blaw test3 #3

The ____ was created to monitor unfair labor practices and assure that union representation elections are fair. (A) National Labor Relations Board (B) National Employee Relations Board (C) National Union Relations Board (D) National Workplace Relations Board (E) National Worker Relations Board

(A) National Labor Relations Board

The authority given by the principal to an agent, conferring on the agent the power and right to change the principal's legal status is referred to as: (A) actual authority (B) authority in rem (C) authority at law (D) general authority (E) special authority

(A) actual authority

Under Article 3 of the UCC, a draft is: (A) an unconditional written order to pay that involves three parties: drawer, drawee, payee; the drawee may be a bank, person, or business; payment may be set at a future time (B) an unconditional written order to pay that involves three distinct parties: drawer, drawee, and payee; the drawee must be a bank; payment must be "on demand" (C) a promise by one party to pay a certain sum of money to another party; two parties are involved: the maker and the payee; payment may be set at some time in the future (D) an acknowledgment by a bank that it has received money from a customer with a promise from the bank that it will repay the money received at a specified date or upon demand; two parties are involved: a maker and a payee (E) none of the other choices

(A) an unconditional written order to pay that involves three parties: drawer, drawee, payee; the drawee may be a bank, person, or business; payment may be set at a future time

A(n) ____ is one in which employees agree not to leave and go into competition against the employer or go to work for a competitor for a certain time. (A) noncompete agreement (B) anti-raiding covenant (C) exculpatory agreement (D) whistle-blower agreement (E) none of the other choices

(A) noncompete agreement

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: (A) noncompete agreement (B) anti-raiding covenant (C) exculpatory agreement (D) whistle-blower agreement (E) none of the other choices

(A) noncompete agreement

Apparent authority arises when: (A) the principal creates an appearance of authority in an agent that leads a third party to conclude reasonably that the agent has authority to act for the principal (B) the agent creates an appearance of authority in a principal that leads a third party to conclude reasonably that the agent has authority to act for the principal (C) the agent forges documents conferring authority on himself (D) the principal gives the agent implied authority (E) none of the other choices are correct

(A) the principal creates an appearance of authority in an agent that leads a third party to conclude reasonably that the agent has authority to act for the principal

For the NLRB to oversee a representation election, at least what percent of employees must request an election? (A) 20% (B) 30% (C) 50% (D) 66.6% (E) 80%

(B) 30%

Forcing retirement because of age is an example of: (A) sex discrimination (B) age discrimination (C) elderly discrimination (D) geriatric discrimination (E) quantitative discrimination

(B) age discrimination

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

(B) age discrimination

A noncompete agreement is one in which: (A) one party promises not to sue another in case of an injury caused by a tort or some other event (B) an employee agrees not to leave and then go into competition against the employer or go to work for a competitor for a certain time (C) an employee agrees not to recruit fellow employees for another company when they leave their current place of employment (D) an employee agrees not to use illegal substances (E) none of the other choices are correct

(B) an employee agrees not to leave and then go into competition against the employer or go to work for a competitor for a certain time

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

(B) cannot sue for age discrimination by claiming he was forced to retire early

A(n) ____is liable to a third party for a contract made by an agent who had actual authority to act on behalf of the principal. (A) undisclosed principal (B) disclosed principal (C) specific principal (D) legitimate principal (E) clear principal

(B) disclosed principal

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

(B) is not prohibited by Title VII of the Civil Rights Act

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

(B) persons aged 40 and over

The business judgment rule: (A) is applied when directors of a corporation act negligently (B) protects directors and managers of a corporation who have made honest mistakes in judgment (C) is used by courts to impose strict liability on directors and managers when violated (D) protects directors and managers of a corporation who have made honest mistakes in judgment and is used by courts to impose strict liability on directors and managers when violated (E) none of the other choices

(B) protects directors and managers of a corporation who have made honest mistakes in judgment

If 30% or more of the employees of a company sign authorization cards collected by a union organizer then the organizer will request a(n) ____ from the NLRB. (A) bargaining election (B) representation election (C) union election (D) employment manager election (E) leader election

