BLAW 300 Final
Which of the following statements is true
A limited partnership must have at least one general partner
A sole proprietorship comes into existence when
A person begins to do business for themself
A partnership can begin with
A written agreement or an oral agreement or an implied agreement that can be inferred from the conduct of the parties doing business
Mold & Dye Corporation is a private employer involved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye only if the employer
Acted with malice or reckless indifference
Agency by estoppel means:
Actions by the principal lead a person to believe that the presumed agent has authority to act on the principal's behalf
General partners in a limited partnership
Are personally liable to the partnership's creditors
Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal
Because e-mails are being transmitted on company time and property
Individual states and cities may have:
Civil rights acts that protect additional classes of employees not covered by Title VII
A complete termination comes about only after the partnership has been ____ and its affairs have been wound up.
Dissolved
The first federal law that specifically addressed equal employment issues was the
Equal Pay Act of 1963
____ consists of oral or written instructions given by the principal to an agent.
Express authority
True or False: An independent contractor is an employer who controls his or her agent's performance.
False
True or False: Before a principal can ratify a contract, the agent must withdraw from the deal.
False
An agency may be established by:
Operation of law or by oral agreement of the parties or by written agreement of the parties
Reverse discrimination is
Preferential treatment of a protected class
To create a corporation:
The corporation's articles of incorporation are filed with the appropriate officer of the state
The most important antidiscrimination employment law is
Title VII of the Civil Rights Act of 1964
True or False: A fiduciary relationship involves trust and confidence.
True
True or False: An agency relationship can be formed without consideration
True
The ____ of partnership affairs involves completing any unfinished business and then collecting and distributing the partnership's assets
Winding up
Title VII applies to employers with
15 or more workers
Partners in a partnership owe each other:
A fiduciary duty
A sexually hostile work environment is:
A form of sexual discrimination
Bubbly Soda Company hires Carlo to work on Bubbly's shipping dock, checking outgoing loads and dispatchingBubbly's drivers. With respect to Carlo, Bubbly is most likely
A principal
The governing committee of a corporation is the
Board of directors
The rules that regulate and govern the internal operations of a corporation are known as:
Bylaws
Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that
Cody is a member of a protected class
A ____ is an artificial person, or legal entity, created under state law.
Corporation
True or False: A corporate officer is not an agent for the corporation.
False
True or False: A fiduciary relationship allows parties to avoid obligations without liability.
False
True or False: A principal owes an agent a duty of accounting.
False
True or False: An independent contractor's physical conduct is controlled, or subject to control, by his or her employer.
False
True or False: Race can be a bona fide occupational qualification.
False
True or False: The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over eighteen.
False
True or False: The Civil Rights Act of 1964 prohibits job discrimination on the basis of experience
False
True or False: To establish a prima facie case of discrimination under Title VII, a plaintiff must show that discriminatory intent motivated an employer's decision.
False
An association of two or more persons to carry on a business as co-owners for a profit
General partnership
A person who volunteers with no expectation of being paid for her services is a(n)
Gratuitous agent
Historically, the common law permitted employers to
Hire and fire whichever workers they wished
A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was:
Improper reverse discrimination, which violates Title VII
In a sole proprietorship, profits are taxed to the:
Individual owner of the proprietorship
The principal's duty to indemnify the agent means the principal must
Insure the agent against losses suffered during the course of authorized transactions
Discrimination on the basis of sexual preference or sexual identity:
Is not prohibited by Title VII of the Civil Rights Act
Lloyd and Milly are employees of NuTech Corporation. They have the same job. Under the Equal Pay Act, NuTech can legitimately pay Lloyd more than Milly on the basis of
Lloyd's greater production or seniority
Limited partners are investors who:
May not participate in management of the business
A certification of incorporation from the government is:
Necessary for a corporation to be recognized legally
A partnership can begin with either a(n) ____ or a(n)
Oral agreement; implied agreement
The scope of an agent's authority is determined from the:
Oral or written expressions of the principal or the principal's conduct
A ____ is an association of two or more persons to carry on a business as co-owners for profit.
Partnership
Through an agency relationship, the agent becomes the representative of the:
Principal
Corporations are not entitled to constitutionally protected:
Privileges against self-incrimination
In an agency the principal
Provides the agent with authority
Rona is Stu's administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is:
Quid pro quo harassment
When a principal accepts the consequences of the activities of a person who had previously not been the principal's agent, the principal:
Ratifies the agency
Under Title VII of the Civil Rights Act's prohibition of discrimination based on religion, an employer is:
Required to provide reasonable accommodation to an employee's religious practices
The owners of a corporation are called:
Shareholders
A person doing business for himself or herself is a(n)
Sole proprietor
Today a corporation must be created according to
State law
Prohibits pay discrimination on the basis of sex
The Equal Pay Act
In a sole proprietorship, the owner is:
The business
Under Title VII, national origin refers to:
The country where a person is born or the country from which his or her ancestors came
Implied authority consists of
The power to do whatever is reasonable and customary to carry out the agency purpose
To establish an agency relationship:
The principal and agent must agree to form an agency
True or False: An agency relationship may be created for any legal purpose.
True
True or False: An agent is authorized to act on behalf of a principal in doing business with third parties.
True
True or False: Employees who deal with third parties are agents of their employers.
True
True or False: Express authority is authority declared in clear, direct, definite terms.
True
True or False: If a principal does not ratify an unauthorized contract, the principal is not bound.
True
True or False: Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."
True
If a shareholder supplies needed material to the business then he:
Will become a creditor of the corporation and will enjoy the same rights of recovery against the corporation as any other creditor
