BUL3310 Exam 3 - BAILEY

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Title VII does not provide protection from workplace discrimination if the discrimination was based on the employee's a. gender b. sexual orientation c. race d. color

Which of the following is NOT an example of a trade secret? a. A business's marketing plans for the next five years b. A list of customers that was published in an ad in a trade journal c. The formula for a compound used in a manufacturing process d. The responses of a focus group to a company's product that have been gathered and analyzed

The Fair Packaging and Labeling Act mandates that _______ be included in the labeling and packaging of most products. a. Nutritional information. b. Basic information. c. Chemical composition. d. Cost of production

Under the BAPCPA, Congress instituted a mechanism to reduce the ____ of Chapter 7 bankruptcy filings a. Legality b. Accessibility c. Abuse d. Cost

A bankruptcy trustee may do all of the following except a. File tax returns for the state. b. Recover property of the debtor that had been conveyed in a fraudulent transfer c. Invest assets of the estate d. Sell collateral without adequate protection for the secured creditor

A proprietor will be liable for damages caused by an independent contractor if the work the independent contractor was hired to do was a. Inherently dangerous to the community. b. Illegal c. A duty that the proprietor could not delegate d. All of the above

The clause in OSHA that details the requirements that different kinds of equipment, such as scaffolding, must meet in various occupations is the ____ clause. a. Employee benefit b. Exculpatory c. General duty d. Specific duty

Agency agreements must always be in writing true false

false

A principal has the duty to notify third parties when an agency terminates true false

true

A principal may ratify a contract by accepting the benefits of the contract true false

true

A principal whose identity is known to a third party is a disclosed principal true false

true

A proprietor will be liable for the torts of an independent contractor if the duties that the contractor is hired to perform are inherently dangerous to the public true false

true

A transfer of property may be fraudulent under either federal or state law. True False

true

A trustee assumes an executory contract in a bankruptcy proceeding that requires the other party to make a loan, deliver equipment or issue a security to the debtor. True False

true

A trustee may not assume an executory contract in a bankruptcy preceding that requires the other party to make a loan, deliver equipment or issue a security to the debtor true false

true

Agents are personally liable to third parties on contracts when the principal was undisclosed true false

true

Agents of undisclosed principals are entitled to be indemnified if held personally liable on contracts that were within the scope of their authority. true false

true

All bankruptcy trustees must post a bond in favor of the United States. True False

true

An agent is a fiduciary of the principal true false

true

An agent who represents both the buyer and the seller in the purchase of a business is acting as a dual agent true false

true

An agent will not be indemnified for injuries caused to third parties if the agent's negligence caused the injury True False

true

An employee cannot be terminated under an employment at will contract for refusing to commit an illegal act. True False

true

An employee must first file a complaint with the EEOC and get a "right to sue" letter before pursuing a private right of action against his employer for Title VII violations True False

true

An employer is liable when quid pro quo sexual harassment results in the termination or demotion of an employee. True False

true

Title VII protections against discrimination in employment do NOT apply to independent contractors. True False

true

To be protected by the public policy exception to employment at will, the public policy that the employee acts to advance must usually be tied to a constitutional, statutory, or administrative law. True False

true

Under Chapter 11, a debtor's plan of reorganization must provide a means for its execution. True False

true

Under the Fair Credit and Reporting Act, most information is considered obsolete after 7 years and must be purged from the files of credit reporting agencies True False

true

Under the Fair Debt Collection Practices Act, debt collectors are prohibited threatening to arrest a debtor for failure to pay a debt. True False

true

Under the Fair Labor Standards Act, covered workers are entitled to one and a half times their hourly wages for overtime. True False

true

Under the Fair and Accurate Credit Transaction Act, victims of identity theft may file a fraud alter with consumer credit reporting companies, which would appear on their credit report. True False

true

Under the Pregnancy Discrimination Act, pregnancies must be treated by the employer like any other medical condition that may affect an employee's status. True False

true

Under the equal credit opportunity act, creditors are forbidden from making statements to applicants that would discourage them from applying for credit true false

true

When a principal files for Chapter 7 bankruptcy, all agency appointments end when the court grants an order of relief. true false

true

When workers strike for higher wages, management may hire replacement workers and refuse to rehire the striking workers when the strike is over. True False

true

an agency will terminate by operation of law if the principal files for Chapter 7 bankruptcy true false

true

an agent who is wrongfully terminated may sue the principal for damages true false

true

an employee who wins a disparate treatment discrimination may be awarded both compensatory and punitive damages true false

true

once bankruptcy proceedings are commenced, creditors are prohibited from attempting to collect their debts true false

true

the principal is a fiduciary of the agent true false

true

to collect workers compensation an employee's injury must have occurred in the workplace or in a work-related situation true false

true

to ratify a contract, the principal must have been disclosed at the time the contract was formed true false

true

A ______ maintains and distributes to potential creditors information regarding the creditworthiness of potential debtors

credit bureau

Several years ago, Kmart reorganized its business operations under bankruptcy protection. Under which chapter of bankruptcy code did it file?

Under the 2009 Credit card accountability, responsibility, and disclosure act, credit card companies may not raise interest rates on existing credit card balances unless the borrower is at least ____ days late in making a payment

A claim for discrimination cannot be brought under Title VII if the discrimination is based on ____ . a. Race b. Gender c. Religion d. Sexual orientation

A debtor may voluntarily instigate a bankruptcy case by filing a ____ with the bankruptcy court. a. Complaint b. Claim c. Declaration d. Petition

A prima facie claim of disparate impact discrimination is established if the selection rate for members in a protected class is less than ____ percent of the selection rate for members in the majority class. a. 25 b. 30 c. 50 d. 80

A private employer may institute a voluntary minority racial preference plan without violating Title VII so long as the plan a. is for a limited time b. opens employed opportunities to racial minorities in jobs from which they were traditionally excluded c. does not eliminate or unnecessary restrict the hiring of white candidates d. all of the above are necessary

An agent has a duty to obey the principal's instructions unless a. The instructions require the agent to perform duties that are not in the agency agreement. b. The instructions are to perform an illegal act c. The instructions are not in the principal's best interest. d. Both a and b

An agent incurs personal liability on a contract with a third party when a. He acts outside the scope of his authority in negotiating the contract b. He is an agent for an undisclosed principal c. He is an agent for a partially disclosed principal d. All of the above would impose personal liability on the agent

An agent is not entitled to indemnification when a. His own negligence caused the damage for which he is being held responsible b. He was acting outside the scope of his authority c. He committed a tort while following the instructions of the principal d. Both a and b

An agent's actual authority may be a. Express b. Implied c. Ostensible d. Both a and b

An employee who commits a tort while acting in the scope of his or her employment a. Has no liability to the injured third party because of the doctrine of respondeat superior b. Is entitled to be indemnified by the principal if the tort was committed by following the principal's instructions. c. Has joint and several liability with the principal to the injured party. d. Both b and c

An employer whose termination of an at-will employee violates a public policy is liable to the employee for which of the following? a. Unpaid back pay and benefits b. Punitive damages c. Damages for pain and suffering d. All of the above

An employer will not be liable for sexual harassment of an employee by a supervisor if a. it was quid pro quo harassment b. it was hostile workplace harassment and the employer had exercised reasonable care to establish and enforce anti-harassment policies c. It was hositle workplace harassment and the employee waited too long to report the incident d. both c and d

Any creditor who also owes the debtor money may have the right of ____, which allows the creditor to cancel out these obligations. a. Redemption b. Execution c. Levy in distress d. Setoff

Assume that the defendant in disparate impact case claims, as an affirmative defense, that the employment practice which is complained of is, "job related and consistent with business necessity." What can Plaintiff show to defeat this defense? a. The practice is a pretext for discrimination b. The is another, non-discriminatory employment practice that fills the same function c. The defendant had been investigated by the EEOC at least twice within the last ten years d. Both A and B

Barb hired Roofing Company to re-roof her garage. Bill, one of Roofing Company's employees, carelessly let a pallet of tiles fall from the roof onto the car of Barb's next door neighbor. Who is liable to the neighbor for these damages? a. Barb alone is liable because she hired Roofing Company to do the job. b. Roofing Company alone is liable under the doctrine of respondeat superior. c. Bill alone is liable because he committed the tort. d. Roofing Company and Bill are liable in joint and several liability

Big Corp is a defendant in a disparate treatment case brought by Pam who is charging that she was denied a promotion because of gender discrimination. Big Corp will likely win if it can establish which of the following defenses? a. Pam was denied the promotion for legitimate non-discriminatory reasons b. The reason it gave for denying Pam the promotion was a pretext c. The denial of the promotion was based on mixed motives d. Either A or C

Bona Fide Occupational Qualification can be used as a defense to employment discrimination if the discrimination is based on a. gender b. religion c. race d. both a and b

Bona fide occupational qualification cannot be raised as a defense in cases of employment discrimination based on which of the following? a. Race b. Color c. Religion d. Both A and B

Carla was the agent for Newco, a New York company that wanted to relocate its corporate offices to New Jersey. Carla was given the authority to purchase 600 acres of New Jersey farmland, but was not allowed to tell the sellers that she represented Newco. She was only allowed to say that she represented an out- of- state corporation. After the contracts were signed, Newco's board decided not to relocate and wants to rescind the contacts. Which of the following statements is true about the liability of the parties? a. Carla has no personal liability on the contracts because she was acting within the scope of her authority. b. Carla is personally liable on the contracts, but Newco must indemnify her because she was acting within the scope of her authority. c. Newco is liable to the sellers on these contracts because Carla was acting within the scope of her employment. d. Both b and c are true.

