FINA 2244 FINAL

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Which of the following is not an objective of the workers' compensation law?

to encourage the use of the federal court system to resolve the rights of injured employees

A random drug test for would be most likely to be justified by an employer for:

truck driver

A person designated by a principal to do all acts that can be legally delegated to an agent is a:

universal agent

When liability is imposed on the principal for the unauthorized torts of an agent, it is called:

vicarious liability

When a securities professional buys and sells excessive amounts of stock for a client's account to make extra large commissions from the trades she is:

none of the other choices

When a securities professional buys and sells excessive amounts of stock for a client's account to make extra large commissions from the trades, she is:

none of the other choices

When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must:

none of the other choices

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:

none of the other choices

The federal agency that has the most to do with regulation of the securities markets is the:

Securities and Exchange Commission

The main goal of the Clean Water Act of 1972 is to:

restore and maintain the integrity of the waters of the U.S.

Merrill Lynch and other brokerage firms, in an effort to reduce conflicts of interest inside the company, have established policies:

restricting trading in securities by analysts who comment on those securities

When the SEC reviews a prospectus for a new stock offering it may not:

rule on the merits of the offering

When a securities professional buys stock for her own account then urges investors to buy the same stock so that the price will rise and benefit her has engaged in:

scalping

The Clean Air Act requires the EPA to:

set pollution standards and enforce cooperation among the states on the issue of air pollution control

In Japan, as compared to the U.S., administrative agencies exert:

strong regulatory control over business

A red herring:

is a preliminary version of a prospectus

Administrative agencies at the state level do not issue licenses.

FALSE

Biotechnology products are subject to regulation under:

TSCA

Which of the following is not a major pollutant regulated by the Clean Air Act:

carbon dioxide

Fraud in securities dealings may be litigated under:

common law fraud rules or SEC Rule 10b-5

The FDA began issuing regulations for nutrition labeling in: a. 1909 b. 1940 c. 1970 d. 1973 e. 1990

Administrative agencies engage in rulemaking to:

develop regulatory policies

A debt is a financial obligation a firm. It is:

often incurred by selling bonds

A legal document that establishes some agency relationships is known as:

power of attorney

Fraud in securities dealings may be litigated on the basis of:

SEC Rule 10b-5

A public nuisance is:

an unreasonable interference with a right held by the general public

In reviewing informal agency procedures, the courts are generally most concerned about:

whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress

Under SEC rules, a "private company" is a company:

with fewer than 500 shareholders and shares not openly traded

The Taft-Hartley Act does not prohibit unions from which activity:

working to expand union activity to more bargaining units

An airline hired new flight attendants when current attendants went on strike when the collective bargaining agreement ended. When the strike was over, the airline only called back a few of the attendants who had been on strike. The union claimed the striking attendants had to be rehired with seniority and the new flight attendants fired. About the replacement workers, you would expect the court held the union was:

wrong; the airline had acted within its rights

In an action alleging environmental damage, by use of the common law of trespass, the plaintiff must show that the:

"invasion" of the plaintiff's property by the defendant's pollution is physical

The elimination of CFCs (cloroflourocarbons) to protect atmospheric ozone cost the world economy an estimated:

$200 billion

About how many federal agencies share the responsibility for regulating various aspects of business activity?

The Sunshine Act requires that agencies announce their meetings at least ______ in advance.

7 days Meetings must be announced one week in advance.

A share of stock represents the right to:

a share of future profits of a firm

The definition of securities subject to federal regulation is:

none of the other choices

Which of the following is not a major pollutant regulated by the Clean Air Act:

dihydrogen monoxide

worker's compensation law:

none of the other choices

The idea behind the disclosure provisions contained in federal securities law is that:

none of the other choices

The intent of the Norris-La Guardia Act was to:

none of the other choices

The law of agency places its primary emphasis on the duties:

none of the other choices

The primary purpose of RCRA's manifest system is to:

none of the other choices

To comply with the Clean Water Act, businesses that discharge wastes into a waterway must:

none of the other choices

Under federal immigration law all:

none of the other choices

Under the doctrine of riparian water law, persons living along a body of water:

none of the other choices

When the Consumer Credit Protection Act was passed in 1968 there was about outstanding. a. $100 billion b. $300 billion c. $1 trillion d. $2.5 trillion e. $5 trillion

Specific act(s) not subject to court injunctions under the Norris-La Guardia Act is (are):

all of the other choices

Which of the following is a global environmental issue?

all of the other choices

The Investment Company Act (ICA):

all of the other choices apply under the ICA

Under the Landrum-Griffin Act:

all of the other choices are provided for in the Act

After a rule is published, what is the next step in the rulemaking process?

A public comment period is held. After a rule is published, there is a period for public comment on the proposed rule.

Under the Administrative Procedures Act, Congress has the authority to cancel an agency's final rule if all of the following conditions are met except:

A. both houses agree. B. a resolution to overrule is passed within 60 days. C. there is no judicial challenge from the courts within 60 days. D. the overruling resolution is presented to the president. The APA does not require a lack of judicial challenge to overrule an agency's final rule.

Which of the following is not an administrative agency function?

A. policymaking ....B. creating statutes C. licensing and permitting D. investigation and enforcement Statutes are written by Congress. Agencies write regulations.

Disputes on matters under an agency's jurisdiction are adjudicated:

Agencies with adjudication powers conduct administrative law hearings using employee administrative law judges.

What must an agency do to conduct an inspection of a business without permission from the owners?

An agency must obtain an administrative warrant. An agency must have a warrant to conduct an involuntary inspection.

In Trinity Marine Products v. Secretary of Labor Elaine Chao, Trinity Marine turned away OSHA compliance officers who had come to conduct an inspection. OSHA obtained an administrative warrant and came back with federal marshals. Trinity officials allowed the search under protest and later filed suit alleging that the warrant had been obtained without probable cause. The court held that the probable cause standard for administrative warrants is:

B. lower than that for criminal warrants and the warrant could be executed using a reasonable degree of force. The court held that the probable cause standard was lower and that the case allowed administrative warrants to be executed using a reasonable degree of force.

What step comes directly prior to public comment in the rulemaking process?

B. proposed rule publication Publication places the public on notice, and then public comment is permitted.

What must Congress do first to establish an administrative agency?

C. enact an enabling statute The act that establishes an administrative agency is called an enabling statute.

The rulemaking requirement that an agency does not need to publish revised rules for comment unless they are radically different from the original is known as the:

C. logical-outgrowth test. Publication and a second comment period will be waived if the rule change is a logical- outgrowth of the original rule.

Courts have a clear power to set aside an agency's actions. They tend to use this power:

C. sparingly. Courts respect that judicial deference to administrative agencies is an important part of administrative law.

What is the name of the test used by the courts to analyze the validity of an agency's statutory interpretation and action?

Chevron test The Supreme Court laid out the test in the Chevron case in 1984.

Regulatory agencies engage in rulemaking. This authority comes primarily from:

Congress, under the Commerce and Necessary and Proper Clauses

Under the 1990 Clean Air Act:

Correct Congress required further reductions in the emission of toxic pollutants

Which of the following is not a major source of administrative law?

D. public opinion Public opinion plays only a minor role as a source of administrative law.

Which of the following would be a "red flag" under the FTC's Red Flag Rule: a. an alert from a consumer reporting agency b. a suspicious document related to credit accounts c. a notice from a customer about possible identity theft d. a peculiar address e. all of the other specific choices are correct

To grow cranberries, Eva used a wet area on her property. When cranberries were linked to cancer and the market for cranberries collapsed, Eva wanted to drain the wet area to be able to raise goats because goat cheese is popular. To make this change Eva must:

Eva does not need any permits; she may change her farm however she wants

Administrative warrants are held to the same probable cause standard as criminal warrants.

FALSE Administrative warrants are held to a lower probable cause standard.

Administrative agencies are not empowered to hear cases of alleged violations of their regulations and must depend on the courts for adjudication.

FALSE Agencies are given the power of adjudication.

Citizen suits may be brought against an agency but may not be brought against a private party.

FALSE Citizen suits may be brought against an agency and/or a private party for failing to act consistently with the enabling statute requirements.

Congress has no power to remove an agency head.

FALSE Congress may impeach and then remove an agency head.

Courts are highly critical of agency decisions involving how and when an agency enforces a regulation.

FALSE Courts give great deference to agencies in these decisions.

The SEC's issuing of licenses to individuals to trade stocks is not an agency function because it is regulating individuals and not businesses.

FALSE License issuing is a primary function of an agency and may be required for both individuals and businesses.

Mike believes that his neighbor Stephanie has been dumping sewage on her property. After the Environmental Protection Agency conducts its investigation, Mike is permitted, under the Sunshine Act, to attend the meeting called to discuss the results of the investigation.

FALSE Meetings regarding investigatory matters are not required to be open to the public under the Sunshine Act.

The Sunshine Act requires that consultation meetings be open to the public.

FALSE Meetings that are purely consultative in character are not open to the public.

Most agencies do not have an enforcement division to investigate violations of the regulations, and they rely on the Department of Justice for this function.

FALSE Most agencies have a division devoted to enforcing their rules and regulations.

For the last several decades, U.S. presidents have declined to exercise direct power over the agencies.

FALSE Presidents frequently have been exercising direct power to accomplish their own public policy objectives.

Substantial modifications to proposed rules may be published without going through the entire rulemaking process again.

FALSE Substantial changes do not meet the logical-outgrowth test and must go through the public comment period.

Informal rulemaking is not permitted under the Administrative Procedures Act.

FALSE The APA permits informal rulemaking.

The Supreme Court has held that agencies have very narrow discretion regarding when and whom to regulate.

FALSE The agencies generally have broad discretion.

Courts apply the logical-outgrowth standard when reviewing a challenge of a rule from an adversely affected party.

FALSE The court uses an arbitrary and capricious standard to evaluate challenges to final rules.

The substantial evidence test is applied by the courts to determine whether or not the agency's actions were lawful with regard to investigations and licensing.

FALSE The substantial evidence test applies in a few cases where the formal rulemaking process was required by the enabling statute.

Citizen suits may be used to attack the substance of an administrative regulation that has been properly promulgated.

FALSE These suits may be used only to compel an agency to act in a manner consistent with the enabling act or other federal statutes.

Records of agency personnel matters are open to the public under the Freedom of Information Act.

FALSE This is one of the exceptions to open records under FOIA.

Once public debate and comment are concluded, an agency will publish the final rule and its effective date in the:

Federal Register. Final versions of agency rules are published in the Federal Register. Once the rule becomes effective, it becomes part of the CFR.

The Supreme Court established guidelines for lower courts on applying the arbitrary and capricious standard in which case?

Motor Vehicle Manufacturing Association v. State Farm Mutual Automobile

The federal labor code, which consists of various major pieces of legislation is generally referred to as the:

National Labor Relations Act

____ is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking.

None of the other choices

What is true about the operation of the Occupational Safety and Health Act?

OSHA relies on administrative warrants to inspecting worksites and OSHA fines on employers may be in the millions of dollars and OSHA has authority to issue health standards for industry

The SEC rule that requires public companies to release material information to the public rather than release the information on a selective basis such as in meetings with security analysts is called:

Regulation Fair Disclosure (FD)

The SEC rule that requires public companies to release material information to the public rather than release the information on a selective basis, such as in meetings with security analysts, is called:

Regulation Fair Disclosure (FD)

The securities registration process requires all the following information to be provided to prospective investors except:

SEC analysis of the offering

What is the first step in the agency rulemaking process?

Study and research the alternatives. In the initial step in the rulemaking process, the agency studies the various goals set by Congress and researches the alternatives.

A business that is subject to an agency's jurisdiction is required to turn over documents relevant to determining compliance with a particular rule.

TRUE

Publishing a new rule in the Federal Register is the first step in the rulemaking process after research and study are performed.

TRUE After research and study are completed, a proposed rule is drafted and published, thereby putting everyone on notice.

Agencies tend to employ large numbers of attorneys to make sure that the rulemaking process is legally compliant.

TRUE Agencies employ many attorneys to make sure their rules are valid.

Agencies can monitor compliance with their regulations through inspection of business facilities under their jurisdiction.

TRUE Agencies may conduct inspections as part of their enforcement duties.

The powers of an administrative agency to carry out the enabling statute are exercised through rulemaking, enforcement, licensing, and adjudication.

TRUE All of these powers are generally given to an agency to carry out its duties.

Once a business is licensed, an agency may fine it for any violation of agency regulations.

TRUE An agency may impose fines or restrictions for regulation violations.

Most of the common law that regulated administrative law has been codified in the Administrative Procedures Act.

TRUE Common law used to regulate agencies before the enactment of the APA.

States often have their own versions of federal administrative agencies.

TRUE State administrative law is very similar to the federal scheme.

Congress has oversight over administrative agencies through the Senate's power of advice and consent.

TRUE The Senate has the power of advice and consent in the appointment of certain high-ranking agency officals

An agency's prosecutorial discretion is seen as practically unreviewable by the judiciary.

TRUE The courts give agencies broad discretion regarding whom they may regulate.

Certain businesses are classified as pervasively regulated, and there is an exception to the warrant requirement when the agency is conducting regularly scheduled inspections.

TRUE The fact that the agency highly monitors a highly regulated industry on a regular basis and conducts frequent inspections will negate the warrant requirement.

Agencies are frequently charged by Congress to study potential solutions to a problem and then exercise legislative function by creating legally enforceable rules.

TRUE This is one of the rulemaking functions of agencies.

A major notable expansion in administrative agencies came during which period:

The Great Depression

An unfair labor practice case is decided by the National Labor Relations Board. If one of the parties to the case is unhappy with the decision or refuses to comply with the order, the appeal will go to:

U.S. Court of Appeals

The first phase of the National Labor Relations Act is known as the:

Wagner Act

160. Jim Crow laws were federal and state laws that: a. supported, and even required, racial segregation and labor market discrimination b. restricted racial segregation and labor market discrimination c. restricted unions' ability to discriminate based on sex d. restricted unions' ability to discriminate based on race e. none of the other choices are correct

165. The Equal Pay Act of 1963 was: a. the first federal employment discrimination statute b. the most recent federal employment discrimination statute c. the first state employment discrimination statute d. a major setback for supporters of antidiscrimination legislation e. none of the other choices are correct

192. Title VII of the Civil Rights Act does not apply to which of the following: a. business relationships b. employment agencies c. labor unions in the private sector d. law firms e. Title VII applies to all of the other specific choices

193. Title VII of the Civil Rights Act does not apply to which of the following: a. selection of independent contractors b. employment agencies c. labor unions in the private sector d. law firms e. Title VII applies to all of the other specific choices

205. The preferential treatment of members of protected classes is: a. reverse discrimination b. irrational discrimination c. legal discrimination d. equalizing discrimination e. guilt-driven discrimination

207. Employers may legally see to it that more minorities or women are hired without committing reverse discrimination if: a. minorities or women are underrepresented in a certain job category b. minorities or women comprise more than 75% of the company c. there is a union for the unprotected classes of workers d. the minority or female candidates are less qualified than the candidates from unprotected classes e. none of the other choices are correct

211. Under Title VII, color refers to: a. the shade of a person's skin b. a person's race c. a person's national origin d. a person's sexual orientation e. none of the other choices are correct

215. Under Title VII, national origin refers to: a. the country where a person is born or the country from which his or her ancestors came b. the country where a person lives c. the color of a person's skin d. the religion of a person's ancestors e. the country a person most recently lived in

223. Which of the following is one of the most common claims of religious discrimination in the workplace: a. the employer will not allow the employee to take time off work to attend religious services b. the employer makes derogatory remarks about the employee's religion c. the employer refuses to acknowledge the employee's religion d. the employer requires the employee to contribute to a religious charity e. the employer does not allow the employee to convert other employees to his religion

225. If a person suffers discrimination because of race and because of religion, he may file a complaint of: a. intersectional discrimination b. intrasectional discrimination c. real discrimination d. double discrimination e. super discrimination

226. Equal Employment Opportunity law does not apply to: a. non-U.S. citizens working for U.S. companies in other countries b. non-U.S. citizens working for U.S. companies in the U.S. c. U.S. citizens working for U.S. companies in other countries d. U.S. citizens working for U.S. companies in the U.S. e. Equal Employment Opportunity law does not apply to any of the other choices

227. In relation to the term "sex discrimination:" a. courts have played a major role in defining the term b. Congress carefully defined the term in Title VII c. the Executive branch has crafted many opinions on the subject d. courts have played a major role in defining the term and the Executive branch has crafted many opinions on the subject e. none of the other choices

231. Ernie the Employer allows John to work overtime every week, but refuses to let Sally work overtime at all. Sally can most likely: a. complain of sex discrimination b. complain of religious discrimination c. do nothing, Ernie can do as he pleases d. do nothing because, in practice, women never win sex discrimination cases e. none of the other choices are correct

240. A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer: a. can dismiss her for taking off too much time b. must give her additional time off, with pay, only if there is medical evidence that it is necessary c. must give her additional time off, with pay, by extending her sick time and leave time, as required by law d. must give her additional time off, with pay, if she requests it, so long as she is pregnant e. none of the other choices

241. A woman has a difficult time with her pregnancy. She uses up all her paid leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer must give her additional time off, if requested: a. without pay under the Family and Medical Leave Act b. with pay, only if there is medical evidence that it is necessary c. with pay, by extending her sick time and leave time, as required by law d. with pay, if she requests it, so long as she is pregnant e. none of the other choices

247. A sexually hostile work environment is: a. a form of sexual discrimination b. a form of pregnancy discrimination c. not a legally defined term d. not related to antidiscrimination laws e. something employees must just learn to deal with

265. As seen in Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, same-sex harassment is: a. prohibited by Title VII when it is motivated by the sex of the victim b. not prohibited by Title VII when it is motivated by the sex of the victim c. prohibited by Title VII when it is motivated by the age of the victim d. legal in some states, but not others e. none of the other choices are correct

286. Under federal law, if a person wishes to file a discrimination charge they must file within 180 days of an alleged discriminatory event. State law: a. often extends this to 300 days b. often reduces this to 100 days c. often extends this to 365 days d. often reduces this to 60 days e. cannot extend or reduce this time

287. If the EEOC investigates a discrimination claim and finds no reasonable cause: a. it will dismiss the charge b. it will pass the charge on to the Supreme Court c. it will fine the employer, but not send the case to court d. it will issue a right to sue letter e. it will fine the plaintiff

297. Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks; they display pornographic materials in the offices; and harass her while she is working. After putting up with this for a year, Lucy quit in disgust. She may sue under Title VII based on: a. constructive discharge b. remedial standards c. bona fide occupational qualification d. disparate impact e. remedial standards and disparate impact

301. Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal: a. disparate treatment b. dissolute impact c. paternalism discrimination d. mixed motives discrimination e. despotism

303. Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white clients and Hispanic salespersons to Hispanic clients. This makes commissions to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are: a. illegal disparate treatment under Title VII b. illegal only if the salespersons earn different wages c. legal if the salespersons of all races have approved the market division d. legal since the effect is to raise gross income on the affected group e. legal since the interests of the customers is the same as the interests of the firm

309. In McDonnell-Douglas Corp. v. Green, the Supreme Court established a four-part test that a plaintiff must meet to establish: a. a prima facie case of employment discrimination b. a per se case of employment discrimination c. a rule of reason case of employment discrimination d. a case of reverse discrimination e. none of the other choices

313. The four-part test that the plaintiff in a disparate treatment case must meet to provide a prima facie discrimination case was established by: a. the Supreme Court in the McDonnell-Douglas decision b. the President in the Title VII Amendment of 1992 c. Congress in the McDonnell-Douglas decision d. Congress in the Title VII Amendment of 1992 e. the Supreme Court in the Swierkiewicz v. Sorema decision

325. In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court held that: a. Heartland's proffered reason for Lewis's termination was pretextual and the district court's ruling for Heartland should be reversed b. Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling against Heartland should be reversed c. Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling for Heartland should be reversed d. Heartland's proffered reason for Lewis's termination was sufficient explanation for her termination e. Lewis could not sue for sex discrimination since the person who fired her was also a woman

428. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services: a. swimming b. speaking c. walking d. seeing e. all of the other specific choices are major life activities

Which of the following is an example of a class III medical device: a. bandages b. wheelchairs c. x-ray machines d. surgical materials e. bone implants

327. In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court applied: a. the four-part framework from the McDonnell-Douglas decision for making a prima facie case b. the four-part framework from the Constitution for making a prima facie case c. the standard Title VII test for discrimination d. the two-part framework from the Sullivan-Douglas decision for making a sex discrimination case e. the National Discrimination Standard

338. In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where harassment in the workplace is "so intolerable as to cause a resignation": a. constructive discharge is the same as being fired for an illegal reason b. constructive discharge is not the same as being fired for an illegal reason c. constructive discharge is legal d. the employee cannot sue for constructive discharge because she did not remain on the job while seeking redress e. the employer is automatically liable for no less than three months of wages

341. Disparate impact discrimination cases are ____ than disparate treatment cases. a. more complex and less common b. more complex and more common c. less complex and more common d. less complex and less common e. none of the other choices are correct

346. Which of the following is NOT an issue in a disparate impact discrimination case: a. proof of intent to discriminate b. existence of rules or practices that affect members of a protected group differently than other workers c. justification by business necessity or valid job requirements of rules or practices that affect members of a protected group differently than other workers d. all of the other specific choices are not issues in a disparate impact discrimination case e. all of the other specific choices are issues in a disparate impact discrimination case

358. Employment practices that discriminate against some employees must ____ to be legal. a. meet the business necessity test b. meet the impartiality test c. meet the anti-discrimination test d. meet the equality of gender test e. none of the other choices are correct

361. Title VII allows what major defenses to employment discrimination charges? a. professionally developed ability tests, seniority or merit systems, and BFOQ b. professionally developed ability tests, BFOQ, and unintentional disparate treatment c. seniority or merit systems, BFOQ, and more than de minimis costs d. professionally developed intelligence tests, BFOQ, and more than de minimis costs e. none of the other choices

367. Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a court would find that Charles: a. is wrong; he has illegally discriminated b. is wrong, based on the merit system doctrine c. is correct, minority employers can take into account customer preferences as a BFOQ d. is correct, based on affirmative action e. is correct, based on the Fourteenth Amendment

379. Sex, religion and national origin, but not race, can be a: a. bona fide occupation qualification b. reason for a discrimination claim c. reason to fire an employee d. all of the other specific choices are correct e. none of the other specific choices are correct

