BUS LAW EXAM 1

A plaintiff must prove which two of the following to succeed in a design defect case? Choose 2 answers.

1. An alternative design was safer and available and the manufacturer did not use the alternative. 2. The failure to use a safer design was the cause of harm to the plaintiff.

What are three ways that state workers' compensation claims are funded? Choose 3 answers.

1. Employers pay into a state-run insurance plan, and claims are paid by the insurance. 2. Employers are self-insured and pay claims out of company funds. 3. Employers pay into a privately-run insurance plan, and claims are paid by the insurance.

Which of the following is a true statement concerning class action lawsuits? Choose 2 answers.

1. One party harmed by a company files a lawsuit on behalf of a large group of unnamed people who have been similarly harmed. 2. A class action saves judicial resources by providing a convenient and economical means for settling disputes involving a large number of possible plaintiffs.

What are the main provisions of the Immigration Reform and Control Act (IRCA) enacted in 1986? Choose 2 answers.

1. The IRCA made it illegal to hire, recruit, or refer for a fee someone not authorized to work in the United States. 2. The IRCA provided amnesty to certain groups of immigrants living illegally in the United States at the time.

A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers.

1. The manufacturer failed to adequately warn the consumer about the dangers of the product. 2. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect. 3. A less dangerous alternative was available but was not used by the manufacturer.

If an employee has proven an unfair pay disparity between males and females, what defenses may the employer use? Choose 3 answers.

1. The pay disparity is based on any factor other than gender. 2. The pay disparity is based on seniority, not gender. 3. The pay disparity is based on merit or output.

A worker's status as an employee or independent contractor affects: (Choose 3 answers.)

1. he business' liability for the worker's actions. 2. ownership of work created on the job. 3. the business' taxes.

The role of the Equal Employment Opportunity Commission (EEOC) is to: (Choose 3 answers.)

1. investigate charges of discrimination against employers. 2. file a lawsuit to protect the rights of individuals and the interests of the public. 3. fairly and accurately assess the allegations in a charge of discrimination and make a finding.

When is an agent liable on a contract that the agent entered into in the business of the agent's principal? Choose 3 answers.

1. when the agent is acting without authority 2. when the principal is undisclosed 3. if the agent entered into the contract in a personal capacity

Kevin is preparing his wife's favorite stir-fry dish for dinner. As Kevin is chopping the vegetables for the stir-fry, his hand slips and he cuts his hand on the sharp knife. Kevin's wife rushes him to the emergency room. Kevin receives twenty stitches because the cut is so deep. Kevin wants to sue the knife manufacturer for damages. Kevin claims that the knife was defective because it was unreasonably dangerous. If Kevin files a strict liability lawsuit against the knife manufacturer, he will:

lose, because a sharp knife is not unreasonably dangerous.

Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana's parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country's defense will probably:

not be successful, because Rihana did not assume the risk of the water ride collapsing.

The faculty at Hopeland University have always been predominantly white. Concerned that it may be discriminating against potential nonwhite faculty members, Hopeland institutes an affirmative action program that provides that fifty percent of any new faculty positions at the university will be reserved for nonwhite applicants. Clara, who is white, applies for a faculty position at Hopeland. The position is given to a black applicant, even though Clara has more teaching experience and higher educational credentials. When Clara challenges the hiring decision by claiming that the Hopeland University affirmative action program violates the Equal Protection Clause of the Fourteenth Amendment:

she may be successful because the Hopeland University affirmative action program uses quotas.

Fernando is riding his Kawasaki motorcycle and the front wheel falls off. Fernando is severely injured, of course. Fernando hires a mechanic to look at the motorcycle. The mechanic discovers that the bolt that holds the front tire in place had broken in half because it was not thick enough, and this is what caused the tire to fall off. The mechanic explained that using a thicker bolt would only have cost a few dollars more! Fernando sues Kawasaki for his injuries, claiming that Kawasaki had used a defective design in manufacturing its motorcycle. To be successful in his defective design product liability lawsuit, Fernando must prove:

that a reasonable alternative design was available, and that as a result of the failure of Kawasaki to adopt the alternative design, the product was not reasonably safe.