(B) representation election

If an unfair labor practice case makes it to the U.S. Court of Appeals and one party still refuses to accept the decision: (A) there are no further steps to be taken (B) the case may be taken for final review by the U.S. Supreme Court (C) the case may be taken for final review by Congress (D) the case may be taken for final review by the U.S. Labor Board (E) none of the other choices are correct

(B) the case may be taken for final review by the U.S. Supreme Court

An agent must perform instructions provided by the principal. If the agent fails to do so, he violates: (A) the duty of cooperation (B) the duty of obedience and performance (C) the duty to reimburse (D) the duty of loyalty (E) the duty of accounting

(B) the duty of obedience and performance

Actual authority give the agent: (A) no real authority (B) the power and right to change the principal's legal status (C) the power and right to make all decisions for the principal, even on matters where the agent does not have authority (D) a 50% ownership share in all the principal's assets (E) none of the other choices are correct

(B) the power and right to change the principal's legal status

Most complaints filed with the National Labor Relations Board each year involve: (A) yellow-dog contracts (B) unfair labor practices (C) age discrimination (D) misuse of dues money by union leaders (E) substance abuse policy

(B) unfair labor practices

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

(B) women or minorities under age 21

Under Article 3 of the UCC, a note is: (A) an unconditional written order to pay that involves three parties: drawer, drawee, payee; the drawee may be a bank, person, or business; payment may be set at some future time (B) an unconditional written order to pay that involves three parties: drawer, drawee, and payee; the drawee must be a bank; payment must be "on demand" (C) a promise by one party to pay a certain sum of money to another party; two parties are involved: the maker and the payee; payment may be set at a date in the future (D) an acknowledgment by a bank that it has received money from a customer with a promise from the bank that it will repay the money received either at a specified date or upon demand; two parties are involved: a maker and a payee (E) none of the other choices

(C) a promise by one party to pay a certain sum of money to another party; two parties are involved: the maker and the payee; payment may be set at a date in the future

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

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

Barbara, a purchasing agent for UTA, was fired for good reason. Being angry about her dismissal, she calls one of UTA's suppliers and orders 1,000 purple widgets UTA does not need. If UTA, the principal, is held liable for this transaction, it is because Barbara had: (A) express authority (B) implied authority (C) apparent authority (D) actual authority (E) none of the other choices apply

(C) apparent authority

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

(C) are prohibited from discriminating in employment against persons only over 40

A(n) ____ is a legally binding written order to pay a fixed sum of money that involves three parties. (A) promissory note (B) real estate mortgage note (C) draft (D) easement (E) balloon note

(C) draft

The workers at a meat packing plant are on strike. They picket the banks in town to put pressure on the meat packing plant to come to a settlement. The pickets at the banks are: (A) legal primary boycotts (B) legal under First Amendment rights to free speech (C) illegal secondary boycotts (D) illegal for committing a tort of injuring bank business (E) none of the other choices

(C) illegal secondary boycotts

Which of the following is not an unfair labor practice by a union: (A) refusing to bargain with employers about wages and working conditions (B) engaging in secondary boycotts (C) ordering workers to go on strike when a collective bargaining agreement is not reached (D) including in a collective bargaining agreement a term that requires the employer to pay a union leader a salary even though the leader does no work for the company (E) all of the other choices are legal activities

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

The National Labor Relations Board: (A) has ten board members (B) is appointed by the Secretary of Labor (C) oversees the investigation of unfair labor practices (D) is headquartered in New York City (E) all of the other choices

(C) oversees the investigation of unfair labor practices

Employers may be liable for torts of employees that can be attributed to negligent hiring or supervision under the rule of law known as: (A) contractor liability (B) tortious liabilitius (C) respondeat superior (D) principal duty (E) there is no such rule as the employee only is responsible

(C) respondeat superior

The rule of law imposing vicarious liability upon an innocent principal is known as: (A) contractor liability (B) tortious liabilitius (C) respondeat superior (D) principal duty (E) there is no such rule as the employee only is responsible

(C) respondeat superior

When liability is imposed on an employer for a tort committed by an employee, the liability is based on the rule of law known as: (A) contractor liability (B) tortious liabilitius (C) respondeat superior (D) principal duty (E) there is no such rule as the employee only is responsible

