Bus Law Test 3

Maria works for MegaCorp, a large privately owned company specializing in sales of ball bearings. MegaCorp introduces filtering software to block access to certain non-work related Web sites, as well as sites containing sexually explicit images. Can Maria legally challenge the new policy? a. No, because private employers generally are free to use filtering software to block access to certain Web sites. b. Yes, because Maria's Internet use is protected by the First Amendment. c. Yes, because the Electronic Communications Privacy Act prohibits employers from intercepting electronic work communications. d. No, because the Employee Polygraph Protection Act permits employees to refuse to tell employers about their Internet use at work.

a. No, because private employers generally are free to use filtering software to block access to certain Web sites.

Dara gives her agent, Marla, money to purchase a new commercial oven. Marla takes the money and deposits it into her personal checking account. Marla then accidentally spends some of Dara's money. Marla has violated her duty of: a. accounting. b. cooperation. c. payment. d. loyalty.

a. accounting.

Dean is not Paul's agent, but Paul tells Charlie that Dean has always been a good friend and can "handle any of my business affairs." If Dean were to later enter into a contract with Charlie on Paul's behalf, Dean would be acting under an: a. apparent authority. b. express authority. c. implied authority. d. obvious authority.

a. apparent authority.

Samantha borrows $10,000 from John to start her business. She gives John her stock in AT&T, authorizing him to sell it if she defaults on her loan. If she later attempts to terminate his authority to sell the stock, she will not be successful because she gave John an agency: a. coupled with an interest. b. by power of attorney. c. for a specific occurrence. d. by express authority.

a. coupled with an interest.

Jonah owns a food processing company. His business was recently raided by U.S. Immigration and Customs Enforcement agents based on a tip that he was employing undocumented workers. In defending against this charge, Jonah may assert any of the following except: a. failure to maintain proper paperwork evidencing the right to work. b. good faith by the employer. c. reliance upon documents that appear genuine but are subsequently proven to be counterfeit. d. the absence of intent to violate immigration laws.

a. failure to maintain proper paperwork evidencing the right to work.

Yakov hires Melina to be his Vice President for Marketing. The job description is pretty broad but does not include the ability to hire or terminate lower level employees in the Marketing division. If Melina has this power, it is based on her: a. implied authority. b. obvious authority. c. apparent authority. d. express authority.

a. implied authority.

Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer: a. might be engaged in disparate-impact discrimination. b. has almost certainly done nothing wrong. c. might have violated the Americans with Disabilities Act. d. might be engaged in disparate-harm discrimination.

a. might be engaged in disparate-impact discrimination.

Francis drives a delivery truck for Weston Industries. In the middle of his delivery route, Francis stops to have a two-hour lunch with friends twenty miles away. While in the restaurant, Francis spills some water and another person falls on it. That person sues Weston Industries. To determine liability, a court would likely decide that Francis was acting: a. outside the scope of employment. b. within the scope of employment. c. as a negligent agent. d. in misrepresentation of Weston Industries.

a. outside the scope of employment.

Sarah has to move from the East Coast to the West Coast for her job. Elmo agrees to act as Sarah's agent to sell her New York condo. As her agent, Elmo owes Sarah all of the following duties except: a. payment. b. notification. c. performance. d. loyalty.

a. payment.

Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as: a. quid pro quo harassment. b. invidious harassment. c. hostile-environment harassment. d. settled harassment.

a. quid pro quo harassment.

The Scooter Store notified its employees at 5 p.m. on Friday that it is laying off two-thirds of its workforce as of today, and told them not to come in on Monday. It failed to provide advance notice to anyone and in doing so likely violated: a. the Worker Adjustment and Retraining Notification Act. b. the Worker Notification Act. c. the Worker Readjustment Act. d. the Worker Retention Act.

a. the Worker Adjustment and Retraining Notification Act.

