eth321 w3 practice
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Subject
Law
Date
Jan 9, 2024
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Uploaded by MegaBoulder11491
1.
Which of the following unambiguously qualifies as intrusion upon seclusion?
o
Walking into the office of the CEO of a business you hold no ownership or interes
o
Taking pictures of strangers at a local coffee shop to use in a class project
o
Opening a gate and taking a shortcut across private property on your way home fro
o
Flying a camera drone over a public beach to capture a video of sunbathers
FEEDBACK
1 / 1 (100.0%)
Private versus public property has a role to play in establishing this tort. See section 3.3, Invasion of Privacy.
Found in the following section(s) of the text:
3.3: Invasion of Privacy
2.
Which of the following would least likely qualify as trespass to chattel?
o
Having your neighbor’s cat spayed while your neighbor is on vacation
o
Conducting a cyberattack to infect a victim’s computer with spyware
o
Dying your boss’s suit pink as a prank
o
Borrowing your dad’s car to get it waxed
FEEDBACK
1 / 1 (100.0%)
No harm can be derived from having your father’s car waxed because it does not diminish value. See section 3.5, Torts against Property.
Found in the following section(s) of the text:
3.5: Torts against Property
3.
What is the definition of
mistake of law
as a defense to crime?
o
The defendant committed the crime primarily because he or she was unfairly indu
o
The defendant's crime was committed with a misunderstanding or lack of awarene
o
The defendant committed a crime through force or under threat of harm
o
The defendant committed the crime in order to prevent unconscionable harm
FEEDBACK
1 / 1 (100.0%)
See section 3.13, Defenses to Crime.
4.
Beau is on his way to his favorite toy store when two clowns step in his way and tell him that if he does not spend his money at the carnival instead of the toy store, they will take away his ice cream. Which of the following statements is true?
o
The clowns are interfering with a business relationship.
o
The clowns have committed fraud, since they don’t really intend to do anything to
o
The clowns have done nothing illegal, as long as they stopped Beau in a public loc
o
Because Beau is trying to go to his favorite store, the clowns are interfering with a
FEEDBACK
1 / 1 (100.0%)
This qualifies as intimidation of a customer under the typical definition of interfering with a business relationship. See section 3.6, Business Torts.
Found in the following section(s) of the text:
3.6: Business Torts
5.
Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injured when a part flies off the machine. If the former rule of privity of contract were in place, which of the following would be true?
o
Lexi can hold the manufacturer liable for Jill’s injury.
o
Jill cannot hold the manufacturer responsible for her injury.
o
Jill can hold the manufacturer liable for her injury.
o
Jill can hold the manufacturer liable for her injury as long as Lexi was in the room
FEEDBACK
1 / 1 (100.0%)
Privity of contract would restrict protection to Lexi only. It makes sense that this doctrine has been largely abandoned. See section 3.9, Strict and Product Liability Torts.
Found in the following section(s) of the text:
3.9: Strict and Product Liability Torts
6.
Which of the following classifies as a tort?
o
Kidnapping
o
Assault
o
Burglary
o
Embezzlement
FEEDBACK
1 / 1 (100.0%)
All other response options are crimes, not torts. See section 3.2, Intentional Torts against a Person.
7.
Which of the following would be considered a case of negligence?
o
a. A doctor prescribes the wrong pills to a patient.
o
b. A butcher plays audio of howling dogs in the back of his shop to prank custome
o
c. A driver falls asleep at the wheel and causes an accident.
o
d. Both A and C
FEEDBACK
1 / 1 (100.0%)
This may qualify as some other form of tort, but not negligence. See
section 3.7, Unintentional Tort of Negligence.
8.
What is the definition of larceny in a business context?
o
Unlawful entrance with intent to commit a crime
o
Unlawful, permanent taking of personal property
o
Permanent taking of property against a fiduciary relationship
o
Taking property under threat of force
FEEDBACK
1 / 1 (100.0%)
See section 3.12, Business Crimes.
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9.
For years, Lily has been thinking up a plan to pull off a perfect bank robbery. She tells someone about her plans but never robs the bank. Which of the following is true?
o
Lily has committed a crime because she told someone about her plan.
o
Lily has not committed a crime if it is determined that her intent is not real.
o
Lily has not committed a crime because she never acted on her plan.
o
Lily has committed a crime because robbing a bank is a serious offense.
FEEDBACK
1 / 1 (100.0%)
As the text states, most crimes require both intent and action in furtherance of the intent. See section 3.10, Crimes: Intent and Action. See section 3.10, Crimes: Intent and Action.
Found in the following section(s) of the text:
3.10: Crimes: Intent and Action
10. Andy goes outside the duty of his agency and purchases some extravagant equipment for his company. Which of the following is true?
o
The company owes a duty to compensate Andy for his work, but not to reimburse authority.
o
Since Andy’s purchases were extravagant, the company does not have to reimburs
o
The company must reimburse Andy for his purchases because he is an agent.
o
The company must reimburse Andy even though went outside the scope of his dut
personal expenses.
