lgs module 4

laura is the only female employee in the maintenance department of motor service inc. her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. this is most likely a constructive discharge a voluntary quit employer retaliation discrimination

a constructive discharge

claudio owns one hundred acres of fertile bottomland. with respect to the land, jana has an easement and clinton has a profit. a right to possess the bottomland is owned by claudio jana clinton claudio, jana, and clinton in fractional shares

claudio

federal law that allows employees to take time off work for family or medical leave supersedes state and local laws that provide more generous benefits true false

false

the age discrimination in employment act prohibits employment discrimination on the basis of age against individuals up to forty years of age true false

false

the condemnation power of the government to take land for a public use if known as the right of adverse possession true false

false

the most important factor in determining whether an item is a fixture is the perception of a disinterested third party. true false

false

title vii of the civil rights act prohibits job discrimination on the basis of income true false

false

frank tells giselle that she can camp on his beach and swim in his lake whenever she wants. with respect to the right to camp and swim giselle can pass title to the right to her heirs giselle can exercise the right for the duration of her life frank can withdraw or revoke the right giselle can use frank's property with impunity for perpetuity

frank can withdraw or revoke the right

with respect to governing the workplace, statutory law has displaced common law doctrines to a large extent is superseded by common law principles is given effect only when it aligns with common law precedents applies to a dispute only in the absence of a common law rule

has displaced common law doctrines to a large extent

ivy is blind. jerold has cancer. kim has cerebral palsy. considered to have a disability under the americans with disabilities acts is only ivy ivy, jerold, and kim not ivy, jerold, and kim only ivy and kim

ivy, jerold, and kim

devon takes temporary family leave for her job at an equipment sales company to care for a newborn baby. with respect to devon's healthcare coverage, during the leave, under the family and medical leave act, equipment sales company ... must continue it may suspend it may terminate it must add the baby to it

must continue it

sara believes thats he was rejected for a position at a tour and travel agency on the basis of her race. sara files a suit against tour and travel under the civil rights act. to establish a prima facie case of employment discrimination, sara must show all of the following except that she applied and was qualified for the job in question she is a member of a protected class she was rejected for a position by the employer other persons of her race hold similar positions with similar employers

other persons of her race hold similar positions with similar employers

luke takes temporary family leave from his job at metal works corporation to arrange for childcare and deal with financial and legal matters when naomi, his spouse, a u.s. marines on active duty is deployed overseas. on luke's return from the leave, metal works must restore him to his same position or a comparable position reimburse him on his expenses while on leave promote him to the status of a key employee do nothing

restore him to his same position or a comparable position

bob owns twenty acres of land on the side of a mountain in colorado. he files a suit against the durango flight school, claiming that its planes flying over his land violate his property rights. to succeed, his best argument is the planes fly over more than twice a day there are other routes the planes could take the flights are low and frequent, interfering with enjoyment of his land the planes are effectively taking private property for private use

the flights are low and frequent, interfering with enjoyment of his land

a fee simple absolute is an estate or interest in land with no limit in terms of disposition or duration true false

true

a plaintiff who sues on the basis of disparate treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense true false

true

to be eligible for unemployment compensation, a worker must be will and able to work true false

true

when an employee receives tips on the job, federal law requires the employer to pay the employee the difference between the amount of the tips and the federal minimum wage true false

true