Maya is an undocumented alien. She wants to provide her family with a good life in the United States, so she moves to a small town in West Virginia with her two daughters, Anita and Luisa. When school starts, she goes to the local elementary school to register the children. The principal of the school denies her request to enroll the children in school based on a West Virginia statute that authorizes school districts to deny enrollment to undocumented aliens. The principal's action in denying access to an education for the two children based on their status as undocumented aliens:

violates the Equal Protection Clause of the Fourteenth Amendment.

Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:

what a reasonable person would have done under the circumstances.

Fritz applies for a job as a waiter at Mexico Cantina. Three positions are available, but he is not hired for any of them. Fritz inquires about his application and is informed by the restaurant manager that they could not hire him because he is not Hispanic. Fritz is told that Mexico Cantina wants its patrons to experience an authentic Mexican dining event in its restaurant, so Mexico Cantina will only hire female Mexican wait staff, who are then required to dress in traditional Mexican outfits. Fritz sues for employment discrimination, claiming that Mexico Cantina discriminated against him because he is not Hispanic. Mexico Cantina responds to the lawsuit by claiming that being female and Hispanic are bona fide occupational qualifications (BFOQ). Fritz will probably:

win the lawsuit because race is not a bona fide occupational qualification.

When a defendant faces a negligence lawsuit, what defenses are available? Choose 3 answers.

1. assumption of risk 2. comparative fault 3. contributory negligence

Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.

1. punitive damages 2. compensatory damages

Constructive Discharge

A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave.

Bona Fide Occupational Qualification (BFOQ)

An identifiable characteristic reasonably necessary to the normal operation of a particular business.

Intentional Torts

Defamation; False imprisonment; Intentional infliction of emotional distress; battery; assault

Negligence

Failure to exercise the standard of care that a reasonable person would exercise in similar circumstances (also known as the "reasonable person" standard).

Strict Liability Torts

Product Liability; ultrahazardous activities

Copyright

The exclusive right of an author or originator of a literary or artistic production to publish, print, sell, or otherwise use that production for a statutory period. Protects the way an idea is expressed, but not the idea itself.

What does the reasonable person standard impose on a person in a negligence lawsuit?

a duty to act as a reasonable person would in the same circumstances

Which of the following types of intellectual property may only be owned by a business?

a trade secret

Which act is violated if an employer refuses to provide health insurance to females due to the cost of pregnancies?

the Equal Pay Act

At the federal level, the primary legislation that protects workers from dangerous conditions on the job is:

the Occupational Safety and Health Act (OSHA).

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is:

to bring copyright laws into the digital age by regulating digital media copyright infringement.

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a:

trademark.

What rights do both general partners and limited partners share? Choose 2 answers.

1. Both general and limited partners may inspect the partnership records and books. 2. Both general and limited partners share in the profits of the business.

If a consumer is injured by a defective product, which of the following types of claims may the consumer bring? (Select two)

1. Negligence 2. Strict Liability

What are the fiduciary duties of an agent to her principal? Choose 3 answers.

1. obedience 2. accounting 3. loyalty

The Equal Pay Act forbids: (Choose 3 answers.)

1. paying one gender a different amount for the same work. 2. refusing to pay or issue pension benefits due to the employee's gender. 3. denying an employee insurance or other benefits based on gender.

Tort law provides a civil remedy for violations of which of the following protected interests? Choose 3 answers.

1. personal or business reputation 2. the destruction of or damage to property 3. personal and physical safety

Which of the following tests may be used by a court in a design defect case? Choose 2 answers.

1. risk-utility analysis 2. consumer expectation test

Which posters does the Occupational Safety and Health Act (OSHA) require most businesses to display? Choose 3 answers.

