Question 1

The Case Opener discussed whether FedEx illegally refused to collectively bargain with single-route drivers on the basis that they were independent contractors,not employees.Which of the following is true regarding the result?

Accepted Answer

A)In determining that FedEx did not exercise the degree of control necessary for the relationship to be considered employer-employee,the court found that the route drivers were independent contractors having "significant entrepreneurial opportunity for gain or loss."
B)In determining that FedEx did not exercise the degree of control necessary for the relationship to be considered employer-employee,the court found that the route drivers were independent contractors having "significant entrepreneurial opportunity for gain or loss."
C)In determining that FedEx did not exercise the degree of control necessary for the relationship to be considered employer-employee,the court found that the route drivers were independent contractors having "significant entrepreneurial opportunity for gain or loss."
D)In determining that FedEx did not exercise the degree of control necessary for the relationship to be considered employer-employee,the court found that the route drivers were independent contractors having "significant entrepreneurial opportunity for gain or loss."
E)In determining that FedEx did not exercise the degree of control necessary for the relationship to be considered employer-employee,the court found that the route drivers were independent contractors having "significant entrepreneurial opportunity for gain or loss."

Question 2

Which document gives an agent authority to sign legal documents on behalf of the principal?

Accepted Answer

A)A power of attorney establishes an agency by agreement that gives an agent
authority to sign legal documents on behalf of the principal.
B)A power of attorney establishes an agency by agreement that gives an agent authority to sign legal documents on behalf of the principal.
C)A power of attorney establishes an agency by agreement that gives an agent authority to sign legal documents on behalf of the principal.
D)A power of attorney establishes an agency by agreement that gives an agent authority to sign legal documents on behalf of the principal.
E)A power of attorney establishes an agency by agreement that gives an agent authority to sign legal documents on behalf of the principal.

Question 3

Which of the following types of agency occurs when a principal leads a third party to believe another individual serves as his or her agent,but the principal has actually made no agreement with the so-called agent?

Accepted Answer

A)Suppose a principal falsely leads a third party to believe another individual
serves as his or her agent.By his or her conduct,the principal has created apparent agency.
B)Suppose a principal falsely leads a third party to believe another individual serves as his or her agent.By his or her conduct,the principal has created apparent agency.
C)Suppose a principal falsely leads a third party to believe another individual serves as his or her agent.By his or her conduct,the principal has created apparent agency.
D)Suppose a principal falsely leads a third party to believe another individual serves as his or her agent.By his or her conduct,the principal has created apparent agency.
E)Suppose a principal falsely leads a third party to believe another individual serves as his or her agent.By his or her conduct,the principal has created apparent agency.

Question 4

Which of the following is false regarding civil law and a power of attorney in Luxembourg?

Accepted Answer

A)In the United States and other common law jurisdictions,a power of attorney authorizes the agent only to "conduct a series of transactions" under instruction from the principal.This limitation makes the power of attorney in common law distinctly different from that provided by civil law,which authorizes the agent to do "everything and anything which the principal himself could do."

Question 5

Under which of the following does a principal give authority to an agent only for the specific areas or purposes listed in the agency agreement?

Accepted Answer

A)A specific power of attorney gives authority only for the specific areas or
purposes listed in the agreement.
B)A specific power of attorney gives authority only for the specific areas or purposes listed in the agreement.
C)A specific power of attorney gives authority only for the specific areas or purposes listed in the agreement.
D)A specific power of attorney gives authority only for the specific areas or purposes listed in the agreement.
E)A specific power of attorney gives authority only for the specific areas or purposes listed in the agreement.

Question 6

Which of the following is the most common form of agency?

Accepted Answer

A)Expressed agency is the most common type of agency.
B)Expressed agency is the most common type of agency.
C)Expressed agency is the most common type of agency.
D)Expressed agency is the most common type of agency.
E)Expressed agency is the most common type of agency.

Question 7

A is a written document,created by a principal,expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity.

Accepted Answer

A)A principal may preemptively enact a durable power of attorney,a written
document expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity.
B)A principal may preemptively enact a durable power of attorney,a written document expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity.
C)A principal may preemptively enact a durable power of attorney,a written document expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity.
D)A principal may preemptively enact a durable power of attorney,a written document expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity.
E)A principal may preemptively enact a durable power of attorney,a written document expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity.

