CLEMSON LAW 3220 (JAHN) FINAL FREQUENTLY TESTED ACTUAL
QUESTIONS AND ANSWERS
Question 1.
John was hired by a car dealership to be its general manager. There is a clause in his
employment contract that says he is prohibited from recruiting fellow employees to leave
with him if he ever decides to take a job at another dealership. This provision is known as
a(n):
A. Covenant not to compete
B. Anti-Raiding Covenant
C. Anti-Competition Agreement
D. None of the above. This type of covenant is unenforceable in all states.
Correct Answer: Anti-Raiding Covenant
Question 2.
Which of the following statutes requires employers with 50 or more employees to provide
up to 12 weeks of unpaid leave if an employee (or a loved one) becomes seriously ill?
A. Family and Medical Leave Act
B. Fair Labor Standards Act
C. Occupational Safety and Health Act
D. Healthy Workforce Act
Correct Answer: Family and Medical Leave Act
Question 3.
Workers who are injured at work due to their employer's negligence may either collect
workers' compensation benefits or sue in tort. True or False?
Correct Answer: False
Question 4.
Bart, a supervisor at a plant gives advice to a couple of his subordinance who were injured
on the job telling them how to file a workers compensation claim against the company.
The plant manager instructs her to stay out of airport continues to advise the injured
workers, the plant manager fire bar for in ordination, but probably has a good claim for
wrongful discharge against the company because he was exercising at public right True or
False
Correct Answer: False
,Question 5.
A contract signed by a worker agreeing not to join a union is called a(n):
A. Exclusive employment agreement
B. Covenant not to compete
C. Anti-agency contract
D. Yellow Dog Contract
Correct Answer: Yellow Dog Contract
Question 6.
A secondary boycott, in general, is:
A. a strike or other action by a union against the employer of the employees whose
collective bargaining agreement is in question.
B. a strike or other action by an employer in retaliation for the primary boycott
C. an attempt to force others to stop doing business with an employer not directly involved
in the labor dispute
D. a strike or action against indirect buyers
Correct Answer: an attempt to force others to stop doing business with an
employer not directly involved in the labor dispute
Question 7.
A power of attorney:
A. is a document that applies only to attorneys in certain capacities
B. refers to a category of agents
C. is a legal document that creates an agency
D. exists whenever an attorney has the right to execute transactions for a client
Correct Answer: is a legal document that creates an agency
Question 8.
In Cove Management v. AFLAC, Galgano, an independent contractor who solicited
insurance business for AFLAC, rented office space from Cove under AFLAC's name. When
Galgano defaulted on payments, Cove sued AFLAC contending that Galgano was its agent
when he rented the office, so AFLAC was liable. The appeals court held that AFLAC:
A. was not obligated to the lease because real estate deals must be in writing with the
principal of the company agreeing to the lease
B. was not obligated to the lease because Galgano did not have apparent authority to sign
a lease that would bind AFLAC
C. was obligated on the lease as its employee had apparent authority
D. was not obligated on the lease, but its employee who told Galgano it was ok to enter
into such a lease was obligated
, Correct Answer: was not obligated to the lease because Galgano did not have
apparent authority to sign a lease that would bind AFLAC
Question 9.
A real estate agent who sells a house on commission is an agent, but not an employee, of
the home owner.
True or False?
Correct Answer: True
Question 10.
In France v. Southern Equipment, where a worker was seriously hurt on a roofing job, the
courts held that the owner of the building being roofed was liable for the injuries suffered
by the worker. True or False
Correct Answer: False
Question 11.
A subagent is an agent of an agent, not an agent of the principal, so owes no duty to the
principal, only to the agent.(T/F)
Correct Answer: false
Question 12.
Power of attorney may only be held by a licensed attorney.(T/F)
Correct Answer: false
Question 13.
Agency by estoppel means:
a. conduct on the part of the agent that implies an agency relationship must be stopped as
soon as the principal implies disagreement
b. actions by the principal lead a person to believe that the presumed agent has authority
to act on the principal's behalf
c. the agent creates an appearance of authority in the principal which leads a third party
to reasonably conclude that the agent has the authority to perform certain acts
d. conduct by the agent through word or actions is not sufficient to bind the principal to
contracts the agent creates
e. none of the other choices
Correct Answer: b. actions by the principal lead a person to believe that the
presumed agent has authority to act on the principal's behalf
QUESTIONS AND ANSWERS
Question 1.