FEEDBACK
1 / 1 (100.0%)
A duty of reimbursement applies to reasonable disbursement of funds within an agent’s reasonable performance of duties. This duty disappears if the agent is negligent in disbursing funds. See section 4.4, Duties of the Principal to the Agent.
Found in the following section(s) of the text:
4.4: Duties of the Principal to the Agent
11. DJ, an agent, is negotiating contracts for his boss’s company. While in the course of seeking out contracts for his boss, DJ discovers a business opportunity that he would like to take advantage of. Which of the following is true?
o
DJ may take advantage of his own business opportunities.
o
DJ may not take advantage of the opportunity unless he ends his agency relationsh
o
DJ may take advantage of the opportunity as long as it does not conflict with the in
o
DJ may not take advantage of his own business opportunities.
FEEDBACK
1 / 1 (100.0%)
A duty of loyalty does not prevent all actions (or in this case, all business transactions). It only requires that an agent’s actions do not conflict with the principal’s interests. See section 4.5, Duties of the Agent to the Principal.
Found in the following section(s) of the text:
4.5: Duties of the Agent to the Principal
12. Marianna, a documented alien in the U.S., is rejected from employment because her valid papers are still on the way in the mail. Which of the following is true?
o
Marianna can be hired as long as her right to work is verified within 3 days of bein
o
Marianna can be rejected because of her citizenship status.
o
More than one response is correct.
o
Marianna is protected by the IRCA.
FEEDBACK
1 / 1 (100.0%)
The IRCA protects Marianna. She can be hired as long as her supporting documentation validates her right to work and an I-9 is filed within three days of her start. See section 4.13, Immigration Law in Employment.
Found in the following section(s) of the text:
4.13: Immigration Law in Employment
13. UrbanoCorp fires Alyssa, a 40-year-old employee. Which of the following statements is true? o
If UrbanoCorp has fewer than 20 employees, Alyssa can sue the company for age o
If UrbanoCorp has more than 20 employees, it will have the burden of proving it h
o
If UrbanoCorp has more than 20 employees, the company has definitely committe
o
If UrbanoCorp has fewer than 20 employees, it doesn’t have the burden of proving
FEEDBACK
0 / 1 (0.0%)
The plaintiff has the burden of proof in showing age is the reason for discrimination. But a case is only possible if the employer has the requisite number of employees—more than 20. See section 4.10,
Age Discrimination.
Found in the following section(s) of the text:
4.10: Age Discrimination
14. Jill and Carey have an agency relationship wherein Carey serves as an agent finding painting contracts for Jill. When Carey gets pregnant and wants to stop working for Jill, ________.
o
Carey may not terminate the agency without Jill’s approval.
o
Carey has a duty to finish residual obligations under the agency.
o
Jill can do nothing.
o
Jill has a duty to finish residual obligations under the agency.
FEEDBACK
1 / 1 (100.0%)
A principal or agent may unilaterally end an agency, but he or she must still complete obligations that are contractually owed to the other party. See section 4.7, Termination of the Agency.
Found in the following section(s) of the text:
4.7: Termination of the Agency
15. Based on the text, a factor
is an agent who ________.
o
Controls and administers personal property and goods
o
Is given authority to act for another
o
Facilitates a transaction on others’ behalf
o
Is hired to perform a specific service for another
FEEDBACK
0 / 1 (0.0%)
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See section 4.3, Agency Formation and Scope.
16. Quintin is a floor manager at a manufacturing plant. He oversees a diverse group of more than 50 employees. Based on what he feels are their natural abilities, Quintin has his African American workers on the assembly line, his white workers in Packing, and Hispanic workers in Receiving. Which of the following is true?
o
Quintin’s work assignments are unallowable because they give more favorable pos
o
Quintin’s work assignments are allowable because his work force is diverse and no
o
Quintin’s work assignments are unallowable because they segregate and classify e
o
Quintin's work assignments are allowable because his discrimination doesn’t affec
FEEDBACK
1 / 1 (100.0%)
There doesn’t have to be a clear limitation for one class of worker; Segregating and classifying employees because of their race or color
is illegal and would likely prevent certain employment opportunities
for workers working a particular job. See section 4.8, Discrimination and Title VII of the Civil Rights Act of 1964.
Found in the following section(s) of the text:
4.8: Discrimination and Title VII of the Civil Rights Act of 1964
17. Which of the following would be considered a situation of illegal employment discrimination?
o
Nicole, who has a disability, is rejected from a job position because her employer o
Marianne, who has a disability, is rejected from a job position because her employ
disabilities.
o
Gray, who has a disability, is rejected from a job position because he doesn’t meet
o
Rose, who has a disability, is rejected from a job position because she didn’t like t
FEEDBACK
1 / 1 (100.0%)
An employer’s inexperience accommodating persons with disabilities is not an excuse to avoid ADA rules. See section 4.11, The Americans with Disabilities Act.