Question 8

Which of the following is not a type of independent contractor?

Accepted Answer

A)The Restatement of Agency defines an independent contractor as "a person who
contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking." Building contractors,doctors,stockbrokers,and lawyers are types of independent contractors.
B)The Restatement of Agency defines an independent contractor as "a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking." Building contractors,doctors,stockbrokers,and lawyers are types of independent contractors.

Question 9

Under which of the following does a principal give an agent broad authority to sign legal documents on behalf of the principal?

Accepted Answer

A)A general power of attorney grants broad authority.
B)A general power of attorney grants broad authority.
C)A general power of attorney grants broad authority.
D)A general power of attorney grants broad authority.
E)A general power of attorney grants broad authority.

Question 10

If a principal agrees to hire no other agent for a period of time or until a particular job is done,the principal and agent have entered into a[n] _ agency contract.

Accepted Answer

A)If the principal agrees to hire no other agent for a period of time or until a
particular job is done,the principal and agent have entered into an exclusive agency contract.
B)If the principal agrees to hire no other agent for a period of time or until a particular job is done,the principal and agent have entered into an exclusive agency contract.
C)If the principal agrees to hire no other agent for a period of time or until a particular job is done,the principal and agent have entered into an exclusive agency contract.
D)If the principal agrees to hire no other agent for a period of time or until a particular job is done,the principal and agent have entered into an exclusive agency contract.
E)If the principal agrees to hire no other agent for a period of time or until a particular job is done,the principal and agent have entered into an exclusive agency contract.

Question 11

Which of the following is false regarding intellectual property rights?

Accepted Answer

A)According to the Copyright Act of 1976,17 U.S.C.§§ 101-810,a federal law,when an employee completes work at the request of the employer,the product is considered a "work for hire" and the employer owns the copyright.
B)According to the Copyright Act of 1976,17 U.S.C.§§ 101-810,a federal law,when an employee completes work at the request of the employer,the product is considered a "work for hire" and the employer owns the copyright.
C)According to the Copyright Act of 1976,17 U.S.C.§§ 101-810,a federal law,when an employee completes work at the request of the employer,the product is considered a "work for hire" and the employer owns the copyright.
D)According to the Copyright Act of 1976,17 U.S.C.§§ 101-810,a federal law,when an employee completes work at the request of the employer,the product is considered a "work for hire" and the employer owns the copyright.
E)According to the Copyright Act of 1976,17 U.S.C.§§ 101-810,a federal law,when an employee completes work at the request of the employer,the product is considered a "work for hire" and the employer owns the copyright.

Question 12

A person who contracts with another to do something for the other person,but is not controlled by the other,nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking,is referred to as which of the following?

Accepted Answer

A)The Restatement of Agency defines an independent contractor as "a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking."
B)The Restatement of Agency defines an independent contractor as "a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking."
C)The Restatement of Agency defines an independent contractor as "a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking."
D)The Restatement of Agency defines an independent contractor as "a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking."
E)The Restatement of Agency defines an independent contractor as "a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking."

Question 13

Which of the following is false regarding implied agency and apparent agency?

Accepted Answer

A)Agency by implied authority cannot conflict with any express authority.
B)Agency by implied authority cannot conflict with any express authority.
C)Agency by implied authority cannot conflict with any express authority.
D)Agency by implied authority cannot conflict with any express authority.
E)Agency by implied authority cannot conflict with any express authority.

Question 14

Which of the following is another name for apparent agency?

Accepted Answer

A)Suppose a principal falsely leads a third party to believe another individual
serves as his or her agent.By his or her conduct,the principal has created apparent agency or agency by estoppel.
B)Suppose a principal falsely leads a third party to believe another individual serves as his or her agent.By his or her conduct,the principal has created apparent agency or agency by estoppel.
C)Suppose a principal falsely leads a third party to believe another individual serves as his or her agent.By his or her conduct,the principal has created apparent agency or agency by estoppel.
D)Suppose a principal falsely leads a third party to believe another individual serves as his or her agent.By his or her conduct,the principal has created apparent agency or agency by estoppel.
E)Suppose a principal falsely leads a third party to believe another individual serves as his or her agent.By his or her conduct,the principal has created apparent agency or agency by estoppel.

