BUS LAW 3

Byron runs a business cleaning gutters. Lance, who is in a wheelchair, applies for a job working for Byron as a cleaner. Byron does not hire Lance and is very frank about the reason: Lance's disability. If Lance sues Byron, a. Byron will win, if he can show that being able to climb a ladder is a requirement of the position. b. Byron will win, because Lance is not qualified as disabled under the ADA. c. Lance will win, because this is clearly disability discrimination. d. Lance will win, because Byron does not have any possible defenses.

a. Byron will win, if he can show that being able to climb a ladder is a requirement of the position.

Byron works at Stitch-Rite Clothing Factory. The company is required to maintain safe working conditions under the: a. Occupational Safety and Health Act. b. Hazardous Workplace Act. c. Safety and Health Organization Act. d. Occupational Health Act.

a. Occupational Safety and Health Act.

Ashley is an eighteen-year-old clerk in a store that sells bird seed. She earns minimum wage. Her boss, Trina, often expects her to stay and work as many as three hours longer than her scheduled shift. Trina never pays Ashley for these hours. Ashley is: a. entitled not only to be paid for the additional time, but also to be paid overtime if she works more than forty hours in a week. b. entitled to be paid overtime for all the time she works beyond her scheduled hours. c. entitled to be paid minimum wage for the additional hours, and she cannot work more than forty hours in a week. d. not entitled to be paid for any time she chooses to stay beyond her scheduled hours.

a. entitled not only to be paid for the additional time, but also to be paid overtime if she works more than forty hours in a week.

Adam owns a private company and has significant concerns about employees shopping and accessing pornography while at work, so he buys some filtering software that blocks shopping and pornography websites. Adam: a. is within his rights to do this. b. is violating the First Amendment rights of his employees. c. is violating federal privacy laws. d. is violating the state free access laws.

a. is within his rights to do this

Quick Dry, a dry-cleaning firm, wants to hire Javier Guitterez as an employee. Under immigration laws, which of the following would not be sufficient to verify Javier's eligibility to work in the United States? a. A U.S. birth certificate. b. A U.S. passport. c. A permanent resident card. d. A driver's license.

d. A driver's license.

Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate's tooth. Nate may bring a lawsuit against Ethan: a. for assault only. b. for assault and battery. c. for battery only. d. only if Nate can prove Ethan's motive.

for assault and battery.

Stephanie stands in front of her home with a bullhorn shouting that her new neighbor, Kyle, has just been released from prison for child molestation. Stephanie knows this statement is false. Under what legal theory may Kyle recover damages from Stephanie? a. libel b. appropriation c. fraud d. slander per se

slander per se

Modern Railways Co. operates a cargo railroad service between New York and Boston. A train owned by Modern Railways derails due to a rare maintenance problem. The train collides with a delivery truck owned by CraftCo, shattering $100,000 worth of porcelain inside. If CraftCo sues Modern Railways Co. for negligence, CraftCo may be able to recover: a. special damages. b. general damages. c. punitive damages. d. singular damages.

special damages.

David's family purchased a trampoline in 2000. They sold the trampoline at a garage sale in 2010 to Zac's family. In 2012, Zac is injured while jumping on the trampoline when it collapses. If Zac's family sues the trampoline manufacturer in 2013, their lawsuit will likely be dismissed based on the: a. statute of limitations. b. statute of repose. c. no privity of contract. d. product misuse.

statute of repose.

Doug obtains permission to be on Nathan's land for one day to hold a four-wheeling event. Doug's truck breaks down, and instead of removing it, he leaves it on Nathan's property for several days after the event. Doug has most likely committed: a. trespass to land. b. trespass to personal property. c. trespass, but he has a complete defense. d. no tort.

trespass to land.

Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's airbags deploy, and both Sarah and Baylee are shaken up but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be: a. successful, because Baylee owed Sarah a duty of care. b. successful, because Baylee was negligent. c. unsuccessful, because Sarah was not injured. d. unsuccessful, because Sarah was also negligent.

unsuccessful, because Sarah was not injured

Carl sues Goldman Manufacturing, alleging he suffered injuries as a result of a design defect in Goldman's food processor. To prevail in this lawsuit, Carl must show that Goldman: a. failed to adequately warn him of the danger of harm. b. had a reasonable alternative design available, which it failed to use. c. met his consumer expectations and that his injury was unintended. d. met the relevant statute of limitations or repose.

. had a reasonable alternative design available, which it failed to use.

Harvey is driving while intoxicated in his new truck when his tire blows out. He loses control of the truck and crashes into a tree, causing injury to himself and to his vehicle. The tire is determined to be defective. Which of the following defenses would be the most viable to be raised by the tire manufacturer in a product liability cause of action? a. Product misuse b. Preemption c. Comparative negligence d. Assumption of the risk

Comparative negligence

United Tires uses a faulty design in designing its tires that causes them to blow out after 50,000 miles. Jessa is injured when her right-rear tire incurs a blowout. She can sue United Tires under which of the following theories of strict liability? a. Design defect b. Manufacturing defect c. Unreasonably dangerous product d. Market-share liability

Design defect

Emily, while driving a car manufactured by Toyosan, suffered a side impact collision from another driver. When Toyosan's air bag deployed, it caused damage to Emily's face and teeth as she hit her head against the steering wheel. If Emily sued Toyosan for strict product liability, the court would likely conclude that: a. Toyosan's air bag did not have a defective product design. b. Toyosan's air bag was defective because of the consumer-expectations test. c. Emily misused the product in driving the car.

Toyosan's air bag was defective because of the consumer-expectations test.

Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church: a. may assert a bona fide occupational qualification (BFOQ) defense. b. can claim that Mohammed did not make out a prima facie case of illegal discrimination. c. can assert that its hiring practices are not intentionally discriminatory. d. can contend that the EEOC's "80 percent rule" is irrelevant when there is only one available job.

a. may assert a bona fide occupational qualification (BFOQ) defense.

Carter University has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy may violate which clause of the U.S. Constitution? a. the equal protection clause. b. the establishment clause. c. the advancement clause. d. the access to education clause.

a. the equal protection clause

When Kimberly begins working for Pharmco Industries, the company tells her that at a future date, after so many years of employment with the company, she can receive retirement pay. Her rights on that date to receive pay upon retirement would be considered: a. vested. b. accrued. c. sheltered. d. inferred.

a. vested.

Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for: a. conversion. b. defamation. c. appropriation. d. wrongful interference with a business relationship.

appropriation.

Kay runs a business with a target customer population of twenty- to forty-five-year-olds. Because she wants her employees to be "in tune" with the younger crowd, she requires all of her front staff to quit or retire from her company at the age of fifty. This: a. is not a violation of any federal laws. b. violates the Age Discrimination in Employment Act. c. violates the Americans with Disabilities Act, because it appears she is trying to avoid paying insurance for those who are most likely to become disabled. d. violates Title VII of the Civil Rights Act

b. violates the Age Discrimination in Employment Act.

Marta needs an electrician to do some work at her home. Her father advises her to make sure that the firm she plans to hire is not a closed shop. Marta is not sure what this means, but later learns that the "closed shop" that her father was referring to is: a. a place of employment in which most of the workers are union members. b. a firm that requires union membership by its workers as a condition of employment. c. a firm that keeps its doors closed to union members. d. a firm that prohibits any efforts to introduce a union among its employees.

b. a firm that requires union membership by its workers as a condition of employment.

Catherine works for BluCorp, which has an employee handbook stating that employees will be terminated for good cause. Catherine's manager fires her one morning and when asked the reason, states that he does not need a reason since they live in a state that has employment at will. If Catherine wins her lawsuit against BluCorp, it is because of the: a. public policy exception to employment at will. b. contract exception to employment at will. c. tort exception to employment at will. d. illegal termination statute.

b. contract exception to employment at will.

Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of: a. direct-treatment discrimination. b. disparate-treatment discrimination. c. primary-treatment discrimination. d. disparate-impact discrimination.

b. disparate-treatment discrimination.

Erin works for a dry-cleaning company that has a contract with the U.S. government. To save on cleaning fluid, her boss orders her to wash some dry clean-only clothes in a washing machine. When the courier hired to pick up the cleaned garments arrives, Erin tells him about her boss's actions. Erin tells no one else about what is going on and is later fired. Erin: a. is protected by the whistleblower statute in her state, because she spoke up about her employer's actions. b. is not protected by the whistleblower statute, because she failed to inform the proper party of the contract violation. c. is not protected by the state whistleblower statute. It does not apply, because the contract was with the federal government. d. will be reinstated to her former job, because when she told the courier of the problem, she was merely exercising her First Amendment right to free speech.

b. is not protected by the whistleblower statute, because she failed to inform the proper party of the contract violation.

Rhonda is not hired for her dream position and believes that she is the victim of gender discrimination. She is angry and wants to file a lawsuit immediately in the closest courthouse she can find. Rhonda: a. can file a suit in any court she chooses. b. must first file a complaint with the EEOC. c. must first file a complaint with the Employment Nondiscrimination Office (ENO). d. can file a suit, but it must be in federal court and not the nearest court she can find.

b. must first file a complaint with the EEOC.

Ralph was considering hiring George to work in his grocery store as a shelf stocker. To ensure that George is a citizen or permitted to work in the United States, Ralph should ask George to complete the following document: a. A W-2 income tax form. b. An I-9 Employment Eligibility Verification form. c. A Social Security card application form. d. A written job application form.

b. protecting employees' right to strike.

Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as: a. hostile-environment harassment. b. quid pro quo harassment. c. settled harassment. d. invidious harassment.

b. quid pro quo harassment.

Josh works for a federal governmental agency that requires drug testing as a condition of employment. He wants to challenge the constitutionality of the testing in court. For his case, Josh will attempt to rely on: a. the Second Amendment. b. the Fourth Amendment. c. the Eighth Amendment. d. the Thirteenth Amendment

b. the Fourth Amendment.

Norm worked as a sales person for his firm. When he turned fifty, the office had a party for him. His boss made a lot of jokes about Norm getting too old to keep up with the younger staff. Those comments continued past the party for several months. Norm was fired six months later. When he filed a complaint for age discrimination, the boss defended his actions by saying Norm was fired for not meeting sales quotas. Norm had missed his quota for only one month, and he provided evidence that younger employees who had missed up to three months of the quotas were not terminated. Norm is attempting to show that: a. age was one of the motivating factors for his termination. b. the employer's defense was a pretext. c. the employer engages in Title VII discrimination. d. he suffered an adverse employment action.

b. the employer's defense was a pretext

Kurt is 52 years old and, until recently, worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer, because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he: a. was qualified for the job he lost. b. was replaced by someone younger than 40 years old. c. was discharged in a way that creates an inference of discrimination. d. is a member of the protected age group.

b. was replaced by someone younger than 40 years old.

Rheingold Supply has a seniority system by which employees who have worked the longest are first in line for promotions and last to be laid off. As a result, most of the senior managers at Rheingold Supply are men. If Jane files a claim of illegal discrimination, Rheingold Supply: a. will have a legitimate defense, because gender is a bona fide occupational qualification for senior management. b. will have a legitimate defense, because Rheingold Supply has a seniority system in place. c. will have a legitimate defense, because retaining men in top management positions is a business necessity. d. will be in violation of Title VII of the Civil Rights Act.

b. will have a legitimate defense, because Rheingold Supply has a seniority system in place.