385. The pay that an employee would have earned from the date the discrimination began or the difference between the pay received and what should have been received is known as: a. back pay b. punitive damages c. front pay d. compensatory damages e. none of the other choices are correct

393. Under Executive Order 11246, large government contractors must: a. adopt affirmative action programs b. adopt disparate action programs c. ignore affirmative action programs d. fund education opportunities for minorities e. none of the other choices are correct

397. The mandatory analysis comparing the percent of minorities and women in the community in each job category with the percent employed by a government contractor is known as: a. an underutilization analysis b. a workforce analysis c. a contractor analysis d. a government contractor analysis e. an affirmative action analysis

404. In U.S. v. Paradise, involving the hiring of black troopers by the Alabama highway patrol, the Supreme Court: a. affirmed a hiring goal on promotions, as long as qualified black candidates were available b. agreed that the remedy proposed by the lower court was discriminatory to whites c. reversed the lower court's hiring quota based on race remedy as being too vague d. held that applicants scoring highest on employment tests must be hired regardless of race e. none of the other choices

406. One of the main purposes of an affirmative action program is: a. to allow an employer to correct for underrepresentation b. prevent reverse discrimination c. maintain the status quo of a company d. all of the other specific choices are correct e. none of the other specific choices are correct

407. A county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. To accomplish its goal, the County hired a qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the program was discriminatory. You would expect the Supreme Court held that this action was: a. a legitimate affirmative action program b. legal if the county could demonstrate that the woman was better qualified than the man c. legal only if the county adopted a program with specific clearly specified quotas d. illegal because the affirmative action program had not been approved by the EEOC e. illegal because of reverse sex discrimination

421. The Americans with Disabilities Act applies to employers with: a. fifteen or more employees b. twenty or more employees c. twenty-five or more employees d. fifty or more employees e. all employers, regardless of the size of their workforce

424. A person who has a physical or mental impairment which substantially limits one or more of such person's major life activities is defined as ____ by the Rehabilitation Act and the Americans with Disabilities Act. a. a person with disabilities b. a person with special needs c. a person with unreasonable needs d. a person with reasonable needs e. a person with employment issues

429. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services: a. running a mile in under 6 minutes b. speaking c. walking d. seeing e. all of the other specific choices are major life activities

438. Under the Americans with Disabilities Act, a person who has a physical or mental impairment that does not substantially limit major life activities but is treated by the covered entity as constituting such limitation: a. is regarded as having a disability b. has no claims regarding disabilities c. can sue for intelligence discrimination d. is not regarded as having a disability e. can be paid less than other employees

443. Which of the following is NOT a reasonable accommodation required of employers under the Americans with Disabilities Act: a. redesigning a factory at high cost b. job restructuring c. providing readers to blind employees d. modifying equipment e. all of the other specific choices are reasonable accommodations

445. An employee who works at a grocery store for many years as a checkout clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing keys on the cash register for so long. Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will: a. have the suit dismissed as she is not disabled for other employment b. be granted damages equal to the pay she would have collected had she remained at her position until retirement c. be granted whatever amount of damages the jury wishes to award d. be granted another position in the store as soon as one become available; she must be given priority in hiring e. be ordered reinstated into her previous job with an assistant to run the register (an accommodation)

453. Kelsey is being interviewed for a job and she volunteers that she has diabetes and has to occasionally take breaks to give herself insulin shots. The interviewer asks her how often she needs to take these breaks and how long the breaks take. These questions are: a. not illegal under the Americans with Disabilities Act b. illegal under the Americans with Disabilities Act c. illegal in California, but not in other states d. illegal if the interviewer is a man, but not if it is a woman e. none of the other choices are correct

A is an instrument, machine, implant, or other article used in the diagnosis or treatment of a disease in humans or animals. a. medical device b. medical instrument c. surgical tool d. drug device e. none of the other choices are correct

A company advertises that test driving a car from New York to Los Angeles got 35 miles per gallon. That is true, but the mileage was achieved by carefully driving at the speed limit, which resulted in better mileage than the ordinary driver gets. Under the FTC deception policy, this ad is: a. not deceptive; because most consumers understand that test mileage is not the same as regular highway driving b. not deceptive by definition if the company can provide documents that show that the tests were accurate c. deceptive because the ad omits important facts and fails to provide full information d. deceptive because the ad will mislead consumers who do not know how such mileage tests are conducted e. none of the other choices

A company mails consumers cards telling them they have won valuable prizes. When a consumer attempts to collect her prize, she discovers that she must pay $500 to collect the goods. In this case the FTC is likely to: a. seek a consent decree to end the practice b. only allow consumers to use credit cards, not cash, to purchase the goods c. have nothing to do with this case, it falls with the jurisdiction of the FBI d. any of the other choices e. none of the other choices are correct

A material deception is one that: a. is likely to be misleading to the detriment of consumers b. involves the material used to make the product c. involves the production process d. leads the consumer to believe the product is cheaper than it is e. none of the other choices are correct

Applicants who want to sell a drug in the U.S. market must: a. submit evidence that the drug is safe for its intended use b. pay a fee c. submit evidence that the drug is reasonable for its intended use d. make the drug affordable for everyone who needs it e. none of the other choices are correct

Buffo will cure your headache" the ad reads. Buffo, like other pain relievers, helps most people feel better, but it does not cure headaches, it just helps hide the pain, and it does not prevent future headaches. Under the FTC deceptive advertising standard, this ad is: a. not deceptive because most people understand how medicine like Buffo works b. not deceptive only if the company can document that Buffo in fact does cure headaches c. deceptive because products involving medicines must have very accurate ads d. deceptive because it will mislead reasonable consumers as to the true nature of the product e. none of the other choices

Congress enacted a major financial reform bill in 2010, popularly known as: a. the Dodd-Frank Act b. the Wall Street Act c. the Financial Crisis Act d. the Business Regulation Act e. the Patriot Act

Credit bureaus are regulated by: a. the Fair Credit Reporting Act b. the Legitimate Credit Reporting Act c. the Credit CARD Act d. Congress e. none of the other choices are correct

Credit discrimination on the basis of race, sex, color, religion, national origin, marital status, receipt of public benefits, the good-faith exercise of the applicant's rights under any part of the CCPA, or age is prohibited by: a. the Equal Credit Opportunity Act b. the Fair and Just Credit Opportunity Act c. the Fair Credit Opportunity Act d. the Justified Credit Opportunity Act e. the Good-faith Credit Act

False advertising cases brought by private parties under the Lanham Act: a. often yield far more expensive results than most FTC advertising cases b. rarely yield more expensive results than most FTC advertising cases c. are processed more quickly and cheaply than most FTC advertising cases d. are rare in the United States e. are held to a different standard than FTC cases

Garnishing the wages of a debtor refers to the practice of: a. setting aside a portion of a debtor's wages to pay a creditor b. supplementing the wages of a debtor on welfare c. illegally increasing a debtor's earning so he can pay a creditor d. temporarily increasing a debtor's wage so he can pay a creditor e. none of the other choices are correct

In Chuway v. National Action Financial Services, where Chuway received a letter from debt collector National that requested payment of the amount she owed on a debt, the appeals court held that the debt collector used: a. inaccurate terms about the balance due, and so violated the FDCPA b. abusive language in the letter, and so violated the FDCPA c. technical terms that an ordinary consumer could not understand, a violation of the FDCPA d. language that was a bit technical, but the meaning was clear to a reasonable person, so there was no violation of the FDCPA e. none of the other choices

Most deceptive advertising cases are settled by: a. the advertiser agreeing to stop making false claims b. the advertiser paying a fine and continuing to make false claims c. lengthy and expensive court cases d. the advertiser going to jail e. none of the other choices are correct

Most states have statutes that: a. allow consumers or the attorney general to sue for deceptive business practices b. allow consumers to sue for deceptive business practices c. allow the attorney general to sue to deceptive business practices d. automatically incorporate Trade Regulations Rules into state law e. none of the other choices

One reason foreign countries adopt FDA standards for drug production is that they want to: a. export their products to the U.S. b. export their products to the EU countries c. import drugs from the U.S. d. maintain a reputation for low-cost drugs e. export their products to the EU countries and import drugs from the U.S.

Prescription drugs can only be bought at: a. a pharmacy, with a physician's permission b. a pharmacy, if the consumer is over 18 c. a pharmacy, if the consumer is over 21 d. a licensed dealer e. an herbal remedies shop

Prior to the Food and Drug Administration's creation in 1927, the administered the Food and Drug Act. a. Bureau of Chemistry of the Department of Agriculture b. Bureau of Land Management c. Bureau of Food and Drug Regulation d. Bureau of Consumables of the Department of Agriculture e. Bureau of Food of the Department of Agriculture

Regulation E was written by the Federal Reserve Board to implement the: a. Electronic Fund Transfer Act b. Electronic Money Act c. Electronic Banking Act d. Wire Transfer Act e. ATM and Debit Card Act

The to the Food and Drug Act gave the FDA authority for the first time to approve drugs based on their proven effectiveness. a. Kefauver Amendment of 1962 b. Food, Drug and Cosmetics Amendment of 1964 c. Effectiveness Amendment of 1962 d. Madison Amendment of 1962 e. Drug Efficacy Amendment of 1964

The 1962 Kefauver Amendment to the Food and Drug Act gave the FDA authority for the first time to: a. approve drugs based on their proven effectiveness b. license the use of drugs in physician offices c. determine which drugs are to be prescription drugs d. approve drugs based on their safety e. none of the other choices

The Consumer Leasing Act applies to consumer leases for all of the following except a lease: a. of living room furniture for two months b. of a car for two years c. of a computer for a year d. of a big-screen television for six months e. all of the other choices are covered if for personal use

The Electronic Fund Transfer Act concerns liability limits for stolen ATM cards. Which statement is correct about maximum consumer liability: a. $50 if the financial institution is notified within 2 days b. $100 if the financial institution is notified within 3 business days c. $250 if the financial institution is notified within 5 days d. $500 if the financial institution is notified within 7 business days e. none of the other choices

The FTC sued the company that produces "Hooked on Phonics." The company claimed its products could teach users, even learning disabled users, how to read. In this case: a. the company had to stop making such unsubstantiated claims b. the company proved that its products did what they claimed, so the ads were allowed c. the company won a cease-and-desist order against government harassment d. the company proved that its products did what they claimed, so the ads were allowed and the company won a cease-and-desist order against government harassment e. none of the other choices

The FTC's Disposal Rule: a. applies to both electronic and paper documents b. applies to electronic, but not paper documents c. applies to paper, but not electronic documents d. cannot apply to electronic documents because there is really no way to destroy an electronic document e. none of the other choices are correct

The Fair Credit Billing Act: a. prohibits the mailing of unsolicited credit cards b. holds that if a consumer notifies a credit card company in a timely fashion that a card has been stolen there is no liability for unauthorized charges c. holds that a consumer must pay credit card companies the disputed amount but disputes must be resolved in 180 days d. prohibits the mailing of unsolicited credit cards and holds that if a consumer notifies a credit card company in a timely fashion that a card has been stolen there is no liability for unauthorized charges e. none of the other choices

The Federal Trade Commission investigates: a. unfair and deceptive practices b. tax evasion practices c. profitable practices d. legal practices e. drug development

The Food Additives Amendment to the Food, Drug and Cosmetic Act is known as: a. the Delaney Clause b. the Harrison Clause c. the Additive Clause d. the Preservative Clause e. the Additive Substances Clause

The Food Quality Protection Act expanded FDA jurisdiction to: a. pesticides used in food production b. veterinary products c. pesticides used in textile material production d. dog food e. all of the other specific choices are correct

The Food Quality Protection Act's definition of "reasonable certainty of no harm" means that there is any source that affects foods, raw or processed. a. no more than a one-in-a-million lifetime chance of cancer b. no more than a one-in-ten lifetime chance of cancer c. no chance of cancer under any circumstances d. a minimal chance of cancer for otherwise healthy people e. none of the other choices are correct

The Food, Drug and Cosmetic Act of 1938 expanded the FDA's powers to include the power to allow it to do which of the following: a. classify unsafe foods b. regulate costs of essential food items c. require quotas of essential food items to be produced d. require quotas of essential drugs to be produced e. all of the other specific choices are correct

The Food, Drug and Cosmetic Act of 1938 expanded the FDA's powers to include the power to allow it to do which of the following: a. prohibit false advertising of drugs b. regulate costs of essential food items c. require quotas of essential food items to be produced d. require quotas of essential drugs to be produced e. all of the other specific choices are correct

The Food, Drug and Cosmetic Act of 1938 expanded the FDA's powers to include the power to allow it to do which of the following: a. set the safe levels of additives in foods b. regulate costs of essential food items c. require quotas of essential food items to be produced d. require quotas of essential drugs to be produced e. all of the other specific choices are correct

The Nutrition Labeling and Education Act applies: a. to more than 250,000 products b. only to nutritional supplements such as herbal remedies c. primarily to foods with a high-fat content d. only to "inorganic" produce e. only to nutritional supplements such as vitamins

The R-value Rule is: a. a FTC trade regulation rule regarding insulation b. a FTC standard for measuring a business's profits c. a FTC standard for advertising carpet thickness d. a FTC standard regarding vitamin levels in cereals e. none of the other choices are correct

The Truth-in-Lending Act applies to which of the following transactions? a. a department store gives you $3,000 credit for furniture purchases b. you purchase and get an $85,500 loan for a condo c. your friend loans you $4,000 d. none of the other choices e. all of the other specific choices

The first law under the Consumer Credit Protection Act was: a. Truth-in-Lending Act (TILA) b. Fair Credit Reporting Act c. Equal Credit Opportunity Act d. Electronic Funds Transfer Act e. none of the other choices

The government agency charged with monitoring food and drug safety is the: a. Food and Drug Administration b. Food Safety Administration c. Food and Drug Regulation Agency d. Food and Dangerous Drug Administration e. Consumable Products Administration

The primary concern of the Fair and Accurate Credit Transaction Act is to: a. help deal with identity theft b. help deal with low credit scores c. help minority groups get credit cards d. help students improve their credit ratings e. none of the other choices are correct

The shields drug manufacturers from liability in cases where doctors misuse drugs. a. learned intermediary doctrine b. medical intermediary doctrine c. misuse doctrine d. professional intermediary doctrine e. physician intermediary doctrine

To address the issues of consumers being unable to get creditors to correct inaccurate or unauthorized charges that appeared on their bills and credit cards being sent to people who did not request them the FTC passed the: a. Fair Credit Billing Act b. Legitimate Credit Billing Act c. Real Credit Billing Act d. Fair Credit Regulation Act e. Consumer Credit Protection Act

Truth in lending refers to the requirement that creditors: a. must disclose all relevant terms in credit transactions b. must not use sex or race to determine a person's creditworthiness c. must not use abusive debt collection techniques d. all of the other specific choices are correct e. none of the other specific choices are correct

Under the Consumer Leasing Act, which of the following must be given before a consumer becomes obligated under a lease? a. the identity of the party responsible for maintaining the property b. the name of the leaser's agent who is authorized to sign the lease c. the name of the leaser's bank d. the address and relation of the leaser's credit agency e. all of the other choices must be provided

Under the Equal Credit Opportunity Act, lenders can: a. not discriminate on religion even if people of that religion frequently default on their loans b. discriminate against persons who receive welfare c. discriminate against persons because of race d. not discriminate against persons with low income e. not discriminate by charging different debtors different interest rates

Under the FTC's Mail-Order Rule: a. shipping dates must be stated on offers b. shipment date is entirely up to the seller c. if goods cannot be shipped on time, the price must be lowered d. if goods cannot be shipped on time, the company must pay the customer a fee e. none of the other choices are correct

Under the FTC's Used Car Rule the Buyer's Guide must contain: a. prominent statement of whether the dealer is selling the car "as is" and, if so, that the consumer must pay for any repairs needed after buying the car b. the color of the car c. a statement that the consumer need not ask for an independent inspection of the car d. all of the other specific choices are required e. none of the other specific choices are required

Under the Fair and Accurate Credit Transaction Act, credit reporting services must: a. allow consumers to see their credit reports annually for free b. allow consumers to see their credit reports upon request for free c. allow consumers to see their credit reports for $10 d. notify consumers any time their credit reports have been accessed by an outside party e. none of the other choices

Under the Fair and Accurate Credit Transaction Act, the FTC has issued regulations: a. that credit card receipts may not show more than the last five numbers of a card b. that credit card receipts must show the expiration date of a card c. that credit card receipts must show the name of the holder of a card d. that credit transaction records must be maintained for at least two years e. all of the other choices

When private cases claiming misleading advertising are brought under the Lanham Act: a. the courts generally consider the meaning of "deceptive" the same as does the FTC b. the courts generally do not consider the meaning of "deceptive" the same as does the FTC c. the courts are not as harsh in their consideration of the meaning of "deceptive" as the FTC d. the courts are much harsher in their consideration of the meaning of "deceptive" compared to the FTC e. none of the other choices are correct

When the FTC tried to sue a company for scams advertised on the Internet: a. it was treated the same as other deceptive sales; fines were paid b. the appeals court held that there could be no suit because of First Amendment rights c. the appeals court held that there could be no suit because jurisdiction over the Internet belongs to the Federal Communications Commission, not the FTC d. the appeals court held that there could be no suit because this exceeded the powers of the agency; Congress would have to amend the FTC Act e. none of the other choices

Which of the following food health claims may be made on labels: a. the connection between calcium and the prevention of osteoporosis b. the connection between fiber and reduced risk of heart disease c. the connection between calcium and the ability to run fast d. the connection between sodium and strong teeth e. the connection between fiber and reduced risk of cancer

Which of the following is NOT an example of deceptive advertising targeted by the FTC: a. describing pastries made in America as Danish pastries b. claiming that "Hooked on Phonics" can teach people with learning disabilities to read c. claiming that Frosted Mini-Wheats improve children's attentiveness d. claiming that Rice Krispies increase immunity to disease e. all of the other specific choices are correct

Which of the following is an example of a class I medical device: a. bandages b. wheelchairs c. x-ray machines d. surgical materials e. heart valves

Which of the following is an example of a class I medical device: a. gloves b. wheelchairs c. x-ray machines d. surgical materials e. heart valves

Which of the following is not a function of the Food and Drug Administration? a. restaurant sanitation inspections b. drug evaluation studies c. food additives studies d. study of veterinary products e. all of the other choices are functions of the FDA

Which of the following was a factor in triggering the passage of the Pure Food and Drug Act: a. deaths in the Spanish-American War from impure food b. publication of Rachel Carson's book Silent Spring c. deaths in the Civil War from impure food d. deaths in WWII from impure drugs e. all of the other specific choices are correct

Which of the following was a factor in triggering the passage of the Pure Food and Drug Act: a. publication of Upton Sinclair's book The Jungle b. publication of Rachel Carson's book Silent Spring c. deaths WWI from impure food d. deaths in WWII from impure drugs e. all of the other specific choices are correct

Which of the following was a factor in triggering the passage of the Pure Food and Drug Act: a. studies by a government chemist showed some food preservatives were harmful to humans b. publication of Rachel Carson's book Silent Spring c. deaths WWI from impure food d. deaths in WWII from impure drugs e. all of the other specific choices are correct

Which type of advertisement would be held to a tougher standard than the others: a. ads directed at children b. ads directed at middle aged consumers c. ads directed at doctors d. ads directed at "reasonable" persons e. ads directed at professors

medical devices are things presenting minimal potential for harm to the user and are usually of simple design, such as bandages and gloves. a. Class I b. Class II c. Class III d. Generic e. Common

The court's review of an agency's statutory interpretation is generally afforded:

a careful review with respect to statutory interpretation, compared to a lesser review of technical judgments in the regulatory process

A possible way to save the expenses of registering a new security offering is to keep a security exempt from registration. One of these exemptions is called:

a private placement exemption

A primary boycott is:

a strike against an employer whose collective bargaining agreement is in question

A factor courts may consider in determining whether an act was within the course and scope of employment under vicarious liability is, was the:

act of the same general nature of those authorized by the principal and agent authorized to be in the location at the time the act occurred and agent serving or attempting to serve the principal's interests at the time of the tort

When are parties able to bring judicial challenges to an agency's rule during the rulemaking process?

after the final rule has been published Until the rule is actually finalized and published, the party would have no basis for a lawsuit.

Businesses that wish to build new emission-producing facilities in "dirty air" areas must:

agree to offset existing pollution in the area

If a person is convicted under the Insider Trading Sanctions Act he or she may face:

all of the other choices

Prevention of Significant Deterioration (PSD) areas under the Clean Air Act:

all of the other choices

Beehler bought a waste disposal site from Toxic Inc., which went bankrupt in 1975. Toxic had been dumping toxic waste at the site since 1946. Beehler closed the old site and built another that complies with RCRA. In 2005, it was discovered that the old site was leaking, which could pollute groundwater. Who might be a responsible party under CERCLA for the clean up costs at the old site?

all of the other choices are responsible parties

Which of the following is unlikely to be classified as a public policy exception to employment at will should an employee be fired:

all of the other choices would be classified as public policy exceptions

Most securities are issued by well-known seasoned issuers who have the right to:

all of the other specific choices

When the SEC reviews a prospectus for a new stock offering it may not:

all of the other specific choices may be done

Employment-at-will:

allows employers to discharge employees for any reason at any time subject to contract obligations and has been restricted by legislatures in some states that recognize some public policy limitations on the employer's right to fire an employee

Who is the presiding officer at an agency's adjudication hearing?

an administrative law judge An administrative law judge is typically an attorney hired by the agency to adjudicate disputes.

Who hears an appeal of an administrative law judge's ruling?

an agency head The losing party in an ALJ case has an automatic appeal to the administrative head of the agency.

Administrative agencies are generally created by:

an enabling statute in Congress

A 10-K report is:

an extensive audited annual financial statement

If a dispute between an employer and the union representing workers cannot be resolved by the standard internal grievance procedure, then most collective bargaining agreements call for the dispute to go to:

an outside labor arbitrator

A trespass is defined as:

an unauthorized breach of the boundaries of another's property

If you own a security in a company, such as common stock in IBM, you have:

an undivided interest in the company

If you own a security in a company, such as common stock in IBM, you have:

an undivided interest in the company and a security subject to federal regulation

Applied to pollution cases, private nuisance is:

an unreasonable interference with the use and enjoyment of one's land

The concept that in order to pass judicial muster, the evidence must show that the agency made its final decision based on a consideration of relevant factors without any clear errors of judgment is known as the:

arbitrary and capricious standard. This is the definition of the arbitrary and capricious standard.