Question 15

As set forth in the text,which of the following is false regarding agency law in relation to sports agents?

Accepted Answer

A)The specific legislation that regulates the conduct of athlete agents in these 40
states is the Uniform Athlete Agents Act UAAA).
B)The specific legislation that regulates the conduct of athlete agents in these 40 states is the Uniform Athlete Agents Act UAAA).
C)The specific legislation that regulates the conduct of athlete agents in these 40 states is the Uniform Athlete Agents Act UAAA).
D)The specific legislation that regulates the conduct of athlete agents in these 40 states is the Uniform Athlete Agents Act UAAA).
E)The specific legislation that regulates the conduct of athlete agents in these 40 states is the Uniform Athlete Agents Act UAAA).

Question 16

In the text case,Penny Garrison v.The Superior Court of Los Angeles,plaintiffs sought to sue a residential care facility and avoid the effect of a durable power of attorney by which the decedent's daughter signed agreements to arbitrate disputes involving the facility.Which of the following was the result?

Accepted Answer

A)According to the court,"Because the durable power of attorney was legal and enforceable,Garrison [the daughter] could not cancel the agreements into which she entered."
B)According to the court,"Because the durable power of attorney was legal and enforceable,Garrison [the daughter] could not cancel the agreements into which she entered."
C)According to the court,"Because the durable power of attorney was legal and enforceable,Garrison [the daughter] could not cancel the agreements into which she entered."
D)According to the court,"Because the durable power of attorney was legal and enforceable,Garrison [the daughter] could not cancel the agreements into which she entered."
E)According to the court,"Because the durable power of attorney was legal and enforceable,Garrison [the daughter] could not cancel the agreements into which she entered."

Question 17

Which of the following is true regarding an employer's tort liability for the actions of employees and independent contractors?

Accepted Answer

A)Employers are generally liable in tort for the actions of their employees,while they are generally not liable for the actions of independent contractors.
B)Employers are generally liable in tort for the actions of their employees,while they are generally not liable for the actions of independent contractors.
C)Employers are generally liable in tort for the actions of their employees,while they are generally not liable for the actions of independent contractors.
D)Employers are generally liable in tort for the actions of their employees,while they are generally not liable for the actions of independent contractors.
E)Employers are generally liable in tort for the actions of their employees,while they are generally not liable for the actions of independent contractors.

Question 18

Which of the following is true regarding criteria needed for creation of the agency relationship?

Accepted Answer

A)There are two criteria for the creation of agency relationships.First,like contracts,they can be created only for a lawful purpose;thus,a principal could not hire an agent to kill someone on his or her behalf.Second,almost anyone can act as an agent;however,an individual who does not have contractual capacity,such as a minor,cannot hire an agent to make contracts on his or her behalf.

Question 19

Which of the following is not one of the criteria listed in the text as indicative of whether a worker is an employee or an independent contractor?

Accepted Answer

A)Exhibit 33-4 lists criteria leading to a determination of employee or independent
contractor status.The amount of time the worker has been involved in the trade or area at issue is not one of the criteria.
B)Exhibit 33-4 lists criteria leading to a determination of employee or independent contractor status.The amount of time the worker has been involved in the trade or area at issue is not one of the criteria.
C)Exhibit 33-4 lists criteria leading to a determination of employee or independent contractor status.The amount of time the worker has been involved in the trade or area at issue is not one of the criteria.
D)Exhibit 33-4 lists criteria leading to a determination of employee or independent contractor status.The amount of time the worker has been involved in the trade or area at issue is not one of the criteria.
E)Exhibit 33-4 lists criteria leading to a determination of employee or independent contractor status.The amount of time the worker has been involved in the trade or area at issue is not one of the criteria.

Question 20

Which of the following is false regarding the employer-employee relationship?

Accepted Answer

A)The question of whether a worker is an employee or an independent contractor has important implications because the employer-employee relationship is subject to the workers' compensation,workplace safety,employment discrimination,and unemployment statutes,while the employer-independent contractor relationship is not.

Quiz 33: Agency Formation and Duties