Test 13-17

A ____ is one whose shares are held by one shareholder or a small group of shareholders. a. close corporation b. small corporation c. limited corporation d. shared corporation e. nonprofit corporation

a

Coca-Cola, Microsoft and General Motors are all examples of: a. corporations b. limited partnerships c. legal partnerships d. sole proprietorships e. none of the other choices are correct

a

Which of the following is a common problem with employee handbooks: a. making promises about discipline procedures that are not followed consistently b. putting a bold disclaimer at the front of the handbook that says it is not a contract c. requiring employees to sign a statement indicating that they have read the disclaimer that says the handbook is not a contract d. all of the other specific choices are correct e. none of the other specific choices are correct

a

A person doing business for himself or herself is a(n): a. single proprietor b. sole proprietor c. only proprietor d. partner e. general proprietor

b

A primary boycott is: a. a strike that involves a firm besides the firm whose workers are on strike b. a strike against an employer whose collective bargaining agreement is in question c. an unfair labor practice under the NLRA d. a strike against the supplier of a firm that is involved in a labor dispute e. none of the other choices

b

An agent is a(n) ____ of the principal, which means that the agent occupies a position of trust, honesty, and confidence for the principal. a. employee b. fiduciary c. legal aid d. friend e. business partner

b

Many companies give employees handbooks that discuss company policy and procedures. Legally, handbooks: a. have no legal status; they are merely advisory b. can create binding contractual employment obligations c. are legal documents that, under the NLRA, are a part of the employment contract d. are documents that, at common law, have always been a part of the employment contract e. none of the other choices

b

The business judgment rule: a. is applied when directors of a corporation act negligently b. protects directors and managers of a corporation who have made honest mistakes in judgment c. is used by courts to impose strict liability on directors and managers when violated d. protects directors and managers of a corporation who have made honest mistakes in judgment and is used by courts to impose strict liability on directors and managers when violated e. none of the other choices

b

Administrative laws with the same force of law as statutes enacted by Congress are: a. procedural rules b. enforcement rules c. substantive rules d. observational rules e. interpretive rules

c

An employment of an agent for the purpose of representation in establishing relations between a principal and third parties is known as a(n): a. third party relationship b. principal relationship c. agency relationship d. real relationship e. representative relationship

c

For Title VII of the Civil Rights Act to apply, an employer must have: a. at least 5 employees b. no more than 50 employees c. at least 15 employees d. at least 10 employees e. at least 100 employees

c

Collective bargaining refers to the process by which the: a. union solicits support for itself b. employees solicit support for unionization c. employer solicits support for non-unionization d. employer and the union negotiate an employment contract e. employer and the union negotiate a right-to-work law

d

When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring: a. is an invasion of privacy b. is an invasion of privacy if personal e-mails are reviewed, not work-related e-mails c. is sexual harassment if directed at women employees d. is legal, employers have the right to do so, in part to prevent sexual harassment e. none of the other choices

d

Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine allowing termination of employees? a. refusing to commit an illegal act b. performing a public duty (reporting for jury duty) c. exercising a right (filing for workers' compensation) d. refusing to commit an illegal act and performing a public duty (reporting for jury duty) e. refusing to commit an illegal act and performing a public duty (reporting for jury duty) and exercising a right (filing for workers' compensation)

e

Agreement of the parties, ratification of the agent's activities by the principal, application of the doctrine of estoppel and operation of law are all: a. ways that an agency may be established b. ways that an agency may be sued c. unacceptable ways to begin an agency d. informal and thus non-binding ways of establishing an agency e. none of the other choices are correc

a

Employees may be required to sign, as a condition of employment, an agreement that they will not leave the company and go to work for themselves or a competitor firm in a position that could inflict competitive injury on the employer. This is called: a. noncompete agreement b. anti-raiding covenant c. exculpatory agreement d. whistle-blower agreement e. none of the other choices

a

Federal ____ requirements were initiated in 1938 as part of the Fair Labor Standards Act. a. minimum wage b. maximum wage c. working hour requirements d. workplace safety standards e. none of the other choices are correct

a

If evidence of regulatory violations can be obtained from observations made in areas the public has access to: a. there is no need to obtain a warrant b. there is still a need to obtain a warrant c. a warrant must still be obtained if the evidence is going to appear in court d. some states still require that a warrant be obtained e. a company may require that a warrant be obtained before it will consent to pay fines

a

The drive for civil rights in employment and other aspects of life became a national movement in the: a. late 1970s b. early 1960s c. early 1950s d. mid 1990s e. mid 1980s

b

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the: a. Congressional Quarterly b. Administrative Reporter c. Federal Supplement d. Federal Register e. Code of Federal Regulations

d

Limited partners are investors who: a. may not participate in management of the business b. are liable for all debts of the limited partnership c. may take an active role in the management of the business d. all of the other specific choices e. none of the other choices

a

Posting a notice of unfair practices in the workplace, issuing a cease and desist order, providing back pay forlost wages, reinstating dismissed workers, and issuing an order to bargain with the union are all examples of: a. remedies the NLRB may impose on an employer that has committed an unfair labor practice b. remedies the NLRB may not impose on an employer that has committed an unfair labor practice c. remedies workers may impose on an employer that has committed an unfair labor practice d. remedies employers may impose on a union that has committed an unfair labor practice e. none of the other choices are correct

a

Presidents use ____ to instruct administrative agencies to undertake certain tasks. a. executive orders b. executive suggestions c. executive budget cuts d. executive writings e. executive mandates

a

The Americans with Disabilities Act applies to employers with: a. fifteen or more employees b. twenty or more employees c. twenty-five or more employees d. fifty or more employees e. all employers, regardless of the size of their workforce