Found in the following section(s) of the text:
4.11: The Americans with Disabilities Act
18. Paige used up her 12 weeks of FMLA leave already this year in order to take care of her sick husband. If Paige herself gets a serious medical condition, which of the following is true?
o
Paige is entitled to 12 weeks of FMLA leave for herself.
o
Paige is out of FMLA leave and has no recourse.
o
Paige’s employer can choose not to fire her even if she takes more leave time off.
o
More than one response is correct.
FEEDBACK
1 / 1 (100.0%)
Paige is indeed out of the leave to which she is legally entitled, but this does not require her to be fired. Her company may keep her if it wishes to do so. See section 5.11, Worker Leave Provisions.
Found in the following section(s) of the text:
5.11: Worker Leave Provisions
19. Wages and hours are considered a(n) ________ bargaining subject.
o
Illegal
o
Mandatory
o
Permissive
o
Yellow Dog
FEEDBACK
1 / 1 (100.0%)
See section Wages, benefits, hours, and layoff procedures are mandatory bargaining subjects. See section 5.7, Collective Bargaining.
Found in the following section(s) of the text:
5.7: Collective Bargaining
20. What is the definition of contributory negligence
?
o
An employee knew and expected the risk of injury
o
An employee caused his or her own injury
o
Another employee caused an employee’s injury
FEEDBACK
1 / 1 (100.0%)
See section 5.9, The Occupational Safety and Health Act of 1970.
21. Which of the following is FALSE concerning workers’ concerted activity?
o
Concerted activity is protected under Section 7 of the NLRA.
o
Workers are protected from employer discrimination when they engage in concerte
o
Concerted activity is any effort of employees to join together to seek improvement
o
Only union members may engage in concerted activity.
FEEDBACK
1 / 1 (100.0%)
All concerted activity is protected. See section 5.4, The National Labor Relations Act of 1935.
Found in the following section(s) of the text:
5.4: The National Labor Relations Act of 1935
22. Which of the following was NOT an effect of the Norris LaGuardia Act?
o
Prohibition of federal injunctions in labor disputes
o
Prohibition against yellow dog contracts
o
Rules removing unionization activities from the Sherman Act prohibitions
o
Rules concerning collective bargaining
FEEDBACK
1 / 1 (100.0%)
The Clayton Act removed unionization activities from the anti-
combination language of the Sherman Act. See section 5.3, The Norris-LaGuardia Act of 1932.
Found in the following section(s) of the text:
5.3: The Norris-LaGuardia Act of 1932
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23. Loreen is at work when a beam falls on her leg, injuring her. Workers’ compensation entitles her to which of the following? Select all that apply.
o
Regular medical benefits
o
Rehabilitation costs
o
Payment for medical treatment
o
Full pay while she misses work
FEEDBACK
1 / 1 (100.0%)
See section 5.10, Workers’ Compensation Protections.
Found in the following section(s) of the text:
5.10: Workers’ Compensation Protections
24. With respect to labor unions, employers used __________ to halt early unionizing efforts.
o
Yellow dog contracts
o
Federal injunctions
o
Antitrust laws
o
All of the above
FEEDBACK
1 / 1 (100.0%)
All of these, along with criminal conspiracy laws, were used to halt union efforts. See section 5.2, Introduction to Labor Law.
Found in the following section(s) of the text:
5.2: Introduction to Labor Law
25. What is the definition of Wildcat strike
?
o
A strike used by a union to make management meet its demands
o
A strike used by a union to make management follow the law
o
A strike not authorized by the union
FEEDBACK
1 / 1 (100.0%)
See section 5.5, The Labor Management Relations Act of 1947 (The
Taft-Hartley Act).
1.
Which of the following would be considered a case of negligence?
o
a. A doctor prescribes the wrong pills to a patient.
o
b. A butcher plays audio of howling dogs in the back of his shop to prank custome
o
c. A driver falls asleep at the wheel and causes an accident.
o
d. Both A and C
FEEDBACK
1 / 1 (100.0%)
This may qualify as some other form of tort, but not negligence. See
section 3.7, Unintentional Tort of Negligence.
2.
What is the definition of insanity as a defense to crime?
o
The defendant lacks understanding of what is right or wrong
o
Trauma, illness, or a mental condition inhibits the defendant from being able to co
o
The defendant's crime was committed due to unintentional misunderstanding
o
The defendant is impaired from an ability to commit a crime with intent
FEEDBACK
1 / 1 (100.0%)
See section 3.13, Defenses to Crime.
3.
Rank these types of crimes from most to least serious:
o
Capital, misdemeanor, felony, infraction
o
Felony, infraction, capital, misdemeanor
o
Capital, felony, misdemeanor, infraction
o
Infraction, felony, misdemeanor, capital
FEEDBACK
1 / 1 (100.0%)
See section 3.11, Types of Crimes.
Found in the following section(s) of the text:
3.11: Types of Crimes
4.
What is the definition of fraud in a business context?
o
Use of false pretenses to obtain property
o
Conducting transactions with money which has been obtained through illegal mea
o
Permanent taking of property against a fiduciary relationship
o
Agreement and planning to commit another crime
FEEDBACK
1 / 1 (100.0%)
See section 3.6, Business Torts.
5.
