Professor Franks
Final Examination, Fall 2008
| 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., "I-B." |
| 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 graduated and been admitted to the bar. You have a client who wants to form a business. Please explain to your client the formation and operation of the following four types of business organization and the relative advantages and disadvantages of each.
| I-A. | General partnership |
| I-B. | Limited partnership |
| I-C. | Limited liability partnership |
| I-D. | Limited liability company |
Your attention is directed to the master-servant (employer-employee) relationship. Within the context of workers compensation, please define the following terms. Do not discuss at length, simply define and briefly explain.
| II-A. | Statutory employer or statutory employee |
| II-B. | The three wicked sisters |
| II-C. | Exclusivity of remedy |
| II-D. | The dual-purpose doctrine |
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