partially disclosed principal.
Answer: an independent contractor.
Question: Michelle hires Christina to go from Florida to New York and negotiate a contract for his company. He gives her specific instructions on what should be in the contract, and a written letter that gives her authority to sign on his behalf. Christina books a plane ticket, flies to New York, hires a cab, and successfully negotiates the contract. If Christina is paid for the plane ticket and cab fare, as well as meals while in New York, it is most likely under the principal’s duty of:
Answer Options:
compensation.
travel coverage.
reimbursement.
cooperation.
Answer: reimbursement.
Question: Ted is running down the sidewalk at a high rate of speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except:
Answer Options:
duty.
causation.
damages.
breach.
Answer: damages.
Question: Cheryl knows that Jake is looking to buy a new scooter. She sees one that would be perfect and negotiates with the seller on Jake’s behalf. She signs a contract for the scooter using her name but clearly indicating that she is working for Jake. She actually is not. When Jake sees the scooter, he loves it and agrees to pay the contract price. If agency exists in this situation, it is agency by:
Answer Options:
ratification.
agreement.
operation of law.
Answer: ratification.
Question: Jackson offers to pay Casey $50 for his used business law textbook. Casey agrees to sell it for that amount. They agree to meet one week later to exchange the money for the book. Casey and Jackson have formed:
Answer Options:
a formal contract.
a unilateral contract.
a bilateral contract.
no contract.
Answer: a bilateral contract.
Question: In 2014, Maguba wrote her memoirs, My Life in the Congo. Maguba did not register a copyright. Under federal copyright law, Maguba’s book:
Answer Options:
is protected for ten years.
is protected forever.
is not protected at all.
is protected for her life plus seventy years.
Answer: is protected for her life plus seventy years.
Question: Immediately following the arrival of the stimulus at a skeletal muscle cell there is a short period called the ________ period during which the neurotransmitter is released by exocytosis, diffuses across the synaptic cleft, and binds to its receptors.
Answer Options:
relaxation
contraction
latent
refractory
Answer: latent
Question: Shane is the manager of the Twinkle Toy Store. Katie is his best employee. Shane tells Katie: “You’ve been doing a great job lately. If I like what you do over the next two months, I’ll give you a $1,000 bonus.” This is:
Answer Options:
valid consideration.
an illusory promise.
an accord and satisfaction.
a requirements contract.
Answer: an illusory promise.
Question: Charles loses his breach-of-contract case against Micheletta in a Georgia state trial court. Charles appeals to the state court of appeals. Losing again, he files his next appeal with:
a U.S. Circuit Court of Appeals.
the United States Supreme Court.
a U.S. district court.
the Georgia Supreme Court.
Answer: the Georgia Supreme Court.
Question: Glen is a dairy farmer who owns 500 milk cows. His fences are in poor repair, and his cows are often found eating the grass on Hank’s land. Hank believes that Glen is responsible for damages to Hank’s land on a theory of strict liability. The court will most likely find that Glen is:
Answer Options:
liable even though the animals did not pose a serious risk of harm to people.
not liable under the theory of strict liability because Glen did not control his animals.
liable because cattle are animals, not humans.
not liable because raising cattle is not an inherently dangerous activity.
Answer: not liable because raising cattle is not an inherently dangerous activity.
Question: Abigail takes Julie’s laptop without her permission, and when she returns it a week later, it is obvious it has been damaged. Abigail has probably committed the tort of:
Answer Options:
slander of title.
trespass to personal property.
conversion.
dispossession of property.
Answer: conversion.
Question: Immediately following the arrival of the stimulus at a skeletal muscle cell there is a short period called the ________ period during which the neurotransmitter is released by exocytosis, diffuses across the synaptic cleft, and binds to its receptors.
Answer Options:
relaxation
contraction
latent
refractory
Answer: latent
Question: What is the role of troponin in skeletal muscles?
Answer Options:
Troponin serves as a contraction inhibitor by blocking the actin binding sites on the myosin molecules.
Troponin is the chemical that activates the myosin heads.
Troponin is the receptor for the motor neuron neurotransmitter.
Troponin serves as a contraction inhibitor by blocking the myosin binding sites on the actin molecules.
Answer: Troponin serves as a contraction inhibitor by blocking the actin binding sites on the myosin molecules.
Question: Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot Products’ in the air conditioners it manufactures. Allied Electric does not have Hot Products’ permission to use the motor. Can Hot Products win a patent infringement case against Allied Electric?
Answer Options:
No, unless Hot Products’ sales took the motor in the marketplace.
No, unless customers are confused.
Yes, if Allied Electric and Hot Products are competitors.
Yes, because Allied Electric infringed on Hot Products’ patent.
Answer: Yes, because Allied Electric infringed on Hot Products’ patent.
Question: Which of the following is the correct sequence of events for muscle contractions?
Answer Options:
neurotransmitter release, motor neuron action potential, muscle cell action potential, release of calcium ions from SR, ATP-driven power stroke
motor neuron action potential, neurotransmitter release, muscle cell action potential, release of calcium ions from SR, ATP-driven power stroke, sliding of myofilaments
muscle cell action potential, neurotransmitter release, ATP-driven power stroke, calcium ion release from SR, sliding of myofilaments
Answer: motor neuron action potential, neurotransmitter release, muscle cell action potential, release of calcium ions from SR, ATP-driven power stroke, sliding of myofilaments
Question: Congress passes a law prohibiting cigars made in Cuba from being sold in the United States. The Florida state legislature then passes a law allowing the sale of Cuban cigars in Florida. The constitutionality of the Florida law is challenged in court, it will ____.
uphold on the basis of the supremacy clause.
struck down on the basis of the supremacy clause.
Answer: struck down on the basis of the supremacy clause.