Which of the following classifies as a tort?
o
Burglary
o
Kidnapping
o
Embezzlement
o
Assault
FEEDBACK
1 / 1 (100.0%)
All other response options are crimes, not torts. See section 3.2, Intentional Torts against a Person.
6.
What is the definition of larceny in a business context?
o
Unlawful, permanent taking of personal property
o
Permanent taking of property against a fiduciary relationship
o
Taking property under threat of force
o
Unlawful entrance with intent to commit a crime
FEEDBACK
1 / 1 (100.0%)
See section 3.12, Business Crimes.
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7.
Which of the following is true of defamation?
o
a. The defamatory information may or may not be true to be actionable.
o
b. A defamation tort exists whether the defamatory information was spread acciden
o
c. A defamation tort only exists when ten or more people hear the defamatory info
o
d. Both B and C
FEEDBACK
1 / 1 (100.0%)
The relevant information is whether or not the information was spread, not whether it was an accident. See section 3.4, Defamation.
Found in the following section(s) of the text:
3.4: Defamation
8.
Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injured when a part flies off the machine. If the former rule of privity of contract were in place, which of the following would be true?
o
Jill can hold the manufacturer liable for her injury.
o
Jill cannot hold the manufacturer responsible for her injury.
o
Jill can hold the manufacturer liable for her injury as long as Lexi was in the room
o
Lexi can hold the manufacturer liable for Jill’s injury.
FEEDBACK
1 / 1 (100.0%)
Privity of contract would restrict protection to Lexi only. It makes sense that this doctrine has been largely abandoned. See section 3.9, Strict and Product Liability Torts.
Found in the following section(s) of the text:
3.9: Strict and Product Liability Torts
9.
Which of the following would least likely qualify as trespass to chattel?
o
Having your neighbor’s cat spayed while your neighbor is on vacation
o
Conducting a cyberattack to infect a victim’s computer with spyware
o
Borrowing your dad’s car to get it waxed
o
Dying your boss’s suit pink as a prank
FEEDBACK
1 / 1 (100.0%)
No harm can be derived from having your father’s car waxed because it does not diminish value. See section 3.5, Torts against Property.
Found in the following section(s) of the text:
3.5: Torts against Property
10. Quintin is a floor manager at a manufacturing plant. He oversees a diverse group of more than 50 employees. Based on what he feels are their natural abilities, Quintin has his African American workers on the assembly line, his white workers in Packing, and Hispanic workers in Receiving. Which of the following is true?
o
Quintin’s work assignments are unallowable because they segregate and classify e
o
Quintin’s work assignments are unallowable because they give more favorable pos
o
Quintin's work assignments are allowable because his discrimination doesn’t affec
o
Quintin’s work assignments are allowable because his work force is diverse and no
FEEDBACK
1 / 1 (100.0%)
There doesn’t have to be a clear limitation for one class of worker; Segregating and classifying employees because of their race or color
is illegal and would likely prevent certain employment opportunities
for workers working a particular job. See section 4.8, Discrimination and Title VII of the Civil Rights Act of 1964.
Found in the following section(s) of the text:
4.8: Discrimination and Title VII of the Civil Rights Act of 1964
11. Which of the following would be considered a situation of illegal employment discrimination?
o
Rose, who has a disability, is rejected from a job position because she didn’t like t
o
Marianne, who has a disability, is rejected from a job position because her employ
disabilities.
o
Nicole, who has a disability, is rejected from a job position because her employer o
Gray, who has a disability, is rejected from a job position because he doesn’t meet
FEEDBACK
1 / 1 (100.0%)
An employer’s inexperience accommodating persons with disabilities is not an excuse to avoid ADA rules. See section 4.11, The Americans with Disabilities Act.
Found in the following section(s) of the text:
4.11: The Americans with Disabilities Act
12. Based on the text, a factor
is an agent who ________.
o
Is hired to perform a specific service for another
o
Is given authority to act for another
o
Controls and administers personal property and goods
o
Facilitates a transaction on others’ behalf
FEEDBACK
1 / 1 (100.0%)
See section 4.3, Agency Formation and Scope.
13. Andy goes outside the duty of his agency and purchases some extravagant equipment for his company. Which of the following is true?
o
Since Andy’s purchases were extravagant, the company does not have to reimburs
o
The company owes a duty to compensate Andy for his work, but not to reimburse authority.
o
The company must reimburse Andy even though went outside the scope of his dut
personal expenses.
o
The company must reimburse Andy for his purchases because he is an agent.
FEEDBACK
1 / 1 (100.0%)
A duty of reimbursement applies to reasonable disbursement of funds within an agent’s reasonable performance of duties. This duty disappears if the agent is negligent in disbursing funds. See section 4.4, Duties of the Principal to the Agent.