1. the "Fair Labor Standards Act" poster 2.the "Family and Medical Leave Act" poster 3. the "Job Safety and Health Protection" poster

Trade Secret

A formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace.

Which of the following is the most important distinction between employee status and independent contractor status?

An independent contractor controls the details of his or her day-to-day work activities.

Which international agreement requires its member countries to establish border procedures for searching international shipments of goods?

Anti-Counterfeiting Trade Agreement

Trademark

Any distinctive word, symbol, or design that a business uses to identify itself as the source of its products or services and to distinguish them from those made or sold by others.

The earliest international agreement that provided copyright protections among the signatories to the agreement was the:

Berne Convention.

Disparate Impact

Discrimination that occurs when an employer's practices or procedures have an adverse impact that disproportionately affects members of a protected class, even though the intent of those practices or procedures may be nondiscriminatory.

Who can terminate an agency relationship?

Either the agent or the principal may terminate.

Bill and Mark have lived together for twenty years, and they finally decide to get married. Three days after their marriage, Bill returns to his job at Hometown Furnishings. When his supervisor finds out that Bill has just gotten married to a man, she immediately fires Bill. Bill is devastated; he has worked for Hometown Furnishings for five years and never had an issue of any kind. The next day, Bill and Mark go to see an attorney to discuss Bill's options. The attorney will likely advise Bill that:

Hometown Furnishings firing him because he is gay violates the Civil Rights Act of 1964.

Principal

In an agency relationship, the person for whom an agent is acting.

Proximate Cause

Legal determination that the connection between an act or omission and a resulting injury (causation in fact) is strong enough to impose liability.

Independent Contractor

Someone hired to perform work under a contract while retaining control over the means and methods by which the work is accomplished. The person who hires the worker expects to pay for the completed work but has no control over how the worker gets it done.

What is required to form an agency relationship?

The agent and principal must agree to enter the relationship.

Which of the following describes a product with a defective condition?

The product is not reasonably fit for its ordinary and intended use.

George gave Maxwell a friendly slap on the back, not knowing that Maxwell was drinking coffee. The slap frightened Maxwell and he choked on the coffee. Have all the elements of battery been met?

Yes, because the slap was intentional and non-consensual, and Maxwell was harmed.

Isaiah wants to build a new shopping complex. He is afraid that once news gets out about his plans, the price of the land where he wants to build the shopping complex will increase in price. Isaiah, therefore, hires Landon to purchase the parcels of land for him and to keep the fact that Landon is working for Isaiah a secret. Landon enters into a written contract for the sale of the land with Miriam and does not tell Miriam that Landon is an agent for anyone else on the deal. Isaiah refuses to buy the property from Miriam. Is Landon obligated to perform the contract with Miriam?

Yes, he is because there was an undisclosed principal who failed to perform.

Is a principal under a duty to compensate an agent who works on the principal's behalf?

Yes, if the contract requires compensation.

Gerald has been a sales representative for Goldsmith's Department Store for the past five years. When Gerald was hired, the general manager told Gerald that he would have a job there as long as he made $3,000 in sales each month. Every month, Gerald has exceeded that level in sales, so he is surprised when his supervisor calls him into the office and fires him. Gerald tells the supervisor about the promise from the general manager not to fire him as long as his sales were $3,000 each month. The supervisor responds by telling Gerald that the law in this state is employment at will, so he can fire him at any time for any reason. If Gerald sues Goldsmith's for wrongful termination, he will likely:

be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level.

Who is liable to third parties for damage caused by an agent's tortious conduct if the principal had directed the agent to take that action?

both the agent and the principal

Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe's friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital "product" to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has:

committed copyright infringement because her actions are not permissible under the first sale doctrine.

The Civil Rights Act of 1964 applies to:

companies with 15 or more employees.