John was hired by a car dealership to be its general manager. There is a clause in his
employment contract that says he is prohibited from recruiting fellow employees to leave
with him if he ever decides to take a job at another dealership. This provision is known as
a(n):
A. Covenant not to compete
B. Anti-Raiding Covenant
C. Anti-Competition Agreement
D. None of the above. This type of covenant is unenforceable in all states.
Correct Answer: Anti-Raiding Covenant
Question 2.
Which of the following statutes requires employers with 50 or more employees to provide
up to 12 weeks of unpaid leave if an employee (or a loved one) becomes seriously ill?
A. Family and Medical Leave Act
B. Fair Labor Standards Act
C. Occupational Safety and Health Act
D. Healthy Workforce Act
Correct Answer: Family and Medical Leave Act
Question 3.
Workers who are injured at work due to their employer's negligence may either collect
workers' compensation benefits or sue in tort. True or False?
Correct Answer: False
Question 4.
Bart, a supervisor at a plant gives advice to a couple of his subordinance who were injured
on the job telling them how to file a workers compensation claim against the company.
The plant manager instructs her to stay out of airport continues to advise the injured
workers, the plant manager fire bar for in ordination, but probably has a good claim for
wrongful discharge against the company because he was exercising at public right True or
False
Correct Answer: False
,Question 5.
A contract signed by a worker agreeing not to join a union is called a(n):
A. Exclusive employment agreement
B. Covenant not to compete
C. Anti-agency contract
D. Yellow Dog Contract
Correct Answer: Yellow Dog Contract
Question 6.
A secondary boycott, in general, is:
A. a strike or other action by a union against the employer of the employees whose
collective bargaining agreement is in question.
B. a strike or other action by an employer in retaliation for the primary boycott
C. an attempt to force others to stop doing business with an employer not directly involved
in the labor dispute
D. a strike or action against indirect buyers
Correct Answer: an attempt to force others to stop doing business with an
employer not directly involved in the labor dispute
Question 7.
A power of attorney:
A. is a document that applies only to attorneys in certain capacities
B. refers to a category of agents
C. is a legal document that creates an agency
D. exists whenever an attorney has the right to execute transactions for a client
Correct Answer: is a legal document that creates an agency
Question 8.
In Cove Management v. AFLAC, Galgano, an independent contractor who solicited
insurance business for AFLAC, rented office space from Cove under AFLAC's name. When
Galgano defaulted on payments, Cove sued AFLAC contending that Galgano was its agent
when he rented the office, so AFLAC was liable. The appeals court held that AFLAC:
A. was not obligated to the lease because real estate deals must be in writing with the
principal of the company agreeing to the lease
B. was not obligated to the lease because Galgano did not have apparent authority to sign
a lease that would bind AFLAC
C. was obligated on the lease as its employee had apparent authority
D. was not obligated on the lease, but its employee who told Galgano it was ok to enter
into such a lease was obligated
, Correct Answer: was not obligated to the lease because Galgano did not have
apparent authority to sign a lease that would bind AFLAC
Question 9.
A real estate agent who sells a house on commission is an agent, but not an employee, of
the home owner.
True or False?
Correct Answer: True
Question 10.
In France v. Southern Equipment, where a worker was seriously hurt on a roofing job, the
courts held that the owner of the building being roofed was liable for the injuries suffered
by the worker. True or False
Correct Answer: False
Question 11.
A subagent is an agent of an agent, not an agent of the principal, so owes no duty to the
principal, only to the agent.(T/F)
Correct Answer: false
Question 12.
Power of attorney may only be held by a licensed attorney.(T/F)
Correct Answer: false
Question 13.
Agency by estoppel means:
a. conduct on the part of the agent that implies an agency relationship must be stopped as
soon as the principal implies disagreement
b. actions by the principal lead a person to believe that the presumed agent has authority
to act on the principal's behalf
c. the agent creates an appearance of authority in the principal which leads a third party
to reasonably conclude that the agent has the authority to perform certain acts
d. conduct by the agent through word or actions is not sufficient to bind the principal to
contracts the agent creates
e. none of the other choices
Correct Answer: b. actions by the principal lead a person to believe that the
presumed agent has authority to act on the principal's behalf