a

The preferential treatment of members of protected classes is: a. reverse discrimination b. irrational discrimination c. legal discrimination d. equalizing discrimination e. guilt-driven discrimination

a

The primary tool for local, state, and federal governments use to perform regulatory functions is the: a. administrative agency b. regulatory agency c. real agency d. courts e. police force

a

When liability is imposed on the principal for the unauthorized torts of an agent, it is called: a. vicarious liability b. indemnification c. agent respondeat d. third-party rights, duties, and liabilities e. none of the other choices

a

Which of the following is NOT a reasonable accommodation required of employers under the Americans with Disabilities Act: a. redesigning a factory at high cost b. job restructuring c. providing readers to blind employees d. modifying equipment e. all of the other specific choices are reasonable accommodations

a

Workers' compensation law: a. gives an employer immunity from employee tort suits arising from on-the-job accidents b. applies only to accidents that conform to a specific set of work-related injuries c. holds employees responsible for reimbursing employers for the cost of injuries for which employees are at fault d. is a federal program that is mandatory for nearly all workers e. all of the other choices

a

A random drug test for would be most likely to be justified by an employer for: a. a grocery store clerk b. a truck driver c. a student d. a movie ticket seller e. all of the other choices as federal law encourages testing all employees

b

According to the Supreme Court, what is one of the most significant legal trends of the last century: a. the decline of administration bodies b. the rise of administration bodies c. the decline of tort suits d. the rise of tort suits e. the decline of cases taken to the Supreme Court

b

An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a: a. member of the federal bench b. civil service employee of the agency c. municipal judge d. member of the state bench e. circuit court judge

b

Individual states: a. may not have civil rights acts that apply to employers exempt from Title VII b. may have civil rights acts that apply to employers exempt from Title VII c. may not have civil rights acts that protect additional classes of employees not covered by Title VII d. may exempt employers from any Title VII regulation e. none of the other choices are correct

b

There is no right to trial by jury in a hearing at an administrative agency to determine if the law has been violated because: a. administrative agencies are not subject to the Constitution b. there is no criminal or common-law cause c. Congress is above the Constitution and Congress gives agencies their authority d. the Supreme Court is not involved e. none of the other choices are correct

b

When an employee reports an employer's illegal act it is referred to as: a. defamation b. whistle blowing c. tattle-tailing d. whistle calling e. horn blowing

b

____ consists of oral or written instructions given by the principal to an agent. a. substitute authority b. express authority c. implied authority d. quasi authority e. legal authority

b

A ____ is an association of two or more persons to carry on a business as co-owners for profit. a. proprietorship b. corporation c. partnership d. cooperative e. all of the other choices

c

A ____ requires that each partner act in good faith for the benefit of the partnership. a. partnership relationship b. contractual relationship c. fiduciary relationship d. contractual promise e. none of the other choices are correct

c

A principal has a ____ the agent for reasonable expenses incurred in carrying out the duties of the agency. a. duty to cooperate with b. duty of loyalty to c. duty to reimburse d. duty of obedience to e. none of the other choices would apply

c

Administrative agencies are generally created by: a. a Supreme Court order b. federal courts to help in areas difficult to regulate by litigation c. an enabling statute of Congress d. an executive order of the President e. a Supreme Court order following an enabling statute of Congress

c

Historically, the common law permitted employers to: a. hire workers only with government approval b. fire workers only with government approval c. hire and fire which ever workers they wished d. fire workers for reasons listed in an employee handbook e. none of the other choices

c

The ____ is the most common way for employers to verify a prospective employee's legal right to work in the United States. a. I-5 form b. I-8 form c. I-9 form d. I-12 form e. Department of Justice Employment Form 9

c

The business organization that has at least one general partner and other investors who have limited liability is a: a. corporation b. general partnership c. limited partnership d. limited liability company e. proprietorship

c

The procedural requirement of ____ requires that a party seeking judicial review must demonstrate that it incurred an injury recognized by law as a result of the agency's action. a. jurisdiction b. reviewability c. standing d. ripeness e. exhaustion

c

The rules that regulate and govern the internal operations of a corporation are known as: a. the certificate of incorporation b. the bond c. the bylaws d. statutes of business e. the corporate constitution

c

Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant: a. how many sick days did you use last year? b. does stress at work ever bother you? c. are you capable of doing the rigors demanded of this job? d. have you been treated for drug abuse? e. all other choices would violate the law

c

Congress has authority to create regulatory agencies and give them powers to enact rules under which clause(s) of the Constitution: a. the trade clause b. the agency clause and the property clause c. the agency clause and the regulatory clause d. the commerce clause and the necessary and proper clause e. the defense clause

d

In general, a corporation's ____, along with an application, must be filed with the appropriate state office, along with payment of a fee to create a corporation. a. certificate of incorporation b. proof of funding c. certificate of credit d. articles of incorporation e. documents of incorporation

d

The Family and Medical Leave Act applies to all: a. private employers of 50 or more persons b. employees after 30 days of employment c. government units d. private employers of 50 or more persons and government units e. private employers of 50 or more persons and government units and employees after 30 days of employment

d

The principal is possibly liable for the torts of the agent if the agent's tort was: a. authorized by the principal b. an unauthorized intentional tort outside the scope of the agent's employment c. an unauthorized intentional tort within the scope of the agent's employment d. authorized by the principal or an unauthorized intentional tort within the scope of the agent's employment e. authorized by the principal or an unauthorized intentional tort within the scope of the agent's employment or an unauthorized intentional tort outside the scope of the agent's employment

d