Employees who are hired under an at-will employment contract still may not be terminated in which of the following situations? a. The employer created a work environment that led to the creation of a "good cause" exception b. The termination violates a public policy c. The employee is being dismissed for whistleblowing d. All of the above

Employers who dismiss an employee in a public and demeaning way may be liable to the employee in tort for which of the following? a. Invasion of privacy b. Intentional infliction of emotional distress c. Wrongful interference with a contractual relationship d. Both A and B

Exceptions to the employment at will doctrine have been created by which of the following? a. State statutes b. Federal statutes c. State courts d. All of the above

How could a private employer institute a voluntary minority racial preference plan without violating Title VII? a. If it is for a limited time b. If it opens employment opportunities to racial minorities in jobs from which they were traditionally excluded c. If it does not eliminate or unnecessarily restrict the hiring of white candidates d. All of the above

If an agency agreement does not state how much an agent is to be paid, what happens? a. the agency agreement is void b. the agency agreement is voidable by the agent, but not by the principal c. the agent is assumed to be a gratuitous agent d. a court will read in a reasonable amount based on the customary rate in the business community

In a bankruptcy proceeding, the ____ is the person responsible for managing the debtor's assets and for satisfying the creditor's claims to the extent possible. a. Bankruptcy judge b. Attorney in fact c. Creditor d. Trustee

In which of the following situations would an employee avoid liability for torts committed while carrying out his employment obligations? a. A corporate officer acting on behalf of the corporation b. A servant following the instructions of his master c. An agent carrying out the orders of his principal d. None of the above: everyone has personal liability for the torts he commits.

In which of the following situations would an employee avoid liability for torts committed while carrying out his employment obligations? a. A corporate officer acting on behalf of the corporation b. A servant following the instructions of his master c. An agent carrying out the orders of his principal d. None of the above; everyone has a personal liability for the torts they commit

In which of the following situations would an undisclosed principal be liable to the third party on a contract? a. The agent was acting within the scope of his or her authority. b. The principal retained the benefits of the contract. c. The contract negotiated by the agent was not for the agent's personal services. d. The principal is liable in all of the situations above.

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Because Peg is not compensated for the activities she is performing on her brother's behalf, she owes him a. Only the duty of loyalty. b. Only the duties of loyalty and information. c. Only the duties of loyalty, information and the duty to account d. Peg owes Jim all the duties of an agent to a principal.

John, who is employed by a private business, was injured on the job. How will OSHA learn of the job safety violation that caused his injury? a. John may report his injury directly to OSHA b. John's employer must report his injury to OSHA c. OSHA may conduct an inspection of John's worksite d. a, b and c

Mary was employed as a salesperson under an employment at will contract. When she was called for jury duty, her employer told her she would be fired if she missed more than 2 days of work. Mary served on a trial that lasted for 8 days and her employer terminated her contract. Mary sued her employer in tort and won. What damages were available to Mary in this case? a. Unpaid back wages and benefits b. damages for pain and suffering c. punitive damages d. All of the above

Parker is a dealer in Oriental antiques and rugs. A sign in his store recommends that customers bring in their rugs to him for cleaning and repair. In fact, Parker does none of the cleaning or repair work himself. He sends the rugs to Local Cleaners, for whom he works as an agent making a 20 commission. Due to a mishap at Local's plant, the rug belonging to Parker's customer was damaged. Is Parker liable to the customer for the damage? a. No, Parker is Local's agent and has no fiduciary duties to third parties. b. No, Parker has no liability because he was acting within the scope of this authority as Local's agent. c. No, Parker has no liability because agents are not responsible for the torts of the principal. d. Yes, Parker is liable because he is the agent of an undisclosed principal.

Pat hired Mike to manage his deli, but the agency agreement did not state how much Mike is to be paid. In this situation, a. mike is a gratuitous agent until a salary is negotiated b. the agreement is voidable by Pat c. the agreement is voidable by Mike d. A court will read in a reasonable salary based on comparable positions in the business community

Raines Realty, a property management firm, hired Al Agent to manage an office complex. One of Al's duties was to collect the rents. Raines fired Al for negligence, but did not notify the tenants before the next rent payment was due. Al collected the rents as usual and left town with the money. Are the tenants required to pay that month's rent again to Raines? a. Yes, because third parties have a duty to verify that agents are acting within the scope of their authority. b. Yes, because a payment to Al stopped being a payment to Raines when Al's actual authority to accept payments ended. c. No, because Al still had implied authority to collect the rents until Raines told the tenants otherwise. d. No, because Al still had apparent authority to collect the rents until Raines told the tenants otherwise.

Rita knew that one of her customers regularly subjected an employee to lewd public sexual advances. The employee complained of this to Rita who took no action because the customer placed many large orders with her store. Does Rita have any liability for her customer's behavior? a. No, Rita has no control over a customer's conduct and therefore no liability for that conduct. b. No, it would put an undue burden on Rita's business to alienate an important customer. c. Yes, Rita is liable under Respondeat superior d. Yes, Rita is liable in negligence

The Occupational Safety and Health Act imposes on employers both a general duty to provide a safe work place and specific duties that are tailored to the employers' particular industries. a. John may report his injury directly to OSHA b. John's employer must report his injury to OSHA c. OSHA may conduct an inspection of John's worksite d. All of the above

The general legal principal under which an innocent person can be held liable for the wrongdoing of another is a. The rule of transferred intent b. the rule of ultra vires c. The rule of corporate complicity d. Vicarious liability

The primacy source of law governing the relationship between the principal and the agent is a. The Uniform Commercial Code b. Federal statutes c. Federal common law d. State common law case law

The type of sexual harassment that occurs when a promotion or other benefit is made conditional on the employee granting a sexual favor is _______________ harassment. a. Hostile workplace b. Disparate impact c. Disparate treatment d. Quid pro quo

The well-established legal principal that employers are liable for the torts committed by employees while acting within the scope of their employment is _____________________. a. The rule of transferred intent b. The rule of ultra vires c. The rule of corporate complicity. d. Respondeat superior

To be eligible for Chapter 13, an individual must a. Have a regular income b. Have unsecured debts of $336,900 or less c. Complete the mandatory consumer creditor counseling class d. All of the above

To collect workers' compensation, what must an employee do? a. Suffer an injury that arose out of his employment b. Be included in the category of workers entitled to workers' compensation c. Not be out of work for more than ten days d. Both A and B

To defeat the defense, in a disparate impact case, that the discriminatory practice is "job related and consistent with business necessity," the plaintiff must prove which of the following? a. The employment practice is a pretext for discrimination b. Another, non-discriminatory, practice exists that achieve the same business result c. The employer developed the business practice with the specific intent to discriminate d. Either A or B will defeat the defense

Under the National Labor Relations Act, businesses may NOT do which of the following? a. Prevent workers from forming a union b. Discriminate against workers for joining a union c. Law off workers in business downturns without the approval of twenty-three of the worker in a shop vote d. Both A and B

What are state "right to work" laws designed to do? a. Allow workers to opt out of overtime pay protections b. Allow workers to sue for invasion of privacy when their employers monitor their private electronic communications c. Forbid employers from requiring alcohol and drug testing as a condition of employment d. Forbid employers from requiring that workers be members of a union as a condition of employment