Which of the following defenses to negligence is used to assign liability proportionately to the level of harm from each party's own conduct?

comparative fault

For an original work of authorship, such as a book, song, poem, article, recording, or other work, an author would seek the protection of a:

copyright.

A business will be able to protect its trademark for how long?

if unregistered, as long as it is in use

The system in which an employer pays her employees an amount based on how well they do their jobs, regardless of gender, is called:

merit.

When a plaintiff in a strict liability lawsuit has used a product in a way that is not intended or that the defendant could not have reasonably foreseen, the defendant may assert which defense?

misuse or abuse of a product

If harm is done by an agent, and it is discovered that this agent has been convicted of the same harm before at a previous job, what might a principal be liable for?

negligent hiring

Which of the following types of intellectual property protection usually has a set term of 20 years?

patent

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection?

patent protection

Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic that they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and so Monica will be the only one who can sell it. Monica likes the idea of making a lot of money by selling her cleaning solution, but she does not want to give up her secret ingredient. If Monica applies for and receives a patent on the cleaning solution:

she must reveal the formula, but has the sole right to produce and sell it for twenty years.

What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge?

state-of-the-art defense

Myra purchases an electric can opener from her neighbor's yard sale. That evening, as Myra is using the can opener for the first time, it explodes, sending shards of plastic and metal into Myra's face and eyes. Myra wants to file a product liability lawsuit because the can opener was defective and caused her injury. If Myra files the lawsuit, she can effectively sue:

the retailer who sold the can opener to Myra's neighbor and the manufacturer of the can opener.

Benjamin works for The Cabinet Maker, a large manufacturing plant that makes ready-to-hang cabinets for the kitchen and bath. Benjamin is running a table saw that cuts wood into strips to make a cabinet. As Benjamin loads wood onto the conveyer belt, he slips on the concrete floor and falls into the table saw. Benjamin's face and arms are severely injured by the table saw, and he is rushed to the hospital. Benjamin's injuries are so severe that he is admitted to the hospital for four days. The Cabinet Maker must file a report of Benjamin's work-related injury with the Occupational Safety and Health Administration (OSHA) within:

twenty-four hours.

How much time off does the Family and Medical Leave Act (FMLA) provide?

up to 12 weeks of unpaid time off

Apparent Authority

A principal can be liable for the acts of an agent who is not, in fact acting with authority if the principal's conduct causes a third party reasonably to believe that the agent has the authority to act.

Agent

In an agency relationship, one who acts on behalf of a principal.

Damages

Monetary compensation that is awarded by a court in a civil action to a party who has been injured through the wrongful conduct of another party.

Is a principal liable for the tortious actions of the principal's agent?

Yes, but the agent must reimburse the principal.

Liam is Neely's supervisor. During Neely's yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably:

not be successful if Liam's comments on Neely's written evaluation were made in good faith.

Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:

that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.

An author may expect to receive copyright protection for the life of the author plus:

70 years.

Patent

A property right granted by the federal government that gives inventors an exclusive right to make, use, sell, or offer to sell their inventions in the United States for a specified period, during which time no one else may make, use, sell or offer to sell the invention without the inventor's permission.

Ratification

If a principal accepts the benefit of an unauthorized transaction by an agent or fails to repudiate it, then the principal is bound by the act as if he or she had authorized it.

Duty

In the absence of any other legal relationship we may have with another person, common law tort imposes on everyone a duty of care; i.e. not to act in a way that causes harm or injury to someone else.

The 1935 act that protects workers' rights to form and join unions for collective bargaining is called the:

National Labor Relations Act (NLRA).

Heather is an artist and has several watercolors she would like to sell. Heather orally asks Rylee to sell the paintings for her and directs Rylee that each painting should be sold for at least $100. Rylee schedules a showing in her art gallery to display Heather's paintings. On the day of the showing, a customer offers to buy one of the paintings for $100, and Rylee accepts. When Heather finds out the price the painting sold for, she tries to get the painting back from the customer. Heather claims that she and Rylee did not have a written agency agreement, and, therefore, an agency relationship did not exist between them. Is Heather correct?