The primary dispute resolution mechanism between investors and brokers is:

arbitration

Pollution laws in China:

are similar to U.S. environmental laws but are not enforced much

In a movement to unionize, employees of a company sign:

authorization cards

A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are:

available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act

"Old South" potato chips claim to have "that old-fashioned, deep-down satisfyin' taste." They also claim to be low- fat and low-calorie. According to standards created by the FDA, these chips must: a. have less fat and fewer calories than their nearest competitor b. contain fewer than 40 calories per serving c. contain fewer than 10 grams of fat per serving d. all of the other specific choices must be met e. none of the other choices; such rules do not apply to snack foods

. Equal credit opportunity refers to the requirement that creditors: a. must disclose all relevant terms in credit transactions b. must not use sex or race to determine a person's creditworthiness c. must not use abusive debt collection techniques d. all of the other specific choices are correct e. none of the other specific choices are correct

162. The drive for civil rights in employment and other aspects of life became a national movement in the: a. late 1970s b. early 1960s c. early 1950s d. mid 1990s e. mid 1980s

177. The most important antidiscrimination employment law is: a. Title V of the Civil Rights Act of 1964 b. Title VII of the Civil Rights Act of 1964 c. Title I of the Civil Rights Act of 1963 d. Title VII of the Civil Rights Act of 1963 e. the Equal Pay Act of 1963

179. 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: a. National Labor Relations Board b. Equal Employment Opportunity Commission c. Department of Labor d. Equal Pay Commission e. U.S. Civil Rights Commission

185. Individual states: a. may not have civil rights acts that apply to employers exempt from Title VII b. may have civil rights acts that apply to employers exempt from Title VII c. may not have civil rights acts that protect additional classes of employees not covered by Title VII d. may exempt employers from any Title VII regulation e. none of the other choices are correct

380. Requiring modelers of male clothing to be male is: a. illegal because it discriminates against women b. legal because in this instance sex is a bona fide occupation qualification c. illegal because it discriminates against women who like to wear men's clothing d. illegal in some states, but not others e. none of the other choices are correct

186. Individual states and cities: a. may not have civil rights acts that apply to employers exempt from Title VII b. may have civil rights acts that protect additional classes of employees not covered by Title VII c. may not have civil rights acts that protect additional classes of employees not covered by Title VII d. may exempt employers from any Title VII regulation e. none of the other choices are correct

196. Which is not a protected class under Title VII: a. race b. political affiliation c. religion d. national origin e. all of the other choices are protected classes

197. Which is not a protected class under Title VII: a. race b. sexual orientation c. religion d. national origin e. all of the other choices are protected classes

202. 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: a. legal under Title VII b. improper reverse discrimination, which violates Title VII c. proper if the employer had an affirmative action program to favor black employees d. proper since whites are not protected by Title VII and, therefore, cannot claim protection e. proper, since under Title VII minorities may be given preferential treatment

208. The most common basis for a discrimination complaint is: a. sex b. race c. experience d. age e. religion

209. The most common claim of discrimination, which makes up about 36% of charges filed, is: a. sex b. race c. experience d. age e. religion

210. About 36% of discrimination charges filed every year are based on discrimination for: a. sex b. race c. experience d. age e. religion

217. Fred and Vinny work at Leo's Used Car Lot. Fred dislikes Vinny, makes insults about Vinny's Iranian heritage, and treats him badly. Leo has heard the insults but does not reprimand Fred because Leo thinks Fred is right. Leo's actions are: a. legal because Vinny is a U.S. citizen b. discriminatory under Title VII c. legal because Leo and Fred have a rational basis for their beliefs d. legal because Iranian-Americans are not protected by Title VII e. legal; Fred is the one guilty of discrimination

218. Under Title VII of the Civil Rights Act's prohibition of discrimination based on religion, an employer is: a. required to financially support employees' religious practices b. required to provide reasonable accommodation for an employee's religious practices c. required to provide unconditional support for an employee's religious practices d. not required to provide reasonable accommodation for an employee's religious practices e. required to assist employees seeking religious support at the workplace

222. Carol's business requires that all employees dress professionally in business attire to give her company a professional appearance. Susan insists that she be allowed to wear ratty jeans because her religion requires it. Carol: a. must allow Susan to wear jeans so as not to discriminate based on religion b. may insist that Susan wear business attire since the company has a strict dress code policy c. must compensate Susan monetarily if she chooses to force her to wear business attire d. will likely be imprisoned for restricting freedom of religion e. none of the other choices are correct

224. Intersectional discrimination refers to the claim that: a. a person suffered discrimination because of sexual orientation b. a person suffered discrimination because of race and religion c. a person was not allowed to take off time from work to attend religious services d. a person was treated unfairly because of their physical appearance e. a person was not allowed to mention his cultural origin at work

230. Discrimination on the basis of sexual preference or sexual identity: a. is prohibited by Title VII of the Civil Rights Act b. is not prohibited by Title VII of the Civil Rights Act c. is prohibited by most states d. is an accepted practice in most workplaces e. none of the other choices are correct

246. Sexual harassment does not appear to include: a. commenting on physical attributes b. asking a co-worker to go on a date c. using crude or offensive language directed at a woman d. deliberate, unsolicited touching of a sexual nature e. all of the other choices may be included

252. The most likely example of quid pro quo sexual harassment would be: a. discussing sexual activities at work b. promoting a woman because she accepts dates with her boss c. saying demeaning things about women d. showing sexually explicit photos e. all of the other choices

263. A company with 30 employees has no personnel department. Several male employees pester several female employees, including making sexual gestures, comments, and, at times, grabbing them. Telling the men to stop does not change behavior. Several women quit and file a complaint against the employer for sexual harassment. It is likely that the women will: a. have a case because the company does not have a personnel office as required by law b. have a case because there was a persistent hostile environment that was not corrected. c. not have a case because they did not complain sufficiently to the company manager before they quit d. not have a case because they did not complain to the EEOC (or equivalent state office) before they quit e. not have a case because they may not act as a group; only individually

267. The Age Discrimination in Employment Act holds it illegal to discriminate in employment against: a. persons under age 21 or over age 65 b. persons aged 40 and over c. women or minorities aged 40-65 d. women or minorities aged 40-70 e. women or minorities under age 21

268. The Age Discrimination in Employment Act holds it illegal to discriminate in employment against: a. persons under age 21 or over age 65 b. women or minorities under age 21 c. women or minorities aged 40-65 d. women or minorities aged 40-70 e. none of the other choices are completely correct

274. Forcing retirement because of age is an example of: a. sex discrimination b. age discrimination c. elderly discrimination d. geriatric discrimination e. quantitative discrimination

275. Requiring older workers to pass physical examination as a condition of continued employment is an example of: a. sex discrimination b. age discrimination c. elderly discrimination d. geriatric discrimination e. quantitative discrimination

284. Discriminating against an employee on the basis of genetic information that indicates the person may be more likely than average to have a heart problem is: a. illegal based on age discrimination b. illegal based on genetic information discrimination c. illegal based on medical history discrimination d. not illegal if the employer can show a work-related issue e. not illegal because genetic information is not subject to discrimination proceedings

300. When the effect of a hiring or promotion decision is intentionally discriminatory it is called: a. bona fide occupational qualification. b. disparate treatment c. disparate impact d. pretextual treatment e. none of the other choices

307. An employee suing an employer for ____ under Title VII must show that the employer intentionally discriminated against them a. intentional discrimination treatment b. disparate treatment c. secondary treatment d. disparate impact e. indisparate treatment

323. If workers are punished for participating in an official proceeding, such as filing an employment discrimination complaint or giving testimony in a discrimination investigation, they would have grounds for suit based on: a. sex discrimination b. retaliation c. court discrimination d. disparate treatment e. pretext

329. To reduce the likelihood of discrimination cases, employers: a. must pay annual fees to the EEOC b. should have clear, effective policy and procedures to allow employees to make complaints about perceived discrimination c. should bribe employees not to sue d. should reward employees who ignore discrimination e. should have posters that indicate that discrimination is not tolerated in the workplace

336. In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: a. the employee must remain on the job while seeking redress b. the employee need not remain on the job while seeking redress c. the employee must exhaust all other options before quitting d. the employee must give the employer at least 3 chances to make amends before quitting e. the employer is liable for up to three months' worth of wages

343. ____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class. a. disparate treatment cases b. disparate impact cases c. age discrimination cases d. whole class discrimination cases e. partial class discrimination cases

351. In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: a. since the company could convincingly show that the test was sufficiently related to safe and efficient job performance, it was not discriminatory and not illegal b. since the company could not convincingly show that the test was sufficiently related to safe and efficient job performance, it was discriminatory and illegal c. it was discriminatory for the company to suggest that men are stronger than women d. the test was discriminatory because women had to lift heavier weights than men e. the test was discriminatory because women did not have to lift the same weights as men

359. Sam owns Speedy Bricklayers, Inc., a company that specializes in bricklaying. To maintain his business's reputation for quick, quality bricklaying, Sam requires that all employees are experienced bricklayers. This discriminates against potential employees who have never laid bricks before. Sam is likely: a. in violation of Title VII because his employment practices do not pass the business necessity test b. not in violation of Title VII because his employment practices pass the business necessity test c. probably in violation of Title VII in some states, but not in others d. in violation of Title VII because women cannot lay bricks as fast as men e. in violation of Title VII because people over 40 cannot lay bricks as fast as people under 40

365. According to Title VII, it is ____ to use professionally developed ability tests to determine whether job applicants possess the necessary skills and attributes. a. never legal b. legal as long as there is statistical validation of the tests c. legal as long as the company has used the test before d. illegal without a special court issued dispensation e. none of the other choices are correct

369. Which of the following situations is most likely to have violated Title VII: a. a Catholic priest is refused a job teaching at a Baptist seminary b. a woman is not hired at an auto parts store because women know nothing about auto parts c. a man convicted of child molestation is rejected for employment at a day care center d. a Hispanic woman with poor English is rejected for consideration to be an operator at a 911 emergency center e. an older man is rejected for consideration for being hired at a law firm because he does not have a law degree

370. Which of the following situations is most likely to have violated Title VII: a. a Catholic priest is refused a job teaching at a Baptist seminary b. a woman is not hired at an auto parts store because women know nothing about auto parts c. an older man is rejected for consideration for being hired at a law firm because he does not have a law degree d. a Hispanic woman with a poor command of English is rejected for consideration to be an operator at a 911 emergency center e. all of the other choices are likely to be violations

372. Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the workers, the company will lay off white older workers. This policy is likely to be viewed by the courts as: a. an illegal violation of a bona fide occupational qualification b. an illegal violation of a bona fide seniority system c. an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers to preserve the jobs of the junior black employees d. a legal way to create the equivalent of an affirmative action program e. a legal way to preserve the racial mix of the work force

376. Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be? a. picking models for clothing on the basis of sex b. picking nurses on the basis of race in hospitals that have mostly black or white patients c. picking topless waitresses on the basis of sex d. all of the specific choices would all be illegal e. all of the specific choices would all be legal

381. If an employee voluntarily retires early because the incentives of the early retirement plan are so generous, then the employee: a. can still sue for age discrimination by claiming he was forced to retire early b. cannot sue for age discrimination by claiming he was forced to retire early c. is entitled to an extra 2 months of pay in addition to the retirement incentive package d. will not have to pay taxes on future income if he returns to the workforce e. will never be eligible for Social Security benefits

388. A(n) ____ is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members, when a particular class is underrepresented in the employer's workforce. a. equal employment action program b. affirmative action program c. fair employment action program d. anti-discriminatory program e. compensatory employment program

396. Employers who do $50,000 or more of business with the federal government are required to study their workforce to determine if the mix of employees in job categories by sex and by race are reflective of the relevant hiring pools the employers draw from. This is called: a. voluntary affirmative action program b. an underutilization analysis c. a mandatory affirmative action program d. a remediation analysis e. a bona fide workforce analysis

402. Recently, voluntary affirmative action programs: a. have declined in prevalence b. have become more common than court-ordered affirmative action programs c. have led to a high incidence of reverse discrimination d. have led to an increase in discrimination claims e. none of the other choices are correct

403. Recently, court-ordered affirmative action programs: a. have increased in prevalence b. have become less common than voluntary affirmative action programs c. have led to a high incidence of reverse discrimination d. have led to an increase in discrimination claims e. none of the other choices are correct

409. In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are: a. non-existent b. less protective of women and minorities c. less protective of women, but more protective of minorities d. less protective of minorities, but more protective of women e. more protective of women and minorities

412. Japan's first sexual harassment case: a. occurred long before the U.S. had laws prohibiting sexual harassment b. was not decided until 1992 and resulted in a relatively small award c. was not decided until 2002, but had a huge award d. was overturned by Japan's Supreme Court e. was decided in 1990

413. The ____ provides protection for disabled persons seeking employment with, or who are currently employed by, employers that receive federal funds. a. Disability Act of 1973 b. Rehabilitation Act of 1973 c. Title VII Disability Act of 1990 d. Able Bodied Worker Act of 1990 e. Temporarily Disabled Persons Protection Act of 1973

416. All companies with federal contracts of $2,500 or more have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations under the: a. Disability Act of 1973 b. Rehabilitation Act of 1973 c. Title VII Disability Act of 1990 d. Able Bodied Worker Act of 1990 e. Temporarily Disabled Persons Protection Act of 1973

419. The employment rights of persons with disabilities and their rights to public accommodations, such as hotels, restaurants, theaters, public transportation, telecommunications, and retail stores were expanded by the: a. Rehabilitation Act of 1990 b. Americans with Disabilities Act of 1990 c. Americans with Disabilities Act of 1973 d. Disabled Americans Act of 1990 e. Physically Handicapped Act of 1990

430. Which of the following is a condition not considered a disability under the ADA: a. a history of alcohol abuse b. sexual behavior disorders c. someone cured of cancer d. a history of drug abuse e. all of the other choices are disabilities under the law

A "trade regulation rule" issued by the FTC that applies to a specific business practice sets a standard: a. that everyone in the industry must follow or be subject to criminal conviction b. for certain practices that are thought to be especially susceptible to deceptive acts c. after a violation is proven the FTC can close down the violator's business d. is voluntary but provides quality guidance for the industry e. must be agreed upon by a majority of the members of the industry to become law

According to FDA standards, food that is labeled as "low fat" must: a. have fewer than 2 grams of fat per serving b. have 3 or fewer grams of fat per serving c. not have been processed in more than one way d. not contain trans fats e. have fewer than 40 calories per serving

Advertisements directed at children or ill people: a. are held to a lower standard than other ads b. are held to a tougher standard than other ads c. are less common than other ads d. are unregulated e. may not contain bad language

Before being finalized, a FTC trade regulation rule must be published in the Federal Register so that: a. the President can read it b. interested parties may comment on it c. the House of Representatives can review it d. the Supreme Court can make sure it is legal e. none of the other specific choices are correct

Debt collection agencies handle in claims each year. a. about $100 billion b. more than $40 billion c. less than $5 billion d. about $20 billion e. about $500 million

Drug regulation in China can be problematic because: a. the Chinese FDA is too strict b. the Chinese FDA is known to take bribes c. the Chinese FDA is overstaffed d. no one in China cares about drug safety e. none of the other choices are correct

Federal regulation of the relationship between consumers and creditors is based on an umbrella law that contains many credit laws: a. the Truth-in-Lending Act b. the Consumer Credit Protection Act c. the Equal Credit Opportunity Act d. the Fair Consumer Credit Act e. none of the other choices

Gold Hair shampoo advertises that it is the best for bringing out golden highlights of people with blond hair. Gold Hair ads state: "Tests prove that our shampoo is superior to other shampoos in making blond hair shine like gold." What FTC program monitors such claims? a. the product purity program b. the advertising substantiation program c. the proof of product program d. the consent decree program e. the deceptive acts program

If you lose the bank card you use to withdraw cash from your bank by machine, and you report it to the bank within two days, you are liable for how much in losses? a. $0 b. $50 c. $500 d. $5,000 e. however much is in your account

In Federal Trade Commission v. John Beck Amazing Profits, where Beck was sued by the FTC for deception in the sale of his "wealth creation" products, the court held that: a. Beck's actions were "neutral" in that they did not make false statements; consumers may have inferred wrong things, but that is not a violation b. the FTC was correct that Beck's infomercials contain misleading information that is material, so the sales would be stsopped c. the FTC showed that the information presented by Beck was misleading, but failed to show that any harm had been inflicted on consumers d. since Beck was only presenting information, that is protected by the First Amendment; so long as he did not actually make investments on behalf of investor/consumers, there was no actionable violation e. Beck operated an internet-based company not regulated by the Telecommunications Act

In addition to having the power to decide when foods and drugs will be allowed to be marketed, the FDA can remove products from the market. An example of the FDA's use of its power to remove products from the market is the: a. recall of GM trucks from the market b. removal of certain orange juice from the market c. removal of high-fat pork products from the market d. removal of low-SPF tanning products from the market e. removal of animal-tested cosmetics from the market

The Equal Credit Opportunity Act prohibits credit discrimination on the basis of all except: a. the race of the applicant b. if the applicant has a checking account c. if the applicant receives public assistance d. the marital status of the applicant e. all of the other choices are legitimate concerns

The Fair Debt Collection Practices Act prohibits the following by debt collectors except: a. harassing, late-night phone calls b. sending repeated letters demanding payment c. publication of a list of debts owed d. threatening violence if a debt is not paid e. all of the other choices are prohibited

The Federal Reserve Board has written a regulation to implement the Equal Credit Opportunity Act, it is: a. Regulation Z b. Regulation B c. Regulation A d. Regulation J e. none of the other choices

The Federal Trade Commission was established in: a. 1909 b. 1915 c. 1920 d. 1937 e. 1950

The Food Additives Amendment (Delaney Clause) to the Food, Drug, and Cosmetic Act was replaced by the Food Quality Protection Act in 1996 because the Delaney Clause: a. was not strict enough b. was too strict c. only applied to food and drug producers contracting with the government d. did not apply to food and drug producers contracting with the government e. did not bring about the economic growth it was expected to spark

The Food and Drug Administration was created in: a. 1906 b. 1927 c. 1938 d. 1958 e. 1967

The Food, Drug and Cosmetic Act of 1938 did not expand the powers of the FDA to include: a. the ability to set safe levels of additives in foods b. require nutrition labels on food c. prohibiting false advertising of drugs d. inspection of drug producers e. new enforcement powers

The Pure Food and Drug Act was passed in: a. 1806 b. 1906 c. 1960 d. 1986 e. 1999

The Used Car Rule requires dealers to give consumers the following information except: a. a statement about any warranty terms offered with the vehicle b. a statement about known defects with the vehicle c. a warning that oral promises may not be enforceable d. a suggestion that the consumer get an independent inspection of the vehicle e. all of the other choices are required

The current time frame for developing a new drug and clearing all the FDA hurdles to market it is about: a. 5 to 10 years b. 12 to 15 years c. 15 to 20 years d. 1 to 5 years e. 30 years

The prohibits the sale of any drug until the FDA approves the application submitted by the manufacturer. a. Food and Medicine Act b. Food, Drug, and Cosmetic Act c. Food and Drug Regulation Act d. Regulation of Food and Drug Act e. Drug Control Act

The provides standard terms for leases. a. Truth-in-Lending Act b. Consumer Leasing Act c. Consumer Buying Act d. Consumer Renting Act e. Consumer Lease Regulation Act

Under the , credit reporting services must allow consumers to see their credit reports annually for free. a. Free Trade Act b. Fair and Accurate Credit Transactions Act c. Fair and Open Credit Act d. Fair Credit Reporting Act e. True and Fair Credit Transactions Act

Under the Fair Credit Reporting Act, a consumer reporting agency (credit bureau) must: a. allow consumers to see credit ratings of businesses b. allow consumers to see information about them that results in their being denied credit c. allow any citizen (or business), without discrimination, to obtain a copy of a consumer report on any person d. allow consumers to see credit ratings of businesses and allow any citizen (or business), without discrimination, to obtain a copy of a consumer report on any person e. allow consumers to see information about them that results in their being denied credit and allow any citizen (or business), without discrimination, to obtain a copy of a consumer report on any person

Under the Fair Debt Collection Practices Act, which of the following information does not have to be provided to the debtor in writing by a debt collector within five days of the initial communication? a. the amount of the debt b. if the creditor will sue if the debtor refuses to pay c. a statement that unless the consumer disputes the validity of the debt within 30 days, it will be assumed valid d. the name of the creditor to whom the debt is owed e. all of the other choices must be stated

Which of the following does not conform to FDA standards for food labels: a. "fresh" means the food is raw or unprocessed b. "light" means the product has less than one-half the calories of a comparable product per serving per 100 grams c. "low calorie" means the product has less than 40 calories per serving per 100 grams d. "low fat" means the product has 3 grams or less of fat per 100 gram serving e. all of the other choices are correct

Which of the following is NOT a prohibited basis under the Equal Credit Opportunity Act: a. race b. sexual orientation c. age d. religion e. all of the other specific choices are prohibited bases

Which of the following is not required to be listed on nutrition labels by the FDA because there is no shortage of it in American diets: a. sodium b. riboflavin c. vitamin A d. vitamin C e. none of the other choices are correct

Which of the following is not required to be listed on nutrition labels by the FDA because there is no shortage of it in American diets: a. sodium b. niacin c. vitamin A d. vitamin C e. none of the other choices are correct

Which of the following is not required to be listed on nutrition labels by the FDA because there is no shortage of it in American diets: a. sodium b. thiamin c. vitamin A d. vitamin C e. none of the other choices are correct

A security is sold to the public under a private placement exemption. Later a suit is filed under federal securities law claiming securities fraud. This suit will:

be allowed since all securities are subject to the law

To reduce possible conflicts of interest, the Investment Company Act requires that boards of directors:

be composed of at least 74% outsiders

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may:

be used to get confidential information

The Environmental Protection Agency could require a company subject to its regulations concerning pollution emissions to do all of the following except:

bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA

Mandatory vesting under ERISA means that an employee:

becomes the owner of his retirement benefits

Toxic, or unconventional water pollutants, are subject to an emission standard known as:

best available technology

If a company manager expressly tells an employee that she could not be fired without good cause, but then fires her for no particular cause, the employee may have a suit for wrongful termination most likely based on the theory of:

breach of implied contract

A securities professional who engages in the business of buying and selling securities for the accounts of others is a:

broker

Which of the following securities professionals must be registered with the SEC to be able to engage in business?