Your preview ends here
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Found in the following section(s) of the text:
4.4: Duties of the Principal to the Agent
14. DJ, an agent, is negotiating contracts for his boss’s company. While in the course of seeking out contracts for his boss, DJ discovers a business opportunity that he would like to take advantage of. Which of the following is true?
o
DJ may not take advantage of the opportunity unless he ends his agency relationsh
o
DJ may not take advantage of his own business opportunities.
o
DJ may take advantage of his own business opportunities.
o
DJ may take advantage of the opportunity as long as it does not conflict with the in
FEEDBACK
1 / 1 (100.0%)
A duty of loyalty does not prevent all actions (or in this case, all business transactions). It only requires that an agent’s actions do not conflict with the principal’s interests. See section 4.5, Duties of the Agent to the Principal.
Found in the following section(s) of the text:
4.5: Duties of the Agent to the Principal
15. What is the result of frolic and detour
?
o
Imposes liability on an employer when an employee pursues both personal and bu
o
Removes liability from an employer while an employee is commuting
o
Removes liability from an employer while an employee pursues personal interests
FEEDBACK
1 / 1 (100.0%)
See section 4.6, Liability to Third Parties.
16. Damion works with Kimmie. In spite of the company’s rules concerning sexual harassment, he attempted to inappropriately touch Kimmie several times, even though she repeatedly told him to stop. Kimmie does not complain to management but goes directly to suing the company for allowing the sexual harassment. Which of the following is true?
o
Kimmie cannot hold the company liable because Damien is not her superior.
o
Kimmie’s company is not liable for Damien’s actions because Kimmie never comp
o
Kimmie cannot hold the company liable because she has insufficient evidence of s
o
Kimmie’s company is liable for Damien’s actions because it let the sexual harassm
FEEDBACK
1 / 1 (100.0%)
An employer has a legitimate defense when a plaintiff in a sexual harassment case failed to take advantage of the corrective opportunities offered by the employer. See section 4.9, Sexual Harassment.
Found in the following section(s) of the text:
4.9: Sexual Harassment
17. UrbanoCorp fires Alyssa, a 40-year-old employee. Which of the following statements is true? o
If UrbanoCorp has fewer than 20 employees, it doesn’t have the burden of proving
o
If UrbanoCorp has more than 20 employees, the company has definitely committe
o
If UrbanoCorp has more than 20 employees, it will have the burden of proving it h
o
If UrbanoCorp has fewer than 20 employees, Alyssa can sue the company for age FEEDBACK
0 / 1 (0.0%)
The plaintiff has the burden of proof in showing age is the reason for discrimination. But a case is only possible if the employer has the requisite number of employees—more than 20. See section 4.10,
Age Discrimination.
Found in the following section(s) of the text:
4.10: Age Discrimination
18. With respect to labor unions, employers used __________ to halt early unionizing efforts.
o
Yellow dog contracts
o
Federal injunctions
o
Antitrust laws
o
All of the above
FEEDBACK
1 / 1 (100.0%)
All of these, along with criminal conspiracy laws, were used to halt union efforts. See section 5.2, Introduction to Labor Law.
Found in the following section(s) of the text:
5.2: Introduction to Labor Law
19. What is the definition of Wildcat strike
?
o
A strike not authorized by the union
o
A strike used by a union to make management follow the law
o
A strike used by a union to make management meet its demands
FEEDBACK
1 / 1 (100.0%)
See section 5.5, The Labor Management Relations Act of 1947 (The
Taft-Hartley Act).
20. Loreen is at work when a beam falls on her leg, injuring her. Workers’ compensation entitles her to which of the following? Select all that apply.
o
Regular medical benefits
o
Payment for medical treatment
o
Rehabilitation costs
o
Full pay while she misses work
FEEDBACK
1 / 1 (100.0%)
See section 5.10, Workers’ Compensation Protections.
Found in the following section(s) of the text:
5.10: Workers’ Compensation Protections
21. Paige used up her 12 weeks of FMLA leave already this year in order to take care of her sick husband. If Paige herself gets a serious medical condition, which of the following is true?
o
Paige is entitled to 12 weeks of FMLA leave for herself.
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o
Paige is out of FMLA leave and has no recourse.
o
Paige’s employer can choose not to fire her even if she takes more leave time off.
o
More than one response is correct.
FEEDBACK
1 / 1 (100.0%)
Paige is indeed out of the leave to which she is legally entitled, but this does not require her to be fired. Her company may keep her if it wishes to do so. See section 5.11, Worker Leave Provisions.
Found in the following section(s) of the text:
5.11: Worker Leave Provisions
22. Wages and hours are considered a(n) ________ bargaining subject.
o
Yellow Dog
o
Illegal
o
Permissive
o
Mandatory
FEEDBACK
1 / 1 (100.0%)
See section Wages, benefits, hours, and layoff procedures are mandatory bargaining subjects. See section 5.7, Collective Bargaining.
Found in the following section(s) of the text:
5.7: Collective Bargaining
23. Shannah is a facilities coordinator working for a public university. She oversees a dozen employees doing custodial work and often ends up working over 40 hours per week. Which of the following is true?
o
a. Shannah may be paid with compensatory time.
o
b. Shannah is an exempted employee.
o
c. Shannah does not have to be paid overtime pay.
o
d. Both B and C are true.