No, most agency agreements do not have to be in writing to be effective.

Roland and Alfreeda enter into a written agency agreement in which Alfreeda will represent Roland as his agent to obtain acting jobs for Roland. No termination provisions are included in the written agreement. If Roland wishes to terminate his agreement with Alfreeda:

Roland must do so in writing because the agency agreement is in writing.

What is the main provision of the Immigration Act of 1990?

The Immigration Act of 1990 placed caps on the number of visas (entry permits) that can be issued to immigrants each year.

Why would a superseding cause relieve a tort defendant of liability?

The defendant could not have reasonably foreseen the event.

How does a principal become liable to third parties on contracts?

The principal's agent has the authority to bind the principal in a contract with a third party.

infringement

Use of intellectual property rights (such as a patent, trademark, copyright or trade secret) belonging to someone else without obtaining the owner's permission.

Grover is a sales representative for Avon Products Inc., a company that sells beauty and gift products door-to-door. Ruby, Grover's manager, assigns Grover a certain territory in which to work. The territory that Grover is assigned has historically had one of the highest sales records in the state. Ruby is concerned that Grover is not adequately working the territory, so she allows Regina to also sell in that same territory. Does Grover have any grounds on which to file a lawsuit against Ruby?

Yes, Ruby has violated a principal's duty of cooperation and may be liable to Grover for Grover's lost profits.

If a bystander is injured when a consumer is using a product, may the bystander bring a claim for negligence against the manufacturer of the product?

Yes, because they are an injured party.

Onida is an employee at Kale's Manufacturing Company. The company makes bicycle tires, and Onida's job is to inspect the inner tubes before they are inserted into the tires. She recently noticed that the inner tubes are thinner than the safety specifications require. Onida tells her supervisor, Tom, about the problem, and is instructed to ignore it because these thinner tubes save the company money. Onida cannot ignore this problem in good conscience, so she tells Tom that if he is not going to report the problem, she will. Tom then fires Onida. Kale's Manufacturing Company is in an employment-at-will state. If Onida brings a lawsuit for wrongful termination, she will likely:

be successful because she was fired for an unlawful reason.

What liability theory is used by courts to allocate damages when there are multiple defendants and it cannot be proven which defendant was responsible?

market-share liability

Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome's car, causing Jerome's car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:

put Jerome in the position he would have been in had the tort not occurred.

A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:

warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.

In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers.

1. actual missed days at work 2. the loss of a spouse's companionship 3. medical bills

How may an agency relationship be formed? Choose 3 answers.

1. by express written agreement between agent and principal 2. by express oral agreement between agent and principal 3. implied by the conduct of the principal

Res Ipsa Loquitur

A doctrine of tort law under which a defendant may be deemed negligent if the facts indicate that the defendant had control over the thing that caused the harm, the injury would not have occurred without negligence, and the plaintiff played no role in causing the injury. (Latin for "The thing speaks for itself.")

Respondeat Superior

A doctrine under which a principal is held liable for wrongful acts committed by an agent acting within the scope of the agent's engagement. (Latin for "Let the master answer.")

Foreseeability

For a defendant to be liable for negligence under common law tort, the type of harm caused by the negligence must have been reasonably foreseeable.

Marla suffers a heart attack after taking a prescription drug that has been linked in studies to heart problems. Marla would like to sue for her injuries. Marla does her homework and discovers there are five manufacturers of the drug. Unfortunately, because Marla took the drug five years ago, there is no way to tell which manufacturer created the actual drug that Marla took. To proceed with her lawsuit:

Marla can sue all five manufacturers, and any recovery she receives will be apportioned among the manufacturers according to their share of the market.

