Professor Franks
Final Examination, Fall 2005
| 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. |
A petition filed in Nineteenth Judicial District Court alleges that Jeffrey Hopkins, while within the course and scope of his employment delivering pizza for Baton Rouge Gourmet Foods, LLC, d/b/a Papa Jim's of Baton Rouge, operated his vehicle in a reckless manner, causing it to strike another vehicle and injure the plaintiff, Sue Parker. The petition further alleges that at the time of the accident both Hopkins and Baton Rouge Gourmet Foods, LLC, were operating as the agents, apparent agents, servants or employees of Papa Jim's, Inc., the national franchisor, and that Papa Jim's exercised control over all of the activities of its franchisee, Baton Rouge Gourmet Foods, LLC, and was thus vicariously liable for the negligence of both Baton Rouge Gourmet Foods, LLC and Hopkins.
Papa Jim's, Inc. argues that they have no control over their franchisee, which is free to hire and fire as it pleases. Baton Rouge Gourmet Foods, LLC argues that Jeffrey Hopkins was at all times an independent contractor.
Decide the case. Discuss.
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.
Baton Rouge Community College has invited you to give a lecture to a class interested in learning how to organize a small business. Anxious to network among potential clients, you gladly go.
After you deliver your brilliant lecture, the following questions are asked by the students. Answer them, and discuss each item.
A. What may a limited partner do, and on what issues may he vote, without losing his limited-liability status? B. Briefly, explain the difference between a general partnership, a limited partnership, a limited liability partnership, and a limited liability company? Do not discuss tax considerations. |
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