(C) respondeat superior

An agency ends without any action by the principal or the agent through: (A) termination through action (B) termination through inaction (C) termination by operation of law (D) termination by decision of law (E) termination by redefinition

(C) termination by operation of law

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: (A) an administrative law judge (B) U.S. federal district court (C) U.S. magistrate (D) U.S. Court of Appeals (E) no appeal is allowed; enforcement is by U.S. marshal

(D) U.S. Court of Appeals

The agent's ability to transact business on behalf of and for the principal depends on whether the agent possesses: (A) actual authority (B) apparent authority (C) quasi-authority (D) actual or apparent authority (E) actual or apparent authority or quasi-authority

(D) actual or apparent authority

When a principal creates an impression of authority in an agent that leads a third party to conclude that the agent has authority to act for the principal, the agent is said to have: (A) implied authority (B) express authority (C) actual authority (D) apparent authority (E) none of the other choices

(D) apparent authority

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

(D) prohibits discrimination against persons over age 40 and applies to employers with 20 or more employees

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

(D) younger workers are cheaper to employ than older workers

Davidson was barred from being in the nursing home business in New Mexico. His partner Krystopowicz knew that, but he agreed to be the front man for a nursing home business. They would split the profits from ten nursing homes 50-50. Each home existed under its own LLC. Morrissey sued the LLC that owned the home where her mother had died, claiming wrongful death due to negligence. The jury awarded $4.8 million but the LLC was worth nothing, so Morrissey could not collect on the judgment. She sued Krystopowicz, the owner of the LLC, personally. The appeals court held that: (A) ​LLC owners are exempt from personal liability, so she could not sue Krystopowicz. (B) ​state law limited personal liability in such instances to $10,000 per incident, so that would be the maximum Morrissey could collect. (C) ​Davidson was improperly allowed to be involved in the business, so he would be held personally liable. (D) ​Krystopowicz abused the business form so the veil would be pierced and Morrissey could hold him liable. (E) ​none of the other choices are correct.

(D) ​Krystopowicz abused the business form so the veil would be pierced and Morrissey could hold him liable.

The Brechers owned Contractors Source, which had a company account at Amegy Bank. Straten was a bookkeeper for Contractors. She stole money by forging check over 32 months. Amegy agreed that the checks were forgeries but argued that the terms of the account agreement said that forgeries must be reported within 30 days, so it was not responsible for most forgeries, as it had sent monthly statements that had not been checked. Under the UCC, is Amegy correct? (A) ​No, banks are responsible for all forgeries when the signature does not match the authentic signature on file. (B) ​No, banks are responsible for all forgeries that occur "in the normal course of business" as was true here. (C) ​Yes, it paid the checks in good faith and could not reasonably be expected to compare signatures on all checks. (D) ​Yes, it sent monthly statements, so the Brechers should have looked for problems. (E) ​None of the other answers are correct.

(D) ​Yes, it sent monthly statements, so the Brechers should have looked for problems.

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

(E) all of the other specific choices are correct

The powers of the National Labor Relations Board include: (A) monitoring of unfair labor practices (B) representing the NLRB in court (C) determining if employees want to be represented by a union (D) monitoring of unfair labor practices and determining if employees want to be represented by a union (E) monitoring of unfair labor practices and determining if employees want to be represented by a union and representing the NLRB in court

(E) monitoring of unfair labor practices and determining if employees want to be represented by a union and representing the NLRB in court

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

(E) prohibits discrimination against men and women over age 40 and applies to employers with 20 or more employees

Which of the following statements may an employer make without engaging in an unfair labor practice? (A) threaten to fire employees if they vote to unionize (B) threaten to close operations if employees vote to unionize (C) tell employees they may lose jobs if unionization leads to lower profits for the employer (D) all of the other choices (E) a and b

C) tell employees they may lose jobs if unionization leads to lower profits for the employer

What role does the NLRB play in a representation election? (A) it supervises the election (B) it tells employees about the costs and benefits of unionization for an unbiased view (C) it certifies the election results (D) it supervises the election and certifies the election results (E) supervises the election and certifies the election results and tells employees about the costs and benefits of unionization for an unbiased view

D) it supervises the election and certifies the election results