Bernard and Hilda have both worked for Home Refinance Inc. for many years. Bernard has been with the company for fifteen years, and Hilda has been with the company for nine years. Both Bernard and Hilda are loan managers for the company, so they perform the exact same duties. Hilda discovers that Bernard's salary is twenty percent higher than hers. She cannot believe that she is paid less for the same job just because she is a woman. If Hilda sues the company over the disparity in pay, Hilda's lawsuit will likely:

fail if Home Refinance can prove the difference in pay is due to Bernard's seniority.

Marlo is about to be transferred overseas and wants to sell her house. Julianna, who is not a real estate agent, offers to sell the house for Marlo for free. Marlo jumps at the chance to get such a valuable service for free! Because Julianna offered to sell the house for free, Julianna owes Marlo:

no duty to sell the house, but if Julianna does attempt to sell the house, she owes Marlo the duty to use reasonable diligence and skill in performing the task.

Rosemary's son Dave is a United States Marine. Dave was recently injured in a covert operation in the Middle East and now needs round-the-clock care. Rosemary works at the Silver Spoon Café, which has 63 employees. Rosemary advises her supervisor that she needs to take time off to care for Dave. Rosemary quickly uses up all her accrued leave time, so she applies for time off under the Family and Medical Leave Act (FMLA). Under the FMLA, Rosemary may take unpaid time off to care for her injured son for up to:

twenty-six weeks.

Mateo is sixteen years old and just got his first job bagging groceries at Harry's Market, a local grocery store. During the school year, Mateo works limited hours after school and on the weekends. Now that school is out, Harry's Market increases Mateo's hours to six days a week and eight hours a day. Mateo's mother Isabel is concerned about Mateo working such long hours. She knows there is a federal law, the Fair Labor Standards Act (FLSA), that protects children from working long hours and too many days per week. When Isabel raises the issue with Mateo's supervisor, Mateo's supervisor explains to Isabel that:

under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs.

Laura purchases a lawnmower from Tractor Supply. The lawnmower has a flap in the back so the blade is not exposed to the person pushing the lawnmower. Laura does not like the flap dangling down, so she removes the flap. While Laura is mowing her yard, the mower slings a sharp rock into the air. The rock strikes Laura in the eye. Laura sues Tractor Supply, alleging that the lawnmower is defective and caused injury to her. In her lawsuit against Tractor Supply and the manufacturer, Laura will likely be:

unsuccessful, because the lawnmower was not in the same condition that it was in when she bought it.

The National Labor Relations Board (NLRB) has the authority to: (Choose 3 answers.)

1. file complaints against employers in response to charges of unfair labor practices brought by employees. 2. investigate employees' charges of unfair labor practices. 3. issue a cease-and-desist order.

Which amendments to the U.S. Constitution are the primary source of equal protection provisions in employment law? Choose 2 answers.

1. the Fifth Amendment 2. the Fourteenth Amendment

Tort

A civil wrong that results in injury or harm to someone else, creating a basis for a legal claim by which the injured party seeks compensation from the party that caused the injury or harm.

At Will Employment

A common law doctrine under which either party may terminate an employment relationship for an unspecified term at any time with or without reason unless a contract specifies otherwise.

To meet the element of intent, a plaintiff must prove that the defendant:

knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.

Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated:

the Digital Millennium Copyright Act.

What categories are protected by the Equal Employment Opportunity Commission (EEOC)? Choose 3 answers.

1. genetic information 2. gender identity 3. national origin

Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family's recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Because Benita's main concern is protecting the recipe from being revealed to anyone else, Benita's best approach is to treat the family fried gordita recipe as a:

trade secret.

Under the Civil Rights Act of 1964, which of the following are illegal if applied to a member of a protected class? Choose 2 answers.

1. hostile environment and retaliation 2. disparate treatment and disparate impact

Dakota's series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that for her. When Antwone researches that issue for Dakota, he will discover that:

Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention.