Practice questions
Which of the following are sources of administrative law? Choose 3 answers. a. agency regulations b. executive orders c. agency opinions d. agency guidance
a,b,c
Substantive law governs a person's: a. ethical responsibilities. b. rights and responsibilities. c. procedural responsibilities. d. regulatory responsibilities.
b
Which features most closely align with independent regulatory agencies? Choose 2 answer choices. a. They are led by a secretary. b. The leaders serve a fixed term in office. c. The agencies oversee departments of the government. d. The leader is not a part of the cabinet.
b,d
How a hearing or court case is conducted is governed by: a. venue. b. statutory law. c. procedural law. d. interpretation.
c
Which branch of government has the authority to enact law? a. executive b. administrative c. legislative d. judicial
c
The ethical model that focuses on the outcome of a decision, as opposed to the motives behind the decision, is: a. Utilitarianism b. Deontological c. Kantian d. Categorical Imperative
a
What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired? Choose 2 answer choices. a. Lost wages. b. Reinstatement. c. Lost benefits. d. Criminal charges.
a,c
The Equal Protection Clause applies to which parties? a. All employers. b. All parties, whether employers or otherwise. c. Governmental employers. d. Private employers.
c
What authority is ended with the termination of an agency relationship? a. Apparent authority b. All agency authorities c. Actual authority d. Notice authority
c
What does venue refer to? a. standing of the court b. jurisdiction of the court c. geographic location of the court d. holding of the court
c
Which of the following are reasons why a motion for a new trial might be granted? a. The trial was unfair b. Excessive damages were awarded c. The non-prevailing party did not like the outcome d. The judge committed prejudicial error
a,b,c
What must a party do before appealing an agency action in the court system? Choose 2 answer choices. a. Must have some theoretical basis for the appeal. b. Must follow the agency appeal process. c. Must show direct harm. d. Must decide whether to sue in state or federal court.
b,c
Which of the following represent two of the potential financial costs of reporting unethical behavior? Choose 2 answer choices. a. a decrease in employee morale b. the loss of top performing employees c. penalties, fines, and lawsuits against the company d. the termination of the employee who made the report
b,c
In general, how does respondeat superior differ for employees versus independent contractors? Choose 2 answer choices. a. Principals are responsible for the actions of both categories if they are negligent in hiring. b. Principals are usually responsible for the actions of employees, and more rarely responsible for the actions of independent contractors. c. Principals are responsible for the actions of independent contractors more than for the actions of employees. d. Principals are responsible for the actions of both categories equally.
a,b
FMLA requires employers covered by the act to: (Choose 2 answers) a. provide up to 12 weeks of unpaid leave in one year for qualified employees. b. return the employee to their same position upon return from leave. c. allow the qualified employee to continue on the workers' health insurance plan provided by the company. d. provide up to 12 weeks of paid leave in one year for qualified employees.
a,c
Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices. a. Patent/trademark/copyright b. cases c. Divorces Bankruptcies d. Probate
a,c
May the government terminate a government employee who speaks out against policies and procedures? a. Yes, because the government has a special interest in maintaining order. b. No, if the matter is one of public concern. c. No, all speech is protected by the U.S. Constitution. d. cause any employee can be fired for any reason.
b
What are two types of challenges an attorney can make during voir dire? a. Non obstante challenge b. Challenge for cause c. Challenge for verdict d. Peremptory challenges
b,d
For what terminations does a principal NOT have a duty to notify third parties? a. Agencies terminated by b. operation of law c. Agencies with apparent authority d. Agencies in which a third party has dealt with the agent
a
Which types of agency controls deal with funding and appointing of heads of agencies? Choose 2 answer choices. a. Legislative control b. Exhaustion doctrine control c. Executive control d. Judicial control
a,c
A company exhibits responsible corporate citizenship when it: a. develops a code of ethics. b. maximizes profits for its shareholders. c. uses its wealth and influence to benefit society as a whole. d. expands globally.
c
Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals? a. duty-based ethics b. Kantianism c. utilitarianism d. corporate social responsibility
c
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury? a. corpus juris b. in personam c. voir dire d. de jure
c
Which law specifically allows an employer to require union membership after working a specific period of time? a. Norris-LaGuardia Act. b. Labor-Management Reporting and Disclosure Act. c. Labor-Management Relations Act. d. National Labor Relations Act.
c
Which of the following is an example of federal agency regulations that impact business operations? a. The Consumer Protection Act b. wage and hour laws c. Internal Revenue Service rules for business tax audits d. U.S. Supreme Court decisions
c
In the United States, who creates federal statutory law? a. the executive branch b. the judiciary. c. uniform law committees d. Congress.
d
A company handbook states that employees will be given warnings for three instances of arriving late for work, after which they will be fired. An employee is fired after being late for the first time. Which of the exceptions to at-will employment could apply? a. Contractual agreements. b. Tort law. c. Statutes. d. Public policy.
a
A legal citation for a court decision is used by legal professionals to research the law, and includes: a. party names, location of the published case, court, and date of decision. b. a summary of the case. c. party names and the court's holding. d. plaintiff and defendant names, and facts of the case.
a
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a: a. summary judgment. b. judgment on the pleadings. c. judgment as a matter of law. d. default judgment.
a
What do legal professionals use to analyze court decisions that are relevant to their clients' cases? a. case briefing b. local court rules c. the FLAC method d. promulgation
a
What does the ratification of an agency relationship include? a. A party affirms the contract another person made with a third party. b. The principal led a third party to believe someone was an agent. c. The law creates an agency relationship in the case of an emergency. d. There is an agreement between the principal and the agent.
a
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called: a. arbitration. b. negotiation. c. mediation. d. adjudication.
a
Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)? a. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court. b. An ALJ's final order may only be overturned by a court if it is unreasonable. c. An ALJ's final order may be re-tried in a federal district court. d. An ALJ's final order may not be reviewed by a court.
a
How do agency relationships affect businesses and the business world? Choose 2 answer choices. a. Businesses can grow by hiring employees. b. Workers can specialize and become experts. c. Principals are benefited, but agents are not benefited. d. Agency relationships eliminate legal concerns.
a,b
What are the two types of actual authority? Choose 2 answer choices. a. Implied authority b. Express authority c. Apparent authority d. Fiduciary relationship authority
a,b
Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices. a. Mediation b. Negotiation c. Arbitration d. Litigation
a,b
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers. a. investigate complaints and possible violations of its regulations or the law b. issue restraining orders c. conduct a hearing to obtain a final order d. issue a subpoena
a,c,d
Why are seniority systems beneficial? Choose 2 answer choices. a. Seniority systems encourage employee loyalty to the employer. b. Seniority systems can hold back top performers. c. Seniority systems are more difficult to administer, but they offer more opportunities for hiring employees. d. Seniority systems are a defense to employment discrimination. As a result, the employer would have fewer related legal issues.
a,d
Ethics is the consideration of how one should act, based on which of the following concepts? a. the moral minimum b. morality, or principles of right and wrong c. cause and effect d. strict legality and legal compliance
b
How would a customer preference for women attendants in the women's restroom or locker room be judged under employment discrimination? a. The law does not allow for discrimination defenses for gender. b. The gender preference could be a BFOQ. c. It would not be discriminatory against a protected class. d. This request would qualify as a business necessity.
b
What is the key factor in apparent authority? a. The actions of both the principal and the agent B. The principal's actions c. The agent's actions d. Apparent authority is dictated by operation of law in case of emergencies.
b
You participate in Black Lives Matter protests and have begun studying the issues raised about police officers. Your local protest group believes the budget of the local police department should be made public as well as the training manuals used to prepare recruits for the job. You and the group want this information to help assess the effectiveness of the police department. For example, is the money well spent? Is training appropriate? What law enables citizens to obtain information from the government about a subject of interest when a written request is made? a. Privacy Act b. Enabling Legislation c. Freedom of Information Act d. The Administrative Procedure Act
c
If an employee reports illegal behavior of a publicly traded company and is later terminated because of it, under Sarbanes-Oxley they may be entitled to: a. reinstatement only. b. Attorney's fees only. c. back pay only. d. reinstatement, back pay, and attorneys' fees.
d
Which of the following scenarios illustrates a business world without agency relationships? a. A corporation with only one employee. b. Hiring an expert as an independent contractor. c. Hiring an expert as an employee. d. The owner prepares the tax returns.
d
What are the three steps of a civil trial? Choose 3 answers. a. presentation of testimony and evidence b. closing arguments c. jury selection d. opening arguments
a,b,d
Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company? Choose 2 answers. a. Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees. b. The Old Mill relocated one of its plants, at a cost of over $1 million, when it discovered it was polluting a local river. c. Sweet Home Diner lost half of its business when the community became outraged with the owner for failing to stop the racist social media postings of the restaurant manager. d. Brown Shoe Manufacturing, Inc. recently lost one-third of its stitching room employees to a nearby competitor. The chief executive officer decided to forego a portion of his salary so the company could increase the salaries of all employees.
a,c
What does respondeat superior dictate? a. If a principal does not engage in negligent hiring or supervision, the principal is not liable for any worker activities. b. A principal can be held liable for employee actions, even if the principal is not at fault. c. A principal must supervise independent contractor activities. d. The principal is liable only if at fault.