brokers and dealers

The fact that many old industrial areas have become abandoned and firms do not wish to buy the land for future use because of potential Superfund liability is called the problem of:

brownfields

. A drug that may only be used with the permission of a physician is designated as a: a. special drug b. regulated drug c. prescription drug d. formulated drug e. regulated drug

158. Historically, the common law permitted employers to: a. hire workers only with government approval b. fire workers only with government approval c. hire and fire which ever workers they wished d. fire workers for reasons listed in an employee handbook e. none of the other choices

169. Under the ____, it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions a. Equal Conditions Act b. Equal Compensation Act c. Equal Pay Act d. Civil Rights Act e. Common Wage Act

174. Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by: a. lowering the wages received by men b. lowering the wages received by women c. raising the wages received by women d. raising the wages received by men e. giving stock options to the group discriminated against

183. For Title VII of the Civil Rights Act to apply, an employer must have: a. at least 5 employees b. no more than 50 employees c. at least 15 employees d. at least 10 employees e. at least 100 employees

199. Which is not an officially recognized racial group under Title VII: a. Hispanics b. Asians c. Arabs d. Native Americans e. all of the other choices are recognized

201. The Supreme Court's ruling in McDonald v. Santa Fe Trail Transportation, where an African-American employee and a white employee had stolen property from their employer and the African-American employee was reprimanded but allowed to keep his job while the white employee was fired, showed that: a. whites are not protected under Title VII of the Civil Rights Act b. while Title VII recognizes whites as a protected class, in practice whites are not protected c. whites are protected under Title VII of the Civil Rights Act d. whites are only protected in cases involving Hispanics e. none of the other choices are correct

204. Reverse discrimination is: a. preferential treatment of whites b. preferential treatment of men c. preferential treatment of a protected class d. discrimination against African-Americans e. none of the other choices

213. Title VII restricts discrimination based on: a. appearance b. experience c. national origin d. attitude e. education

The intent of the Nutrition Labeling and Education Act is to: a. make people eat healthier food b. make people buy more packaged food c. help consumers make informed purchases d. prevent consumers from making informed purchases e. help companies sell their food products

219. To not violate Title VII's prohibition of discrimination based on religion, an employer may have to make changes in the way her business is organized to meet religious requirements of employees. Employers are required to incur: a. any expense required to avoid violating religious requirements of its employees b. up to ten percent of an employee's wage in costs to comply with the employee's beliefs c. no more than minimal expenses to accommodate an employee's religious requirements d. no expense or trouble at all e. none of the other choices

236. Denying a woman a job, assignment, or promotion because she is pregnant or has children is: a. legal, as long as there is specific company policy in place b. legal in most states c. illegal because it is a form of pregnancy discrimination d. illegal because it is a form of religious discrimination e. none of the other choices are correct

237. Requiring a pregnant woman to go on leave when she is able to do her job is: a. legal, as long as there is specific company policy in place b. legal in most states c. illegal because it is a form of pregnancy discrimination d. illegal because it is a form of religious discrimination e. none of the other choices are correct

238. Treating maternity leave differently than other leaves for temporary disabilities is: a. legal, as long as there is specific company policy in place b. legal in most states c. illegal because it is a form of pregnancy discrimination d. illegal because it is a form of religious discrimination e. none of the other choices are correct

239. Discriminating in fringe benefits, such as in the structure of health insurance benefits, to discourage women of childbearing age from working is: a. legal, as long as there is specific company policy in place b. legal in most states c. illegal because it is a form of pregnancy discrimination d. illegal because it is a form of religious discrimination e. none of the other choices are correct

248. Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called: a. bona fide impact b. impact favoritism c. quid pro quo d. differential standard e. differential favoritism

253. Quid pro quo sexual harassment refers to: a. crude or offensive language b. touching someone in a sexually offensive manner c. promising a promotion in exchange for sex d. displaying sexually explicit photographs e. all of the other choices

257. In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court held: a. all offensive conduct is illegal sexual harassment b. even if the subject of the harassment does not care, an employer may still be liable for remarks that a reasonable person would find offensive c. if a work environment becomes hostile or abusive due to sexual harassment, an employer may liable d. employers will be liable only if the employee can prove physical harm e. none of the other choices

269. Under the Age Discrimination in Employment Act employers: a. are not prohibited from cutting the health care benefits of employees over the age of 65 b. are prohibited from discriminating in employment against persons only over age 65 c. are prohibited from discriminating in employment against persons only over 40 d. may discriminate on the basis of age only if customers of the firm would object to the older employees e. none of the other choices

276. Indicating an age preference in advertisements for employees is an example of: a. sex discrimination b. elderly discrimination c. age discrimination d. geriatric discrimination e. quantitative discrimination

277. Choosing to promote a younger worker rather than an older worker, because the older worker may be retiring in several years is an example of: a. sex discrimination b. elderly discrimination c. age discrimination d. geriatric discrimination e. quantitative discrimination

278. Cutting health care benefits for workers over age 65 because they are eligible for Medicare is an example of: a. sex discrimination b. health care discrimination c. age discrimination d. geriatric discrimination e. quantitative discrimination

279. This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate: a. disability law because "bright" may discourage applicants with mental problems b. discrimination law that requires jobs to have clearly stated goals and qualifications, not vague terms c. age discrimination laws since "young" is probably not over the age of 40 d. sex and race discrimination law since women and minorities are presumed not to be hard working e. nothing; no violations exist in the ad

289. If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further, the: a. employee must file suit against the employer with an EEOC administrative law judge b. EEOC investigator files suit against the employer with an EEOC administrative law judge c. EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer d. EEOC must file suit in federal court on behalf of the employee e. EEOC turns the case over to the Department of Justice for prosecution

295. If a person quits their employment because of sexual or racial harassment, it is called: a. constructive treatment b. differential impact c. constructive discharge d. retaliatory termination e. none of the other choices

296. Constructive discharge occurs when: a. a person gains employment due to their family connections b. a person does not have to take part in an unpleasant part of a job because of their race c. a person quits their job because of sexual or racial harassment d. a person sexually or racially harasses a coworker e. a person is fired based on their race

306. If a person sues their employer under Title VII based on disparate treatment, they must show: a. the employer committed negligent acts of discrimination b. the employer is strictly liable for its acts c. the employer intentionally discriminated d. both that the employer is strictly liable for its acts and that the employer intentionally discriminated e. the employee must only prove that the employer's actions had a bad effect

316. If a plaintiff establishes a prima facie case of employer discrimination, what happens? a. the plaintiff wins compensatory damages b. the plaintiff receives a punitive damages award c. the burden of proof shifts to the employer d. the plaintiff wins compensatory damages and can win punitive damages if malice is shown e. none of the other choices

317. If a plaintiff establishes a prima facie case of employer discrimination, what happens? a. the plaintiff wins compensatory damages b. the plaintiff receives a punitive damages award c. the defendant must offer non-discriminatory reasons for the actions involved d. the case is returned to the EEOC for further investigation e. the plaintiff wins compensatory damages and can win punitive damages if malice is shown

320. If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer's rationale is what is called a: a. prima facie excuse b. constructive excuse c. pretext d. disparate e. differential

330. In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when a hostile environment is created by a supervisor, the Supreme Court held that: a. the supervisor is personally liable, but the firm is not b. the firm is strictly liable c. the firm may be vicariously liable even if the employee suffered no adverse job consequences d. the firm is liable only if it is shown that the employee suffered adverse job consequences e. none of the other choices

334. In Burlington Industries v. Ellerth and in Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: a. if it was not quid pro quo harassment then a higher standard of proof for hostile work environment must be met b. if a hostile work environment is shown, a rule of strict liability is applied c. a key defense will be if the employer had a proper anti-harassment procedure in place that the plaintiff failed use before quitting d. it does not matter whether it was hostile work environment or quid pro quo harassment, the firm is likely to be vicariously liable unless the employee had a poor work record e. none of the other choices

349. In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: a. such tests of strength are discriminatory against women, so are illegal as disparate impact b. such tests of strength are part of a bona fide occupational qualification, so are legal c. the test used here was not a good predictor of ability to do the job, so was discriminatory d. the test used here was a good predictor of ability to do the job, so it was legal e. none of the other choices

353. In general, to require job applicants to pass an aptitude tests is: a. invalid because they are related to job performance b. valid if given only to minorities c. valid if shown to be an accurate predictor of ability to do the job d. valid if one of the tests certified by the Department of Labor e. none of the other choices

357. When employment practices can be shown to discriminate against some employees: a. the burden is on the courts to prove that the challenged practices are justified as a business necessity and are job related b. the burden is on the employees to prove that the challenged practices are justified as a business necessity and are job related c. the burden is on the employer to prove that the challenged practices are justified as a business necessity and are job related d. there is no defense for a business e. none of the other choices are correct

362. A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will: a. lose because the statistics prove the structure of the employment situation is discriminatory b. lose because it could make smaller sacks smaller, which would increase the number of women who would be eligible c. win because there is a business necessity that produces the all male workforce d. win because the work involved is traditional male work e. none of the other choices

364. As a rule, when testing of job applicants employers should do which of the following to be within the bounds of the law: a. test for general intelligence b. test for differences in cultural backgrounds c. test for ability to perform a certain job d. all of the specific choices are generally acceptable e. none of the other choices are acceptable

386. An affirmative action program is an effort by: a. a group of employees to correct past discriminatory practices b. employers to continue hiring practices that led to under-representation of certain classes of workers c. employers to remedy discriminatory employment practices that produced imbalanced workforces d. independent contractors to correct racial balances in the public contracting system e. none of the other choices

387. A deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members is called: a. reasonable accommodation b. disparate treatment c. affirmative action d. disparate impact e. none of the other choices

394. The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contractors, was established in response to: a. the Equal Pay Act b. the Fair Labor Standards Act c. Executive Order 11246 d. the National Labor Relations Act e. the Federal Contract Equity Act

411. Compared to the United States, antidiscrimination laws in Europe and Japan: a. are much stricter b. lead to much bigger awards in court cases c. are not nearly as strict as U.S. laws d. are nonexistent e. none of the other choices are correct

415. Under the Rehabilitation Act of 1973, all companies with federal contracts of ____ have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations. a. $5,000 or more b. $10,000 or more c. $2,500 or more d. $100,000 or more e. $50,000 or more

For which of the following is an occupational license issued by an agency not required?

college and university professors Professors are not required to obtain a license to work in education.

434. Suppose a newly hired utility repairman has a fear of heights that means he cannot climb ladders or telephone poles to do repairs. This condition of his: a. cannot be held against him, as he could be assigned to job duties that would not require climbing ladders b. qualifies as a mental disability, so he is protected c. does not qualify as a disability, so he could be fired d. does not qualify as a disability under respondent superior liability, so he could be fired e. none of the other choices

437. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is deaf, and he sued for disability discrimination, the appeals court held that: a. Keith suffered per se discrimination and would be hired and paid back wages b. Keith's limitations made him eligible for some Country jobs, but not one involving lifesaving as drowning persons often call for help c. Keith presented evidence that he could communicate and perform d. Keith failed to show that he could perform the job so even if he is disabled, the issue is moot e. none of the other choices are correct

447. Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant: a. how many sick days did you use last year? b. does stress at work ever bother you? c. are you capable of doing the rigors demanded of this job? d. have you been treated for drug abuse? e. all other choices would violate the law

448. Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant: a. how many sick days did you use last year? b. does stress at work ever bother you? c. are you capable of doing the rigors demanded of this job? d. none of the other choices would violate the law e. all of the other choices could violate the law

456. Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation? a. using standardized tests that screen out people with disabilities b. refusing to hire job applicants because they have a history of drug abuse c. refusing to hire a job applicant because an assembly line for automobiles cannot accommodate workers in wheelchairs d. not hiring a disabled person because the bathrooms cannot accommodate wheelchairs e. asking job applicants if they have disabilities

A financial institution (such as a bank) that issues electronic fund-transfer cards must provide consumers: a. a yearly statement of account b. a weekly statement of account c. a monthly statement of account d. a bi-annual statement of account e. the institution is under no obligation to provide consumers with statements of account

A soup company once a television ad for a soup in which marbles were put in the bottom of the soup bowl to make the chunky stuff in the soup be near the top. This ad was: a. illegal in the U.S. and probably illegal in most advanced European nations and in Japan b. legal in the U.S., but probably illegal as being deceptive in much of Europe and in Japan c. illegal in the U.S., but would probably be legal in most of Europe and in Japan d. legal in the U.S. and would probably be legal in most of Europe and in Japan since it does not injure consumers e. none of the other choices

About new compounds make it to Phase I of the tests required to earn FDA approval for the market. a. 1 in 2,000 b. 1 in 50 c. 1 in 60,000 d. 1 in a million e. 1 in 450

About of new compounds initially tested in the lab make it to the market. a. 1 in 2,000 b. 1 in 50 c. 1 in 60,000 d. 1 in a million e. 1 in 100

An extermination company promised customers who had their houses treated for termites that they had a life-time guarantee for free re-treatment if they paid a small fixed annual fee. The company lost money on the guarantee and so it raised the fee. If the FTC sued the company, it would claim the practice was: a. unfair and deceptive b. deceptive only c. unfair only d. a violation of the Cooling-Off Rule e. none of the other choices

Before a FTC trade regulation rule can be finalized it: a. must be published in several national newspapers b. must be registered with the World Trade Organization c. must be published in the Federal Register d. must be shown to the President e. must be voted on by Congress

FTC staff members propose complaints to: a. five executives b. ten commissioners c. five commissioners d. district courts e. the U.S. Supreme Court

For a complaint proposed to the five commissioners by an FTC staff member to be officially issued: a. there must be unanimous agreement b. at least 2 commissioners must vote for it c. at least 3 commissioners must vote for it d. at least 1 commissioner must vote for it e. 4 out of 5 commissioners must vote for it

If company A engages in false advertising that lures customers away from company B, and company B sues, under the Lanham Act it may collect: a. the value of damage to its trademark reputation b. the value of profits lost due to the false advertising c. double the value of profits lost due to the false adverting d. treble the value of profits lost due to false advertising e. none of the other choices; the Lanham Act does not apply in such cases

Katherine loses her ATM card while visiting her boyfriend in Boston. She doesn't realize it until she gets home to New Jersey after a week in Boston. She immediately notifies the bank that she lost her card 7 days ago. How much is Katherine liable for in losses? a. $0 b. $50 c. $500 d. $1000 e. $10,000

Nutritional supplements are: a. subject to the same regulations as drugs b. subject to stricter regulations than drugs c. subject to fewer regulations than drugs d. more expensive than drugs e. illegal in many states

One of the best-known trade regulation rules is the: a. the Deodorant Rule b. the Office Furniture Rule c. the Mail-Order Rule d. the R-value Rule e. none of the other choices

Private parties may initiate civil actions for false advertising claims under: a. the Moss-Magnuson Act b. the Cooper-Dewitt Act c. the Lanham Act d. Article 2 of the Constitution e. the Truth-in-Advertising Act

The intent of the Nutrition Labeling and Education Act is to: a. make people eat healthier food b. make people buy more packaged food c. prevent misleading product claims d. prevent consumers from making informed purchases e. help companies sell their food products

The "Mail Order Rule" states that if a company: a. buys products through the mail it must use the U.S. Postal Service, and not a private courier system b. buys products through the mail from a foreign country, it must register with the FTC c. sells products through the mail it must have a reasonable basis for expecting to ship the products within the time advertised d. sells products through the mail is must provide toll-free 800 phone numbers for its customers to use so that they do not spend additional money placing an order e. none of the other choices are correct

The "learned intermediary" doctrine: a. shields a physician from liability because of a drug company's mistake in dosage instructions b. is invoked by regulatory agencies in their arguments in court arguments in support of new regulations c. shields a drug manufacturer from liability when the doctor is liable for misuse of the drug d. holds that the FDA has gone too far in preventing new, effective drugs from reaching the market in less time e. holds federal regulatory agencies supreme in all matters regarding control of product safety

The Consumer Leasing Act does not apply to leases for: a. automobiles b. televisions and other home electronics c. furniture for a dentist's office d. automobiles and furniture for a dentist's office e. all of the other specific choices are not covered by the Act

The Electronic Fund Transfer Act is implemented by: a. Regulation Z b. Regulation B c. Regulation E d. Regulation X e. Regulation F

The FTC test for unfairness does not include which of the following elements, as applied to business practice? a. it causes substantial harm to consumers b. consumers cannot reasonably avoid the injury c. consumers cannot sue the business because the losses per person are too small d. the injury is harmful in its net effects e. all of the other choices are required elements

The FTC uses the to put its policy about advertising into effect: a. advertising monitoring program b. advertising regulation program c. advertising substantiation program d. advertising decree program e. legitimate advertising program

The FTC's states that the information received in consumer reports must be properly destroyed after it has been used for its proper purpose. a. Fairness Rule b. R-value Rule c. Disposal Rule d. Destruction Rule e. Shredded Documents Rule

The Fair Credit Reporting Act: a. applies to anyone giving financial information about another person b. provides a statutory right for anyone to obtain a credit report about another person, so long as all parties involved are notified c. regulates consumer credit bureaus d. applies to anyone giving financial information about another person and provides a statutory right for anyone to obtain a credit report about another person, so long as all parties involved are notified e. applies to anyone giving financial information about another person and provides a statutory right for anyone to obtain a credit report about another person, so long as all parties involved are notified and regulates consumer credit bureaus

The Fair Debt Collection Practices Act applies to: a. all creditors attempting to collect debts b. merchants attempting to collect debts from their customers, but not to financial institutions c. debt collection agencies d. merchants attempting to collect debts from their customers, but not to financial institutions, and to debt collection agencies e. all creditors attempting to collect debts and merchants attempting to collect debts from their customers, but not to financial institutions, and to debt collection agencies

The Fair Debt Collection Practices Act restricts: a. creditors attempting to sell credit card services b. to ten the number of times a debt collector may contact a consumer in a 60 day period when attempting to collect a debt c. abusive techniques used by debt collection agencies d. the use of 800 number phone lines by collection agencies e. all of the other choices

The Food Additives Amendment (Delaney Clause) to the Food, Drug, and Cosmetic Act: a. prohibited the use of food additives in food sold for consumption by humans b. gave the U.S. Department of Agriculture the authority to study food additives and make the findings public c. gave the FDA authority to set safe use levels of food additives d. prohibited the FDA from regulating food additives e. did none of the other choices

The Food and Drug Administration does not have which of the following powers: a. to restrict false advertising of drugs b. to inspect plants where drugs are manufactured c. to decide which drug company will develop which kinds of new drugs d. to seize drugs that have been approved to be on the market e. all of the other choices are FDA powers

The Food, Drug and Cosmetics Act was passed in 1938 after: a. a large outbreak of food poisoning b. a large numbers of women suffered adverse reactions to a particular face cream c. many people were poisoned by a non-prescription medicine d. several people in Ohio died after eating an infected batch of ground beef e. the drug companies requested an increase of regulation

The Food, Drug and Cosmetics Act was passed in: a. 1906 b. 1927 c. 1938 d. 1940 e. 1950

The Food, Drug, and Cosmetic Act as passed in 1938: a. repealed the 1906 Pure Food and Drug Act b. gave the FDA responsibility to restrict the levels of food additives used c. allowed the FDA to approve drugs for sale as prescription or non-prescription drugs d. allowed the FDA to prohibit drugs not demonstrated to be effective e. all of the other choices

The Truth-in-Lending Act covers only certain classes of consumer credit transactions. For example, the: a. debtor must be a business organization b. creditor may not be a business organization c. creditor must be in the business of regularly granting credit d. debtor must be a business organization and the creditor must be in the business of regularly granting credit e. creditor may not be a business organization and the creditor must be in the business of regularly granting credit

The Truth-in-Lending Act: a. is intended to help married women establish credit history b. is intended to eliminate credit discrimination on the basis of sex, race, color, religion, and other characteristics set forth in the Act c. encourages competition in financing consumer credit d. restricts interest rates creditors may charge consumers e. all of the other choices

The has primary responsibility for sanitation of meat, poultry, and eggs: a. U.S. Chemistry Bureau b. U.S. Food Bureau c. U.S. Department of Agriculture d. U.S. Department of Food and Drugs e. U.S. Department of Meat

The main reason that drug companies today produce only about half as many new drugs each year compared to previous decades is: a. there are fewer diseases that drugs can be made for b. people are turning to natural medicine rather than drugs c. the high cost and long time frame involved in clearing all the FDA hurdles to market a new drug d. the lack of science majors graduating in the United States e. the economic downturn

The most heavily controlled medical devices are: a. class I b. class II c. class III d. restricted class e. high class

U-Haul sued a competitor, Jartran, for making false claims about the two companies in its ads. The lawsuit, which was successful, was brought under the: a. FTC Act b. Magnuson-Moss Act c. Lanham Act d. False Advertising Act e. Advertising Substantiation Act

Under FDA regulations, vitamins such as thiamin, riboflavin and niacin: a. may not occur in more than trace amounts in packaged food b. may not be present even in trace amounts in packaged food c. need not be listed on nutrition labels d. must be listed on nutrition labels e. must be clearly advertised on the package of any commercially available food

Under the Electronic Fund Transfer Act, consumers have financial institutions. a. 7 days b. 30 days c. 60 days d. 120 days e. 6 months to report errors in their monthly statements from

Under the Electronic Fund Transfer Act, financial institutions have statements. a. 7 days b. 30 days c. 45 days d. 120 days e. 6 months to resolve disputes in customers' monthly

Under the Equal Credit Opportunity Act, a creditor is permitted to: a. request any information they think necessary to make a decision about a credit applicant b. discriminate against an applicant based on marital status c. consider information about indirect credit history of an applicant d. ask questions about applicant's plans to have children in order to calculate impact on future income e. none of the other choices

Under the FTC's Used Car Rule the Buyer's Guide must contain: a. a promise to pay for all repairs required in the next 30 days b. the color of the car c. warning that oral promises are difficult to enforce, with a suggestion to get all promises in writing d. all of the other specific choices are required e. none of the other specific choices are required

