Week 3 practice Assignment, ETH/321: week 3 practice

Which of the following is NOT a case of negligence?

A butcher plays audio of howling dogs in the back of his shop to prank customers

Which of the following is true of defamation?

A defamation tort exists whether the defamatory information was spread accidentally or on purpose.

Based on the text what is a factor?

A person who controls and administers personal property and goods

What is the definition of Wildcat strike?

A strike not authorized by the union

With respect to labor unions, employers used __________ to halt early unionizing efforts.

All of the above

What is the definition of contributory negligence?

An employee caused his or her own injury

Which of the following classifies as a tort?

Assault

Which of the following would least likely qualify as trespass to chattel?

Borrowing your dad's car to get it waxed

Rank these types of crimes from most to least serious:

Capital, felony, misdemeanor, infraction

Jill and Carey have an agency relationship wherein Carey serves as an agent finding painting contracts for Jill. When Carey gets pregnant and wants to stop working for Jill:

Carey has a duty to finish residual obligations under the agency.

Ciro lives in a right-to-work state. He was recently hired at a new company. The union at the company is trying to get Ciro to join the union. Which of the following is true?

Ciro does not have to join the union.

DJ, an agent, is negotiating contracts for his boss's company. While in the course of seeking out contracts for his boss, DJ discovers a business opportunity that he would like to take advantage of. Which of the following is true?

DJ may take advantage of the opportunity as long as it does not conflict with the interests of his boss and the agency relationship.

Loreen is at work when a beam falls on her leg, injuring her. Workers' compensation entitles her to all but which of the following?

Full pay while she misses work

UrbanoCorp fires Alyssa, a 40-year-old employee. Which of the following is false?

If UrbanoCorp has more than 20 employees, it will have the burden of proving it had a legitimate reason for firing Alyssa.

Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injured when a part flies off the machine. If the former rule of privity of contract were in place, which of the following would be true?

Jill cannot hold the manufacturer responsible for her injury.

Damion works with Kimmie. In spite of the company's rules concerning sexual harassment, he attempted to inappropriately touch Kimmie several times, even though she repeatedly told him to stop. Kimmie does not complain to management but goes directly to suing the company for allowing the sexual harassment. Which of the following is true?

Kimmie's company is not liable for Damien's actions because Kimmie never complained or asked for a solution.

For years, Lily has been thinking up a plan to pull off a perfect bank robbery. She tells someone about her plans but never robs the bank. Which of the following is true?

Lily has not committed a crime because she never acted on her plan.

Wages and hours are considered a(n) __________ bargaining subject.

Mandatory

Which of the following would be considered a situation of illegal employment discrimination?

Marianne, who has a disability, is rejected from a job position because her employer has no experience accommodating persons with disabilities.

Marianna, a documented alien in the U.S., is rejected from employment because her valid papers are still on the way in the mail. Which of the following is true?

More than one response is correct.

Paige used up her 12 weeks of FMLA leave already this year in order to take care of her sick husband. If Paige herself gets a serious medical condition, which of the following is true?

More than one response is correct.

Which of the following is false concerning workers' concerted activity?

Only union members may engage in concerted activity.

Which of the following unambiguously qualifies as intrusion upon seclusion?

Opening a gate and taking a shortcut across private property on your way home from work

Quintin is a floor manager at a manufacturing plant. He oversees a diverse group of more than 50 employees. Based on what he feels are their natural abilities, Quintin has his African American workers on the assembly line, his white workers in Packing, and Hispanic workers in Receiving. Which of the following is true?

Quintin's work assignments are unallowable because they segregate and classify employees.

What is the result of frolic and detour?

Removes liability from an employer while an employee pursues personal interests

Which of the following was not an effect of the Norris LaGuardia Act?

Rules removing unionization activities from the Sherman Act prohibitions

Shane's business was recently forced by the OFFCP to enact an affirmative action plan in order to equalize the predominantly white workforce. Jerome, a minority member, applies for the job and is rejected. Which of the following is true?

Shane doesn't have to hire Jerome if Jerome doesn't meet the job's specifications

Shannah is a facilities coordinator working for a public university. She oversees a dozen employees doing custodial work and often ends up working over 40 hours per week. Which of the following is true?

Shannah may be paid with compensatory time.

Andy goes outside the duty of his agency and purchases some lavish equipment for his company. Which of the following is true?

Since Andy's purchases were extravagant, the company does not have to reimburse him.

Beau is on his way to his favorite toy store when two clowns step in his way and tell him that if he does not spend his money at the carnival instead of the toy store, they will take away his ice cream. Which of the following statements is true?

The clowns are interfering with a business relationship.

What is the definition of insanity as a defense to crime?

The defendant lacks understanding of what is right or wrong

What is the definition of mistake of law as a defense to crime?

The defendant's crime was committed with a misunderstanding or lack of awareness of the relevant law

While Levin is operating a crane at a construction site, he looks away to take a drink. When he looks up, he discovers that he swung a beam into the cab of the foreman's truck, which the foreman had left in a restricted area. The courts find that Levin is 80% responsible for the accident and the foreman is 20% responsible. Under the doctrine of contributory negligence:

The foreman cannot receive any damages because he is partially responsible for the accident.

Red is a union official. He is faced with a problem when a union member breaks a union bylaw. To address the union member's fault, Red and union officials meet together and decide to kick the union member out of the union. Which of the following is true?

The officials may discipline the union member after hearing his case.

What is the definition larceny in a business context?

Unlawful, permanent taking of personal property

What is the definition of fraud in a business context?

Use of false pretenses to obtain property