BLAW Exam 1

Which of the following citations indicates that the citations is referencing state statutory law?

1. Art. Code Ann. 6-17-2401(2020 2. Cal. Penal COde 11164(a) (West 2020)

Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company?

1. Sweet Home Diner lost half of its business when the community became outraged with the owner for failing to stop racist social media postings 2. Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees

What are the main provisions of the Immigration Reform and Control Act (IRCA) enacted in 1986

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

What are the fiduciary duties of an agent to her principal?

1. accounting 2. loyalty 3. obedience

Which of the following are sources of administrative law?

1. agency opinions 2. agency regulations 3. executive orders

How may an agency relationship be formed?

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

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers?

1. conduct a hearing to obtain a final order 2. investigate complaints and possible violations of its regulations or the law 3. issue a subpoena

What are three ways that state workers' compensation claims are funded?

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

The role of the Equal Employment Opportunity Commission (EEOC) is to...

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

What categories are protected by the Equal Employment Opportunity Commission (EEOC)

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

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

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

The National Labor Relations Board (NLRB) has the authority to

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

The judicial branch may limit an administrative agency's actions by which of the following?

1. judicial review of the agency's regulations 2. judicial review of the agency's order on appeal

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

1. post certain notices in the workplace 2. records of occupational illness and injuries

What are the three steps of a civil trial?

1. presentation of testimony and evidence 2. closing arguments 3. opening arguments

An employee-at-will may be properly discharged for

1. showing up last to work one time 2. being "too attractive"

Which of the following are methods of preventing unethical behavior?

1. terminating an employee for unethical behavior 2. establishing a company code of ethics

When making decisions using the stakeholder theory of management, a business professional would place more weight on which of the following?

1. the harm to customers from using the company's product over profits 2. the impact of its decisions on employees over the profitability of the business

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

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

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

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

In the United States, who creates federal statutory law?

Congress

Who can terminate an agency relationship?

Either the agent or the principal may terminate

the legislation that requires an administrative agency to respond to requests from citizens for agency records is called...

Freedom of Information Act (FOIA)

Which of the following is an example of federal agency regulations that impact business operations?

Internal Revenue Service rules for business tax audits

Under which principle of ethics would a person consider whether his or her action is one that every other person should take?

Kant's categorial imperative

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

National Labor Relations Act (NLRA)

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

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

The Occupational Safety and Health Act (OSHA)

Which act is violated if an employer refuses to provide health insurance to pregnant females due to the increased cost associated with their pregnancy?

The Pregnancy Discrimination Act

The abbreviation "U.S." in the level citation Brown v Board of Education, 347 U.S. 483 (1954) references the

United States Reports

What is the exhaustion doctrine?

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

Employers must make which of the following to accommodate the religious practices of employees?

a reasonable accommodation

What is the term for a court's determination that an administrative agency decision is the result of plain error or mistake?

abuse of discretion

Which of the following statements correctly reflects the role of federal administrative law judge (ALJ)?

an ALJ presides over an administrative hearing and issues na order that, when final, may be reviewed by a corut

What is the term given to an administrative decision that is unreasonable or implausible in light of facts and evidence?

arbitrary and capricious

When the parties in dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called...

arbitration

The role of the mediator is to ...

assist parties in a dispute in resolving their differences out of court

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

In contrast to federal courts, state courts have what kind of jurisdiction?

broad

The Civil Rights Act of 1964 applies to...

companies with 15 or more employees

State statutory law is created by...

elected members of the state legislature

Which of the following activities is an example of corporate social responsibility?

establishment of a foundation that funds high school educational initiatives

What does venue refer to?

geographic location of the court

Employers are not required to make accommodations for employees

if that accommodation causes an undue hardship on the business

Which branch of government has the authority to enact law?

legislative

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

Ethics is the consideration of how one should act, based on which of the following concepts?

morality, or principles of right and wrong

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

A legal citation for a court decision is used by legal professionals to research the law, and includes...

party names, location of the published case, court, and date of decision

What is a document called that is filed with the court to state the position of the plaintiff or defendant in a lawsuit and ask for relief from the court?

pleadings

Title 9 The Civil Rights Action of 1964 applies to

private and some federal government employers

How a hearing or court case is conducted is governed by...

procedural law

Substantive law governs a person's...

rights and responsibilities

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...

summary judgment

The Administrative Procedure Act (APA) is the federal law that does which of the following?

the APA sets out the rule-making process for administrative agencies

Which amendment to the U.S Constitution is the primary source of equal protection provisions in employment law?

the Fourteenth Amendment

What is required to form an agency relationship?

the agent and principal must agree to enter the relationship

Under the principle of rights, the term "rights" refers to...

the fundamental rights of human beings

In ethics, compliance with the law is considered...

the moral minimum

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

The federal and most state judicial branches have at least these three levels in the court system...

trial court, intermediate appellate court, and highest appellate court

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

up to 12 weeks of unpaid time off

A company exhibits responsible corporate citizenship when it...

uses its wealth and influence to benefit society as a whole

Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?

utilitarianism

What is the process of interviewing prospective jurors and either approving of challenging a person's impartiality toward service of a particular jury?

voir dire

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

yes, but the agent must reimburse the principal

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

yes, if the contract requires compensation

What do legal professionals use to analyze court decisions that re relevant to their clients cases?

case briefing

Which of the following statements explains the formation and purpose of a federal administrative agency?

1. most federal administrative agencies are subject to the authority of the president but some are independent 2. an administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law

Legal Researchers will use which of the following tools to locate a court decision

1. online legal research engines 2. bound volumes of reported court decisions, organized by jurisdiction, date, and courts