Final Examination, Fall 2004
|1.||Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.|
|2.||State the issues and answers to each question concisely. Lengthy answers are not necessary.|
|3.||Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.|
|4.||Number your answers to correspond with the question, e.g., "II-A."|
|5.||If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.|
|6.||Do not write in the margin of the book.|
|7.||All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.|
|8.||Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book.|
|9.||If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book.|
|10.||A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.|
You have now graduated from Southern University Law Center with a Juris Doctor degree, passed the Louisiana bar exam on first try, and gone into practice sharing offices with two other Southern graduates here in Baton Rouge.
The Baton Rouge Chamber of Commerce has invited you to give a lecture to a group of persons interested in learning how to organize a small business. Anxious to network among potential clients, you gladly will go.
After you deliver your brilliant talk, the following questions are asked from the audience. Answer them, and discuss each item.
|What is a partnership?|
|Briefly, what is the difference between a general partnership, a limited partnership, a limited liability partnership, and a limited liability company? Do not discuss tax considerations.|
|A.||List the ways in which an agency terminates.|
|B.||List those activities that will subject a limited partner to unlimited liability.|
|C.||List those activities that a limited partner may do without losing status as a limited partner.|
|D.||Name the three "wicked sisters" that employers' liability statutes and workers' compensation statutes were intended to eliminate.|
|E.||In workers' compensation, what is a "statutory employer"?|
|F.||List as many factors as you can that a court will take into consideration in determining whether a person is an "employee" or an independent contractor. Put the single most important factor first on your list.|
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