Under the FTC's Used Car Rule the Buyer's Guide must contain: a. a promise to pay for all repairs required in the next 30 days b. the color of the car c. a suggestion that the consumer ask for an independent inspection of the car d. all of the other specific choices are required e. none of the other specific choices are required

Under the Fair Credit Billing Act, a consumer must notify the creditor within charge. a. 1 week b. 30 days c. 60 days d. 90 days e. 6 months

When a FTC trade regulation rule is finalized it becomes part of the: a. Federal Register b. Code of Trade Regulations c. Code of Federal Regulations d. Code of State Regulations e. Federal Trade Regulation Code

Which of the following is an example of an FTC trade regulation rule? a. The Deodorant Rule b. The Office Furniture Rule c. The Used-Car Rule d. all of the other choices e. none of the other choices

Which of the following is not a feature of the Fair Credit Billing Act: a. restricts the mailing of unsolicited credit cards b. creditors must follow specific procedures in case a bill is disputed c. maximum liability for unauthorized charges is $100 if the creditor is notified d. procedures exist for reporting stolen or lost credit cards e. all of the other choices are features of the Act

Which of the following is not part of the FTC policy statement for determining if a practice is deceptive? a. there is a misrepresentation or omission of information in a communication to consumers b. the deception is likely to mislead a reasonable consumer c. there is proximate cause between the deception and the losses suffered by consumers who are misled d. the deception is material⎯likely to mislead the consumer to his or her detriment e. all of the other choices are a part of the deception standard

Which of the following items is not required to be disclosed by a creditor as a part of the statement given a debtor? a. service, activity, carrying and transaction charges b. loan fees and points c. portion of interest charges to cover creditor expenses d. charges for credit life and credit accident and health insurance e. fees for credit reports and appraisals in non-real estate transactions

Which of the following statements about the Truth-in-Lending Act is (are) true? a. it limits the interest rates that may be charged b. it prohibits the use of appraisal fees c. it does not apply to many loans over $25,000 d. it requires all consumers be offered identical credit terms e. all of the other choices are true

Which of these is most likely to be attacked by the FTC as a deceptive business practice? a. selling stock to investors in a company for three times its true value b. charging 25% interest on consumer loans when the market rate of interest is 10% c. mailing office supplies to corporations that did not order them, but then pay the bill because they thought they did order them d. telling consumers that a brand of jeans is special and selling them for double what other jeans sell for, when they are the same as other jeans except for the name e. all of the other choices

Under the securities law, liability for misstatements:

can be imposed for overly optimistic statements made by executives that are not soundly grounded

If over half of the employees at a workplace vote for union representation, the NLRB will:

certify the union as the exclusive bargaining agent for all employees in the bargaining unit

To help enforce the Clean Air Act, in some cases besides EPA enforcement there may be:

citizen suits

To help enforce the Clean Air Act there may be:

citizen suits and EPA fines

In non-right-to-work states, employees at unionized workplaces are required to pay agency fees, equal to a large percent of union dues, if they refuse to pay union dues. According to the Supreme Court, a union may:

collect agency fees from non-members, but must explain how fees are determined so that the non-members do not have to pay fees used for political purposes

What is not true about the operation of the Occupational Safety and Health Act?

compliance with OSHA standards is voluntary

Before the Norris-La Guardia Act, federal courts:

could issue injunctions to stop labor strikes

. A consumer buys furniture. The store gives the consumer $2,000 credit to be paid back over two years. The store fails to disclose the interest rate that it charges for credit. Under the Truth-in-Lending Act, the store is wrong for not listing the interest: a. but the customer agreed to it, so there is no violation b. but the consumer's only recourse is to cancel the contract c. and must give the consumer the goods for free as a result d. and may have to pay the consumer up to $1,000 (civil damages) plus attorney fees e. there is no violation here

. Comparing regulation of drugs to other countries, the U.S. is: a. not very strict compared to nations of Europe b. not very strict compared to most underdeveloped nations c. one of the strictest nations but has little impact on the world market d. one of the strictest nations and has great impact on the world market e. none of the other choices

. Under the Fair Credit Reporting Act, consumer bureaus may sell consumer credit reports to: a. anyone willing to pay for one b. any person or business who signs an affidavit attesting to legitimate use of the information c. any person or business who signs an affidavit attesting to legitimate use of the information, knowing that the fact of the purchase is public record d. those needing reports for legitimate business needs e. firms that comply with the Truth-in-Lending Act's disclosure rules

181. Which of the following is an amendment to the Civil Rights Act of 1964: a. the Equal Employment Opportunity Act of 1972 b. the Pregnancy Discrimination Act of 1978 c. the Civil Rights Act of 1991 d. all of the other specific choices are amendments e. none of the other specific choices are amendments

182. Title VII applies to employers with: a. any number of workers b. five or more workers c. ten or more workers d. fifteen or more workers e. fifty or more workers

187. San Francisco's civil rights law that prohibits employment discrimination based on height or weight is an example of: a. a prohibited practice of having different civil rights laws for different cities b. the federal government extending discrimination coverage in a certain area c. a city's illegal extension of discrimination coverage beyond Title VII d. a city's extension of discrimination coverage beyond Title VII e. none of the other choices are correct

212. If Joe, an African-American employer with light skin, discriminates against Omar, an African-American employee with dark skin, Omar will most likely file a discrimination claim based on: a. sex b. race c. national origin d. color e. religion

216. The group that brings the most discrimination claims based on national origin is: a. whites b. Asians c. Native Americans d. Hispanics e. none of the other choices are correct

220. An employee joins a religion that requires members to keep a chicken by their side all morning and then cut-off the chicken's head at noon and suck the blood. The employer tells the employee that he may not do this at work. The employee claims he has the right to do this as a religious belief, so the employer fires him. If sued for discrimination, the court will likely rule that: a. these religious beliefs are valid and so they must be allowed b. the chicken act may be done, but only in a room set aside for that purpose c. this is an odd "religion," so Title VII does not apply d. this behavior imposes undue hardship on the employer so need not be tolerated e. the employee should be required to go to a class on the humane treatment of animals

229. Title VII prohibits discrimination in employment based on sex. This does not include: a. sexual preferences b. marital status c. being a male d. sexual preferences or marital status e. sexual preferences or marital status or being a male

234. Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act? a. not providing health insurance to employees b. suspending a pregnant waitress because she might not be appealing to the diners at a café c. denying a pregnant reporter an assignment to a dangerous country because of her condition d. suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition e. suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition and not providing health insurance to employees

235. Which of the following are examples of illegal discrimination under the Pregnancy Discrimination Act? a. not giving more time off to an employee suffering a difficult pregnancy b. suspending a pregnant waitress because she might not be appealing to the diners at a café c. denying a pregnant reporter an assignment to a dangerous country because of her condition d. suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition e. suspending a pregnant waitress because she might not be appealing to the diners at a café and denying a pregnant reporter an assignment to a dangerous country because of her condition and not giving more time off to an employee suffering a difficult pregnancy

243. When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring: a. is an invasion of privacy b. is an invasion of privacy if personal e-mails are reviewed, not work-related e-mails c. is sexual harassment if directed at women employees d. is legal, employers have the right to do so, in part to prevent sexual harassment e. none of the other choices

The Clean Air Act requires the EPA to:

do all of the other choices

250. Quid pro quo sexual harassment occurs when: a. there are sexually explicit pictures displayed in the workplace b. one employee touches another in an offensive way c. an employer uses crude or demeaning language in private d. there is a promise of a reward, such as a pay raise, for providing sexual favors e. none of the other choices are correct

255. The hostile environment form of sexual harassment occurs in which of the following circumstances: a. an employer uses crude or offensive language b. an employer discusses sexual activities c. an employer displays sexually suggestive pictures in the workplace d. all of the other specific choices are correct e. none of the other specific choices are correct

259. In Harris v. Forklift Systems, a woman claimed that the behavior of her boss was illegal sexual harassment. The Supreme Court applied which standard to the case? a. the merely offensive standard b. the psychological trauma standard c. the offensive utterance standard d. the hostile work environment standard e. the physical harm standard

261. In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court described the hostile work environment standard as: a. taking an extreme position where the employee must be physically prevented from working for Title VII to apply b. taking an extreme position where the offender need only make a causal comment that could possibly be taken as sexual harassment for Title VII to apply c. useless in this case d. taking a middle path between making actionable any conduct that is merely offensive and requiring the conduct to cause a tangible psychological injury e. requiring at least a year of abuse before Title VII applied

264. In Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, the Supreme Court held that: a. there was no case under Title VII, which refers to harassment against women b. there was no case under Title VII, which refers to harassment against women, but there was a tort suit for battery c. the law restricts "simple teasing or roughhousing" regardless of sex d. the law restricts same-sex harassment e. none of the other choices

266. In Oncale v. Sundowner Offshore Services, a case concerning male-on-male sexual harassment, the Supreme Court held that: a. there was no case under Title VII, which refers to harassment against women b. there was no case under Title VII, which refers to harassment against women, but there was a tort suit for battery c. the law restricts "simple teasing or roughhousing" regardless of sex d. all cases should be viewed from a reasonable person perspective, taking into account all circumstances, regardless of sex e. none of the other choices

271. The Age Discrimination in Employment Act: a. prohibits discrimination against persons over age 40 b. requires that older employees be given physical exams if they work at jobs where safety is a serious concern c. applies to employers with 20 or more employees d. prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees e. prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees and requires that older employees be given physical exams if they work at jobs where safety is a serious concern

280. John and Lisa are candidates for promotions. John is 34, Lisa is 56. John is given the promotion. Management decided that since Lisa has said she plans to retire in four years, promoting her would make little sense. In this case, the company: a. had a legitimate reason for denying the promotion b. had a compelling reason for denying the promotion c. engaged in a forced retirement scheme d. discriminated illegally based on age e. showed a legal age preference

282. A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination and that the plaintiff was incompetent. In such instances: a. Title VII requires "clear and convincing" evidence for plaintiff to win b. federal civil procedure requires that plaintiff have "clear and convincing" evidence to win c. the judge must remove the case from the jury and make the determination under the guidelines set by the Supreme Court d. it is up to the jury to decide if the plaintiff has presented enough evidence to show discrimination e. the jury must find for the plaintiff if he or she has shown a prima facie case

285. Under federal law, if a person wishes to file a discrimination charge they must: a. file the charge within 10 days of an alleged discriminatory event b. file the charge within 18 days of an alleged discriminatory event c. file the charge within 60 days of an alleged discriminatory event d. file the charge within 180 days of an alleged discriminatory event e. there is no time limit for filing a discrimination charge

299. Disparate treatment (under Title VII) refers to: a. intentional discrimination b. unintentional discrimination c. illegally motivated employment decision d. intentional discrimination and illegally motivated employment decisions e. unintentional discrimination and illegally motivated employment decisions

312. Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a claim of hiring discrimination against an employer: a. plaintiff belongs to a protected class b. plaintiff meets job qualifications c. plaintiff was rejected d. employer had a record of discriminatory behavior e. all are part of the test

315. A person protected by Title VII applies for a job and is rejected. To prove a prima facie case of discrimination which of the following points need not be established? a. the person belongs to a protected class b. the person applied for a job and met the qualifications c. the person was rejected d. the person remained unemployed e. the employer continued to seek applications from other persons with similar qualifications

319. If, at a trial where a person has claimed employment discrimination has occurred, and the employer has offered a rationale for what happened, then: a. the plaintiff need do no more if a prima facie case had been established; the plaintiff wins b. the employer wins c. the court requests testimony from the EEOC about its investigation and opinion of the case d. the plaintiff must show the employer's reason is a pretext or excuse for illegal behavior e. the court usually sends the case to arbitration for resolution

If an agency agreement did not specify how much an agent would be paid for his work, the principal has a ____ the "customary" amount.

duty to compensate

322. Which of the following could be used as evidence in a discrimination trial that the employer's rationale was just pretext for disparate treatment: a. inconsistency in decision made by the employer b. giving different reasons at different times for the decision c. statistical evidence of discrimination based on sex d. all of the other specific choices are correct e. none of the other specific choices are correct

332. In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when an employee claimed she was subject to sexual harassment by her supervisor, but never reported the matter to superiors, the Supreme Court held that: a. if it was quid pro quo harassment, not hostile work environment, then the firm is liable if the discrimination is proven b. if it was hostile work environment, not quid pro quo harassment, then the firm is liable if the discrimination is proven c. if it was either hostile work environment or quid pro quo harassment, then the firm is liable if the discrimination is proven d. it does not matter whether it was hostile work environment or quid pro quo harassment, the firm is likely to be vicariously liable if it did not have an effective anti-harassment policy e. none of the other choices

340. If an employer uses a decision rule that causes discrimination in some aspect of employment based on protected class status, but the discrimination was unintentional, the discrimination is called: a. disparate treatment, but is legal so long as not intentional b. disparate treatment, which is illegal c. disparate impact, but is legal so long as not intentional d. disparate impact, which is illegal e. differential impact, but is legal so long as not intentional

348. A labor union had once been whites only but is now integrated. Its membership rules used to state that to obtain employment through the union you had to be related to or recommended by a union member. Such a rule would now be: a. not illegal because segregation had been eliminated b. not illegal because Title VII does not apply to unions c. illegal because blacks who entered the union would be junior to whites in seniority d. illegal because it would perpetuate past intentional discrimination e. none of the other choices

356. An employer may legally provide differential treatment to its employees based on: a. merit b. seniority c. business necessity d. merit, seniority or business necessity e. none of the other choices if they produce "differential results" based on race or sex

374. A male model claims that his income is lower than it would be because of the domination of women in the modeling industry. He is capable of modeling women's clothing and sues the modeling agency for sex discrimination for not hiring him. The court is likely to find that he: a. wins because of disparate treatment b. wins so long as he can show that equally qualified males are not treated as well as females c. wins because of disparate treatment d. loses because of bona fide occupational qualification e. loses because white males under age 40 are not members of a protected class

378. Which of the following characteristics cannot be a bona fide occupation qualification: a. sex b. religion c. national origin d. race e. all of the other specific choices can be a bona fide occupation qualification

382. If an employer is sued for age discrimination, which of the following defenses are not open to that employer? a. the employee was dismissed for good cause b. the employee did not do her work properly c. sex is a bona fide occupational qualification d. younger workers are cheaper to employ than older workers e. the employer was observing a bona fide seniority system

390. Executive Order 11246 was written: a. by the EEOC to require affirmative action programs of all governmental organizations b. by the Commerce Department to require affirmative action programs of all employers of 15 or more persons c. by the EEOC to require affirmative action programs of all organizations employing 15 or more persons d. by the President to require affirmative action programs of government contractors e. by the EEOC to require affirmative action programs of all organizations with federal contracts on behalf of disabled persons

401. If an employer is found to have engaged in illegal discrimination, under Title VII the courts may: a. require an offending employer to begin an affirmative action program b. require the employer to hire qualified employees in the protected class to make up for past discriminatory activities c. require the employer to train current minority employees to become qualified candidates for promotion to positions in which they are underrepresented d. all of the other specific choices are possible e. none of the other specific choices are possible

418. The Americans with Disabilities Act was passed in: a. 1964 b. 1973 c. 1978 d. 1990 e. 1996

423. The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who: a. has a physical impairment which substantially limits a major life activity b. has a sincere belief that he suffers a significant disability c. has a record of having a serious physical impairment d. has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment e. has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment or has a sincere belief that he suffers a significant disability

436. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is deaf, and he sued for disability discrimination, the appeals court held that: a. had no suit because being deaf is not a disability b. was disabled but incapable of doing the job, so had no cause of action c. was disabled and the County must find another position he is capable of performing d. was disabled and the County did not properly consider his ability to perform e. none of the other choices

439. Under the Americans with Disabilities Act, a person is "regarded as" having a disability if which of the following conditions is true: a. the person has a physical or mental impairment that does not substantially limit major life activities but is treated by the covered entity as constituting such limitation b. the person has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment c. the person has no impairment but is treated by a covered entity as having a substantially limiting impairment d. all of the other specific choices are correct e. none of the other specific choices are correct

450. It is NOT illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions: a. do you have AIDS? b. have you ever been treated for mental health problems? c. have you ever been treated for drug addiction? d. have you ever held a position like this before? e. all of the other specific choices are illegal

451. It is NOT illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions: a. do you have AIDS? b. have you ever been treated for mental health problems? c. have you ever been treated for drug addiction? d. are you currently using illegal drugs? e. all of the other specific choices are illegal

452. It is NOT illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions: a. do you have AIDS? b. have you ever been treated for mental health problems? c. have you ever been treated for drug addiction? d. have you ever been arrested for driving under the influence of alcohol? e. all of the other specific choices are illegal

454. Physical exams for new employees are legal if: a. the same test is given to all new employees b. the results are kept confidential c. the exams are related to the ability to do the job d. all of the other specific choices are necessary to make physical exams legal e. physical exams for new employees are never legal

A major enforcement agency of the Fair Credit Billing Act is: a. the Department of Justice b. the Office of the Attorney General c. the Treasury Department d. the Federal Trade Commission e. there is no government enforcement; all suits are private

A noteworthy change at the FDA in recent years is its: a. greater reluctance to approve drugs for use in life-threatening situations due to high toxicity of such drugs b. regulation of the sale of fish and shellfish c. increased inspection of foreign fruit shipments d. allowing quicker approval for use of drugs that show promise in treating life-threatening diseases e. dropping the quarantine requirements that apply to animals brought into the U.S.

A prescription drug is one that: a. has serious side effects b. is expensive c. requires insurance to purchase d. may only be used with the permission of a physician e. may be purchased by anyone

A woman applies for credit from a department store. Which of the following information is legal for the department store to consider in deciding if it should give credit? a. that her former husband ran up a large unpaid bills b. that she is pregnant c. that she receives Food Stamps d. that she had six credit cards canceled for non-payment e. all of the other choices are illegal to consider

According to FDA standards, food that is labeled as "fresh" must NOT have been: a. processed b. frozen c. preserved d. all of the other specific choices are correct e. none of the other specific choices are correct

According to the FTC, which of the following things would indicate a unfair act or practice: a. the act or practice causes substantial harm to consumers b. consumers cannot reasonably avoid injury c. the injury from the act or practice is harmful in its net effects d. all of the other specific choices are correct e. none of the other specific choices are correct

An art gallery sells fake "authorized" Vincent Van Gogh prints to clients for $50,000 each, telling buyers their purchases are good investments. If the FTC sues, the gallery will: a. win because purchasing the prints did not harm the clients b. win because the doctrine of caveat emptor applies to art c. win because the purchasers are sophisticated art investors d. lose because its actions meet the FTC test for deception e. lose because Van Gogh is currently out of vogue

Before passage of the 1938 Food, Drug, and Cosmetic Act, drugs were: a. all prescribed by physician only b. all prescribed by pharmacists and physicians c. regulated by the FDA only if they posed "serious risks" to human health d. either legal or illegal e. completely unregulated, you could buy anything

Every year millions of children are vaccinated against polio. For reasons that are unclear, some children contract polio from the vaccine, even though their dose was no different than the others. Assume that child who contracts polio after receiving a vaccine sues the vaccine maker for damages. The likely result of the case will be that: a. no liability will be imposed because of the public health benefits from the polio vaccine campaign b. no liability will be imposed because the FDA Act prohibits liability from being imposed on drug producers who sell FDA approved drugs c. if the FDA has approved the vaccine, liability may not be imposed due to the learned intermediary doctrine d. it is uncertain if liability will be imposed; FDA approval is not a shield against liability e. even if the FDA has approved the vaccine, the rule of strict liability makes the producer legally liable for all damages

FTC consent decrees agreed to by firms accused of illegal trade practices: a. contain the terms of a settlement b. may include redress for consumers c. may include prison time for scam operators d. contain the terms of a settlement and may include redress for consumers e. contain the terms of a settlement and may include redress for consumers and may include prison time for scam operators

Fair credit reporting refers to the requirement that creditors: a. must disclose all relevant terms in credit transactions b. must not use sex or race to determine a person's creditworthiness c. must not use abusive debt collection techniques d. credit reporting agencies must provide accurate information in consumer reports e. none of the other specific choices are correct

If a consumer's application for credit is denied, the creditor must provide written notice to the consumer containing what information? a. the name and address of the federal agency regulating compliance by the creditor b. a list of other possible sources of credit c. either the specific reasons for the action taken or disclose the applicant's right to receive a statement of reasons d. the name and address of the federal agency regulating compliance by the creditor and either the specific reasons for the action taken or disclose the applicant's right to receive a statement of reasons e. the name and address of the federal agency regulating compliance by the creditor and either the specific reasons for the action taken or disclose the applicant's right to receive a statement of reasons and a list of other possible sources of credit

If there is an error in a consumer's file at a consumer reporting agency, the person should: a. hire a "credit repair" company to correct the error b. request a hearing by an FTC Administrative Law Judge c. notify the FTC about the error, which will have it investigated and corrected, if the loss to the consumer is "significant" d. notify the consumer reporting agency, which changes the information or puts a statement from the consumer in the file e. do none of the other choices

Making a new substance that might one day become a marketable drug takes an average of: a. 2 years b. 3 years c. 5 years d. 7 years e. 10 years

Nutrition labeling does not require which of the following to be listed per serving portion: a. total fat b. fiber c. calcium d. riboflavin e. carbohydrates

Suppose a debt collector has been calling and sending notices of a debt you owe. If you wish to end further notification from the debt collector, you must: a. obtain an injunction against further contact b. pay the debt in full within 30 days c. contact the Federal Trade Commission to request limits to notification d. send the debt collector a letter requesting they stop contact e. none of the other choices

Telemarketers are subject to which of the following: a. the Telephone Consumer Protection Act b. the Telemarketing and Consumer Fraud and Abuse Prevention Act c. the Telemarketing Protocol Act d. both choices a and b are correct e. both choices b and c are correct

The Consumer Financial Protection Bureau has been instructed by Congress to focus on which of the following areas: a. cracking down on financial scams aimed at ordinary consumers b. ensuring that the terms of financial documents are transparent c. focusing on the practices of non-bank institutions to limit practices deemed particularly unfair d. all of the other specific choices are correct e. none of the other specific choices are correct

The Consumer Leasing Act would apply to which of the following leases: a. living room furniture for three months b. an apartment for a year c. a car for a week d. a big-screen television for a year e. all of the other choices would be covered if for personal, not business, use