Sarah is employed at Tulip Factory, Inc., as an accountant. Sarah takes military leave and two months later returns from military service. Tulip Factory managers offer Sarah a new job as a junior bookkeeper. This decision: a. violates the USERRA because returning service members are to be reemployed in the jobs that they would have attained had they not been absent for military service. b. does not violate the USERRA because returning service members are to be reemployed in any job that is available. c. does not violate the USERRA because returning service members have no special claim to employment at their employer from which they took military leave. d. violates the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) because returning service members are to be reemployed in the job of their choice.

a. violates the USERRA because returning service members are to be reemployed in the jobs that they would have attained had they not been absent for military service

Grocer's Choice is the largest employer in the Pacific Northwest. It is covered by numerous federal employment laws. As such, it is required by the Family and Medical Leave Act of 1993 to provide employees with up to: a. 10 weeks of unpaid family or medical leave during any 12-month period. b. 12 weeks of unpaid family or medical leave during any 12-month period. c. 5 weeks of unpaid family or medical leave during any 12-month period. d. 24 weeks of unpaid family or medical leave during any 12-month period.

b. 12 weeks of unpaid family or medical leave during any 12-month period.

Byron works at Stich-Rite Clothing Factory. The company is required to maintain safe working conditions under the: a. Safety and Health Organization Act. b. Occupational Safety and Health Act. c. Hazardous Workplace Act. d. Occupational Health Act.

b. Occupational Safety and Health Act.

Julie's father has been diagnosed with dementia, and Julie needs to be home to take care of her father for six consecutive weeks. Julie asks her employer, BigCo, for six weeks of medical leave under the Family and Medical Leave Act (FMLA) and her regular salary paid. Is BigCo obligated to grant this request? a. No, the Family and Medical Leave Act only grants medical leave for treatment of one's own serious health condition, not the conditions of others. b. Partially yes, the Family and Medical Leave Act requires granting employees twelve weeks of medical leave per year for a qualifying reason. However, that leave does not have to be paid leave. c. Yes, the Family and Medical Leave Act requires granting employees twelve weeks of paid medical leave per year for a qualifying reason. d. No, the Family and Medical Leave Act only requires granting employees three weeks of unpaid medical leave per year.

b. Partially yes, the Family and Medical Leave Act requires granting employees twelve weeks of medical leave per year for a qualifying reason. However, that leave does not have to be paid leave.

Lizzie works for Gary in his dance supply shop and is authorized to sell inventory but not to order new merchandise. Rena, a sales representative for a new line of dance wear, comes into the store and Lizzie places an order with her. When Gary learns the details of Lizzie's purchase he wants to ratify the contract. The one condition that is NOT necessary for ratification is: a. Rena and Gary must have legal capacity to engage in the transaction. b. Rena must withdraw from the transaction before Gary ratifies it. c. Gary must know all the material facts about the transaction. d. Gary must affirm Lizzie's order in its entirety.

b. Rena must withdraw from the transaction before Gary ratifies it.

Jason instructs his agent Miguel to obtain a piece of artwork from Martina by threatening to beat her if she refuses to sell the artwork. Miguel follows Jason's instruction and beats Martina when she refuses to sell the item. In this situation: a. Martina cannot recover damages for her injuries in court because Miguel was acting as an agent. b. both Jason and Miguel are liable for Martina's injuries. c. Miguel alone is liable for Martina's injuries. d. Miguel can seek an indemnification against Jason.

b. both Jason and Miguel are liable for Martina's injuries.

Charlie tells Jamal that Marisol has agreed to allow him to sell her racing bicycle. Marisol is present at the time, hears the conversation and says nothing. Jamal agrees with Charlie to buy Marisol's bike. Marisol then refuses to sell the bicycle. Marisol claims that she is not bound by the agreement formed by Charlie and Jamal because Charlie is not her agent. Marisol likely is: a. bound by the contract under a theory of agency by operation of law. b. bound by the contract under a theory of agency by estoppel. c. not bound by the contract because of a rescission. d. not bound by the contract because she did not have an agency agreement with Charlie.

b. bound by the contract under a theory of agency by estoppel.

Justin, as an agent for Jessica, receives an earnest money check from a buyer related to the sale of Jessica's property. Justin's receipt of the check creates a(n): a. accounting. b. constructive trust. c. avoidance. d. indemnification.

b. constructive trust.

Selma, an elderly widow, gives her young neighbor Steven written power of attorney. This means that Steven now: a. is an undisclosed principal. b. has express authority to act as Selma's agent. c. has implied authority, but not express authority, to act as Selma's agent. d. is a disclosed principal.

b. has express authority to act as Selma's agent.

Mary is a data-entry employee at Computer Services, Inc., a small computer company. Mary's sole job is to input information into a computer from paper invoices and spreadsheets. Mary develops chronic carpel tunnel syndrome, rendering her unable to type. As a reasonable accommodation, she requests that her employer hire a new employee to do the data entry on her behalf. Mary's request: a. is a reasonable accommodation under the Americans with Disabilities Act (ADA), which her employer is legally bound to accommodate. b. is not a reasonable accommodation because Mary's request would place an undue hardship on the company. c. is a reasonable accommodation under the ADA, because an employer must accept the accommodation preferences of the employee. d. is not a reasonable accommodation because Mary does not qualify as disabled under the ADA.

b. is not a reasonable accommodation because Mary's request would place an undue hardship on the company.

Erin works for a dry-cleaning company that has a contract with the U.S. government. To save on cleaning fluid, her boss orders her to wash some clothes that are supposed to be dry-cleaned in a washing machine. When the courier hired to pick up the cleaned garments arrives, Erin tells him about her boss's actions. Erin tells no one else about what is going on and is later fired. Erin: a. is protected by the whistleblower statute in her state because she spoke up about her employer's actions. b. is not protected by the whistleblower statute because she failed to inform the proper party of the contract violation. c. is not protected by the state whistleblower statute. It is inapplicable because the contract was with the federal government. d. will be reinstated to her former job because when she told the courier of the problem she was merely exercising her First Amendment right to free speech.

b. is not protected by the whistleblower statute because she failed to inform the proper party of the contract violation.

Abigail works for a large pharmaceutical company as a scientist. While testing a potential new drug, she learns that company managers are illegally falsifying results that are being sent to the Food and Drug Administration (FDA) in order to streamline drug approvals. Abigail reports this practice to federal law enforcement. Company managers learn about Abigail's disclosures and fire her. Abigail: a. is protected from wrongful discharge by the exception based on tort theory. b. is protected from wrongful discharge by the exception based on public policy. c. is protected from wrongful discharge by the exception based on contract theory. d. is not protected from discharge because she is an employee at will.

b. is protected from wrongful discharge by the exception based on public policy.

Kim hires Michelle to go to the art gallery and purchase a specific painting for him. The painting costs $1,500. Because this is the purchase and sale of goods for more than $500, the contract for the painting must be in writing. In order to have a legal purchase of the painting, Kim: a. may have Michelle sign on his behalf based on their verbal agency agreement. b. may have Michelle sign on his behalf if the agency agreement is in writing. c. must not have Michelle hired as his agent. d. must have Michelle bring the contract to him for his original signature.

b. may have Michelle sign on his behalf if the agency agreement is in writing.

Maureen knows that her friend Kramer collects duck memorabilia. One day, she spots a carved wooden duck she is sure he will love. She tells the shop owner that Kramer will pay her for the duck as soon as he sees it, and she takes the duck with her to show it to Kramer. Kramer is: a. liable under the doctrine of apparent authority. b. not liable. c. liable only if the shop owner knew that Maureen was not Kramer's agent. d. fully liable under the doctrine of intelligent agents.

b. not liable.

Sarah asks Sergio to mow her lawn. Sergio, who is overloaded with work, contracts with Dan to do the work for him as an independent contractor. As Dan is mowing, Sarah walks out of her house and the lawnmower throws a rock and hits Sarah, causing serious injuries. In this situation, Sergio is: a. liable for Sarah's harms because Dan is an independent contractor. b. probably not liable for Sarah's injuries. c. not liable for Sarah's injuries because she breached her duty of notification. d. liable for Sarah's harms because he has a responsibility to control the actions of his employees.

b. probably not liable for Sarah's injuries.

Wally is blind and would like to work for the Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. The Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated: a. the NLRA. b. the ADA. c. 42 U.S.C. Section 1981. d. the ADEA.

b. the ADA.

Gina buys a piece of pottery from Woodward for her principal, Kelvin. If Woodward knows that Gina is buying the pottery on behalf of someone other than herself but does not know the identity of that person, Kelvin is: a. an independent contractor working for Gina. b. an agent for Woodward. c. a partially disclosed principal. d. an undisclosed principal.

c. a partially disclosed principal.

Napoleon owns Napoleon's Construction and agrees to renovate Mrs. Cernan's bathroom. She will provide him with the plans, and then he will do the work in the manner that he determines is most cost effective and appropriate. Napoleon is likely to be classified as: a. an employee. b. a partially disclosed principal. c. an independent contractor. d. a disclosed principal.

c. an independent contractor.

Jamel hires independent contractor Stevenson to create users' manuals for Jamel's small appliances. Jamel: a. automatically owns the copyright to the manuals because he paid Stevenson to create them. b. will violate Stevenson's rights if he requires a work for hire document. c. can create an agreement in writing that designates Stevenson's work as work for hire. d. cannot own the copyright to the manuals because Stevenson created them.

c. can create an agreement in writing that designates Stevenson's work as work for hire.

Kera is an hourly employee of Xeon, Inc., who earns a wage of $10.00 an hour. During a busy season, Kera works fifty hours in one week. Xeon pays Kera $11.00 an hour for her overtime pay. Xeon is: a. in conformance with the Fair Labor Standards Act because Kera only worked fifty hours in one week, and thus she is not qualified for overtime pay. b. not in conformance with the Fair Labor Standards Act because Xeon is obligated to pay no less than 2.5 times Kera's regular pay for hours she worked over forty in one week. c. not in conformance with the Fair Labor Standards Act because Xeon is obligated to pay no less than 1.5 times Kera's regular pay for hours she worked over forty in one week. d. in conformance with the Fair Labor Standards Act (FLSA) because Xeon is paying an overtime rate.

c. not in conformance with the Fair Labor Standards Act because Xeon is obligated to pay no less than 1.5 times Kera's regular pay for hours she worked over forty in one week.

Donald is a new financial analyst for a large stock-brokerage company. On the way to work, Donald collides with Yolanda, injuring her. Donald would normally be considered to be acting: a. within the scope of employment. b. as a borrowed servant. c. outside the scope of employment. d. as a principal for the firm.

c. outside the scope of employment.

Mitchell hires Christina to go from Florida to New York and negotiate a contract for his company. He gives her specific instructions on what should be in the contract, and a written letter that gives her authority to sign on his behalf. Christina books a plane ticket, flies to New York, hires a cab, and successfully negotiates the contract. If Christina is paid for the plane ticket and cab fare, as well as meals while in New York, it is most likely under the principal's duty of: a. cooperation. b. travel coverage. c. reimbursement. d. compensation

c. reimbursement.

Robert attempts to avoid paying Andrew a commission on the sale of his house to a buyer procured by Andrew. He does so by waiting until after the listing agreement has expired. Andrew finds out about this after Robert sells his house. Andrew can: a. sue Robert for avoidance. b. sue Robert for indemnification. c. sue Robert for breach of contract. d. sue Robert for a constructive trust.

c. sue Robert for breach of contract.

Selena signs a power of attorney appointing Kim, for the sole purpose of signing paperwork on her behalf that relates to the sale of her house. The power of attorney will automatically terminate based on: a. termination by either Selena or Kim. b. a lapse of time. c. the purpose being achieved. d. mutual agreement between Selena and Kim.

c. the purpose being achieved.

Kurt is fifty-two years old and has worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he: a. is a member of the protected age group. b. was qualified for the job he lost. c. was replaced by someone who was below the age of forty. d. was discharged in a way that creates an inference of discrimination.

c. was replaced by someone who was below the age of forty.

Patricia hires Albert to sell Patricia's expensive sports car. Albert agrees on a sale with Zeke, who wants to purchase the car for its powerful engine and well-kept condition. Albert does not disclose Patricia's identity to Zeke. Albert also does not disclose the fact that Albert is an agent for someone else. Zeke tenders the purchase price to Albert, but Patricia refuses to deliver the car as agreed. In this situation: a. Patricia is not bound to perform because the agency relationship was not disclosed. b. Patricia is not bound to perform because Patricia's identity was not disclosed. c. Patricia is not bound to perform because Albert did not act within the scope of his authority. d. Patricia is bound to perform.

d. Patricia is bound to perform.

Whitney works at home making unique children's clothes. Liam buys Whitney's clothes to sell in his store. With respect to Whitney's legal relationship to Liam, she is probably: a. an agent by operation of law. b. a principal. c. an employee. d. an independent contractor.

d. an independent contractor.

Tammy, age sixty-three, works for Westcon, Inc. Tammy has been showing up for work late, and has a habit of placing confidential work files on her personal computer in violation of company policy. Jack, Tammy's manager, fires Tammy for these reasons. Jack also considers an incidental benefit of Tammy's discharge the fact that they can get someone younger in Tammy's position. If Tammy files an Age Discrimination in Employment Act (ADEA), she will: a. be successful in court as age Tammy's employer had a "mixed motive" for discharging an employee. b. be successful in court because she has a claim of disparate-impact discrimination. c. be successful in court as age was an incidental factor in Tammy's discharge. d. be unsuccessful in court because Tammy's age was not the "but for" reason for her discharge.

d. be unsuccessful in court because Tammy's age was not the "but for" reason for her discharge.

Kris represents Josh in the sale of his house as his real estate agent. Kris is entitled to: a. confidentiality. b. loyalty. c. daily updates. d. compensation.

d. compensation.

Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of: a. direct-treatment discrimination. b. primary-treatment discrimination. c. disparate-impact discrimination. d. disparate-treatment discrimination.

d. disparate-treatment discrimination.

John works at San Marino Food Store as an assistant store manager. John's boss, Michael, does not approve of John's interest in football. Michael believes that baseball is the better sport. As a result, Michael fires John. Assuming no other contractual relationship exists between John and his employer, John: a. is protected from wrongful discharge by the exception based on public policy. b. is protected from wrongful discharge by the exception based on contract theory. c. is protected from wrongful discharge by the exception based on tort theory. d. is not protected from discharge because he is an employee at will.

d. is not protected from discharge because he is an employee at will.

Executives at MegaCorp refuse to promote Nora, and then fire her, because of a preference to have only men in top leadership positions. Nora files a lawsuit against MegaCorp claiming sex discrimination. During the lawsuit, MegaCorp learns that Nora had been stealing company assets for five years. A possible outcome of this information may: a. not have any effect as such evidence is irrelevant in Title VII cases. b. ban Nora from filing a legal claim. c. shield an employer entirely from discrimination. d. limit the amount of damages for which the employer is liable.

d. limit the amount of damages for which the employer is liable.

Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church: a. can claim that Mohammed did not make out a prima facie case of illegal discrimination. b. can assert that its hiring practices are not intentionally discriminatory. c. can contend that the Equal Employment Opportunity Commission's (EEOC's) "eighty percent rule" is irrelevant when there is only one available job. d. may assert a bona fide occupational qualification (BFOQ) defense.

d. may assert a bona fide occupational qualification (BFOQ) defense.

Ernest signs a listing agreement with Lisa to sell his house. Before Lisa finds a buyer, the house is destroyed by flooding. In this case, the agency agreement between Ernest and Lisa: a. terminates based on war. b. terminates based on changed circumstances. c. continues in full force and effect. d. terminates based on impossibility.

d. terminates based on impossibility.