b
An employer requires a college degree to work in any position in the company. What part of Title VII could apply? a. Retaliation. b. Hostile work environment. c. Title VII does not apply to this situation. d. Disparate impact. e. Disparate treatment.
e
What does agency by ratification require? Choose 2 answer choices. a. The agent must have followed all of the principal's rules in negotiating and signing the contract. b. The principal must have hired the agent before the contract was signed. c. The principal must have the legal capacity to contract. d. The principal affirms the agent's entire act, not just a portion.
c,d
Historically, the common law developed from: a. the unification of local customs and laws in feudal England. b. the democratic creation of rules and laws in ancient Greece. c. the emergence of courts of law and courts of equity in seventeenth century France. d. the movement from religious to secular law in 15th raised to the th power century Europe.
a
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: a. may create new precedent. b. must decline to hear the matter. c. may ask an appellate court to decide the matter. d. must wait until another judge creates precedent.
a
State statutory law is created by: a. elected members of the state legislature. b. the governor. c. elected congressional members. d. elected members of the judiciary.
a
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought? a. Natural Law b. Positivist School c. Historical School d. Legal Realism
a
The role of a mediator is to: a. assist parties in a dispute in resolving their differences out of court. b. hear the complaints of the parties and render an out-of-court decision. c. hear the parties' dispute without an attorney. d. negotiate on behalf of one of the parties in a dispute.
a
What information can people request under the Freedom of Information Act? a. Agency budget information b. Agency personnel information c. Personnel rules and practices d. National security details
a
What is the exhaustion doctrine? a. A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency. b. The exhaustion doctrine is the standard by which a court will review a decision of an administrative agency. c. A court will apply the exhaustion doctrine to determine if an administrative agency did all that it could to amicably resolve a dispute. d.The exhaustion doctrine permits a person to seek judicial review of any unreasonable agency determination, whether or not it is final.
a
Which of the following are considerations of corporate social responsibility? Choose 3 answer choices. a. Ethical treatment of employees and suppliers b. Environmental impact of a business c. Issues within the community where a business is located d. Maximization of company profits
a,b,c
An arbitrator is different than a mediator because an arbitrator: a. is a third-party neutral. b. has the authority to make a binding award. c. hears both sides of a matter. d. is employed to help the parties avoid litigation.
b
Under the principle of rights, the term "rights" refers to: a. citizenship rights. b. the fundamental rights of human beings. c. property rights. d. shareholder rights.
b
What are the benefits of the exhaustion doctrine? a. The exhaustion doctrine provides a quick and easy path to the federal court system for appeals. b. The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary. c. The exhaustion doctrine ensures federal courts have increases in cases. d. The exhaustion doctrine allows for theoretical appeals.
b
What is the role of an administrative law judge (ALJ)? a. An ALJ has the final say on the decision in the case. b. An ALJ is an employee of the agency bringing the charges. c. An ALJ has no connection to the parties in the adjudication. d. An ALJ is selected by mutual agreement of the agency and the business involved.
b
Which branch of the federal government do the functions of administrative agencies most closely resemble? a. The legislative branch b. All three branches c. The judicial branch d. The executive branch
b
Which of the following activities is an example of corporate social responsibility? a. ensuring all employees meet minimum licensure standards b. establishment of a foundation that funds high school educational initiatives c. careful compliance with employee safety regulations d. funding a research project that supports the company's marketing initiative for a new product
b
You are the manager of a sandwich shop called Buns-R-Us, which has twelve employees. The corporate office has a very robust ethical code of conduct for employee behavior and has trained each employee on it. On a personal level, you disagree with some of the rules. And, because you are the manager, you choose not to follow them. When your employees see that you, as the manager, do not follow the rules, what's the likely consequence? a. They will likely follow the rules because it's the right thing to do. b. They will likely not follow the rules either. c. They will likely follow the rules to keep their jobs. d. It will have no effect on the employees.
b
A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices. a. When the party lives within 250 miles of the court b. When a party brings a case in its court c. When the party's property at issue in the case exists within the geographic boundaries of the authority of the court d. When the court has already established that the court has subject matter jurisdiction
b,c
Which of the following workers are generally NOT eligible for workers' compensation? Choose 3 answers. a. Construction workers b. Domestic workers c. Agricultural workers d. Temporary workers
b,c,d
The National Labor Relations Board (NLRB) is involved in what union activities? Choose 2 answer choices. a. Certifying right-to-work elections. b. Collective bargaining. c. Mediating the collective bargaining negotiations between employers and employees. d. Union certification.
b,d
The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers. a. a court's removal of an agency officer b. judicial review of the agency's orders on appeal c. a court's modification of the agency's authority d. judicial review of the agency's regulations
b,d
FMLA applies to: government employers. a. employers with 25 or more employees. b. employers with 50 or more employees. c. employers who maintain a paid medical leave program d. employees who maintain a paid medical leave program
c
The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the: a. United States Reports. b. United States Supreme Court Reports Lawyers' Edition. c. U.S. Supreme Court. d. United States.
c
Under the common law, which of the following is true? a. Judges may never deviate from established precedent. b. Congress is responsible for interpreting the common law. c. In a case of first impression, a judge may use persuasive authorities rather than precedents. d. Judges are responsible for the creation of statutes.
c
Which of the following lists the steps of a trial in the correct chronological order from beginning to end? a. Defendant's case, closing statements, verdict, jury instructions b. Opening statements, jury selection, plaintiff's case, closing statements c. Jury selection, opening statements, plaintiff's case, defendant's case d. Defendant's case, Plaintiff's case, closing statements, jury instructions
c
Which type of agency has a leader who can be removed by the president? a. Departments b. Independent regulatory agencies c. Executive agencies d. State and local agencies
c
You and a friend are taking a road trip during summer break and decide to stop for lunch. You choose your favorite fast food restaurant. You both order a burger, fries, and a soft drink and chow down. In the afternoon, as you are continuing your journey, both of you begin to feel stomach cramps. They get worse so you decide to go to an urgent care clinic. The doctor there diagnoses you both with food poisoning and prescribes medication. You fill the prescription, check into a hotel, and experience several days of agony. You later discover the cook at the restaurant undercooked the beef in your burger, which caused your food poisoning. You sue the restaurant. Is the restaurant liable to you or is only the employee liable? a. Neither party is liable; when ordering food customers assume the risk that the food might not be prepared properly. b. Only the employee is liable because the employee was the one who was negligent in undercooking the hamburger. c. The restaurant is liable. d. Only the employee is liable because she was acting outside the scope of her employment when she cooked the food.
c
You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit? a. in state court, but not federal court b. both in federal court and in state court c. in either federal or state court d. in federal court, but not state court
c
aYou've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers? a. The steps to take in researching the law. b. The remedies available when you win a civil lawsuit. c. The methods of enforcing the rights established by substantive law. d. The punishments for violating criminal laws.
c
What information is exempt from access by a Freedom of Information Act request? Choose 2 answer choices. a. Statistics about a specific subject b. Information collected about the person making the Freedom of Information Act request c. Personnel information about a particular person d. Trade secrets
c,d
Which of the following are methods of preventing unethical behavior? Choose 2 answers. a. allowing lower-level managers to develop their own ethical rules b. keeping an attorney on retainer c. establishing a company code of ethics d. terminating an employee for unethical behavior
c,d
An employer reacts to an employee's report of a Title VII violation by cursing and making offensive jokes about that employee and moves the employee to another department. What part of Title VII could apply? Choose 2 answer choices. a. Disparate impact. b. Title VII does not apply to this situation. c. Hostile work environment. d. Disparate treatment. e. Retaliation.
c,e
A state passes a law requiring all police officers to be of a certain height. Some women challenge the law under the Equal Protection Clause because the average height of women is shorter than that of men. What standard would the court use to make a decision? a. Rational basis test. b. Strict scrutiny. c. The Equal Protection Clause does not apply to this employer. d. Intermediate scrutiny.
d
Agency rules are similar to statutes because of which one of the following? a. They are opinions regarding laws passed by Congress. b. They are enforced by law enforcement agencies. c. Congress must vote in favor of them to become effective. d. They are legal requirements and binding as if Congress has passed them.
d
Granting a Motion for a J.N.O.V. means: a. that reasonable minds could differ as to the outcome of the trial and therefore the jury verdict must stand. b. the jury verdict was so clearly in line with the weight of the evidence that no reasonable person could find otherwise, therefore an appeal is automatically denied. c. that reasonable minds could differ as to the outcome of the trial and therefore the jury verdict may not stand. d. the jury verdict was wrong and so clearly against the weight of the evidence that no reasonable person could have found as the jury did.
d
The federal and most state judicial branches have at least these three levels in the court system: a. district, appeals, and supreme. b. chancery, district, and appellate. c. district, circuit, and appellate. d. trial court, intermediate appellate court, and highest appellate court.
d
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought? a. Natural Law b. Historical School c. Positivist School d. Legal Realist School
d
The principle of stare decisis does which of the following? a. requires the fact pattern of the current case to be exactly like the fact pattern of the precedent b. uses statutory law to guide judges to the right decision c. ensures that no changes in the law ever take place d. creates predictability in the legal system
d