The Consumer Leasing Act: a. applies to most apartment leases b. only applies to leases for less than $25,000 c. only applies to leases lasting longer than four months d. applies to leases for less than $25,000 and applies to leases lasting longer than four months e. applies to leases for less than $25,000 and applies to leases lasting longer than four months and applies to most apartment leases

The Electronic Fund Transfer Act: a. makes financial institutions liable to the consumer for damages caused by its failure to make an electronic transfer of funds b. limits liability of the erring financial institution to actual damages proved c. limits liability of an erring financial institution to the lesser of $500 or the amount of the incorrect transfer d. makes financial institutions liable to the consumer for damages caused by its failure to make an electronic transfer of funds and limits liability of the erring financial institution to actual damages proved e. makes financial institutions liable to the consumer for damages caused by its failure to make an electronic transfer of funds and limits liability of an erring financial institution to the lesser of $500 or the amount of the incorrect transfer

The Fair Credit Billing Act that governs credit card issuers: a. prohibits mailing unsolicited credit cards b. applies only to credit cards that charge interest on existing balances c. establishes procedures for lost or stolen credit cards d. prohibits mailing unsolicited credit cards and establishes procedures for lost or stolen credit cards e. prohibits mailing unsolicited credit cards and establishes procedures for lost or stolen credit cards and establishes procedures for lost or stolen credit cards

The Fair Debt Collection Practices Act applies to: a. all creditors attempting to collect debts b. all corporations attempting to collect debts c. merchants attempting to collect debts from their customers, but not to financial institutions d. debt collection agencies e. all of the other choices

The Federal Trade Commission regulates: a. deceptive business practices b. false advertising claims c. highly risky stock deals d. deceptive business practices and false advertising claims e. deceptive business practices and false advertising claims and highly risky stock deals

The Food Quality Protection Act holds that a substance may be approved for use in food if: a. there is "no risk" b. there is "no risk" it could induce cancer in humans c. there is a "de minimus risk" of cancer in man or animals d. there is a "reasonable certainty of no harm" e. none of the other choices

The Food Quality Protection Act requires that the FDA ensure a processed. a. total certainty of no harm b. complete certainty of no harm c. relative certainty of no harm d. reasonable certainty of no harm e. possible certainty of no harm

The Food and Drug Administration has a annual budget. a. $100 million b. $40 million c. $4 million d. $4 billion e. $400 billion

The Food and Drug Administration is NOT involved in: a. food sanitation and processing b. studying biological products c. studying veterinary products d. cleaning environmental contaminants from food processing plants e. all of the other specific choices are correct

The Food and Drug Administration: a. inspects drug manufacturing facilities b. prohibits the sale of drugs without FDA approval c. prohibits the sale of prescription drugs to anyone under age 19 without parental consent d. inspects drug manufacturing facilities and prohibits the sale of drugs without FDA approval e. inspects drug manufacturing facilities and prohibits the sale of drugs without FDA approval and prohibits the sale of prescription drugs to anyone under age 19 without parental consent

The average cost of developing a new drug and clearing all FDA regulations to get the drug to market are about a billion dollars and are: a. paid by the FDA only if the drug is approved b. paid by the FDA only if the drug is not approved c. paid by the FDA whether or not the drug is approved d. paid by the drug companies e. paid by the National Institute of Health

The principal is under a ____ for damages to cover the agent's losses (such as from litigation) suffered while undertaking authorized transactions for the principal.

duty to indemnify

What is not a feature of the Consumer Credit Protection Act: a. abusive debt collection tactics are limited b. credit reporting agencies must follow certain rules about accuracy in consumer reports c. creditors must follow certain procedures for handling charges disputed by consumers d. creditors may not charge interest rates that exceed the federal maximum rates e. all of the other choices are features of the Act

What regulation, written by the Federal Reserve Board to implement the Truth-in-Lending Act, specifies items that must be listed as part of consumer finance charges? a. Regulation C b. Regulation X c. Regulation T d. Regulation Z e. none of the other choices

When the Consumer Credit Protection Act was passed in 1968 there was about $100 billion worth of consumer credit outstanding; not the figure is about: a. $200 billion b. $300 billion c. $1 trillion d. $2.5 trillion e. $5 trillion

Which of the following can be sued for by consumers under the TILA: a. twice the amount of the finance charge (up to $1000) b. court costs c. attorney's fees d. all of the other specific choices are correct e. none of the other choices are correct

Which of the following is NOT a required disclosure under the Consumer Leasing Act: a. number, amount, and period of the payments and the payment total b. express warranties offered by the leasing party or the manufacturer of the leased property c. identification of the party responsible for maintaining the leased property d. all of the other specific choices are required e. none of the other specific choices are required

Which of the following is NOT a required disclosure under the Consumer Leasing Act: a. number, amount, and period of the payments and the payment total b. express warranties offered by the leasing party or the manufacturer of the leased property c. identification of the party responsible for maintaining the leased property d. the number of leases both parties are involved in e. all of the other specific choices are required

Which of the following is a part of the FTC's policy about advertising: a. advertising must be truthful and non-deceptive b. advertisers must have evidence to back up their claims c. advertisements cannot be unfair d. all of the other specific choices are correct e. none of the other specific choices are correct

Which of the following is an example of a class II medical device: a. surgical materials b. wheelchairs c. x-ray machines d. all of the other specific choices are correct e. none of the other specific choices are correct

Which of the following is an example of a class III medical device: a. heart valves b. pacemakers c. bone implants d. all of the other specific choices are correct e. none of the other specific choices are correct

Which of the following is an example of an FTC trade regulation rule? a. The Mail Order Rule b. The R-value Rule c. The Used-Car Rule d. all of the other choices e. none of the other choices

Which of the following is considered harassing, deceptive or unfair under the Fair Debt Collection Practice Act: a. threats of violence b. threats of arrest c. obscene language d. all of the other specific choices are correct e. none of the other specific choices are correct

Which of the following is part of the FTC's three part test for deciding whether a particular act or practice is deceptive: a. there is a misrepresentation or omission of information in a communication to consumers b. the deception is likely to mislead a reasonable consumer c. the deception is material d. all of the other specific choices are correct e. none of the other specific choices are correct

Which of the following was NOT a factor in triggering the passage of the Pure Food and Drug Act: a. studies by a government chemist showed some food preservatives were harmful to humans b. publication of Upton Sinclair's book The Jungle c. deaths in the Spanish-American War from impure food d. deaths in WWII from impure drugs e. all of the other specific choices are correct

Which of these does not violate the Fair Debt Collection Practices Act? The debt collector: a. claims to be an attorney when talking to the debtor b. publishes a list of actual debtors in the newspaper c. threatens to beat up the debtor d. calls every day to remind the debtor of the debt it owes to the collector e. all of the other choices are illegal

is a regulation written by the Federal Reserve Board specifying items that must be listed as part of consumer finance charges under the Truth-in-Lending Act. a. Regulation C b. Regulation X c. Regulation T d. Regulation Z e. none of the other choices

A plaintiff wishing to prove a case of strict liability for abnormally dangerous activities must show that the:

defendant discharged an abnormally dangerous substance and defendant's discharge caused the plaintiff's harm

To help further the goal of water pollution reduction, states must do what regarding point source pollution:

designate all surface water as to intended use

Suppose there has been securities fraud in the preparation of materials sent to investors who then lose money. Potentially which of the following may be liable?

directors of the company and high-level officers of the company and accountants, lawyers and other professionals who helped prepare the material

Firms that have water pollution permits must monitor their own performance and file what are called:

discharge monitoring reports

Which of the following is not subject to mandatory bargaining?

dividends for stockholders

159. Historically, the common law permitted employers to: a. hire workers only with government approval b. fire workers only with government approval c. fire workers at any time for "good cause" d. fire workers for reasons listed in an employee handbook e. none of the other choices

161. Jim Crow laws were federal and state laws that: a. prohibited racial segregation and labor market discrimination b. restricted racial segregation and labor market discrimination c. restricted unions' ability to discriminate based on sex d. restricted unions' ability to discriminate based on race e. none of the other choices are correct

163. The first federal law that specifically addressed equal employment issues was the: a. Landrum-Griffin Act of 1959 b. Civil Rights Act of 1964 c. National Labor Relations Act of 1935 d. Interstate Commerce Act of 1887 e. Equal Pay Act of 1963

164. The first federal law that specifically addressed equal employment issues was the: a. Landrum-Griffin Act of 1959 b. Civil Rights Act of 1964 c. National Labor Relations Act of 1935 d. Interstate Commerce Act of 1887 e. none of the other choices

166. The Equal Pay Act of 1963 was: a. the last in a series of federal employment discrimination statutes b. the most recent federal employment discrimination statute c. the first state employment discrimination statute d. a major setback for supporters of antidiscrimination legislation e. none of the other choices are correct

167. The Equal Pay Act: a. prohibits pay discrimination on the basis of age b. prohibits pay discrimination on the basis of sexual orientation c. prohibits pay discrimination on the basis of seniority d. encourages pay discrimination on the basis of nationality e. prohibits pay discrimination on the basis of sex

168. The Equal Pay Act: a. prohibits pay discrimination on the basis of age b. prohibits pay discrimination on the basis of sexual orientation c. prohibits pay discrimination on the basis of seniority d. encourages pay discrimination on the basis of nationality e. none of the other choices are correct

170. Under the ____, it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions a. Equal Conditions Act b. Equal Compensation Act c. Common Wage Act d. Civil Rights Act e. none of the other choices are correct

171. It is illegal to pay men and women employees different wages when their jobs require which of the following: a. equal skill b. equal effort c. equal responsibility d. the same working conditions e. all of the other specific choices are correct

172. The Equal Pay Act allows differences in wages between men and women employees if the differences are due to: a. a system that measures earnings by quantity produced b. a merit system c. a seniority system d. a system that measures earnings by quantity produced or a merit system e. a system that measures earnings by quantity produced or a merit system or a seniority system

173. Under the Equal Pay Act, men and women may be paid different wages if: a. wages are based on a seniority system b. wages are based on a merit system c. wages are based on quantity of production d. wages are based on quality of production e. all of the other choices are correct

175. Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by: a. lowering the wages received by men b. lowering the wages received by women c. raising the wages received by men d. giving stock options to the group discriminated against e. none of the other choices

176. Violations of the Equal Pay Act can result in what corrective action? Employees: a. paid too little must be given back wages to equalize their past low earnings b. paid too little may be given a payment beyond the amount of back wages they are due to penalize the employer c. who successfully sue their employer may be awarded attorney's fees and court costs d. paid too little must be given back wages to equalize their past low earnings and who successfully sue their employer may be awarded attorney's fees and court costs e. paid too little must be given back wages to equalize their past low earnings and who successfully sue their employer may be awarded attorney's fees and court costs and paid too little may be given a payment beyond the amount of back wages they are due to penalize the employer

178. The most important antidiscrimination employment law is: a. Title V of the Civil Rights Act of 1964 b. the Equal Pay Act of 1963 c. Title I of the Civil Rights Act of 1963 d. Title VII of the Civil Rights Act of 1963 e. none of the other choices are correct

180. 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: a. National Labor Relations Board b. U.S. Civil Rights Commission c. Department of Labor d. Equal Pay Commission e. none of the other choices

184. For Title VII of the Civil Rights Act to apply, an employer must have: a. at least 5 employees b. no more than 50 employees c. at least 100 employees d. at least 10 employees e. none of the other choices are correct

188. Title VII of the Civil Rights Act protects all of the following classes from employment discrimination except: a. race b. color c. national origin d. women who are not pregnant e. all of the other choices are protected

189. Besides regular private employers, Title VII applies to which of the following? a. labor unions b. employment agencies c. government agencies d. labor unions and employment agencies e. labor unions and employment agencies and government agencies

190. Title VII applies to regular private employers; which of the following does it not apply to? a. labor unions b. employment agencies c. government agencies d. it does not apply to any of the other specific choices e. it applies to all of the other specific choices

191. Title VII of the Civil Rights Act applies to which of the following: a. private employers with 15 or more employees b. employment agencies c. labor unions in the private sector d. labor unions in the public sector e. Title VII applies to all of the other specific choices

194. Title VII of the Civil Rights Act applies to which of the following: a. private employers with 15 or more employees b. employment agencies c. labor unions in the private sector d. law firms e. Title VII applies to all of the other specific choices

195. Under Title VII, a protected class may be composed of people who share the same: a. race b. gender c. religion d. national origin e. all of the other choices

198. Under Title VII, officially recognized racial classes include: a. whites b. Native Americans c. Hispanics d. whites and Native Americans e. whites, Native Americans and Hispanics

200. Which is not an officially recognized racial group under Title VII: a. Hispanics b. Asians c. whites d. Native Americans e. all of the other choices are recognized

203. 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: a. legal under Title VII b. proper, since under Title VII minorities may be given preferential treatment c. proper if the employer had an affirmative action program to favor black employees d. proper since whites are not protected by Title VII and, therefore, cannot claim protection e. none of the other choices

206. The preferential treatment of members of protected classes is: a. guilt-driven discrimination b. irrational discrimination c. legal discrimination d. equalizing discrimination e. none of the other choices are correct

214. Title VII restricts discrimination based on: a. appearance b. experience c. education d. attitude e. none of the other choices

221. An employee joins a religion that requires members to keep a chicken by their side all morning and then cut-off a chicken's head at noon and suck the blood. The employer tells the employee that he may not do this at work. The employee claims he has the right to do this as a religious belief, so the employer fires him. If sued for discrimination, the court will likely rule that: a. these religious beliefs are valid and so they must be allowed b. the chicken act may be done, but only in a room set aside for that purpose c. this is an odd "religion," so Title VII does not apply d. the employee should be required to go to a class on the humane treatment of animals e. none of the other choices

228. Title VII prohibits discrimination in employment based on sex. This does not include: a. sexual preferences b. marital status c. sexual identity d. sexual preferences or sexual identity e. sexual preferences or sexual identity or marital status

232. The Pregnancy Discrimination Act, a part of Title VII, provides protection for which pregnancy-related condition? a. fringe benefits b. childbirth c. related medical conditions d. insurance benefits and childbirth e. childbirth and related medical conditions and fringe benefits

233. Title VII sex discrimination includes discrimination with respect to: a. plans to have children in the future b. current pregnancy c. having children already d. insurance benefits and childbirth e. all of the other choices are included under the law

242. A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work late or leave early due to feeling badly. Under the Pregnancy Discrimination Act, her employer must give her additional time off: a. with pay, only if a physician recommends that b. with pay, if she provides medical evidence that it is necessary c. with pay, by extending her sick time and leave time, as required by law d. with pay, if she requests it, so long as she is pregnant e. none of the other choices

244. Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal: a. never, because it is an invasion of privacy. b. only if an e-mail concerns an illegal matter. c. only if the e-mails concern company business. d. so long as the employees give the employer permission. e. because e-mails are being transmitted on company time and property.

245. Sexual harassment does not appear to include: a. commenting on physical attributes b. deliberate, unsolicited touching of a sexual nature c. using crude or offensive language directed at a woman d. discussing explicit sexual activities e. all of the other choices may be included

249. Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called: a. bona fide impact b. impact favoritism c. differential favoritism d. differential standard e. none of the other choices

251. An example of quid pro quo sexual harassment would be: a. discussing sexual activities at work b. commenting on the physical attributes of another worker c. saying demeaning things about women d. showing sexually explicit photos e. none of the other choices are specific to quid pro quo harassment

254. Sexual harassment legally does not include: a. "unwelcome" advances b. offensive working environment c. verbal conduct of a sexual nature d. any of the other choices e. all of the other specific choices may be illegal

256. To determine if there is a hostile environment in a sexual harassment case courts look at: a. how often the conduct in question occurred b. whether the alleged harassment was by a supervisor or a co-worker c. whether there was talk or actual talk d. whether more than one person was involved e. all of the other specific choice are correct

258. In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court held: a. all offensive conduct is illegal sexual harassment b. even if the subject of the harassment does not care, an employer may still be liable for remarks that a reasonable person would find offensive c. the woman failed to show mental distress sufficient for a cause of action under Title VII d. employers will be liable only if the employee can prove physical harm e. none of these

260. In Harris v. Forklift Systems, a woman claimed that the behavior of her boss was illegal sexual harassment. The Supreme Court applied which standard to the case? a. the merely offensive standard b. the psychological trauma standard c. the offensive utterance standard d. the physical harm standard e. none of the other choices

262. In Harris v. Forklift Systems, a woman sued her employer based on the conduct of her male boss. The Supreme Court described the hostile work environment standard as: a. taking an extreme position where the employee must be physically prevented from working for Title VII to apply b. taking an extreme position where the offender need only make a causal comment that could possibly be taken as sexual harassment for Title VII to apply c. useless in this case d. requiring at least a year of abuse before Title VII applied e. none of the other choices are correct

270. Under the Age Discrimination in Employment Act employers: a. are not prohibited from cutting the health care benefits of employees over the age of 65 b. are prohibited from discriminating in employment against persons only over age 65 c. are prohibited from discriminating in employment against persons under age 21 d. may discriminate on the basis of age only if customers of the firm would object to the older employees e. none of the other choices

272. The Age Discrimination in Employment Act: a. prohibits discrimination against men over age 40 b. prohibits discrimination against women over age 40 c. applies to employers with 20 or more employees d. prohibits discrimination against women over age 40 and applies to employers with 20 or more employees e. prohibits discrimination against men and women over age 40 and applies to employers with 20 or more employees

273. Which of the following is an example of age discrimination: a. forcing retirement because of age b. requiring older workers to pass physical examinations as a condition of continued employment c. indicating an age preference in advertisements for employees d. choosing to promote a younger worker rather than an older worker, because the older worker may be retiring in several years e. all of the other specific choices are correct

281. John and Lisa are candidates for promotions. John is 34, Lisa is 56. John is given the promotion. Management decided that since Lisa has said she plans to retire in four years, promoting her would make little sense. In this case, the company: a. had a legitimate reason for denying the promotion b. had a compelling reason for denying the promotion c. engaged in a forced retirement scheme d. had a bona fide occupational qualification exemption for the decision e. none of the other choices

283. A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination and that the plaintiff was incompetent. In such instances: a. Title VII requires "clear and convincing" evidence for plaintiff to win b. federal civil procedure requires that plaintiff have "clear and convincing" evidence to win c. the judge must remove the case from the jury and make the determination under the guidelines set by the Supreme Court d. the jury must find for the plaintiff if he or she has shown a prima facie case e. none of the other choices

288. If the EEOC investigates a discrimination claim and finds no reasonable cause: a. it will fine the plaintiff b. it will pass the charge on to the Supreme Court c. it will fine the employer, but not send the case to court d. it will issue a right to sue letter e. none of the other choices are correct

290. If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further, the: a. employee files suit against the employer with an EEOC administrative law judge b. EEOC investigator files suit against the employer with an EEOC administrative law judge c. EEOC turns the case over to the Department of Justice for possible prosecution d. the complaint is dead because the EEOC would carry it no further e. none of the other choices

291. The laws against discrimination in employment cover which of the following areas: a. hiring b. promotion c. transfers d. discipline e. all of the other specific choices are correct

292. The laws against discrimination in employment cover which of the following areas: a. pay raises b. benefits c. termination d. discipline e. all of the other specific choices are correct

293. The laws against discrimination in employment DO NOT cover which of the following areas: a. pay raises b. benefits c. termination d. discipline e. all of these areas are covered by laws against discrimination in employment

294. The laws against discrimination in employment DO NOT cover which of the following areas: a. hiring b. promotion c. transfers d. opportunities e. all of these areas are covered by laws against discrimination in employment

298. Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks; they display pornographic materials in the offices; and harass her while she is working. After putting up with this for a year, Lucy quit in disgust. She may sue under Title VII based on: a. disparate impact b. remedial standards c. bona fide occupational qualification d. remedial standards and disparate impact e. none of the other choices

302. Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal: a. BFOQ b. dissolute impact c. paternalism discrimination d. regional differences discriminations e. none of the other choices

304. Surveys show that people may prefer to deal with members of their own race. A company assigns white salespersons to white clients and Hispanic salespersons to Hispanic clients. This makes revenues to all the salespersons higher than if the sales-persons were assigned randomly. Assignments based on race are: a. illegal only if the salespersons earn different wages b. legal since the interests of the customers is the same as the interests of the firm c. legal if a majority of the salespersons of all races have approved the market division d. legal as a BFOQ e. none of the other choices

305. When the effect of a hiring or promotion decision is intentionally discriminatory it is called: a. mixed motive qualification b. McDonnell-Douglas discrimination c. disparate impact d. pretextual treatment e. none of the other choices

Which of the following is an example of a class III medical device: a. bandages b. wheelchairs c. x-ray machines d. surgical materials e. heart valves

308. An employee suing an employer for ____ under Title VII must show that the employer intentionally discriminated against them a. intentional discrimination treatment b. indisparate treatment c. secondary treatment d. disparate impact e. none of the other choices are correct

310. In McDonnell-Douglas Corp. v. Green, the Supreme Court established a four-part test that a plaintiff must meet to establish: a. a pretext of employment discrimination b. a per se case of employment discrimination c. a rule of reason case of employment discrimination d. a case of reverse discrimination e. none of the other choices

311. Which is not one of the parts of the McDonnell-Douglas test that a plaintiff must establish to carry forward a hiring discrimination claim against an employer: a. belongs to a protected class b. meets job qualifications c. was rejected d. employer continued to seek others with similar qualifications e. all are part of the test

314. The four-part test that the plaintiff in a disparate treatment case must meet to provide a prima facie discrimination case was established by: a. the Supreme Court in the Swierkiewicz v. Sorema decision b. the President in the Title VII Amendment of 1992 c. Congress in the McDonnell-Douglas decision d. Congress in the Title VII Amendment of 1992 e. none of the other choices are correct

318. In a trial where a person has claimed employment discrimination has occurred and the plaintiff has shown a prima facie case, the employer's reason for his action must be: a. legitimate b. nondiscriminatory c. clear d. reasonably specific e. all of the other choices are necessary

321. If, at a trial for employment discrimination, the employer offers a job-relevant rationale for the decision that was made that the plaintiff is claiming is in fact discrimination, the plaintiff must show that the employer's rationale is what is called a: a. prima facie excuse b. constructive excuse c. differential d. disparate e. none of the other choices

