FINAL EXAM FINA2244

The Family and Medical Leave Act gives employees the right to take:

12 weeks of unpaid leave per yesr for health and family related reasons

Governmental control of safety in commercial food, drink, drugs, and cosmetics began with the passage of the Pure Food and Drug Act of ___________.

1906

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees who are over the age of ___________, if the employer has twenty or more employees.

40

An independent contractor is distinguished by:

?

Karen has a history of drunk driving and has been convicted several times. The Pizza Parlor hires her as a delivery person, despite knowing her history. If Karen causes an accident while on the job because she has been drinking you would expect the Courts to:

?

_________ is not a major racial group officially recognized by Title VII of the 1964 Civil Rights Act.

?????????

_______ is NOT a protected class under Title VII of the 1964 Civil Rights Act.

Age

The cornerstone of federal employment discrimination law is the

Civil Rights Act of 1964

The _________________ Clause, known as the Food Additives Amendment, was added to the Food, Drug, and Cosmetic Act in 1958 and gave the FDA the authority to set the safe use level of food additives.

Delaney Clause

The first step in pursuing a claim under Title VII is to file a claim with the ________________________.

EEOC

The _________________________ Act regulates credit bureaus (credit reporting agencies).

Fair Credit Reporting

The ___________________________ Act regulates credit bureaus (consumer reporting agencies).

Fair Credit Reporting

The ___________________________ is charged with monitoring food and drug safety.

Food & Drug Administration

refers to the country where a person is born or the country from which his or her ancestors came.

National Origin

The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the:

Necessary and Proper Clause

Federal judges are nominated by:

The President

The ____________________ Act requires standardized loan terms in all loan contracts.

Truth-in-Lending

Shareholders, the board of directors and the managers are the three major groups that make up:

a corporation

Double taxation on profits is:

a disadvantage to the corporate form of organization

Federal courts have the judicial power to hear cases involving:

a dispute between a citizen and a foreign citizen, a federal question, a dispute between two states, a case involving a treaty

Statutory law is:

a law enacted by a legislative body

A principal's ratification is:

a principal's acceptance of responsibility for an agent's actions

An agent with authority to represent the principal only for a specific transaction, usually for a limited time is a(n):

a special agent

Original jurisdiction means power to:

accept a lawsuit, try it, and pass judgment

The Constitution was amended almost immediately to ensure that there was:

adequate protection for individual rights

Substantive rules issued by agencies are:

administrative statutes with the same force and effect of law as statutes passed by Congress

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:

age discrimination laws since "young" is probably not over the age of 40

An employment of an agent for the purpose of representation in establishing relations between a principal and third parties is known as a(n):

agency relationship

The Environmental Protection Agency is an example of:

an administrative agency

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

an adversarial system of justice

State judges:

are appointed by the governor in some sates, are elected in partisan (party) elections in some states, are selected by the legislature in some states, are elected in non-partisan (no party affiliation) in some states

Assume that the congregation of a Roman Catholic church wants to hire a new priest and requires that the successful applicant be a graduate of the Roman Catholic seminary. An applicant who is turned down for the job is a graduate of the Baptist Seminary. If the unsuccessful candidate sues arguing discrimination under Title VII, the Roman Catholic church's defense for its seminary requirement would be that it is a __________________________________.

bona fide occupational qualification

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:

broad Congressional regulation of business

An agency through operation of law is established:

by ratification of the agent's activities by the principal

In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to other. In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:

common law can adapt to changing circumstances

Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called:

compensatory damages

Which of the following is true about the federal appeals courts?

courts of appeals usually assign three-judge panels to review decisions of district courts

The United States Constitution:

created the three branches of government

In McCulloch v. Maryland, the Supreme Court held:

creation of a national bank was constitutional under the Necessary and Proper Clause

Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by:

direct observation

Employee handbooks usually do which of the following?

discusses grounds for discipline and dismissal and communicate company policies and procedures

Under Title VII of the 1964 Civil Rights Act, unintentional discrimination is referred to as ___________________________ discrimination.

disparate impact

Under Title VII of the 1964 Civil Rights Act, intentional discrimination is referred to as ________________________ discrimination.

disparate treatment

The US Constitution created these branches of federal government

executive, legislative and judicial

The Lanham Act regulates __________________ advertising claims.

false, misleading, deceptive

The Bill of Rights is the:

first ten amendments of the U.S. Constitution

Following a trial's opening statements, the plaintiff:

goes first since he has the burden of proving that his arguments are correct

If the U.S. Supreme Court accepts a case on appeal it:

grants a writ of certiorari

Ethics, in the context of business practitioners:

has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization

A major advantage of the use of precedent in law for businesses is that they will:

have reasonable expectations about the enforcement of agreements

In Lamson v. Crater Lake Motors, in which a car sales employee who felt that the sales tactics of the company were unethical and was fired after he refused to cooperate sued the company for wrongful discharge, the appeals court found that Lamson had no case because:

his actions were not an important public duty, he was not explicitly or implicitly directed to participate in any unlawful activity, the defendant took no action concerning the plaintiff that amounted to a tort under the applicable law