FEEDBACK
1 / 1 (100.0%)
Being a public employee means that Shannah can be paid with compensatory time. A custodian supervisor would not be a position substantiating an exempted status. See section 5.12, Fair Labor Standards Act of 1938.
Found in the following section(s) of the text:
5.12: Fair Labor Standards Act of 1938
24. Ciro lives in a right-to-work state. He was recently hired at a new company. The union at the company is trying to get Ciro to join the union. Which of the following is true?
o
Ciro must join the union.
o
Ciro does not have to join the union.
o
Ciro’s requirement to join the union depends on what type of work he is doing.
o
Ciro doesn’t have to join the union, but must pay union dues.
FEEDBACK
1 / 1 (100.0%)
In a right-to-work state, workers have freedom to not join a union if they wish. See section 5.5, The Labor Management Relations Act of
1947 (The Taft-Hartley Act).
Found in the following section(s) of the text:
5.5: The Labor Management Relations Act of 1947 (The Taft-Hartley
Act)
25. Which of the following is FALSE concerning workers’ concerted activity?
o
Concerted activity is protected under Section 7 of the NLRA.
o
Concerted activity is any effort of employees to join together to seek improvement
o
Only union members may engage in concerted activity.
o
Workers are protected from employer discrimination when they engage in concerte
FEEDBACK
1 / 1 (100.0%)
All concerted activity is protected. See section 5.4, The National Labor Relations Act of 1935.
Found in the following section(s) of the text:
5.4: The National Labor Relations Act of 1935
1.
What is the definition of
mistake of law
as a defense to crime?
o
The defendant's crime was committed with a misunderstanding or lack of awarene
o
The defendant committed a crime through force or under threat of harm
o
The defendant committed the crime in order to prevent unconscionable harm
o
The defendant committed the crime primarily because he or she was unfairly indu
FEEDBACK
1 / 1 (100.0%)
See section 3.13, Defenses to Crime.
2.
What is the definition of larceny in a business context?
o
Taking property under threat of force
o
Unlawful, permanent taking of personal property
o
Unlawful entrance with intent to commit a crime
o
Permanent taking of property against a fiduciary relationship
FEEDBACK
1 / 1 (100.0%)
See section 3.12, Business Crimes.
3.
Rank these types of crimes from most to least serious:
o
Infraction, felony, misdemeanor, capital
o
Capital, misdemeanor, felony, infraction
o
Capital, felony, misdemeanor, infraction
o
Felony, infraction, capital, misdemeanor
FEEDBACK
1 / 1 (100.0%)
See section 3.11, Types of Crimes.
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Found in the following section(s) of the text:
3.11: Types of Crimes
4.
For years, Lily has been thinking up a plan to pull off a perfect bank robbery. She tells someone about her plans but never robs the bank. Which of the following is true?
o
Lily has not committed a crime if it is determined that her intent is not real.
o
Lily has committed a crime because she told someone about her plan.
o
Lily has committed a crime because robbing a bank is a serious offense.
o
Lily has not committed a crime because she never acted on her plan.
FEEDBACK
1 / 1 (100.0%)
As the text states, most crimes require both intent and action in furtherance of the intent. See section 3.10, Crimes: Intent and Action. See section 3.10, Crimes: Intent and Action.
Found in the following section(s) of the text:
3.10: Crimes: Intent and Action
5.
Which of the following would least likely qualify as trespass to chattel?
o
Borrowing your dad’s car to get it waxed
o
Dying your boss’s suit pink as a prank
o
Conducting a cyberattack to infect a victim’s computer with spyware
o
Having your neighbor’s cat spayed while your neighbor is on vacation
FEEDBACK
1 / 1 (100.0%)
No harm can be derived from having your father’s car waxed because it does not diminish value. See section 3.5, Torts against Property.
Found in the following section(s) of the text:
3.5: Torts against Property
6.
Which of the following would be considered a case of negligence?
o
a. A doctor prescribes the wrong pills to a patient.
o
b. A butcher plays audio of howling dogs in the back of his shop to prank custome
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o
c. A driver falls asleep at the wheel and causes an accident.
o
d. Both A and C
FEEDBACK
1 / 1 (100.0%)
This may qualify as some other form of tort, but not negligence. See
section 3.7, Unintentional Tort of Negligence.
7.
Beau is on his way to his favorite toy store when two clowns step in his way and tell him that if he does not spend his money at the carnival instead of the toy store, they will take away his ice cream. Which of the following statements is true?
o
Because Beau is trying to go to his favorite store, the clowns are interfering with a
o
The clowns are interfering with a business relationship.
o
The clowns have committed fraud, since they don’t really intend to do anything to
o
The clowns have done nothing illegal, as long as they stopped Beau in a public loc
FEEDBACK
1 / 1 (100.0%)
This qualifies as intimidation of a customer under the typical definition of interfering with a business relationship. See section 3.6, Business Torts.
Found in the following section(s) of the text:
3.6: Business Torts
8.