324. If workers are punished for participating in an official proceeding, such as filing an employment discrimination complaint or giving testimony in a discrimination investigation, they would have grounds for suit based on: a. sex discrimination b. pretext c. court discrimination d. disparate treatment e. none of the other choices are correct

326. In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court held that: a. Lewis could not sue for sex discrimination since the person who fired her was also a woman b. Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling against Heartland should be reversed c. Heartland's proffered reason for Lewis's termination was not pretextual and the district court's ruling for Heartland should be reversed d. Heartland's proffered reason for Lewis's termination was sufficient explanation for her termination e. none of the other choices are correct

328. In Lewis v. Heartland Inns of America, L.L.C., where Lewis sued for violation of her Title VII rights, contending that she was fired for not conforming to sex stereotypes and in retaliation for opposing discriminatory practices, the appeals court applied: a. the National Discrimination Standard b. the four-part framework from the Constitution for making a prima facie case c. the standard Title VII test for discrimination d. the two-part framework from the Sullivan-Douglas decision for making a sex discrimination case e. none of the other choices are correct

331. In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when a hostile environment is created by a supervisor, the Supreme Court held that: a. the supervisor is personally liable, but the firm is not b. the firm is strictly liable c. the firm is liable only if it is shown that there was a quid pro quo d. the firm is liable only if it is shown that the employee suffered adverse job consequences e. none of the other choices

333. In Burlington Industries v. Ellerth, concerning the liability of a firm for discrimination that occurs in the workplace when an employee claimed she was subject to sexual harassment by her supervisor, but never reported the matter to superiors, the Supreme Court held that: a. if it was quid pro quo harassment, not hostile work environment, then the firm is liable if the discrimination is proven b. if it was hostile work environment, not quid pro quo harassment, then the firm is liable if the discrimination is proven c. if it was either hostile work environment or quid pro quo harassment, then the firm is liable if the discrimination is proven d. firms are not subject to liability in either case so long as they have a sexual harassment policy in place e. none of the other choices

335. In Burlington Industries v. Ellerth and in Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: a. if it was not quid pro quo harassment then a higher standard of proof for hostile work environment must be met b. if a hostile work environment is shown, a rule of strict liability is applied c. the theory of respondeat superior applies and the employer is liable if it allowed harassment to occur d. it does not matter whether it was hostile work environment or quid pro quo harassment, the firm is likely to be vicariously liable unless the employee had a poor work record e. none of the other choices

337. In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where discrimination in the workplace is claimed, and the employee quits and claims constructive discharge for hostile environment: a. the employee must remain on the job while seeking redress b. the employer is liable for up to three months' worth of wages c. the employee must exhaust all other options before quitting d. the employee must give the employer at least 3 chances to make amends before quitting e. none of the other choices are correct

339. In Pennsylvania State Police v. Suders the Supreme Court noted that in a case where harassment in the workplace is "so intolerable as to cause a resignation": a. the employer is automatically liable for no less than three months of wages b. constructive discharge is not the same as being fired for an illegal reason c. constructive discharge is legal d. the employee cannot sue for constructive discharge because she did not remain on the job while seeking redress e. none of the other choices are correct

342. Disparate impact discrimination cases are ____ than disparate treatment cases. a. equally complex and more common b. more complex and more common c. less complex and more common d. less complex and less common e. none of the other choices are correct

344. ____ involve employment practices that appear to be neutral on their face but in fact have a disproportionately adverse impact on an employee or group of employees who are members of a protected class. a. disparate treatment cases b. partial class discrimination cases c. age discrimination cases d. whole class discrimination cases e. none of the other choices are correct

345. In bringing a suit charging an employer with a violation of Title VII, the courts recognize what as the theory of the law? a. individual instances of disparate treatment or unintentional discrimination b. neutral rules that perpetuate past discrimination c. neutral rules that have a disparate impact and are not justified by business necessity d. individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity only e. individual instances of disparate treatment or unintentional discrimination and neutral rules that have a disparate impact and are not justified by business necessity and neutral rules that perpetuate past discrimination

347. To select an employee from a group of applicants, employers may not use a selection criteria that results in: a. disparate treatment b. a perpetuation of past patterns of discrimination c. disparate impact d. disparate treatment or disparate impact only e. disparate treatment or disparate impact or perpetuation of past patterns of discrimination

350. In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: a. such tests of strength are discriminatory against women, so are illegal as disparate impact b. such tests of strength are part of a bona fide occupational qualification, so are legal c. the test was used as a form of harassment toward women d. the test used here was a good predictor of ability to do the job, so it was legal e. none of the other choices

352. In EEOC v. Dial Corp., where Dial used a weight lifting test to see if people were qualified to do the work needed at a factory, and the EEOC said it discriminated against women, the appeals court held that: a. since the company could convincingly show that the test was sufficiently related to safe and efficient job performance, it was not discriminatory and not illegal b. since the company could not convincingly show that the test was sufficiently related to safe and efficient job performance, it was discriminatory and illegal c. it was discriminatory for the company to suggest that men are stronger than women d. the test was discriminatory because women had to lift heavier weights than men e. none of the other choices are correct

354. In general, to require job applicants to pass an aptitude tests is: a. invalid because they are related to job performance b. valid if given only to minorities c. valid if given to every job applicant at a company d. valid if one of the tests certified by the Department of Labor e. none of the other choices

355. An employer may legally provide differential treatment to its employees based on: a. merit b. seniority c. business necessity d. merit or seniority only e. merit, seniority or business necessity

360. Sam owns Speedy Bricklayers, Inc., a company that specializes in bricklaying. To maintain his business's reputation for quick, quality bricklaying, Sam requires that all employees are experienced bricklayers. This discriminates against potential employees who have never laid bricks before. Sam is likely: a. in violation of Title VII because his employment practices do not pass the business necessity test b. in violation of Title VII because people over 40 cannot lay bricks as fast as people under 40 c. probably in violation of Title VII in some states, but not in others d. in violation of Title VII because women cannot lay bricks as fast as men e. none of the other choices are correct

363. A trucking company has employees who load 100-pound sacks on trucks. Of those who apply for the jobs, one man in three can lift 100-pound sacks, but only one woman in fifty. As a result, all 40 employees are men. In sex discrimination suit, the most likely result will be that the company will: a. lose because the statistics prove the structure of the employment situation is discriminatory b. lose because it could make smaller sacks smaller, which would increase the number of women who would be eligible c. lose because physical tests for hiring are illegal d. win because the work involved is traditional male work e. none of the other choices

366. Seniority can legally be used to determine which of the following: a. eligibility for pension plans b. length of vacations c. security from layoffs d. amount of sick leave e. all of the other specific choices are correct

368. Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a court would find that Charles: a. is wrong, based on the merit system doctrine b. is correct, based on the Fourteenth Amendment c. is correct, minority employers can take into account customer preferences as a BFOQ d. is correct, based on affirmative action e. none of the other choices

371. Which of the following situations is likely a violation of Title VII: a. a Catholic priest is refused a job teaching at a Baptist seminary b. an older man is rejected for consideration for being hired at a law firm because he does not have a law degree c. a man convicted of child molestation is rejected for employment at a day care center d. a Hispanic woman with a poor command of English is rejected for consideration to be an operator at a 911 emergency center e. none of the other choices

414. The ____ provides protection for disabled persons seeking employment with, or who are currently employed by, employers that receive federal funds. a. Disability Act of 1973 b. Temporarily Disabled Persons Protection Act of 1973 c. Title VII Disability Act of 1990 d. Able Bodied Worker Act of 1990 e. none of the other choices are correct

Which of the following is an example of a class III medical device: a. bandages b. wheelchairs c. x-ray machines d. surgical materials e. pacemakers

373. Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the workers, the company will lay off white older workers. This policy is likely to be viewed by the courts as: a. an illegal violation of a bona fide occupational qualification b. a legal way to preserve the racial mix of the work force c. an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers to preserve the jobs of the junior black employees d. a legal way to create the equivalent of an affirmative action program e. none of the other choices

375. A male model claims that his income is lower than it would be because of the domination of women in the modeling industry. He is capable of modeling women's clothing and sues the modeling agency for sex discrimination for not hiring him. The court is likely to find that he: a. wins because of disparate treatment b. wins so long as he can show that equally qualified males are not treated as well as females c. wins because of disparate treatment d. loses because white males under age 40 are not members of a protected class e. none of the other choices

377. Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be? a. picking models for clothing on the basis of sex b. picking attendants in dressing rooms based on sex c. picking topless waitresses on the basis of sex d. all of the specific choices would all be illegal e. all of the specific choices would all be legal

383. Remedies for victims of unlawful discriminatory employment practices cannot include: a. back pay b. artificial seniority c. attorney's fees d. back pay and attorney's fees only e. all of the specific choices are possible

384. The possible remedies that an injured party may sue for under Title VII include: a. back pay b. punitive damages c. reinstatement d. back pay and reinstatement e. all of the specific choices are possible

389. A(n) ____ is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members, when a particular class is underrepresented in the employer's workforce. a. equal employment action program b. disparate action program c. fair employment action program d. anti-discriminatory program e. none of the other choices are correct

391. Executive Order 11246 requires all: a. small business to undertake affirmative action programs b. minority-owned businesses to undertake affirmative action programs c. private universities to undertake affirmative action programs d. agricultural businesses to undertake affirmative action programs e. businesses with federal contracts totaling $10,000 a year to take affirmative action

392. Executive Order 11246 requires all: a. small business to undertake affirmative action programs b. minority-owned businesses to undertake affirmative action programs c. private universities to undertake affirmative action programs d. agricultural businesses to undertake affirmative action programs e. none of the other choices

395. The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contractors, was established in response to: a. the Equal Pay Act b. the Fair Labor Standards Act c. the Federal Contract Equity Act d. the National Labor Relations Act e. none of the other choices

398. The mandatory analysis comparing the percent of minorities and women in the community in each job category with the percent employed by a government contractor is known as: a. an affirmative action analysis b. a workforce analysis c. a contractor analysis d. a government contractor analysis e. none of the other choices are correct

399. The rules of affirmative action often require employers to: a. conduct a work-force analysis for each job in an organization b. take corrective action if certain protected groups are underutilized in any job category c. make efforts to hire more women d. conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category e. conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category and make efforts to hire more women

400. Which of the following employment measures is (are) allowed as a part of an affirmative action program? a. giving preferential treatment to minorities in hiring b. investing more in training minorities to enhance their qualifications c. setting goals for promotions of women employees d. none of the specific choices are allowed e. all of the specific choices are allowed

405. In U.S. v. Paradise, involving the hiring of black troopers by the Alabama highway patrol, the Supreme Court: a. held that the employer had set a hiring quota for blacks that was too large given the composition of the labor force b. agreed that the remedy proposed by the lower court was discriminatory to whites c. reversed the lower court's hiring quota based on race remedy as being too vague d. held that applicants scoring highest on employment tests must be hired regardless of race e. none of the other choices

408. A county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. To accomplish its goal, the County hired a qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the program was discriminatory. The Supreme Court held that this action was: a. illegal because of reverse sex discrimination b. legal if the county could demonstrate that the woman was better qualified than the man c. legal only if the county adopted a program with specific clearly specified quotas d. illegal because the affirmative action program had not been approved by the EEOC e. none of the other choices

410. In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are: a. non-existent b. more protective of women and minorities c. less protective of women, but more protective of minorities d. less protective of minorities, but more protective of women e. none of the other choices

Which of the following is a prohibited basis under the Equal Credit Opportunity Act: a. race b. sex c. age d. religion e. all of the other specific choices are correct

417. All companies with federal contracts of $2,500 or more have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations under the: a. Disability Act of 1973 b. Temporarily Disabled Persons Protection Act of 1973 c. Title VII Disability Act of 1990 d. Able Bodied Worker Act of 1990 e. none of the other choices are correct

420. The employment rights of persons with disabilities and their rights to public accommodations, such as hotels, restaurants, theaters, public transportation, telecommunications, and retail stores were expanded by the: a. Rehabilitation Act of 1990 b. Physically Handicapped Americans Act of 1990 c. Americans with Disabilities Act of 1973 d. Disabled Americans Act of 1990 e. none of the other choices are correct

422. The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who: a. has a physical impairment which substantially limits a major life activity b. has a mental impairment which substantially limits a major life activity c. has a record of having a serious physical impairment d. has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment e. has a physical impairment which substantially limits a major life activity or has a record of having a serious physical impairment or has a mental impairment which substantially limits a major life activity

425. A person who has a physical or mental impairment which substantially limits one or more of such person's major life activities is defined as ____ by the Rehabilitation Act and the Americans with Disabilities Act. a. a person with employment issues b. a person with special needs c. a person with unreasonable needs d. a person with reasonable needs e. none of the other choices are correct

426. Which of the following is defined as a "major life activity" by the Department of Health and Human Services: a. caring for one's self b. performing manual tasks c. walking d. seeing e. all of the other specific choices are major life activities

427. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services: a. caring for one's self b. speaking c. walking d. seeing e. all of the other specific choices are major life activities

431. A person who has which of the following conditions is not protected under the Americans with Disabilities Act? a. severe disfigurement b. heart attack c. a history of drug abuse d. hearing impairment e. all of the other choices are likely to be protected

432. Which of the following is NOT an example of a disability covered by the Rehabilitation Act and the Americans with Disabilities Act: a. a severe disfigurement b. blindness c. deafness d. a history of heart attacks e. all of the other specific choices are protected

433. Which of the following is an example of a disability covered by the Rehabilitation Act and the Americans with Disabilities Act: a. a severe disfigurement b. blindness c. deafness d. a history of heart attacks e. all of the other specific choices are protected

435. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is deaf, and he sued for disability discrimination, the appeals court held that: a. had no suit because government employers are not subject to the disability law b. was disabled but incapable of doing the job, so had no cause of action c. was disabled and the employer must find another position he is capable of performing d. was not able to perform this job but is not disabled for other jobs, so is not covered by the ADA e. none of the other choices

440. Reasonable accommodations that employers must provide under the ADA is defined as: a. whatever is necessary to make the workplace accessible b. up to, but not exceeding, the value of a potential employee c. de minimis expense d. substantial physical or mental assistance e. none of the other choices

441. Under the Disabilities Act, employers are required to make reasonable accommodations. This could include: a. providing a reader for a blind employee b. providing wheelchair access to company facilities c. modifying work schedules to accommodate disabled employees d. redesigning work stations so they are usable by disabled persons e. all of the other choices

442. Which of the following is NOT a reasonable accommodation required of employers under the Americans with Disabilities Act: a. making existing facilities accessible b. job restructuring c. providing readers to blind employees d. modifying equipment e. all of the other specific choices are reasonable accommodations

444. Which of the following is a reasonable accommodation required of employers under the Americans with Disabilities Act: a. making existing facilities accessible b. job restructuring c. providing readers to blind employees d. modifying equipment e. all of the other specific choices are reasonable accommodations

446. An employee who works at a grocery store for many years as a checkout clerk becomes unable to operate the cash register because of pain in her fingers that has developed from pushing keys on the cash register for so long. Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will: a. be ordered reinstated into her previous job with an assistant to run the register (an accommodation) b. be granted damages equal to the pay she would have collected had she remained at her position until retirement c. be granted whatever amount of damages the jury wishes to award d. be granted another position in the store as soon as one become available; she must be given priority in hiring e. none of the other choices

449. It is illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions: a. do you have AIDS? b. have you ever been treated for mental health problems? c. have you ever been treated for drug addiction? d. are you an alcoholic? e. all of the other specific choices are illegal

455. Which of the following would not be a violation of the Rehabilitation Act or the Americans with Disabilities Act, because it goes beyond the scope of the legislation? a. using standardized tests that screen out people with disabilities b. refusing to hire job applicants because they have a history of drug abuse c. asking job applicants if they have disabilities d. not hiring a disabled person because the bathrooms cannot accommodate wheelchairs e. all of the other choices are likely illegal

457. Which of the following would not be likely to be a violation of the Americans with Disabilities Act, because it goes beyond the scope of the legislation? a. using standardized tests that screen out people with disabilities b. refusing to hire job applicants because they have a history of drug abuse c. asking job applicants if they have disabilities d. not hiring a disabled person because the bathrooms cannot accommodate wheelchairs e. all of the other choices are likely to be violations

A possible benefit of drug regulations in place in many European nations is that: a. new drugs are introduced to the market more quickly b. many more drugs may be purchased without a prescription c. companies wishing to sell in Europe do not need be licensed in each individual country d. pharmaceutical may be less expensive because companies spend less time getting through administrative hurdles e. all of the other choices may be benefits of the European system

A woman applies for credit from a department store. Which of the following information is legal for the department store to consider in deciding if it should give credit? a. that her former husband ran up a large unpaid bills b. that she is pregnant c. that she receives Food Stamps d. that she is Hispanic e. all of the other choices are illegal to consider

About of the drugs that make it to Phase III of the tests required to earn FDA approval for the market do not then get final FDA approval. a. 10% b. 20% c. 50% d. 80% e. 90%

According to FDA standards, food that is labeled as "low calorie" must: a. never have been frozen b. have 3 or fewer grams of fat per serving c. not have been processed in more than one way d. not contain trans fats e. have fewer than 40 calories per serving

FTC consent decrees agreed to by firms accused of illegal trade practices: a. contain the terms of a settlement b. may include redress for consumers c. include possible payment of civil penalties d. contain the terms of a settlement and may include redress for consumers e. contain the terms of a settlement and may include redress for consumers and include possible payment of civil penalties

If a consumer's application for credit is denied, the creditor must provide written notice to the consumer containing what information? a. the name and address of the federal agency regulating compliance by the creditor b. the basic provisions of the Equal Credit Opportunity Act c. either the specific reasons for the action taken or disclose the applicant's right to receive a statement of reasons d. the name and address of the federal agency regulating compliance by the creditor and the basic provisions of the Equal Credit Opportunity Act e. the name and address of the federal agency regulating compliance by the creditor and the basic provisions of the Equal Credit Opportunity Act and either the specific reasons for the action taken or disclose the applicant's right to receive a statement of reasons

If a creditor is found to have violated the Equal Credit Opportunity Act, he is liable for: a. actual damages b. punitive damages up to $10,000 c. attorney's fees d. court costs e. all of the other specific choices are correct

If a violation of the Equal Credit Opportunity Act occurs the consumer can sue the creditor for: a. actual damages b. punitive damages up to $10,000 c. attorney's fees d. court costs e. all of the other specific choices are correct

Nutrition labeling does not require which of the following to be listed per serving portion: a. total fat b. fiber c. calcium d. carbohydrates e. all of the other choices must be listed

The Consumer Credit Protection Act was passed in: a. 1909 b. 1928 c. 1948 d. 1958 e. 1968

The Consumer Leasing Act applies to consumer leases for all of the following except a lease: a. of living room furniture for 18 months b. of a car for two years c. of a computer for a year d. of a big-screen television for six months e. all of the other choices are covered if for personal use

The Electronic Fund Transfer Act concerns liability limits for stolen ATM cards. Which statement is correct about maximum consumer liability: a. $100 if the financial institution is notified within 3 business days b. $250 if the financial institution is notified within 3 business days c. $250 if the financial institution is notified within 5 business days d. $500 if the financial institution is notified within 7 business days e. none of the other choices

The FTC test for unfairness does not include which of the following elements, as applied to business practice? a. it causes substantial harm to consumers b. consumers cannot reasonably avoid the injury c. the injury is harmful in its net effects d. it causes substantial harm to consumers and consumers cannot reasonably avoid the injury e. it causes substantial harm to consumers and consumers cannot reasonably avoid the injury and the injury is harmful in its net effects

The Fair Debt Collection Practices Act does NOT apply to: a. creditors attempting to collect their own debts b. attorneys who regularly engage in debt collection activity c. friends collecting debts from friends d. both a and b are correct e. both a and c are correct

The Fair Debt Collection Practices Act prohibits the following by debt collectors except: a. harassing, late-night phone calls b. discussing a debt with neighbors c. publication of a list of debts owed d. threatening violence if a debt is not paid e. all of the other choices are prohibited

The Federal Trade Commission regulates: a. deceptive business practices b. false advertising claims c. unfair business practices d. deceptive business practices and false advertising claims e. deceptive business practices and false advertising claims and unfair business practices

The Food Additives Amendment (Delaney Clause) to the Food, Drug, and Cosmetic Act: a. prohibited the use of food additives in food sold for consumption by humans b. gave the U.S. Department of Agriculture the authority to study food additives and make the findings public c. prohibited the FDA from regulating "natural foods" d. prohibited the FDA from regulating food additives e. did none of the other choices

The Food and Drug Administration does not have which of the following powers: a. to restrict false advertising of drugs b. to inspect factories where drugs are manufactured c. to prosecute physicians who violate the learned intermediary rule d. to seize drugs that have been approved to be on the market e. all of the other choices are FDA powers

The Food and Drug Administration does not have which of the following powers: a. to restrict false advertising of drugs b. to inspect factories where drugs are manufactured c. to set the levels of additives that may be used in food d. to seize drugs that have been approved to be on the market e. all of the other choices are FDA powers

The Pure Food and Drug Act of 1906 was the first regulation of food and drugs. What sparked interest in this concern? a. studies by a government chemist showed some food preservatives were harmful to humans b. publication of Upton Sinclair's book The Jungle c. deaths in the Spanish-American War from impure food d. publication of Upton Sinclair's book The Jungle and deaths in the Spanish-American War from impure food e. publication of Upton Sinclair's book The Jungle and deaths in the Spanish-American War from impure food and studies by a government chemist showed some food preservatives were harmful to humans

The Truth-in-Lending Act does NOT apply to which of the following: a. a $5,000 loan to a friend b. a $25,000 loan to a friend c. a transaction with no finance charge and fewer than 4 installment payments d. a consumer credit transaction of $30,000 that does not involve real estate e. all of the other choices are correct

The current cost of developing a new drug and clearing all the FDA hurdles to market it is about: a. $100,000 b. $1 million c. $5 million d. $10 billion e. $1 billion

The required the FDA to issue nutrition labels. a. Nutrition Marking Act b. Nutrition Announcement Act c. Nutrition Content Communication Act d. Nutrition Assurance Act e. Nutrition Labeling and Education Act