What happens if an agent acts outside the scope of his or her authority when negotiating a contract? a. The agent loses the right to reimbursement b. The agent loses the right to indemnification c. The agent becomes personally liable on the contract to the third party d. All of the above

When a servant completely abandons the master's work to pursue his own interests, the servant is on a ___________. a. Detour b. Outing c. Trespass d. Frolic

When does an agent incur personal liability on a contract with a third party? a. When he acts outside the scope of his authority in negotiating the contract b. When he is an agent for an undisclosed principal c. When he is an agent for a partially disclosed principal d. All of the above

When is the only time that employers are subject to the Age Discrimination in Employment Act? a. If they engage in interstate commerce b. If they have at least twenty employees c. If they have at least 100 employees d. Both A and B

When would an employer not be liable for sexual harassment of an employee by a supervisor? a. If it was quid pro quo harassment b. If it was hostile workplace harassment and the employer had exercised reasonable care to establish and enforce anti-harassment policies c. If it was hostile workplace harassment and the employee waited too long to report the incident d. both B and C

Which federal statute requires that employers provide safe working conditions for their employees? a. The Landrum-Griffin Act b. The Taft-Hartley Act c. The Corporate Insurance Compensation Act d. The Occupational Safety and Health Act

Which of the following categories of workers is NOT covered by the National Labor Relations Act? a. Employees of the federal government b. Employees of state governments c. Independent contractors d. None of the above are covered by the NLRA

Which of the following category of worker is not covered by the national labor relations act? a. employees of the federal gov't b. employees of state gov't c. independent contractors d. none of the above is covered by the national labor relations act

Which of the following industries are subject to particular FTC scrutiny? a. Funeral homes b. Tanning salons c. Home insulation providers d. Both a and c

Which of the following is NOT a right guaranteed to workers by the National Labor Relations Act of 1935? a. The right to organize into unions b. The right to collective bargaining c. The right to strike d. The right to lock out management

Which of the following is NOT part of plaintiff's prima facie case for showing disparate treatment? a. Plaintiff is a member of a protected class b. Plaintiff was qualified for the position c. Plaintiff was rejected for the position d. Defendant has eliminated the position

Which of the following is not an element of ratification? a. The principal was fully disclosed at the time the contract was formed. b. The principal is aware of all of the terms of the agreement c. The third party has not withdrawn from the contract d. All of the above are requirements for ratification

Which of the following statements about unemployment compensation is true? a. An employee must have worked for a minimum amount of time to qualify b. Employees who quit without good cause are ineligible for benefits c. Employees who were fired for cause are ineligible for benefits d. All of the above

Which of the following would not terminate an agency by operation of law? a. The death of the principal b. The death of the agent c. The destruction of the goods that the agent was hired to sell d. All of the above terminate an agency by operation of law.

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Jim received several dividend checks from his stock broker while he was gone. Peg deposited the checks in her own bank account because her funds were low. Several weeks later she made out a personal check for the amount of the dividends and deposited it into Jim's account. Has Peg breached any agency duties? a. No, this is a gratuitous agency and her only duty is the duty of loyalty. b. No, her action made no difference because Jim ended up with the amount due him. c. No, there was no intent to convert Jim's money. d. Yes, she breached her duty to account.

d. Yes (she breached her duty to account. (because she comingled the funds))

Which of the following unsecured creditors has first priority when the assets are distributed in a chapter 7 bankruptcy?

Child support, alimony

Rhonda Realtor was hired to find Client an undeveloped lot that met the following requirements: the lot must be in the mountains, on a pristine lake, consist of at least 10 acres, and be available for no more than $500,000. Rhonda found a property that met all these requirements for only $425,000. Enchanted, she bought the property for herself. She did not tell Client about her find and is still diligently seeking another property that meets Client's needs. Which, if any, agency duties has Rhonda violated? a. duty of loyalty b. duty to inform c. duty to obey instructions d. all of the above

Whether or not a principal has ratified a contract is a question of law to be decided by the judge, and never a jury, at trial True False

False

Title VII caps the amount of damages a plaintiff may collect from a defendant with 100 or fewer employees at $10,000. True False

False ($50,000)

Under the Electronic Funds Transfer Act, a banking institution has 5 days after determining that an electronic transfer had been erroneously made to a customer's account to correct the error. True False

False (3)

If the principal dies, the agency agreement terminates by operation of law True False

True

An agent who comingles the principal's funds with his or her own violates the duty to account. True False

True (however the agent CAN comingle so long as he does so through a seperate account)

A debtor is presumed to be _____ during the ninety-day period prior to the filing of the petition. a. Insolvent. b. Under duress. c. Incapacitated. d. Solvent.

A joint case is a voluntary bankruptcy case filed by a. Spouses b. Partners in a partnership c. Members of an LLC d. All of the above

A person who breaches a duty that is neither a contractual duty nor a crime commits a _______. a. tort b. misdemeanor c. malum in se d. malum prohibitum

A principal whose identity is known to a third party is a(n) _________ principal a. Disclosed b. Undisclosed c. Partially disclosed d. Transparent

A supervisor offering an employee a promotion or extra vacation time in exchange for sexual favors is an example of ____ harassment. a. Quid pro quo b. Hostile workplace c. Constructive d. Disparate treatment

An act of Congress that forbids creditors from discriminating against potential debtors on the basis of selected attributes is the ____. a. Equal Credit Opportunity Act b. Credit Civil Rights Act c. Credit Discrimination Act d. Collective Borrowing Act

An employee must be at least ____ years of age to be protected from discrimination under the Age Discrimination in Employment Act. a. Forty b. Sixty-two c. Sixty-five d. seventy

Andrew owned a house painting business with 100 employees. Andrew fired Bob because Bob skipped work to attend a political rally. If Bob sues Andrew for wrongful termination, will he win? a. No, Bob will not win the lawsuit b. Yes, Bob will win the lawsuit because a political rally is similar to missing work for voting c. Yes, Bob will win the lawsuit because a political rally is similar to missing work for jury duty d. Yes, Bob will win the lawsuit because a political rally is similar to missing work for National Guard service

Ann Agent was hired by Buyer to locate a piece of property suitable for building an office complex. Ann and her cousin jointly owned a piece of property that suited Buyer's needs. Without telling Buyer of her ownership interest, Ann negotiated the purchase on Buyer's behalf. The price for the property was its fair market value. What options are available to Buyer when he learns that Ann was the seller? a. He may rescind the contract because Ann violated her duty of loyalty. b. He must go through with the contract because the price was objectively fair. c. He must go through with the contract because her cousin's participation made this an arm's length deal. d. He must go through with the contract, but does not have to pay Ann her commission.

Apparent authority is also known as _____________ authority. a. Ostensible b. Incidental c. Express d. Constructive

Athlete superstar hired Angie Agent to negotiate a contract for him with a major cereal company Athlete superstar, in various action poses, are to be prominently displayed on every box of GoodForYou cereal for one year. In these circumstances, Athlete Superstar is a(n) __________ principal. a. disclosed b. partially undisclosed c. undisclosed d. special

Creditors are required to file ____ if they are to share in the debtor's estate. a. Proof of their claims b. Financial statement c. Articles of dissolution d. Mechanic's lien

If a debtor has 12 or more unsecured creditors, at least ____ of these creditors with aggregate claims of $13, 475 must sign the petition to force the debtor into an involuntary bankruptcy. a. 3 b. 6 c. 7 d. 12

In a bankruptcy proceeding, the ____ is the individual, business organization, municipality or farmer that the bankruptcy proceeding involves. a. Debtor b. Creditor c. Interested Party d. Trustee

In a disparate treatment case, the plaintiff can defeat the defendant's claim that the discriminatory employment decision was taken for a "legitimate non-discriminatory reason" by proving that the reason offered was a. A pretext b. A sham c. Illusory d. Fraudulent

In determining the rights and duties of the parties to an agency relationship, the courts look to a. Case law, has developed most of the principles applicable to the law of agency b. The Uniform Commercial Code c. The National Labor Relations Act d. Federal common law

In order to ratify an agent's contract, the principal must have been __________ at the time the contract was formed. a. Disclosed b. Partially disclosed c. Either disclosed or partially disclosed d. Undisclosed

Matt is employed as the manager of Local Steak House, with wide-ranging responsibilities for all aspects of the business. In this position, Matt is an________ a. General agent b. Special agent c. Broker d. Factor

Only employers who have ____ or more employees are subject to the Family and Medical Leave Act. a. Fifty b. Seventy c. 100 d. 300

Sam is retiring and selling his business to Ed, an employee. They want Larry Lawyer to draw up a sales contract that protects both Sam's interests as the seller and Ed's interests as the buyer. If Larry agrees to this dual agency, which agency duty would he most risk violating? a. The duty of loyalty b. The duty not to be negligent c. The duty to account d. Dual agencies pose no particular problems in carrying out agency duties.