James was a thirty-eight-year-old man in good health. One of his hands shook slightly for no apparent reason. The doctors could not find a medical cause for it. James's employer worried about the potential for early-onset Parkinson's disease or another neurological disorder, so he fired James. Under the ADA: a. James is not disabled and so cannot bring a claim. b. James must wait to get a diagnosis before he can bring a claim. c. James can bring a claim as being "regarded" as having a disability. d. James must show some record of the disability to bring a claim.

c. James can bring a claim as being "regarded" as having a disability.

Melanie and Beau both work in comparable jobs at Technology Impact, Inc. Melanie is paid 15 percent less than Beau. Which of the following is not a legitimate defense to this pay inequality? a. The company has a merit system in place, and Beau has performed better at his job than Melanie has at hers. b. The company has a seniority system, and Beau has been with the company longer than Melanie. c. The company pays Melanie less, because she has a husband who is a highly successful businessperson. d. The company pays according to production, and Beau produces more.

c. The company pays Melanie less, because she has a husband who is a highly successful businessperson.

Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer: a. might be engaged in disparate-harm discrimination. b. might have violated the Americans with Disabilities Act (ADA). c. might be engaged in disparate-impact discrimination. d. has almost certainly done nothing wrong.

c. might be engaged in disparate-impact discrimination.

Melissa works as a computer data-entry operator at VeraSign. Melissa informs VeraSign that she was just diagnosed with carpal tunnel syndrome, which causes pain in her wrists, rendering her unable to use a keyboard. Melissa requests as an accommodation that VeraSign hire a data-entry employee to enter the information on her behalf. VeraSign refuses to do so. VeraSign has: a. violated the ADA, because it discriminated against an employee with a disability. b. violated the ADA, because it failed to provide a reasonable accommodation. c. not violated the ADA, because the requested accommodation is an undue hardship on the employer. d. not violated the ADA, because modifying computer technology is not a covered protection.

c. not violated the ADA, because the requested accommodation is an undue hardship on the employer.

Wally is blind and would like to work for Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated: a. the ADEA. b. 42 U.S.C. Section 1981. c. the ADA. d. the NRA.

c. the ADA.

Choice is the largest employer in the Pacific Northwest. It is covered by numerous federal employment laws. As such, it is required by the Family and Medical Leave Act of 1993 to provide employees with up to a. five weeks of unpaid family or medical leave during any twelve-month period. b. ten weeks of unpaid family or medical leave during any twelve-month period. c. twelve weeks of unpaid family or medical leave during any twelve-month period. d. twenty-four weeks of unpaid family or medical leave during any twelve-month period.

c. twelve weeks of unpaid family or medical leave during any twelve-month period.

When the timber industry in Montana experiences an economic slump, Superior Logging Co. is forced to lay off a number of its employees, including Larry Kurzyniec. Larry, who had been logging for over eighteen years, suffers from heart disease, high blood pressure, and diabetes. His wife is worried that the family's health-insurance coverage, which is through Superior Logging, will be canceled. Larry learns that he has a right to extend his insurance benefits, however, if he pays the premiums under: a. HIPAA. b. FUTA. c. FICA. d. COBRA.

d. COBRA.

Michael creates a new company and wants to attract quality employees, so he establishes a retirement plan. The law regulating this activity is: a. CERCLA. b. UNESCO. c. the Social Security Act. d. ERISA.

d. ERISA.

John purchases a blender from JuiceMart. A crack in the plastic casing causes the blade to swing out of control and nearly injure John's arm. John is shaken up by the incident but otherwise uninjured. John's strict product liability suit will most likely: a. fail, because John did not incur physical harm to self or property. b. fail, because the blender was not in a defective condition. c. succeed, because JuiceMart was in the business of selling that product. d. succeed, because the blender was not substantially changed from the time the product was sold to the time the injury was sustained.

fail, because John did not incur physical harm to self or property. [John was not injured as a result of use or consumption of the product.]

Fred sued Document Security Company, alleging he had suffered injuries to his hands as a result of attempting to fix a jam in one of Document Security's paper shredders. Fred alleged the shredder was defective because it failed to contain warnings regarding the dangers to fingers and hands while attempting to fix jams. To succeed on a strict liability claim, Fred will have to show: a. all risk of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller. b. paper shredders are inherently dangerous products. c. the injuries would not have occurred but for the absence of the warnings. d. foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller.

foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller.

Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for: a. infliction of emotional distress. b. libel. c. violations of the First Amendment. d. battery.

infliction of emotional distress.

Harry discovers that a chemical compound has had an adverse impact on his land. The chemical compound is manufactured by five companies. Harry cannot identify which manufacturer's chemical caused the adverse impact to his land. Harry files a product liability lawsuit against all five companies. Harry's case will: a. be dismissed, because he cannot identify which company contaminated his land. b. be dismissed, because he cannot apportion liability amongst the five companies. c. not be dismissed, because Harry can show harm to his land. d. not be dismissed against any manufacturer, because of market-share liability.

not be dismissed against any manufacturer, because of market-share liability.

Wilhelm has an argument with his apartment roommate, Arthur. Wilhelm tells Arthur that if he leaves their apartment, Wilhelm will lock Arthur in his room when he returns. Arthur, frustrated with Wilhelm, leaves the apartment to take a walk. If Arthur were to sue Wilhelm for false imprisonment, Arthur would most likely: a. not be successful, because Wilhelm is his roommate. b. be successful, because Arthur suffered emotional distress. c. be successful, because Wilhelm committed false imprisonment. d. not be successful, because threats of future harm do not constitute false imprisonment.

not be successful, because threats of future harm do not constitute false imprisonment. Hide Feedback Incorrect

With his parents' permission, David, a ten-year-old, purchased a plastic snow sled from Kmart. He went sledding, lost control, hit a tree, and was injured. David's parents filed a negligence lawsuit in a state court against Kmart, alleging that the store should not have sold this type of sled because it was difficult to steer and had no brakes, making it unreasonably dangerous. Kmart contended that sledding is an inherently dangerous activity and that David assumed the risks involved when he went sledding. The court probably found that Kmart was: a. not liable, because David's injuries were unforeseeable. b. not liable, because David and his parents assumed the risks of sledding. c. liable, because David did not know the risks of sledding. d. liable, because sledding is unreasonable.

not liable, because David and his parents assumed the risks of sledding.

Melissa's tugboat accidentally collides with Tyler's yacht, and Tyler sues Melissa for negligence. A federal jury finds Melissa liable and awards Tyler $5,000 in compensatory damages and $50 million in punitive damages. Melissa appeals to the United States Supreme Court challenging the punitive damage award. If the court heard the case, it would likely: a. uphold the damage award as serving a legitimate purpose. b. uphold the damage award as proportional to the harm. c. overturn the punitive damage award as grossly excessive. d. refuse to review the issue because the court cannot overturn jury awards.

overturn the punitive damage award as grossly excessive.

Mack is injured by a tractor manufactured by WestCo. In order to defend against a negligence claim based upon the product, WestCo may show that it exercised "due care" by all of the following except:

showing the absence of privity of contract between it and the consumer.

While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is: a. not the cause of Ethel's death. b. the superseding cause of Ethel's death. c. the proximate cause of Ethel's death. d. the causation in fact, but not the proximate cause, of Ethel's death.

the causation in fact, but not the proximate cause, of Ethel's death.

Martha is walking from her office building to her car in a torrential downpour with an umbrella manufactured by Umbrellas USA, Inc. She is struck by lightning and files suit claiming the manufacturer failed to include a warning. A court would likely find that: a. the umbrella should have included a warning label against using an umbrella in a lightning storm. b. the seller should have provided a warning because of the foreseeable misuse of an umbrella in a rainstorm with lightning. c. there is no duty to warn about risks that are obvious or commonly known, such as the risk of lightning occurring during a rainstorm. d. the plaintiff was partially at fault under the doctrine of comparative negligence.

there is no duty to warn about risks that are obvious or commonly known, such as the risk of lightning occurring during a rainstorm.