BLAW Final practice exam

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

The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the:

Equal Employment Opportunity Commission

The first federal law that specifically addressed equal employment issues was the:

Equal Pay Act of 1963

T/F: A corporate officer is not an agent for the corporation.

False

T/F: An independent contractor is an employer who controls his or her agent's performance.

False

T/F: An independent contractor's physical conduct is controlled, or subject to control, by his or her employer.

False

T/F: Before a principal can ratify a contract, the agent must withdraw from the deal.

False

T/F: Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.

False

T/F: Race can be a bona fide occupational qualification.

False

T/F: The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over eighteen.

False

T/F: The Civil Rights Act of 1964 prohibits job discrimination on the basis of experience.

False

T/F: To establish a prima facie case of discrimination under Title VII, a plaintiff must show that discriminatory intent motivated an employer's decision.

False

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.

The most important antidiscrimination employment law is:

Title VII of the Civil Rights Act of 1964

T/F: A fiduciary relationship involves trust and confidence.

True

T/F: An agency relationship can be formed without consideration.

True

T/F: An agency relationship may be created for any legal purpose.

True

T/F: An agent is authorized to act on behalf of a principal in doing business with third parties.

True

T/F: Employees who deal with third parties are agents of their employers.

True

T/F: Express authority is authority declared in clear, direct, definite terms.

True

T/F: If a principal does not ratify an unauthorized contract, the principal is not bound.

True

T/F: Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."

True

Partners in a partnership owe each other:

a fiduciary duty

A sexually hostile work environment is:

a form of sexual discrimination

Which of the following statement(s) is (are) 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 herself

Bubbly Soda Company hires Carlo to work on Bubbly's shipping dock, checking outgoing loads and dispatching Bubbly's drivers. With respect to Carlo, Bubbly is most likely

a principal

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

A general partnership is:

an association of two or more persons to carry on a business as co-owners for a profit

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

The governing committee of a corporation is the:

board of directors

Which of the following is not a duty owed by the agent to the principal:

compensation

A ____ is an artificial person, or legal entity, created under state law.

corporation

A complete termination comes about only after the partnership has been ____ and its affairs have been wound up.

dissolved

____ consists of oral or written instructions given by the principal to an agent.

express authority

T/F: A fiduciary relationship allows parties to avoid obligations without liability.

false

T/F: A principal owes an agent a duty of accounting

false

Title VII applies to employers with:

fifteen or more workers

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 which ever 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

A certification of incorporation from the government:

is necessary for a corporation to be recognized legally

Discrimination on the basis of sexual preference or sexual identity:

is not prohibited by Title VII of the Civil Rights Act

Individual states and cities:

may have civil rights acts that protect additional classes of employees not covered by Title VII

Limited partners are investors who:

may not participate in management of the business

An agency may be established by:

operation of law or by oral agreement of the parties or by written agreement of the parties

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

Reverse discrimination is:

preferential treatment of a protected class

Through an agency relationship, the agent becomes a representative of the:

principal

Which of the following statements about a corporation is true? Corporations are not entitled to constitutionally protected:

privileges against self-incrimination

The Equal Pay Act:

prohibits pay discrimination on the basis of sex

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 for 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 propriotor

Today a corporation must be created according to:

state law

In a sole proprietorship, the owner is:

the business

The rules that regulate and govern the internal operations of a corporation are known as:

the bylaws

To create a corporation:

the corporation's articles of incorporation are filed with the appropriate officer of the state

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

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

The ____ of partnership affairs involves completing any unfinished business and then collecting and distributing the partnership's assets.

winding up