Sue hired Harry to sell her prized racing filly, YouGoGirl. Harry's commission was to be 20% of the selling price. Before a buyer could be found, YouGoGirl died of an equine virus. What is the status of the agency agreement between Sue and Harry? a. The agency terminates by operation of law. b. The agency continues unless the principal, Sue, takes a unilateral action to end it. c. The agency continues unless the agent, Harry, takes a unilateral action to end it. d. The agency continues unless is it terminated by the mutual agreement of Sue and Harry.

The Equal Pay Act prohibits discrimination in pay scales and compensation based on ____ . a. Gender b. Color c. Race d. National origin

The Fair Credit Billing Act provides a mechanism for consumers to remedy errors received on ____. a. Credit Card Bills b. Bank Statements c. Consumer Savings Accounts d. Consumer Subprime Accounts

The filing of the petition by a debtor triggers an ____, which has the effect of suspending almost all actions by creditors against the debtor. a. Automatic stay b. Express written waiver c. Notice of default

The most important regulation associated with the Truth in Lending Act is _______, which mandates certain disclosures be made for credit arrangements. a. Regulation Z. b. Fair Trade Act. c. Equal Protection Act. d. Sherman Act.

The only principal who can ratify a contract is an _____________ principal. a. Disclosed b. Undisclosed c. Partially disclosed d. Both a and c can ratify a contract.

The type of employment discrimination that requires a plaintiff to show that the discrimination is intentional is ____ discrimination. a. Disparate treatment b. Disparate impact c. Malum in se d. Malum prohibitum

To be subject to the Age Discrimination in Employment Act, an employer must a. be engaged in interstate commerce and have at least 20 employees b. be engaged in interstate commerce and have at least 40 employees c. be engaged in either intrastate or interstate commerce and have at least 40 employees d. be organized as a corporation or limited liability company and have at least 40 employees

Under Chapter 11, the debtor may file an ____ in an attempt to extricate the business from its financial difficulties and help it to survive. a. Plan of reorganization b. Contingency plan c. Notice of default d. Operating agreement

Under the Fair Credit Reporting Act, the reports generated by consumer credit reporting agencies may be furnished to any entity that possesses an ____ for the information. a. Legitimate need b. Interest concern c. Minimal curiosity d. Subpoena

Under the Telemarketing and Consumer Fraud and Abuse Protection Act, consumers may avoid telemarketing calls by putting their names on a federally maintained list called the ____ registry. a. Do not call b. Cry-baby c. Wedding d. Phone exemption

Under the ______________Act, a company that denies a person credit, insurance, or employment based on the report of a consumer credit reporting agency must tell the consumer the name and address of the reporting agency. a. Fair Credit Reporting b. Electronic Funds Transfer c. Truth in Lending d. Equal Credit Opportunity

What is the federal agency that investigates and enforces anti-discrimination portions of Title VII? a. The Equal Employment Opportunities Commission b. The National Labor Relations Board c. The Special Employment Commission d. The Federal Antidiscrimination Administration

What is the source of the employment at will doctrine? a. Common Law b. The Uniform Commercial Code c. The Convention of International Employment d. Federal Statutes

What is the status of an agency agreement when a principal files for Chapter 7 bankruptcy? a. The agency terminates by operation of law when the court grants the order for relief. b. The agency terminates by operation of law 30 days after the trustee takes over the debtor's assets. c. The agency terminates by operation of law 60 days after the trustee takes over the debtor's assets. d. The agency terminates by operation of law 90 days after the trustee takes over the debtor's assets.

Which legal principal always imposes punitive damages on a master if the wrongful conduct of the servant justifies punitive damages? a. Vicarious liability rule b. Complicity rule c. Transferred liability rule d. Durham rule

Which of the following statement is false about the provisions of the Truth in Lending Act? a. The Act regulates both consumer and commercial credit transactions b .The Act's disclosure requirements apply only to creditors who are in the business of extending credit. c. The Act applies to all real estate transactions. d. The Act requires creditors to disclose interest, service, and credit reporting charges.

Which of the following statements about a discharge under Chapter 7 is false? a. The discharge is available to corporations and partnerships. b. The discharge covers all the scheduled debts that arose before the order of relief. c. The discharge operates as an injunction against creditors trying to collect on a debt. d. The discharge requires that most of the debtor's assets be used to pay the debts.

Which of the following statements about an agent's duty to inform is false? a. The duty to inform does not apply to gratuitous agents, only to compensated agents b. The principal is assumed to know everything that the agent knows and can be held liable legally for this information c. The agent must inform the principal if a credit customer is having financial difficulties d. The agent must inform the principal about changes in market conditions

Which of the following statements about minority racial preference plans under Title VII is false? a. Racial preference plans are, without exception, forbidden under Title VII b. Racial preferences can be used for a limited period of time c. Racial preferences can be used to open employment opportunities in traditionally segregated jobs d. Racial preference plans must preserve some protections for white employees

Which of the following statements about the good cause exception to the employment at will doctrine is false? a. An employee who wins a suit for wrongful termination under the good cause exception is entitled to back wages, damages for pain and suffer b. Thirty years of continuous employment is good evidence that an implied contract to terminate only for good cause has been created. c. The good cause exception is created by the conduct of the parties, particularly the conduct of the employer, during the years of employment. d. A and B only

Which of the following statements about unemployment compensation insurance is true? a. The program is funded and administered by the individual states b. The program is a provision of the Family and Medical Leave Act c. The program is a provision of the National Labor Practices Act d. The program is a provision of the Occupational Safety and Health Act

Which of the following statements about workers' compensation programs is false? a. Workers compensation laws are state laws that provide benefits to workers injured on the job. b. An injured worker may collect workers' compensation and may sue his or her employer for negligence. c. If the worker was injured by a defective product used in the workplace, the worker may collect workers compensation and sue the manufacturer d. Workers compensation does not cover job injuries that are intentionally caused.

Which of the following statements is FALSE about a principal's ratification of an authorized contract? a. The principal must have been either disclosed or partially disclosed at the time the contract was formed. b. The principal may not change any of the provisions of the contract. c. The principal must be aware of all material facts surrounding the negotiations and formation of the contract. d. The third party must not have withdrawn from the contract.

Which of the following would NOT constitute a disability under the Americans with Disabilities Act? a. Homosexuality b. Perception by others that on is disabled c. A physical impairment that substantially limits one or more life activities d. A mental impairment that substantially limits one or more life impairments

the age discrimination in employment act protects employees who are at least _____ years of age from employment discrimination a. 40 b. 50 c. 60 d. 62

Patty Principal fired Al Agent because Al had been careless in his record keeping and had comingled personal and business funds. Unless Patty notifies the third parties who dealt with Al that he is no longer her agent, Al will continue to have __________ authority and Patty will be bound by his actions. a. Apparent b. Implied c. Incidental d. Actual

a. Apparent (Authority a principal causes or allows a third person to believe the agent possesses)

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Jim will be out of the country when a piece of land he sold goes to settlement. He wants to give Peg the authority to convey the deed and sign any necessary settlement papers in his name. To do this he should give Peg _______________. a. Special power of attorney b. General power of attorney c. Factors letters of appointment d. Broker Authority

a. Special power of attorney (because the sold land is a single transaction)

A ____ is an order by the bankruptcy judge that a debtor is relieved of paying specific debts. a. Confessed judgement b. Discharge c. Foreclosure d. Liquidation

A creditor's right to payment in a bankruptcy case is a ____ . a. Discharge b. Claim c. Debt d. Security interest

A person who is given power of attorney is called an______________. a. Attorney at law b. Attorney in fact c. Factor d. General agent

A principal is obligated to pay any judgments against an agent who incurred liability to a third party while carrying out the principal's orders. This duty to hold the agent "harmless" is the duty to___________. a. Reimburse b. Indemnify c. Compensate d. Account

Apparent authority can only be created by the actions of a. The agent himself b. A disclosed principal c. A partially disclosed principal d. An undisclosed principal

Before a binding vote is held in which workers choose to unionize or not unionize, enough workers must sign authorization cards indicating that they are interested in joining the union. What is the percentage of the work unit who must sign these cards? a. Ten b. Thirty c. Fifty d. Eighty

Creditors may petition the bankruptcy court to convert a Chapter _________ bankruptcy in to a Chapter __________ bankruptcy. a. 7 into 13 b. 11 into 7 c. 11 into 13 d. 13 into 11

Doctors, lawyers, executives, and others who are not covered by laws regulating overtime pay are classified as ____ employees. a. Vital b. Exempt c. Statutory d. Goodwill

FTC regulations provide that for mail-order sales, if the merchant cannot meet the stated date of shipping, the customer must be ____. a. Refunded b. Notified c. Paid d. Cancelled

If a claim of quid pro quo harassment is proved, the employer is liable based on which theory? a. Negligence b. Respondeat superior c. The complicity rule d. The duty to indemnify

If a third party does not know that he is dealing with an agent and believes that the agent is acting on his own behalf and will perform on the contract, the principal in this situation is _________ a. Disclosed b. Undisclosed c. Partially disclosed d. Transparent

In a liquidation proceeding, a debtor surrenders all _______, from which creditors are paid as much as possible. a. Liabilities. b. Assets c. Unsecured debts. d. Goodwill.

In door to door sales, customers have a "cooling off period" during which they can cancel their orders. The cooling off period is for ____ days. a. 1 b. 3 c. 5 d. 180

In liquidation cases, the first meeting of creditors includes the important step of electing an __________. a. Presiding judge. b. Permanent trustee. c. Interim trustee. d. Administrative Law Judge.

In some states, a parent-owner is liable for any damages caused by a family member operating the vehicle. This is the __________ doctrine a. Durham b. Family car c. In loco parentis d. Family negligence

Much of federal legislation addressing labeling and packaging addresses products that are ____ . a. Luxury goods b. Potentially dangerous c. Illegal d. Soothing

Pat hired Mike, a dealer in livestock, to sell his herd of cattle. Mike was to receive a 20 commission on the sale. Before a buyer could be found, the herd had to be destroyed because of an outbreak of mad cow disease. Which statement best describes the status of the agency agreement? a. The agency will continue under the same terms when Pat acquires a new herd. b. The agency was terminated by operation of law c. The agency was terminated by a unilateral action d. The agency was terminated by mutual agreement

Regarding door-to-door sales, federal regulations mandate that consumers must be told that they have _______ within which to cancel any door-to-door sale. a. One hour. b. Three days. c. One year. d. Three years.

The Fair Debt Collection Practices Act prohibits debt collectors from participating in _______. a. All debt collection activities. b. Abusive and deceptive behaviors. c. Collection of small or insignificant debts. d. Judicial debt collection procedures.

The general legal doctrine that holds one person responsible for the torts committed by another because of the relationship they have to each other is _______________. a. Respondeat superior b. Vicarious liability c. Primary liability d. transferred liability

The important federal regulation that requires all creditors to disclose the annual percentage rate (APR) charged so that debtors can compare credit offers is _________________. a. Regulation D b. Regulation Z c. Subchapter S d. Chapter 7

The legal doctrine that holds the master liable for the torts committed by a servant while acting within the scope of this employment is a. Quid pro quo b. Respondeat superior c. Caveat emptor d. Alter ego liability

The purpose of the Telemarketing and Consumer Fraud and Abuse Prevention Act is to prohibit ____ telemarketing practices. a. Substantially all b. Deceptive c. Requested d. Ex-spouse

The purpose of the automatic stay is to prevent a. Debtors from hiding personal property. b. Creditors from collecting on debts. c. Creditors from filing involuntary bankruptcy petitions d. Creditors from converting a Chapter 11 into a Chapter 7

The type of employment discrimination that occurs when employment practices have the effect to disqualify a large portion of a protected class is ____ discrimination. a. Disparate treatment b. Disparate impact c. Quid pro quo d. Malum in se

Under Chapter 11, a hearing is held on the confirmation of a debtor's proposed reorganization plan, to determine if it is ____. a. In the best interest of the debtor b. Fair and equitable c. The least restrictive means of organization d. Subject to liquidation

Under federal bankruptcy law, a ____ is a transfer within two years of the filing of the petition, with the intent to hinder, delay or defraud creditors. a. Usurious lending practice b. Fraudulent conveyance c. Negligent misrepresentation d. Fraud in the inducement

What does the Family and Medical Leave Act require? a. Employees receive their normal pay when on medical leave b. Employees are entitled to twelve weeks of medical leave during a twelve-month period c. Employees must have worked for an employer for a minimum of thirty-six months to qualify for medical leave d. What constitutes a "serious medical condition" is decided by the employee

What is the federal statute that makes it illegal for unions to organize secondary boycotts, promote featherbedding, and refuse to bargain with employers? a. The Consolidated Omnibus Budget Reconciliation Act b. The Taft-Harley Act c. The Fair Labor Standards Act d. The Occupational Safety and Health Act

What is the term used to describe the voting conditions necessary for a binding "representation election'' in which the workers in a company vote whether or not to unionize? a. Court annexed b. Laboratory c. Equitable d. Democratic

When an employer creates a work environment so hostile and intolerable that a reasonable employee would quit, the employer has created a condition of ______. a. Emotional distress b. Constructive discharge c. Retaliation d. Disparate impact discrimination

When an employer punishes an employee for reporting illegal employment practices to the EEOC, the employer engages in _______. a. Retribution b. Retaliation c. Quid pro quo discrimination d. Disparate impact discrimination

Which federal statute sets standards for employee pension and benefits plans? a. Fair Labor Standards Act b. Employee Retirement Income Security Act c. National Labor Relations Act d. Landrum-Griffin Act

Which of the following activities is permitted by the Taft-Hartley Act? a. A business may require that a worker be a member of a union as a condition for being hired. b. A business may require that a worker join a union after he has worked for a certain period of time c. Unions may organize secondary boycotts to protest the employment practices of other employers. d. Unions may veto management layoffs of workers during slow business periods.

Which of the following employers is NOT subject to Title VII's anti-discrimination provisions? a. A business organized as a sole proprietorship b. A business that has twelve employees c. A U.S. firm doing business in England d. A corporation with fewer than fifteen shareholders

Which of the following is NOT a factor in determining whether a servant was acting within the scope of his employment? a. Was the servant carrying on the master's business when the tort was committed? b. Was the servant disobeying the instructions of the master when the tort was committed? c. Was the instrumentality of the injury furnished by the master? d. Did the master authorize the servant to use the instrumentality of the injury?

Which of the following is eligible to file for bankruptcy under Chapter 7? a. An Insurance company b. An individual c. A railroad d. A saving and loan association

A bankruptcy trustee does not have the power to invest the assets of the bankruptcy estate True False

false

A principal always has the right to terminate an agency true false

false

A principal may terminate the agency of a disloyal agent only if the principal suffered a financial loss because of the agent's disloyalty. true false

false

A store manager is an example of a special agent true false

false

All businesses have a right to liquidation proceedings. True False

false

All debtors who are eligible to file under Chapter 7 will receive a discharge. True False

false

An agent whose agency appointment has terminated has the implied authority to continue to conduct the principal's business until third parties are notified of the termination True false

false

An employer cannot be held liable under respondeat superior for the negligence of a person who is working under the employer's control and direction, but who is not being paid. True False

false

An employer is responsible for the torts committed by an employee while the employee is on a frolic, but not for those torts committed while the employee is on a detour. true false

false

An employer may have liability for the negligent hiring of a servant, but not for the negligent hiring of an independent contractor true false

false

Assume that you hire an independent contractor to transport hazardous chemicals for your company. If he negligently causes damages to a third party while carrying out the job, you will not be liable because of his status as an independent contractor. True False

false

At a meeting of creditors, the debtor may refuse to answer any questions about property that may have been removed from the list of assets. True False

false

Congress has not yet been active in generating laws aimed at labeling and packaging. True False

false

Consumers have up to $2,000 of liability for losses due to unauthorized electronic transfers if they do not report the unauthorized transfer to the bank within two business days of learning of it true false

false

Debt collection agencies may publish in newspapers and on a special Web site "bad debt" lists with consumers' names and addresses. True False

false

Debt collectors may make harmless misleading statements, such as "I am a lawyer", but may not threaten the debtor. True False