Under the FTC's Used Car Rule the Buyer's Guide must contain: a. a statement of the terms of any warranty offered with the car b. prominent statement of whether the dealer is selling the car "as is" and, if so, that the consumer must pay for any repairs needed after buying the car c. warning that oral promises are difficult to enforce, with a suggestion to get all promises in writing d. a suggestion that the consumer ask for an independent inspection of the car e. all of the other choices are required

Under the FTC's Used Car Rule the Buyer's Guide need NOT contain: a. a statement of the terms of any warranty offered with the car b. prominent statement of whether the dealer is selling the car "as is" and, if so, that the consumer must pay for any repairs needed after buying the car c. warning that oral promises are difficult to enforce, with a suggestion to get all promises in writing d. a suggestion that the consumer ask for an independent inspection of the car e. the color of the car

Under the Fair Debt Collection Practices Act, which of the following information must be provided to the debtor in writing by a debt collector within 5 days of the initial contact: a. the amount of the debt b. a statement that unless the consumer disputes the validity of the debt within 30 days, it will be assumed valid c. the name of the creditor to whom the debt is owed d. the amount of the debt or a statement that unless the consumer disputes the validity of the debt within 30 days, it will be assumed valid e. the amount of the debt or a statement that unless the consumer disputes the validity of the debt within 30 days, it will be assumed valid or the name of the creditor to whom the debt is owed

Under the Fair Debt Collection Practices Act, which of the following need not be provided to the debtor within five days of the initial communication: a. the amount of the debt b. a statement that unless the consumer disputes the validity of the debt within 30 days, it will be assumed valid c. the name of the creditor to whom the debt is owed d. the amount of the debt or a statement that unless the consumer disputes the validity of the debt within 30 days, it will be assumed valid e. all of the other specific choices must be provided

Under the Fair and Accurate Credit Transaction Act, the FTC has issued regulations: a. that credit card receipts may not show more than the last five numbers of a card b. that consumers must be allowed to correct bad information on their credit reports c. that consumer information must be properly disposed of d. that credit card details may not be printed on credit receipts e. all of the other choices

What is not a feature of the Consumer Credit Protection Act: a. abusive debt collection tactics are limited b. credit reporting agencies must follow certain rules about accuracy in consumer reports c. creditors must follow certain procedures for handling charges disputed by consumers d. creditors must disclose all relevant terms in credit transactions e. all of the other choices are features of the Act

Which of the following agencies has primary responsibility for sanitation of meat, poultry, and eggs: a. U.S. Chemistry Bureau b. U.S. Food Bureau c. U.S. Department of Agriculture d. U.S. Department of Food and Drugs e. U.S. Department of Meat

Which of the following does not conform to FDA standards for food labels: a. "fresh" means the food is raw or unprocessed b. "light" means at least one-tenth fewer calories per serving than the regular serving c. "low calorie" means the product has less than 40 calories per serving per 100 grams d. "low fat" means the product has 3 grams or less of fat per 100 gram serving e. all of the other choices are correct

Which of the following health claims may NOT be made on food labels without sufficient documentation by the seller: a. the connection between calcium and the prevention of osteoporosis b. the connection between fat and heart disease c. the connection between fiber and reduced risk of heart disease d. the connection between fat and cancer e. all of the other specific choices may be mentioned on food labels without any extra documentation

Which of the following health claims may NOT be made on food labels without sufficient documentation by the seller: a. the connection between calcium and the prevention of osteoporosis b. the connection between fat and heart disease c. the connection between sodium and high blood pressure d. the connection between fat and cancer e. all of the other specific choices may be mentioned on food labels without any extra documentation

Which of the following is NOT a prohibited basis under the Equal Credit Opportunity Act: a. marital status b. sex c. age d. religion e. all of the other specific choices are prohibited bases

Which of the following is a prohibited basis under the Equal Credit Opportunity Act: a. marital status b. national origin c. color d. religion e. all of the other specific choices are correct

Which of the following is an example of an electronic fund transfer: a. an ATM deposit b. a direct deposit of a paycheck c. using a debit card to buy groceries d. an automatic bill paying service e. all of the other choices are correct

Which of the following is not a function of the Food and Drug Administration? a. inspections of food and drug producing establishments b. drug evaluation studies c. food additives studies d. study of veterinary products e. all of the other choices are functions of the FDA

Which of the following is often contained in consent decrees agreed upon by the parties charged in an FTC complaint: a. terms of a settlement b. redress for consumers c. payment of civil penalties d. prohibition of certain practices e. all of the other specific choices are correct

Which of the following is something the Food and Drug Administration devotes part of its annual budget to: a. food sanitation and processing b. studying biological products c. studying veterinary products d. studying the quality of marketed drugs e. all of the other specific choices are correct

Which of the following is true about class I medical devices: a. the makers are registered with the FDA b. the goods must be properly manufactured c. the goods must be properly labeled d. the goods are not subject to extensive controls e. all of the other specific choices are correct

Which of the following items is not required to be disclosed by a creditor as a part of the statement given a debtor? a. service, activity, carrying and transaction charges b. loan fees and points c. fees for credit reports and appraisals in non-real estate transactions d. charges for credit life and credit accident and health insurance e. all of the other choices are required to be disclosed

Which of the following must be listed per serving portion on nutrition labels: a. carbohydrates b. calcium c. fiber d. sodium e. all of the other specific choices must be listed

Which of the following must be listed per serving portion on nutrition labels: a. total calories and calories from fat b. cholesterol c. iron d. protein e. all of the other specific choices must be listed

Which of these does not violate the Fair Debt Collection Practices Act? The debt collector: a. claims to be an attorney when talking to the debtor b. publishes a list of actual debtors in the newspaper c. threatens to beat up the debtor d. calls the debtor's employer to discuss the matter e. all of the other choices are illegal

SEC Rule 10b-5 holds it illegal for anyone involved in securities dealings to:

employ any device, scheme, or artifice to defraud or make any untrue statement of a material fact or to omit to state a material fact

Collective bargaining refers to the process by which the:

employer and the union negotiate an employment contract

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and improperly operated. She has completed all administrative channels and reviews. Loraine should file her suit:

file her suit in the court Congress specified when it wrote the enabling statute for the FAA

The Worker Adjustment and Retraining Notification Act requires certain employers planning large layoffs to:

give employees and certain officials advanced notice

Under the common law, courts deciding pollution cases would require a plaintiff to prove:

harm caused by the polluter and unreasonable interference with other parties' rights

The Environmental Protection Agency has rules about the amount of chemicals that may be emitted into the air. If a factory emits a chemical and the EPA wants to know if the emissions are within legal limits, the EPA may:

have EPA employees measure the air at the factory to see if it is violating the law or not and get a subpoena from a court to force the company to produce documents concerning pollution from the factory and demand the factory measure the pollution and report if it is violating the law or not

The Sarbanes-Oxley Act requires large companies with publicly traded stock to:

have the CEO personally certify the company's financial reports to the SEC

If an agent with only apparent authority engages in an action for which she had no actual authority, and causes her principal financial harm, the principal may:

hold the agent liable for the harms she has caused

Suppose EPA requires polluters to report compliance with air pollution emission regulations. Which of the following statements could be true, given the power EPA is likely to have:

if a firm does exceed pollution limits and fails to file reports, it may be fined, and if a firm does exceed pollution limits, it may be fined even if it does file reports on time and if a firm does not exceed pollution limits but fails to file reports, it may be fined

Insider trading is:

illegal when insiders trade based on information they have a fiduciary duty not to trade on

The maximum allowable increase of air pollution:

in a Prevention of Significant Deterioration Area is the slight increase in pollution that will be allowed from a new plant

Under the Investment Company Act

investment companies must:,hold their capital and debts in ways approved by the SEC

A share of stock:

is a share in the future profits (if any) of a company

Employer complaints about workers' compensation generally revolve around the argument that the system:

is too expensive

In the event that the SEC staff believes that a prospectus that has been submitted for review does not adequately explain the high-risk factors of an offering it can:

issue a deficiency letter delaying the offering until more detail is provided

In the event that the SEC staff believes that a prospectus that has been submitted for review does not adequately explain the high-risk factors of an offering, it can:

issue a deficiency letter delaying the offering until more detail is provided

The Securities and Exchange Commission has the power to:

issue a deficiency letter ordering the security issuer to amend the filing before sales

If the National Labor Relations Board determines that an employer has committed an unfair labor practice, which of the following remedies may it impose on the employer?

it may not impose jail time for order violations

What role does the NLRB play in a representation election?

it supervises the election and certifies the election results

Under Superfund, if there is a hazardous waste site, liability for cleaning it up is apportioned among responsible parties according to:

joint and several liability, whereby any one party could pay the entire bill

The president of a company says that new products to be introduced are sure to double company profits. Based on this, investors buy stock in the company, pushing up its price. The products flop, the company loses money, so the stock price falls. Investors are most likely to sue the president of the company under what theory provided by the securities law?

liability for misstatements

The duty of ____ requires an agent to place the principal's interests before the agent's personal interests or those of any third party:

loyalty

The Securities Litigation Reform Act of 1995:

makes it safer for firms to make careful predictions about profits and success

Which class of employees is not covered by the NLRA:

managers and independent contractors and government workers

According to the California supreme court in Foley v. Interactive Data, employer handbooks:

may provide grounds for a breach of employment contract

The concern(s) of the National Labor Relations Board is (are):

monitoring unfair labor practices

Citizens who sought relief from pollution through the common law relied on which laws:

negligence, nuisance and trespass

New plants that discharge pollutants into the waters of the U.S. are subject to:

new source performance standards

The FTC publishes a rule regulating TVs and Blu-Ray DVD players for public comment but revises it to include traditional DVD players also. Should the FTC republish the revision?

no, because the revision is a logical outgrowth of the original rule If a revision is a logical outgrowth of the originally proposed rule, no new public comment period is required.

You work for a securities firm matching orders to buy and sell stocks in small companies. A customer places an order to buy 100 shares of X Corp. when they sell for $40 a share. You find a seller at $39 per share. May you buy the shares yourself at $39 and then sell them for $40 to you client?

no, specialists cannot deal for their own benefit

An area that has what the EPA classifies as "dirty air" that does not satisfy the air quality standards is known as a:

nonattainment area

Employees may be required to sign, as a condition of employment, an agreement that they will not leave the company and go to work for themselves or a competitor firm in a position that could inflict competitive injury on the employer. This is called:

noncompetent agreement

A contract signed by a worker agreeing not to join a union is called a (an):

none of the other choices

A disclosed principal is a principal whose identity is:

none of the other choices

A lockout occurs when:

none of the other choices

A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first:

none of the other choices

A place of employment where all employees are represented by a union and most employees are union members, but non-union workers must pay fees to the union, is called:

none of the other choices

A securities professional who are in the business of charging fees for recommendations on investments is a:

none of the other choices

A security is sold to the public under a private placement exemption. Later a suit is filed under the federal securities law claiming securities fraud. This suit will:

none of the other choices

A share of stock represents the right to:

none of the other choices

A tender offer takes place when:

none of the other choices

An independent contractor:

none of the other choices

Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is not a right-to-work state:

none of the other choices

Congress created the first regulatory agency in 1887. It was called the:

none of the other choices

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

none of the other choices

Corporate equity financing instruments generally specify:

none of the other choices

Corporations must have annual stockholder meetings at which major business decisions of the firm are determined. Since many stockholders are not at meetings, the way they vote their shares is called:

none of the other choices

Employees may be required to sign, as a condition of employment, an agreement that they will not recruit fellow employees for another company if they leave for another place of employment. This is called:

none of the other choices

Federal law that deals with pesticide registration is:

none of the other choices

For the NLRB to oversee a representation election, at least what percent of employees must request an election?

none of the other choices

In general, conventional water pollutants, such as human waste, are subject to an emission standard known as:

none of the other choices

In practice, the focus of the Endangered Species Act is on:

none of the other choices

Interpretative rules issued by administrative agencies are:

none of the other choices

Procedural rules issued by administrative agencies are:

none of the other choices

Regulation Fair Disclosure (FD) requires:

none of the other choices

Securities differ from other assets in that they:

none of the other choices

State licensing and regulation of occupations may:

none of the other choices

Substantive (legislative) rules issued by agencies are:

none of the other choices

Suppose a hurricane is going to hit South Florida; there are two days to prepare for it and the owner of a house is on a raft trip in Brazil and cannot be reached. The next door neighbors spend $800 on plywood and other materials to protect the house from the hurricane. Legally, this expenditure:

none of the other choices

Terry hires an agent, Janet, to sell a piece of property for no less than $50,000 with Janet to receive a 6% commission upon sale. Which of the following is Janet legally permitted to do without Terry's consent?

none of the other choices

The Landrum-Griffin Act provides which of the following?

none of the other choices

The Securities Litigation Reform Act of 1995:

none of the other choices

The Securities Litigation Uniform Standards Act of 1998 requires:

none of the other choices

The Superfund is funded by:

none of the other choices

When you go on vacation you give your neighbor authority to pick up your mail and watch for burglars for you. You tell the neighbor not to go into the house or let anyone else in. A fire on the hills threatens your house. The neighbor goes in to carry out valuables before the house burns. This action is:

none of the other choices

Which of the following is a provision of the Government in the Sunshine Act?

none of the other choices

During a union election, which of the following may employers say?

none of the other choices are legal

Chiarella worked at a company that printed financial documents. In one documents, he read confidential information that allowed him to buy stock and make a nice profit because of his knowledge. When sued by the SEC for insider trading, the Supreme Court found Chiarella:

not guilty of insider trading because he had no fiduciary duty not to use the information

An environmental group wants to sue Toxics, Inc. for violating the Clean Water Act. To pursue its desired legal action the group must:

notify Toxics of its intent to sue and notify the EPA of its intent to sue and allow the EPA to determine whether or not it wishes to prosecute Toxics, thereby blocking the group's action

A tender offer takes place when:

one company attempts to take over another company

When Congress grants courts the ability to review administrative actions, it may:

only specify that in rem jurisdiction is permitted

When is formal agency rulemaking used?

only when the enabling statute requires it Formal rulemaking is used only when Congress specifically intended that the agency's rules must be made on the record after a hearing.

The Investment Company Act of 1940 regulates:

open-end companies (mutual funds)

The Freedom of Information Act:

opens certain agency records to the public. The Freedom of Information Act permits some records to be open to the public.

An agency may be established by:

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

Which of the following is not an unfair labor practice by a union:

ordering workers to go on strike when a collective bargaining agreement is not reached

The National Labor Relations Board:

oversees the investigation of unfair labor practices

A proxy is best described as:

permission by a stockholder to someone else to vote their shares a certain way

New plants may be built in Prevention of Significant Deterioration (PSD) areas if the:

plant owner shows that it will not cause the area's maximum allowable increase to be exceeded

A strike by workers against their employer whose collective bargaining agreement is in question is called:

primary boycott

Under the whistle-blower exception to the general rule of employers having the right to dismiss employees:

private employers are less likely to be subject to whistle-blower exceptions than are public sector employers

Jones works at an investment firm that helps corporations merge with other companies. Because of her work, she knows that two clients of her firm are going to merge. She also knows that when the announcement is made, the price of stock in these companies will jump. She buys stock in the companies before the announcement. She is:

probably guilty of insider trading

The aspects of agency actions given the most intense scope of review by the courts are:

procedural requirements

The details of an agency's structure and how it operates internally are covered in:

procedural rules

You are on the subway in New York when you overhear two people you do not know talking about an upcoming merger, news not yet public. They seem to know their stuff. If you buy stock based on this information, and profit when the information turns out true, you have:

profited, but are an outsider and so your actions are probably not illegal

A right-to-work law:

prohibits agency shops in states that pass such laws and allows some employees to free-ride in the collective bargaining process and protects non-union members from having to pay agency fees

a right-to-work law

prohibits agency shops in states that pass such laws and allows some employees to free-ride in the collective bargaining process and protects non-union members from having to pay agency fees

The main objective of the Employee Retirement Income Security Act of 1974 (ERISA) is to:

promote the growth of private pension plans and guarantee the expectations of those plans

R&G makes and sells pesticides. By statute, R&G must:

provide evidence that their products do what they claim they will do

Workers' compensation law:

provides a sure set of benefits for injuries instead of relying on tort litigation

Public comment on proposed rules generally comes from:

public advocacy groups Public advocacy groups typically comment on proposed agency rules.

The FDA is proposing new rules for over-the-counter pain medication. The agency expects to hear from various pharmaceutical groups in favor of the regulation and from several medical associations on the public health consequences of the proposed change. This is an example of what rulemaking phase?

public comment. This is an example of the public comment phase because the FDA is seeking options from various groups.

Regulation Fair Disclosure (FD) requires:

public companies to release material information to the public rather than to selected individuals

Under the 1934 Securities Exchange Act liability may be imposed on corporate officials for misstatements or omissions made in which of the following?

public statements by the officials and SEC disclosure documents and press releases issued by the company

Which of the following is a requirement of the Drug-Free Workplace Act imposed on all companies that do more than $25,000 worth of business with the federal government?

publish a policy that substance abuse in the workplace is prohibited and specify what actions will be taken against employees who violate company drug policies and establish a drug-awareness program for employees

The SEC allows for a private placement exemption because:

purchasers of these securities are sophisticated and more able to protect themselves when purchasing unregistered securities

ERISA establishes vesting requirements. The requirements are to ensure that participants will:

receive some retirement benefits after a reasonable length of employment

Federal statutes provide for a maximum fine of $2. 5 million per criminal action for violations of the law against insider trading. A person may also:

receive up to ten years in prison per violation

Agencies with statutory authority to require businesses to provide information may do which of the following:

rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files and require businesses to self-report on a regular basis

If Jayhawk Co. discharges more pollution into the W River than its permits allows, it must:

report the violation to proper officials

National Pollution Discharge Elimination system permits:

require industrial polluters to list the amount and type of their discharges

The Clean Air Act:

requires each state to develop a State Implementation Plan and places the primary enforcement burden on states

Workers' compensation law:

requires employers to pay insurance premiums for injury benefits for employees and is a no-fault insurance system and is controlled by the states

The Sarbanes-Oxley Act:

requires large companies with publicly traded stock to have the CEO personally certify the company's financial reports to the SEC and provides whistle-blower protection fro those reporting securities violations

When a securities professional buys stock for her own account, then urges investors to buy the same stock so that the price will rise, and benefit her, has engaged in:

scalping

Which of the following actions are employers most likely to be able to take when it comes to drug testing?

screen job applicants for drug use before they are hired and routinely test employees on an annual basis as part of a physical examination

The registration requirement of the Securities Act of 1933 applies to:

securities issued by mutual funds

You hire an agent to sell your house for you. Typically, such an agent receives a fee only if they actually sell the house. This person is most likely:

special agent

When Congress grants courts the ability to review administrative actions, it may:

specify that judicial review is prohibited

Suppose a coal-burning electric generation plant emitted significant amounts of pollutants into the atmosphere. A property owner living downwind of the plant who sued the plant for trespass would not have to provide which of the following elements:

that the plant intended to harm the property owner

Which of the following is not a source of administrative law?

the Constitution B. the Administrative Procedures Act C. common law D. treaties Treaties are not a source of administrative law.

The president's authority to exercise power over administrative agencies is derived from:

the Constitution.

Under the Clean Water Act:

the EPA develops effluent guidelines on an industry-by-industry basis

In Federal Communications Commission v. Fox Television Stations Inc., the FCC had followed a restrained enforcement policy for profanity used on television. It used a two-prong test to judge indecency violations. The FCC also offered a three-part test to determine whether or not material was patently offensive. In 2003 Bono's acceptance speech at an awards show included the use of the word f-k, and the FCC ruled that the word did not violate the indecency policy. After that, the FCC instituted a zero-tolerance rule for certain words no matter what the circumstance. In 2006 Fox was fined when presenters at an award show used expletives similar to Bono's usage in 2003. Fox brought an action to have the new standard invalidated. The Supreme Court held that:

the FCC's actions were not arbitrary and capricious and its reasoning for expanding the scope of its enforcement activity was rational and consistent with reasoned decision making. The court held that the FCC's actions were not arbitrary and capricious and its reasoning for expanding the scope of its enforcement activity was rational and consistent with reasoned decision making.

In American Medical Association v. United States Internal Revenue Service, the IRS had proposed a rule that would change the way dues and memberships were allocated and taxed, with tax liability based on a seven-factor test. After the comment period the IRS revised the rule, changing to a three-factor test, and published it as final. The AMA claimed that this rule was invalid because there had been no comment period for the revision. The court held that:

the IRS did not need to give public notice of the revision because the change was a logical outgrowth of the original rule. A final rule is not invalid for lack of notice if it is a logical outgrowth of the original proposal.

The National Labor Relations Act was enacted in parts. Which law(s) is(are) part of it?

the Landrum-Griffin Act and the Wagner Act

"Yellow-dog" contracts, in which employees agree not to join a union as a condition of employment, were made unlawful by:

the Norris-La Guardia Act

The National Labor Relations Board is composed of members chosen by:

the President and is considered to be quite political

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if:

the agency has sufficiently explained the facts and its policy concerns and the agency has established a factual basis that is in the agency's record and a reasonable person could reach the same judgment as the agency on the basis of the agency's record

Insider trading is:

the buying or selling of stock by persons who have access to information, not yet revealed to the public, that affects the value of the stock

The Clean Air Act established specific procedures for:

the construction of new industrial plants

A lockout occurs when:

the employer refuses to permit employees to work until a labor dispute is settled

A corporate debt instrument usually specifies:

the length of the debt period and the debt repayment method and rate of interest

Implied authority consists of:

the power to do whatever is reasonable and customary to carry out the agency purpose

Congress ordered the Department of Agriculture to establish standards for organic foods. Agriculture issued a regulation that was challenged as allowing non-organic foods to be called organic, which was not what Congress intended. The appeals court held that:

the regulation failed to meet the intent of Congress and so had to be revised

In a public security offering, the party hired to market the securities to the public is called:

the underwriter

Administrative agencies are often created by Congress because:

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis

Which of the following is not true about health or safety standards set by OSHA:

they must meet a cost-benefit test of effectiveness

The U.S. Sentencing Guidelines allow punishment for environmental crimes to be lessened if a company has a record of doing which of the following:

voluntarily reporting illegal actions

The SEC's Rule 10b-5:

was adopted under Section 10(b) of the 1934 Act concerns securities fraud and prohibits "manipulative" deceptive device and applies to registered and unregistered securities

Which of the following is not a part of the Clean Water Act:

water pollution standards based on evidence of harm to humans and aquatic species

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