LGS - Exam 4 Examples

The most important factor in determining whether an item is a fixture is the perception of a disinterested third party. - True - False

false

The purpose of zoning is to prevent development altogether and to limit the government's ability to adapt to changing circumstances - True - False

false

The quality and safety of food may be important to consumers, but food labels that provide standard nutrition facts are a seller's option, not a requirement. - True - False

false

Title Vll of the civil rights act prohibits job discrimination on the basis of income - True - False

false

To receive benefits under a state workers' compensation law, an employee injured on the job must promptly sue the employer. - True - False

false

Lin is an employee at Manufacturing Plant Inc. Lin is called for jury duty and as a result cannot work her scheduled shift. The plant fires Lin, who subsequently successfully sues her employer for reinstatement, With respect to the employment at will doctrine, this is - An example of the doctrine - An exception based on contract theory - An exception based on public policy - An exception based on statute

An exception based on public policy

Biance is an at-will employee of Commercial Data Company. In firing Bianca, Dart, a Commercial Data Manager, publicly discloses, via social media, private facts about Bianca's public life. She successfully sues the employer for wrongful discharge. With respect to the employment at will doctrine, this is - An example of the doctrine - An exception based on contract theory - An exception based on public policy - An exception based on tort theory

An exception based on tort theory

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by - none of the employees. - Emily. - Emily's co-workers. - Gowan.

Emily

Frank tells Giselle that she can camp on his beach and swim in his lake whenever she wants. With respect to the right to camp and swim, - Giselle can pass title to the right to her heirs. - Giselle can exercise the right for the duration of her life. - Frank can withdraw or revoke the right. - Giselle can use Frank's property with impunity for perpetuity.

Frank can withdraw or revoke the right.

With respect to governing the workplace, statutory law - Has displaced common law doctrines to a large extent - Is superseded by common law principles - Is given effect only when it aligns with common law precedents - Applies to a dispute only in the absence of a common law rule

Has displaced common law doctrines to a large extent

Ivy is blind, Jerold has cancer, Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is - Only Iny - Ivy, Jerold, and Kim - Not Ivy, Jerold, and Kim - Only Ivy and Kim

Ivy, Jerold, and Kim

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely - a constructive discharge. - employer retaliation. - a voluntary quit. - Discrimination.

a constructive discharge.

Claudio owns one hundred acres of fertile bottomland. With respect to the land, Jana has an easement and Clinton has a profit. A right to possess the bottomland is owned by - Claudio. - Jana. - Clinton. - Claudio, Jana, and Clinton in fractional shares.

claudio

The condemnation power of the government to take land for a public use is known as the right of adverse possession. - true - false

false

Spicy Salsa Inc. complains to the Federal Trade Commission (FTC) about an ad broadcast by Tangy Taco Sauce Company, Spicy's competitor. The FTC investigates and concludes that the ad is deceptive. The FTC's next step is to conduct negotiations between the competitors. - permit Spicy to broadcast similarly - deceptive counteradvertising. - draft a formal complaint. - issue a cease-and-desist order.

draft a formal complaint.

An employer cannot classify jobs as male or female but can refuse to promote employees based on their gender. - True - False

false

Federal law that allows employees to take time off of work for family or medical leave supersedes state and local laws that provide more generous benefits - true - false

false

Manufacturers and suppliers entering into contracts with agencies of the federal government are exempt from federal wage-hour requirements - true - false

false

The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to 40 years of age - True - False

false

Devon takes temporary family leave from her job at Equipment Sales Company to care for a newborn baby. With respect to Devon's health-care coverage, during the leave, under the Family and Medical Leave Act, Equipment - must continue it. - may suspend it. - may terminate it. - must add the baby to it.

must continue it.

Consumer Staples Inc. includes in its advertising obvious exaggerations, vague generalities, and puffery about its products. The firm may be subject to sanctions for - obvious exaggerations. - vague generalities. - puffery. - nothing because obvious exaggerations, vague generalities, and puffery are not subject to sanctions.

nothing because obvious exaggerations, vague generalities, and puffery are not subject to sanctions.

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that - she is a member of a protected class. - she applied and was qualified for the job in question. - she was rejected for a position by the employer. - other persons of her race hold similar positions with similar employers.

other persons of her race hold similar positions with similar employers.

Miguel owns a beach house in Wyoming in fee simple. This ownership interest is - potentially infinite in duration. - subject to the withdrawal or recall of the previous owner. - limited to the period of Miguel's life. - limited to the period of the lives of Miguel and his immediate heir.

potentially infinite in duration.

Bayside Inc. pays Coastal Marina to release its claim to a strip of waterfront property. Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip. This deed is a - fee absolute deed. - quitclaim deed. - deed of quiet enjoyment. - warranty deed.

quitclaim deed

Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes - Imprisonment - Reinstatement - Fines - An order to close the employer's business

reinstatement

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for childcare and deal with financial and legal matters when Naomi, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must - restore him to his same position or a comparable position. - reimburse him for his expenses while on leave. - promote him to the status of a key employee. - do nothing.

restore him to his same position or a comparable position.

Direct Sales Corporation sells products to consumers over the phone, through the mail, and online. Under the Federal Trade Commission's Mail or Telephone Order Merchandise Rule, the firm may be liable for failing to - notify consumers when orders are shipped. - provide a cooling-off period of three days before shipping. - ship orders within the time promised in its ads. - notify consumers when orders are shipped and provide a cooling-off period of three days before shipping

ship orders within the time promised in its ads.

The federal agency that oversees the practices of banks, mortgage lenders, and credit-card companies is - the Consumer Product Safety Commission. - Regulations Z. - the Consumer Financial Protection Bureau. - the Federal Reserve Board.

the Consumer Financial Protection Bureau.

Hu signs an installment contract with Home Appliance Store to finance the purchase of new kitchen appliances. This transaction is subject to - no federal law. - the Fair Credit Reporting Act. - the Truth-in-Lending Act. - the Telecommunications Act.

the Truth-in-Lending Act.

Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. To succeed, his best argument is - the planes fly over more than twice a day. - there are other routes the planes could take. - the flights are low and frequent, interfering with enjoyment of his land. - the planes are effectively taking private property for private use.

the flights are low and frequent, interfering with enjoyment of his land.

A business that cannot provide scientific evidence to support its marketing claims may be held liable for deceptive advertising. - True - False

true

A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration. - true -false

true

A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense. - True - False

true

Because consumers may not read an entire web page, an online disclosure should be placed as close as possible to any claim being qualified - True - False

true

Importers of food have to verify that the imported food meets U.S. safety standards. - True - False

true

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference - True - False

true

Real property consists of land and includes anything attached to it - True - False

true

Regulation Z was issued by the Federal Reserve Board of Governors to implement the disclosure requirements of the Truth-in-Lending Act - True - False

true

To be eligible for unemployment compensation, a worker must be willing and able to work. - True - False

true

When an employee receives tips on the job, federal law requires the employer to pay the employee the difference between the amount of the tips and the federal minimum wage - True - False

true