false

ERISA requires that all employers with more than fifteen employees provide health insurance for the employees True False

false

Employees who are covered by the Fair Labor standards act must receive treble their hourly salary for each hour of overtime they work true alse

false

If a bankruptcy trustee assigns a contract to a third party and the third party later breaches the contract, the trustee will be liable for the contract. True False

false

If a consumer places his or her name on the "Do Not Call Registry," telemarketers may only contact that individual during ordinary business hours. True False

false

In contracts negotiated by an agent who is acting within the scope of his authority for a disclosed principal, the agent, the principal, and the third party are equally liable on the contract. True False

false

Legal actions to collect back child support and alimony are among those subject to the automatic stay. True False

false

Legally speaking, there is no significant distinction between puffery and deceptive advertising. True False

false

Masters and servants ONLY have joint liability for torts committed by the servant in the strict course of his employment. True False

false

Officers of corporations have unlimited actual authority to sell the real property and intangible assets of the corporation true false

false

Once a debtor files a Chapter 7 petition, the debtor cannot request that the case be converted to a Chapter 11 or Chapter 13 proceeding. True False

false

The American's with Disabilities Act only protects employees who can perform essential work functions despite their disabilities; the Act does not require employers to take affirmative measures to accommodate employees. True False

false

The Electronic Funds Transfer Act established a national fraud alert system to help consumers whose identities had been stolen. True False

false

The Fair Credit Reporting Act requires the person who is the target of a credit inquiry to consent to the disclosure of his or her credit information. True False

false

The Fair Debt Collection Practices Act applies both to third party collectors (like collection agencies) and to the original creditor. True False

false

The Family and Medical Leave Act guarantees that an employee will be paid one-half his or her salary for up to six months of leave, so long as the leave was for a "serious health condition." True False

false

The debts of partnerships, limited liability companies, and corporations that go through liquidation proceedings are usually discharged. True False

false

The doctrine of respondeat superior does not apply when the employees are highly trained professionals, such as doctors and airplane pilots true false

false

The legal test to determine whether someone is a general agent or a special agent is whether or not the agent is paid for his services. true false

false

The standard the agent must meet in carrying out the work of the principal is "extraordinary care and diligence" true false

false

The standards of "reasonable accommodations" for disabilities are the same standards as "reasonable accommodations" for religious practices. True False

false

There is no evidence that information included on labels and packaging influences consumers' purchase decisions. True False

false

Title VII does not apply to sole proprietorships, regardless of the number of people a business employs. True False

false

Title VII prohibitions against gender-based discrimination include adverse employment actions based on sexual orientation. True False

false

Title VII protections against discrimination based on gender apply only to female employees and not to male employees. True False

false

To establish a claim for deceptive advertising, it must be proven that actual customers were misled into purchasing he product. True False

false

To prove disparate impact discrimination, a plaintiff must show that the practices complained of were "designed and intended" to disadvantage him or her. True False

false

Under Chapter 11, holders of claims or interests in the debtor's property are not permitted to participate in the approval process of a proposed plan of reorganization. True False

false

Under Section 7 of the National Labor Relations Act, workers who are members of a union retain the right to negotiate individual employment contracts with their employers. True False

false

Under certain circumstances, a consumer may be incarcerated for nonpayment of a debt. True False

false

Under the Equal Credit Opportunity Act, a creditor is permitted to ask whether an applicant is married when considering the applicant's creditworthiness. True False

false

Under the National Labor Relations Act employers must re-hire workers who went on strike for higher wages or increased benefits. True False

false

Union shops are illegal under the Taft-Hartley Act. True False

false

Workers Compensation Insurance is a comprehensive program that covers all job related injuries, including those that were intentionally inflicted. True False

false

A consumer's liability for an unauthorized electronic transfer of funds is limited to $150. True False

false ($50)

1. Ruth had a contract to sell a vacation home she owned in North Carolina. Rather than make the trip from Oregon for the closing, she gave her brother Ian, who lived in North Carolina, the authority to represent her at the closing and to sign all the necessary papers. The notarized document that confers this authority on Ian is a (n) __________________; and Ian is a (n) _____________. a. General power of attorney-------------------Attorney in fact b. Special power of attorney--------------------Attorney at law c. Special power of attorney--------------------Attorney in fact d. General power of attorney-------------------Attorney at law

1The Principal and Agent have _______ relationship with each other a. An arm's length b. A statutory c. A fiduciary d. An equitable

A ____ exists where an insolvent debtor pays some creditors a greater percentage of the debts than the creditors in the same class. a. Priority b. Voluntary dissolution c. Preference d. Malicious prosecution

A customer who finds an error in a credit card statement has ___days from the time of discovery to notify the bank. a. 20 b. 30 c. 60 d. 90

A master will not be liable for the torts committed by a servant if the servant was on a ______ when the tort was committed. a. Lark b. Errand c. Frolic d. Detour

A material misrepresentation or omission likely to mislead a potential customer and would mislead a reasonable consumer is ____. a. Puffery b. Usury c. Deceptive advertising d. Flambasting

A person who is employed to perform services for another and who is under the other's control and subject to the other's direction is a(n) _____________. a. Independent contractor b. Agent c. Servant d. Factor

An Act of Congress that controls the gathering, preservation and reporting of credit-related information is the ________. a. Truth in Lending Act b. Equal Protection Act c. Fair Credit Reporting Act d. Equal Credit Opportunity Act

An ____ is entered by the bankruptcy judge when he or she finds that the debtor is entitled to the protection of the bankruptcy law. a. Order of default b. Notice of removal c. Order of relief d. Judgement

An employee who quits a job because the employer created an intolerable work environment has a cause of action under Title VII for which of the following? a. Disparate impact discrimination b. Gross negligence c. Constructive discharge d. Invasion of privacy

An employer may be liable for harassment by a non-supervisory co-worker based which theory? a. Respondeat superior b. Strict liability c. Negligence d. Breach of a fiduciary duty

An employer who prevents employees from coming to work in an effort to accelerate contract negotiations between management and union leadership engages in a ____ . a. Boycott b. Job action c. Lockout d. Strike

In a typical chapter 13 bankruptcy, one half of the debtors take home pay is allocated to repay debts. True False

false (1/4 of the debtors take home pay is allocated to repay debts)

Information about a consumer's bankruptcy may remain in the files of a credit reporting agency for up to 15 years. True False

false (7)

To prove disparate impact discrimination in employment, plaintiffs must show in their prima facie case that the selection rate for minorities is less than 50% of the selection rate for non-minorities. True False

false (80%)

An independent contractor may file a complaint under Title VII if he or she was not hired by a customer because of gender discrimination True False

false (Title VII only applies to employees)

Assume that all the owners of the professional sports teams within a league wanted to pressure the players during contract negotiations to make wage and benefit concessions. Assume also that the owners refused to schedule games for the upcoming season, and denied the players access to playbooks, the coaching staff and the training facilities. These activities by the owners constitute a a. Job action b. Boycott c. Lock out d. Strike

Bona fide occupational qualification is a defense narrowly interpreted by the courts, which applies to cases of employment discrimination that are based on which of the following? a. Gender b. National origin c. Both A and B

Creditors may not force a debtor into an involuntary Chapter 13 bankruptcy because it would violate the debtor's ____ Amendment right against involuntary servitude. a. First b. Fifth c. Thirteenth d. Twenty-second

Implied authority is also known as _______ authority a. Apparent b. Ostensible c. Incidental d. Constructive

In a ______ credit transaction, the amount of the loan is set. a. Revolving. b. Open-end. c. Closed-end. d. Credit card.

In a bankruptcy proceeding, creditors' claims are subject to payment according to the ____ established by the bankruptcy law. a. Discretion b. Size or amount of the debt c. Priority d. Greatest need for payment

In an adjustment of debts under Chapter 13, the rights of ____ may not be modified a. Secured creditors b. Unsecured creditors c. Mortgagees d. Judicial lien holders

The Equal Pay Act is the source of the federal requirement that an employer reasonably accommodates the religious practices of its employees. True False

false (Title VII)

Debtor's intangible property will not become part of the bankruptcy estate. True False

false (all tangible and intangible property of the debtor constitutes the bankruptcy estate)

An agent operating under a written power of attorney is called an attorney-at-law true false

false (attorney in fact)

Apparent authority is created when a third party reasonably believes, based on the agent's conduct, that an unauthorized agent has the authority to act for the principal. True false

false (based on the principal's conduct)

A factor is an agent with the special limited authority of procuring a customer so that the principal can affect a sale or exchange of property. True false

false (broker)

Jill hired Ace Paving Company to pave her driveway. Ace's driver, Tom, carelessly dropped a load of hot tar on the lawn and prized rose bushes of Jill's neighbor, Dan. From whom can Dan seek damages? a. Dan can only sue Jill because she hired an independent contractor to carry out an unreasonably dangerous activity. b. Dan can only sue Ace because Tom was clearly acting within the scope of his employment. c. Dan can only sue Ace and Tom in joint and several liability. d. Dan can sue Jill and Ace and Tom in joint and several liability.

Employers have greater liability for employee torts in states that have adopted the complicity rule than in those states that follow vicarious liability. True false

false (complicity rule isn't as strict as vicarious liability)

Employees who are not covered by the Fair Labor Standards Act are called "classified employees." True False

false (exempt)

ERISA requires that all employers provide both health insurance and pension plans to their employees. True False

false (federal law does not require that employer provide pension plans, health insurance, or benefits to their employees)

What constitutes a hostile work environment is a matter of law and does not vary from workplace to workplace. True False

false (is matter of law but does vary from workplace to workplace)

Undisclosed principals have no liability to third parties for contracts negotiated by their agents. true false

false (liable to third parties only when the agent acted within the scope of actual authority)

When ratifying a contract, a principal may select which provisions of the contract to accept and which to reject. true false

false (must accept the benefits of the contract)

An employer may be liable under Respondeat superior if a customer repeatedly and publicly sexually harasses an employee. True False

false (negligence)

It is the duty of an agent to notify third parties when his agency is terminated true false

false (principal)

Sid's Sub Shop hired Ted to manage the shop from January 1, 2007 to December 31, 2007. This is an employment at will contract. True False

false (provision indicating specific duration removes presumption of at-will)

A multiple listing agreement lists real property with several brokers, but only the selling broker earns a commission on the sale True False

false (selling broker gets 60%, listing broker gets 30%, 10% goes to operating expenses)

The bankruptcy judge is the person who handles the assets and obligations of the debtor during the bankruptcy proceeding. True False

false (trustee)

Mel was employed be a restaurant under an employment at will contract. Mel's employer ordered him to lie during a state health inspection about on-going problems with the restaurant's main refrigeration unit. Mel answered the inspector's questions honestly and was fired. may Mel sue the restaurant for wrongful termination? a. No, Mel was hired under an employment at will contract, so his employment can be terminated at any time and for any reason b. No, Mel breached a fiduciary duty by failing to obey instructions c. Yes, Mel may sue the restaurant under the public policy exception to the employment at will doctrine d. Yes, Mel may sue the restaurant under the good cause exception to the employment at will doctrine

Nada, an attorney, has engaged in the following representations this past year. Which one is least likely to violate her duty of loyalty to her clients? a. Neda represented both the buyer and the seller in the purchase of a business b. Neda represented both spouses in their property settlement following the divorce c. Neda represented a local restaurant, which she patronizes frequently, in an employment discrimination suit d. Neda created a limited partnership with 3 limited partners; she as one of the limited partners

Promotional statements made by a business about a product or service that are not intended to be taken literally are known as ________. a. Guaranties. b. Material misrepresentations. c. Puffery. d. Deceptive advertising.

Ted was hired under a one-year contract to manage Sue's sub shop. Eight months into the contract, Sue fired Ted in order to hire a new manager who had just graduated with a degree in marketing and had a lot of ideas for increasing sales. Ted had not breached the contract in any way. Which statement best describes Sue's rights in these circumstances? a. Sue had both the right and the power to terminate Ted's contract. b. Sue had neither the right nor the power to terminate Ted's contract. c. Sue had the power, but not the right, to terminate Ted's contract. d. Sue had the right, but not the power, to terminate Ted's contract.

The Fair Debt Collection Practices Act was enacted by Congress to control the behavior of ____. a. Creditors b. Debtors c. Debt Collectors d. Politicians

The Fair and Accurate Credit Transaction Act attempts to reduce the impact on individuals who are the target of ______. a. Unfair lending procedures. b. Deceptive advertising. c. Identify theft. d. Interference with business relations.

The ____ consists of all legal or equitable interests of the debtor in property. a. Account receivable b. Court registry c. Bankruptcy estate d. General ledger

The ____ imposes duties on creditors who wish to extend credit, primarily in the area of making disclosures to potential debtors. a. Sherman Act b. Equal Credit Opportunity Act c. Truth in Lending Act d. Consumer Credit Availability Act

The ____ regulates the process banks use to transfer consumer funds through electronic means. a. Super-Fund Act b. Consumer Banking Act c. Electronic Funds Transfer Act d. Banking Transfer Act

The agency created by Congress to administer the provisions of Title VII dealing with discrimination in the workplace is the a. National Labor Relations Board b. President's commission on workplace opportunity c. Equal employment opportunity commission d. Employment and labor relations commission

The exemption that allows debtors to exempt a certain portion of the equity in their homes is called the ____ exemption. a. Family purpose b. Fresh start c. Homestead d. Family protection

The federal legislation that prohibits banks from taking money from a customer's checking or savings account to pay a delinquent credit card account with them is the a. NCUA Act b. FDIC Act c. Fair Credit Billing Act d. Checks and Deposits Act

The final vote in which workers decide whether or not to unionize must be conducted without undue influence from either union or management. The term for these voting conditions is ____ conditions. a. Neutral b. Equitable c. Laboratory d. Transparent

The last semester of his senior year, Marc had an unpaid internship in the sales department of a local TV station. When Marc left, he took a copy of the station's client list with him, reasoning that it would prove useful in the future when he graduated and got a permanent job at some other company in sales. Has Marc violated any agency duties? a. No, it was an unpaid position so he had no agency duties. b. No, Marc's duties to the TV station ended when his agency relationship ended. c. Yes, Marc violated a duty to protect confidential information d. Yes, Marc violated a duty not to be negligent

Tim is the delivery person for a small local bakery. Tim often accepts payments from the bakery's customers when making his deliveries. Tim puts the payments that made by check in an envelope. He uses the cash payments to pay for his daily personal expenses. At the end of each week, he makes out a check to the bakery for the amount that he took in as cash payments. Has Tim breached any of his fiduciary duties as an agent? a. Yes, the duty not to be negligent b. Yes, the duty to account c. Yes, the duty of loyalty d. No, so long as he keeps careful accounts and gives the bakery all that it is due

To be eligible for Chapter 13, the debtors secured debts cannot exceed a. 336900 b. 545900 c. 1010650 d. 3200000

To be entitled to the protections of the Family and Medical Leave Act, the employee must have worked for the employer for ____ months and the employer must have ____ employees. a. 24, 200 b. 18, 50 c. 12, 50 d. 12, 10

To determine if a preferential transfer has taken place, the debtor is presumed to be insolvent for a period of ____ days prior to filing the bankruptcy petition. a. 30 b. 60 c. 90 d. 120

Tucker hired SoClean, a house washing service, to power wash his house and deck. SoClean's status of that of a (n) ________________________. a. Factor b. Special agent c. Independent contractor d. Proprietor

Under Regulation Z, when a credit card is lost or stolen, the credit card holder's liability for unauthorized charges is limited to ____. a. 100 b. 25 c. 50 d. Unlimited

What is the agency, created by Congress, to administer the provisions of Title VII that deals with discrimination in the workplace? a. National Labor Relations Board b. President's Commission on Workplace Opportunity c. Equal Employment Opportunity Commission d. Employment and Labor Relations Commission

What is the federal statute that prohibits employers from paying employees of one gender less than employees of another gender for doing substantially equal work? a. Bona Fide Qualifications Act b. Lanham Act c. Equal Pay Act d. Gender Equity Act

What is the legal doctrine that allows an employee to quit at any time for any reason and an employer to fire an employee at any time for any reason? a. Freedom of contract b. Free market economics c. Employment at will d. Caveat Emptor

When a principal decides to adopt and be bound on a contract that his agent did NOT have the authority to form, the principal _______________ the contract. a. Indemnifies b. Reforms c. Ratifies d. Restores

When a third party knows that an agent is acting on behalf of a principal, but does not know the identity of the principal, the principal is________________. a. disclosed b. undisclosed c. partially disclosed d. transparent

When will a principal not have a duty to reimburse and agent? a. When the principal is disclosed b. When the principal is undisclosed c. When the expenses were the result of the agent's negligence d. When the expenses are for food or travel

When workers protest a management policy by refusing voluntary overtime and arranging for selected workers to call in sick, they are engaging in a ______. a. Strike b. Lockout c. Job action d. Boycott

Whether or not a principal has, through his actions, ratified a contract is a question of _________to be decided by the _________. a. Fact, judge b. Law, judge c. Fact, jury d. Law, jury

Whether or not a servant was acting in the scope of his employment when he injured a third party is a question of __________ to be decided by the ______. a. Fact, judge b. Law, judge c. Fact, jury d. Law, jury

Which agency has broad powers to conduct research on the safety of consumer products, set safety standards for products, and recall products that are unsafe? a. The Care of Children Commission b. Health and Love Agency c. The Consumer Product Safety Commission d. The Interstate Commerce Commission

Which federal statute regulates minimum wages, overtime, and the employment of minors? a. Employee Retirement Income Security Act b. The National Labor Relations Act c. The Fair Labor Standards Act d. The Taft-Hartley Act

Which legal rule will not impose punitive damages on a master for the torts of his servants unless the master himself took some part in the wrongful action? a. Vicarious liability rule b. Durham rule c. Complicity rule d. Transferred liability rule

Which of the following is not a duty of the principal to the agent? a. The duty to reimburse b. The duty to indemnify c. The duty to obey instructions d. The duty to compensate

Which of the following is not a requirement for advertising to be deceptive? a. It must contain a material misrepresentation or omission b. The misrepresentation or omission must be made with the intent to defraud c. The misrepresentation or omission is likely to mislead a customer. d. The misrepresentation or omission would mislead a reasonable customer.

Which of the following statements about employer-funded pensions and health benefit plans is true? a. Employers are required by federal law to provide health insurance for their employees b. Employers are required by federal law to provide pension plans for their employees c. Employer pension plans are subject to numerous federal reporting and disclosure laws d. Both A and B

Which of the following statements about the Employee Retirement Income Security Act (ERISA) is true? a. ERISA requires that all employers with fifteen or more employees provide an employer pension plan. b. ERISA requires that all employers with fifteen or more employees provide a health care plan. c. ERISA sets standards for employer sponsored pension plans and requires periodic and detailed disclosures about the pension's funding and inv d. A and C only

Which of the following workers is covered by the Fair Labor Standards Act's wage and hour requirements? a. A child actor while making a movie (child actor excluded) b. The CEO of Ford Motor Company (executive excluded) c. An assembly line worker in a Ford Motor Company Plant d. The sales representative of a pharmaceutical company whose territory covers three states (certain types of outside sales excluded)

Why do workers' compensation laws benefit employers? a. Employees can choose to opt in or to opt out of the program b. The insurance premiums that employers pay are very low c. Employees cannot sue their employers for negligence even if the employer's negligence cause the injuries d. Employees cannot sue the employer for intentionally causing the workplace injuries

A bona fide occupational qualification cannot be used as a defense in claims of discrimination based on race or color. True False

true

A consumer who does not complete the required consumer credit counseling course will not be given a discharge under Chapter 13. True False

true

A join bankruptcy filing concerning a husband and wife requires a filing of only one petition. True False

true

A master can normally avoid liability for damages caused by a servant if he can show that the servant misunderstood his instructions true false

true

A minor may act as an agent for an adult principal true false

true

A person who enters into a contract with an independent contractor is called a proprietor. true false

true

A plaintiff who sues the employer and the employee in joint and several liability is limited to only one recovery true false

true

An agent's knowledge is imputed to the principal true false

true

An employer who fires an at will employee in a public and humiliating manner may be liable to the employee for intentional infliction of emotional distress. True False

true

Both physical and mental impairments are included under the Americans with Disabilities Act's definition of a disability. True False

true

Congress has enacted legislation aimed at the protection of current and prospective debtors. True False

true

Consumers have the right to dispute information that is contained in their credit reports True False

true

Creditors must receive as much in a Chapter 11 reorganization plan as they would receive in a Chapter 7 liquidation. True False

true

Creditors who petition a debtor into bankruptcy may be required to post a bond. True False

true

Employers have a duty under Title VII to reasonably accommodate the religious practices of their employees. True False

true

Employers who violate OSHA regulations are subject to fines and, if the violations are willful, imprisonment. True False

true

Exempt property is subject to being used even after bankruptcy to pay debts for child support and alimony. True False

true

Featherbedding is an illegal activity in which unions force employers to hire more employees that necessary. True false

true

Following a complaint to the EEOC, Morgan was denied a promotion for which he was qualified. The denial is an example of retaliation that is prohibited by Title VII. True False

true

If a principal ratifies the unauthorized act of an agent, he releases the agent from any liability for the unauthorized act. True False

true

If a principal wishes to ratify a contract that an agent was not authorized to negotiate, he must do so before the third party withdraws from the contract. true false

true

If an agent gets a monthly advance against future commissions, the advances are treated as a minimum salary and need not be return if the commissions on sales are not earned True False

true

If the agent dies, the agency agreement terminates by operation of law. True False

true

In Chapter 7 bankruptcy cases, certain debts of the debtor will not be discharged

true

In a Chapter 13 proceeding, the rights of a bank which holds a home mortgage may not be modified. True False

true

In a multiple listing agreement, real estate is listed with several brokers who divide the commission on the sale true false

true

It is illegal to retaliate against an employee for filing a complaint with the EEOC. True False

true

It is only within the last eighty years or so that the federal government and the states have enacted laws protecting employment rights and workplace safety. True False

true

Most states allow employers to require job applicants and employees to undergo alcohol and drug tests. True False

true

Much consumer protection legislation is designed to give consumers as much information as is practicable about the products they buy and the sales and credit transactions they enter into. True False

true

No federal law addresses workplace bullying as a form of discrimination True False

true

Normally a master is not liable for torts committed by a servant while traveling from his home to the workplace true false

true

One typical example of a closed-end credit transaction is where a purchaser obtains a loan of money from a bank to purchase a car. True False

true

Only contract damages are available to a successful plaintiff who proves wrongful termination based on the good cause exception to the employment at will doctrine True False

true

Only someone in a supervisory capacity can be liable for quid pro quo sexual harassment. True False

true

Property held in trust for the benefit of the debtor under a spendthrift trust does not become a part of the bankruptcy estate. True False

true

Property inherited by the debtor within 180 days of the bankruptcy petition date becomes property of the bankruptcy estate. True False

true

Respondeat superior is a form of vicarious liability true false

true

States decide whether or not debtor residents may use the federal bankruptcy exemptions True False

true

The Americans with Disabilities Act applies only to employers who have fifteen or more employees. True False

true

The Americans with Disabilities Act prevents employers from requiring that job applicants or employees undergo medical tests as a condition of employment. True False

true

The CFPB has sole jurisdiction to write new regulations on the consumer financial protection laws written by Congress. True False

true

The FTC is given wide discretion by the courts in determining when advertising is deceptive True False

true

The FTC regulates deceptive advertising on Web pages as well as on television and in the print media. True False

true

The Occupational Safety and Health Act imposes on employers both a general duty to provide a safe work place and specific duties that are tailored to the employers' particular industries. True False

true

The Truth in Lending Act applies only to consumer credit transactions and consumer leasing. True False

true

The automatic stay is designed to protect the debtor and the creditor in a bankruptcy proceeding. True False

true

The basic purpose of bankruptcy is to allow a debtor in a difficult financial situation a fresh financial start. True False

true

The bona fide occupational qualification defense may be used in claims arising under the Age Discrimination Employment Act. True False

true

The courts allow sexual harassment claims for both same sex and opposite sex harassment. True False

true

The good cause exception to employment at will arises during the course of a worker's employment based on the way the employer evaluates rewards and disciplines the employee True False

true

The good cause exception to employment at will is based on the conduct of the parties, especially on the conduct of the employer, during the years of employment. True False

true

The secret formula for a soft drink is an example of a trade secret. True False

true

Title VII makes it illegal for an employer to sexually harass an employee in the workplace. True False

true

To collect state unemployment insurance, a worker must be actively seeking a replacement job that is appropriate for someone with his skills, education and work history. True False

true

the poison product packaging act of 1970 requires that certain products have child proof caps and packaging true false

BUL3310 Exam 3 - BAILEY

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