When a court "pierces the corporate veil" it:

hold shareholders personally liable for corporate debts

Making marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of:

how governments can use law to enforce different social norms

If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:

in rem jurisdiction

The FTC established through regulations and a policy statement that an advertisement would be considered deceptive if it ____________________________________.

is likely to mislead a reasonable consumer

At most trials, after the parties present their closing arguments, the:

judge instructs the jury on the law; the jury applies the law to the facts it determines

When there is an undisclosed principal, the agent is:

liable to the third party for the principal's nonperformance of the contract

In an orderly society, law and the legal system help to:

maintain the important values of society, provide a way for important social changes to take effect, resolve disputes, influence the behavior of members of society

An at-will employee:

may be dismissed at any time without reason or cause

The Federal Trade Commission was established in 1915 to regulate _______________________ practices.

misleading trade, unfair trade, deceptive advertising and marketing

When a plaintiff files a suit against a defendant, plaintiff:

must give notice to the defendant by service of process

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following:

none of the specific choices are proper at this stage of the proceedings, an answer, a counterclaim, a motion to dismiss

The doctrine of judicial immunity means judges may:

not be sued for damages that result from their judicial acts

The discovery stage in the trial process is intended for the:

parties to obtain information about the facts before the trial starts

Gary and Sue start a consulting firm. They are co-owners of it and have joint control over its operation and the right to share in its profits. Their organization is most likely a:

partnership

The Nutrition Labeling and Education Act of 1994 required the FDA to issue nutrition labeling regulations. These FDA regulations now require that certain food components be listed ____________________ on food product nutrition labels.

per serving

Which is the correct order of stages for a typical lawsuit:

pleadings, discovery, pretrial, trial, appeals

Before being controversially struck down by the Supreme Court in the Citizens United case, the McCain-Feingold Act:

prohibited for-profit and non-profit corporations and unions from broadcasting "electioneering communication"

The Kefauver Amendment of 1962 requires that the FDA approve drugs based on their ___________________, not just their _______________________ as required before 1962.

proven effectiveness, safety

Enforcement of law in a society is important because it:

provides some predictability and uniformity to the boundaries of acceptable conduct

A ________________________ is permission given by shareholders to someone else to vote their corporate shares on their behalf in the manner in which the shareholders instruct.

proxy

An agency may be established by:

ratification, operation of law, written agreement, means of the doctrine of estoppel

Employers are obliged to make ____________ accommodations for persons with disabilities and are expected to incur expenses in making a position or workstation available to qualified disable applicants and employees.

reasonable

The Equal Pay Act of 1963 prohibits employment pay discrimination on the basis of

sex

In Title VII discrimination cases, after the plaintiff establishes a basic claim, the burden of proof then __________________________________________.

shifts to the defendant to present evidence that the claim is untrue or that there was a legal reason for its (the employer's) decision, and then the burden shifts back to the plaintiff

The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called:

stare decisis

The constitutional requirement that governments must give just compensation for property taken for public use is known as:

takings clause

The part of the Constitution that probably has the largest impact on business is known as:

the Commerce Clause

Most cases involving questions of federal law originate in:

the U.S. district courts

The most immediate control mechanism enjoyed by Congress for regulating administrative agencies in the ability to control agency activity through:

the budget process

To create a corporation:

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

Personal jurisdiction over the person of the defendant is achieved when:

the defendant is served with a copy of the complaint

Regulatory takings cases indicate that:

the destruction of property value must be almost complete for compensation to be due

The complaint filed by plaintiff contains:

the names of the parties, a statement of the remedy the plaintiff is seeking, a short statement of the facts necessary to show that plaintiff may be entitled to a remedy, a statement alleging the facts necessary for the court to take jurisdiction

Proper venue refers to:

the proper place where a lawsuit is heard

The Franchise Rule requires that the following information must be provided except:

the responsibilities that the parties will have to each other under the agreement, an audited financial statement of the franchisor's operation, the background and experiences of all existing franchisees, the names and addresses of other franchisees

The Constitution intends for the judiciary to have significant independence from the other parts of the government as part of:

the system of checks and balances

Depositions, written interrogatories, orders for production of documents and request for admissions are all examples of:

the tools of discovery

Under which of the following conditions would a principal or employer be liable for the torts of an agent or employee:

the tort occurred within the scope of employment

The United States Constitution divides governmental power to prevent:

the tyranny the founders experienced under King George III

In the American court system:

there is a federal system and a similar system of trial and appeals courts in each state

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

The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:

to provide a neutral forum for handling such disputes

To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:

unconstitutional because it violates the Commerce Clause

An employer is expected to comply with the Americans with Disabilities Act by making reasonable accommodations for persons with disabilities ________________________.

unless the employer can prove an undue hardship on business operations

A potential drawback of sole proprietorship and partnerships is that the parties involved have:

unlimited liability

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:

voir dire

In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new large project build, the Supreme Court held that the forced sale:

was legitimate as long as the city used the property for government purposes

The commerce clause of the Constitution gives Congress the power to regulate trade:

with foreign nations and among the states

You post a notice at school that you will sell your laptop computer for $600. A buyer comes by your room to look at it while you are gone and your roommate sells it for $500, thinking you would be happy with that price, which you did not authorized.

you can accept the deal by express or implied ratification