Which of the following is true of defamation?
o
a. The defamatory information may or may not be true to be actionable.
o
b. A defamation tort exists whether the defamatory information was spread acciden
o
c. A defamation tort only exists when ten or more people hear the defamatory info
o
d. Both B and C
FEEDBACK
1 / 1 (100.0%)
The relevant information is whether or not the information was spread, not whether it was an accident. See section 3.4, Defamation.
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Found in the following section(s) of the text:
3.4: Defamation
9.
Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injured when a part flies off the machine. If the former rule of privity of contract were in place, which of the following would be true?
o
Jill can hold the manufacturer liable for her injury as long as Lexi was in the room
o
Jill can hold the manufacturer liable for her injury.
o
Jill cannot hold the manufacturer responsible for her injury.
o
Lexi can hold the manufacturer liable for Jill’s injury.
FEEDBACK
1 / 1 (100.0%)
Privity of contract would restrict protection to Lexi only. It makes sense that this doctrine has been largely abandoned. See section 3.9, Strict and Product Liability Torts.
Found in the following section(s) of the text:
3.9: Strict and Product Liability Torts
10. Based on the text, a factor
is an agent who ________.
o
Is hired to perform a specific service for another
o
Is given authority to act for another
o
Facilitates a transaction on others’ behalf
o
Controls and administers personal property and goods
FEEDBACK
1 / 1 (100.0%)
See section 4.3, Agency Formation and Scope.
11. Jill and Carey have an agency relationship wherein Carey serves as an agent finding painting contracts for Jill. When Carey gets pregnant and wants to stop working for Jill, ________.
o
Jill has a duty to finish residual obligations under the agency.
o
Jill can do nothing.
o
Carey may not terminate the agency without Jill’s approval.
o
Carey has a duty to finish residual obligations under the agency.
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A principal or agent may unilaterally end an agency, but he or she must still complete obligations that are contractually owed to the other party. See section 4.7, Termination of the Agency.
Found in the following section(s) of the text:
4.7: Termination of the Agency
12. DJ, an agent, is negotiating contracts for his boss’s company. While in the course of seeking out contracts for his boss, DJ discovers a business opportunity that he would like to take advantage of. Which of the following is true?
o
DJ may not take advantage of his own business opportunities.
o
DJ may take advantage of his own business opportunities.
o
DJ may not take advantage of the opportunity unless he ends his agency relationsh
o
DJ may take advantage of the opportunity as long as it does not conflict with the in
FEEDBACK
1 / 1 (100.0%)
A duty of loyalty does not prevent all actions (or in this case, all business transactions). It only requires that an agent’s actions do not conflict with the principal’s interests. See section 4.5, Duties of the Agent to the Principal.
Found in the following section(s) of the text:
4.5: Duties of the Agent to the Principal
13. Quintin is a floor manager at a manufacturing plant. He oversees a diverse group of more than 50 employees. Based on what he feels are their natural abilities, Quintin has his African American workers on the assembly line, his white workers in Packing, and Hispanic workers in Receiving. Which of the following is true?
o
Quintin’s work assignments are allowable because his work force is diverse and no
o
Quintin's work assignments are allowable because his discrimination doesn’t affec
o
Quintin’s work assignments are unallowable because they give more favorable pos
o
Quintin’s work assignments are unallowable because they segregate and classify e
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1 / 1 (100.0%)
There doesn’t have to be a clear limitation for one class of worker; Segregating and classifying employees because of their race or color
is illegal and would likely prevent certain employment opportunities
for workers working a particular job. See section 4.8, Discrimination and Title VII of the Civil Rights Act of 1964.
Found in the following section(s) of the text:
4.8: Discrimination and Title VII of the Civil Rights Act of 1964
14. Shane’s business was recently forced by the OFFCP to enact an affirmative action plan
in order to equalize the predominantly white workforce. Jerome, a minority member, applies for the job and is rejected. Which of the following is true?
o
Jerome was required to be hired for Shane’s business, and Jerome may sue Shane’
o
Shane doesn’t have to hire Jerome if Jerome doesn’t meet the job’s specifications.
o
Jerome was required to be hired for Shane’s business, and the OFCCP can sue Sha
o
None of the above are true.
FEEDBACK
1 / 1 (100.0%)
Affirmative Action isn’t meant to give job opportunities to those not
qualified for them. See section 4.12, Affirmative Action.
Found in the following section(s) of the text:
4.12: Affirmative Action
15. Which of the following would be considered a situation of illegal employment discrimination?
o
Marianne, who has a disability, is rejected from a job position because her employ
disabilities.
o
Gray, who has a disability, is rejected from a job position because he doesn’t meet
o
Rose, who has a disability, is rejected from a job position because she didn’t like t
o
Nicole, who has a disability, is rejected from a job position because her employer FEEDBACK
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An employer’s inexperience accommodating persons with disabilities is not an excuse to avoid ADA rules. See section 4.11, The Americans with Disabilities Act.
Found in the following section(s) of the text:
4.11: The Americans with Disabilities Act
16. What is the result of frolic and detour
?
o
Removes liability from an employer while an employee is commuting
o
Imposes liability on an employer when an employee pursues both personal and bu
o
Removes liability from an employer while an employee pursues personal interests
FEEDBACK
1 / 1 (100.0%)
See section 4.6, Liability to Third Parties.
17. Damion works with Kimmie. In spite of the company’s rules concerning sexual harassment, he attempted to inappropriately touch Kimmie several times, even though she repeatedly told him to stop. Kimmie does not complain to management but goes directly to suing the company for allowing the sexual harassment. Which of the following is true?
o
Kimmie cannot hold the company liable because she has insufficient evidence of s
o
Kimmie’s company is not liable for Damien’s actions because Kimmie never comp
o
Kimmie cannot hold the company liable because Damien is not her superior.
o
Kimmie’s company is liable for Damien’s actions because it let the sexual harassm
FEEDBACK
1 / 1 (100.0%)
An employer has a legitimate defense when a plaintiff in a sexual harassment case failed to take advantage of the corrective opportunities offered by the employer. See section 4.9, Sexual Harassment.
Found in the following section(s) of the text:
4.9: Sexual Harassment
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18. Loreen is at work when a beam falls on her leg, injuring her. Workers’ compensation entitles her to which of the following? Select all that apply.
o
Payment for medical treatment
o
Rehabilitation costs
o
Regular medical benefits
o
Full pay while she misses work
FEEDBACK
1 / 1 (100.0%)
See section 5.10, Workers’ Compensation Protections.
Found in the following section(s) of the text:
5.10: Workers’ Compensation Protections
19. Which of the following was NOT an effect of the Norris LaGuardia Act?
o
Rules removing unionization activities from the Sherman Act prohibitions
o
Prohibition against yellow dog contracts
o
Prohibition of federal injunctions in labor disputes
o
Rules concerning collective bargaining
FEEDBACK
1 / 1 (100.0%)
The Clayton Act removed unionization activities from the anti-
combination language of the Sherman Act. See section 5.3, The Norris-LaGuardia Act of 1932.
Found in the following section(s) of the text:
5.3: The Norris-LaGuardia Act of 1932
20. Wages and hours are considered a(n) ________ bargaining subject.
o
Illegal
o
Yellow Dog
o
Permissive
o
Mandatory
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1 / 1 (100.0%)
See section Wages, benefits, hours, and layoff procedures are mandatory bargaining subjects. See section 5.7, Collective Bargaining.
Found in the following section(s) of the text:
5.7: Collective Bargaining
21. With respect to labor unions, employers used __________ to halt early unionizing efforts.
o
Yellow dog contracts
o
Federal injunctions
o
Antitrust laws
o
All of the above
FEEDBACK
1 / 1 (100.0%)
All of these, along with criminal conspiracy laws, were used to halt union efforts. See section 5.2, Introduction to Labor Law.
Found in the following section(s) of the text:
5.2: Introduction to Labor Law
22. Red is a union official. He is faced with a problem when a union member breaks a union bylaw. To address the union member’s fault, Red and union officials meet together and decide to kick the union member out of the union. Which of the following
is true?
o
The officials may discipline the union member after hearing his case.
o
The officials may do nothing.
o
The officials may discipline the union member without question.
o
The officials may discipline the union member only if he committed a crime.
FEEDBACK
1 / 1 (100.0%)
The Landrum-Griffin Act imposed due process rules on union disciplinary processes. See section 5.6, The Labor Management Reporting and Disclosure Act of 1959.
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Found in the following section(s) of the text:
5.6: The Labor Management Reporting and Disclosure Act of 1959
23. What is the definition of Wildcat strike
?
o
A strike used by a union to make management meet its demands
o
A strike not authorized by the union
o
A strike used by a union to make management follow the law
FEEDBACK
1 / 1 (100.0%)
See section 5.5, The Labor Management Relations Act of 1947 (The
Taft-Hartley Act).
24. Shannah is a facilities coordinator working for a public university. She oversees a dozen employees doing custodial work and often ends up working over 40 hours per week. Which of the following is true?
o
a. Shannah may be paid with compensatory time.
o
b. Shannah is an exempted employee.
o
c. Shannah does not have to be paid overtime pay.
o
d. Both B and C are true.
FEEDBACK
1 / 1 (100.0%)
Being a public employee means that Shannah can be paid with compensatory time. A custodian supervisor would not be a position substantiating an exempted status. See section 5.12, Fair Labor Standards Act of 1938.
Found in the following section(s) of the text:
5.12: Fair Labor Standards Act of 1938
25. Ciro lives in a right-to-work state. He was recently hired at a new company. The union at the company is trying to get Ciro to join the union. Which of the following is true?
o
Ciro must join the union.
o
Ciro’s requirement to join the union depends on what type of work he is doing.
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o
Ciro does not have to join the union.
o
Ciro doesn’t have to join the union, but must pay union dues.
FEEDBACK
1 / 1 (100.0%)
In a right-to-work state, workers have freedom to not join a union if they wish. See section 5.5, The Labor Management Relations Act of
1947 (The Taft-Hartley Act).
Found in the following section(s) of the text:
5.5: The Labor Management Relations Act of 1947 (The Taft-Hartley
Act)
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