BUL 3310 Exam 3

Creditors may petition the bankruptcy court to convert a Chapter _________bankruptcy in to a Chapter __________bankruptcy. 7 into 13 11 into 7 11 into 13 13 into 11

11 into 7

To be entitled to the protection of the Family and Medical Leave Act, the employee must have worked for the employer for ___ months and the employer must have ___ employees - 24; 200 - 18; 50 - 12; 50 - 12; 10

12 ; 50

If a debtor has 12 or more unsecured creditors, at least ___ of these creditors with aggregate claims of $13, 475 must sign the petition to force the debtor into an involuntary bankruptcy 3 6 7 12

3

In door to door sales, customers have a "cooling off period" during which they can cancel their orders. The cooling off period is for ___ days a. 1 b. 3 c. 5 d. 180

3

Before a binding vote is held in which workers choose to unionize or not unionize, enough workers must sign authorization cards indicating that they are interested in joining the inion. What is the percentage of the work unit who must sign these cards? - ten - thirty - fifty - eighty

30

An employee must be at least ___ years of age to be protected from discrimination under the Age Discrimination in Employment Act 40 62 65 70

40

The Age Discrimination in Employment Act protects employees who are at least ___ years of age from employment discrimination 40 60 65 70

40

Only employers who have ___ or more employees are subject to the Family and Medical Leave Act - fifty - seventy - 100 - 300

50

Under Regulation Z, when a credit card is lost or stolen, the credit card holders liability for unauthorized charges is limited to ___ 100 25 50 unlimited

50

A consumer who finds an error in a credit card statement has ___ days from the time of discovery to notify the bank 30 60 65 180

60

Under the 2009 Credit Card Accountability, Responsibility and Disclosure Act, credit card companies may not raise interest rates on existing credit card balances unless the borrower is at least ___ days late in making a payment 10 30 60 90

60

A prima facie claim of disparate impact discrimination is established if the selection rate for members in a protected class is less than ___ percent of the selection rate for members in the majority class - 25 - 30 - 50 - 80

80

To determine if a preferential transfer has taken place, the debtor is presumed to be insolvent for a period of ___ days prior to filing the bankruptcy petition 30 60 90 120

90

Which of the following activities is permitted by the Taft-Hartley Act? - A business may require that a worker be a member of a union as a condition for being hired. - A business may require that a worker join a union after he has worked for a certain period of time - Unions may organize secondary boycotts to protest the employment practices of other employers. - Unions may veto management lay offs of workers during slow business periods.

A business may require that a worker join a union after he has worked for a certain period of time

Which of the following employers is NOT subject to Title VII's antidiscrimination provisions? - A business organized as a sole proprietorship - A business that has twelve employees - A U.S. firm doing business in England - A corporation with fewer than fifteen shareholders

A business that has twelve employees

Pat hired Mike to manage his deli, but the agency agreement did not state how much Mike is to be paid. In this situation A. Mike is a gratuitous agent until a salary is negotiated. B. The agreement is voidable by Pat. C. The agreement is voidable by Mike. D. A court will read in a reasonable salary based on comparable positions in the business community.

A court will read in a reasonable salary based on comparable positions in the business community

If an agency agreement does not state how much an agent is to be paid, what happens? - the agency agreement is void - the agency agreement is voidable by the agent, but not by the principal - the agent is assumed to be a gratuitous agent - a court will read in a reasonable amount based on the customary rate in the business community

A court will read in reasonable amount based on the customary rate in the business community

Apparent authority can only be created by the actions of which of the following - the agent himself - a disclosed principal - a disclosed agent - an undisclosed principal

A disclosed principal

The Principal and Agent have ___ relationship with each other - an arms length - a statutory - a fiduciary - an equitable

A fiduciary

When a servant completely abandons the master's work to pursue his own interests, the servant is on ___ - a detour - an outing - a trespass - a frolic

A frolic

Which of the following is NOT an example of a trade secret - a business's marketing plans for the next five years - a list of customers that was published in an ad in a trade journal - the formula for a compound used in a manufacturing process - the responses of a focus group to a company's product that have been gathered and analyzed

A list of customers that was punished in an ad in a trade journal

In a disparate treatment case, the plaintiff can defeat the defendant's claim that the discriminatory employment decision was taken for a "legitimate non-discriminatory reason" by proving that the reason offered was ... - a pretext - a sham - illusory - fraudulent

A pretext

Under the BAPCPA, Congress instituted a mechanism to reduce the ___ of Chapter 7 bankruptcy filings Legality. Accessibility. Abuse. Cost.

Abuse

The Fair Debt Collection Practices Act prohibits debt collectors from participating in _______ a. all debt collection activities b. Abusive and deceptive behaviors c. Collection of small or insignificant debts. d.Judicial debt collection procedures.

Abusive and deceptive behaviors

Alan is the general manager of a restaurant. Although not mentioned in his employment contract, as part of carrying out his management duties he has the authority to buy supplies, hire employees, put ads on the radio, engage a cleaning service, pay bills, etc. These duties are expressions of his ___ authority A. Actual express, B. Actual implied, C. Actual apparent, D. Constructive implied

Actual implied

Alan is the general manger of a restaurant. Although not mentioned in his employment contract, as part of carrying out his management duties he has the authority to buy supplies, hire employees, put ads on the radio, engage a cleaning service, pay bills, etc. These duties are expressions of his _____________ authority. Actual express Actual implied Actual apparent Constructive implied

Actual implied

Which of the following unsecured creditors has first priority when the assets are distributed in a Chapter 7 bankruptcy? Administrative expenses Wages, salaries and commissions Wrongful death or personal injury awards against the debtor for accidents caused by the debtor's wrongful use of alcohol or drugs. Alimony, child support and other domestic support claims.

Alimony, child support and other domestic support claims

How could a private employer institute a voluntary minority racial preference plan without violating Title VII? - If it is for a limited time - If it opens employment opportunities to racial minorities in jobs from which they were traditionally excluded - If it does not eliminate or unnecessarily restrict the hiring of white candidates - All of the above

All of the above

John, who is employed by a private business, was injured on the job. How will OSHA learn of the job safety violation that caused his injury? - John may report his injury directly to OSHA. - John's employer must report his injury to OSHA. - OSHA may conduct an inspection of John's worksite. - All of the above

All of the above

Rhonda Realtor was hired to find Client an undeveloped lot that met the following requirements: the lot must be in the mountains, on a pristine lake, consist of at least 10 acres, and be available for no more than $500,000. Rhonda found a property that met all these requirements for only $425,000. Enchanted, she bought the property for herself. She did not tell Client about her find and is still diligently seeking another property that meets Client's needs. Which, if any, agency duties has Rhonda violated? - Duty of loyalty - Duty to inform - Duty to obey instructions - all of the above

All of the above

To be eligible for Chapter 13, an individual must ... Have a regular income Have unsecured debts of $336,900 or less Complete the mandatory consumer creditor counseling class all of the above

All of the above

What happens if an agent acts outside the scope of his or her authority when negotiating a contract? a. The agent loses the right to reimbursement b. The agent loses the right to indemnification c. The agent becomes personally liable on the contract to the third party d. All of the above

All of the above

What must a worker do to be eligible for unemployment compensation? - She must have been employed for a specified period of time. - She must be actively looking for another job - She must not have been fired for egregious behavior in the workplace - All of the above

All of the above

Which of the following is not an element of ratification? The principal was fully disclosed at the time the contract was formed. The principal is aware of all of the terms of the agreement The third party has not withdrawn from the contract All of the above are requirements for ratification

All of the above

Which of the following statements about unemployment compensation is true? - An employee must have worked for a minimum amount of time to qualify. - Employees who quit without good cause are ineligible for benefits. - Employees who were fired for cause are ineligible for benefits. - All of the above

All of the above

An agent incurs personal liability on a contract with a third party when ... - He acts outside the scope of his authority in negotiating the contract - He is an agent for an undisclosed principal - He is an agent for a partially disclosed principal - All of the above would impose personal liability on the agent

All of the above would impose personal liability on the agent

Which of the following would NOT terminate an agency by operation of law? - the death of the principal - the death of the agent - the destruction of the goods that the agent was hired to sell - all of the above would terminate an agency by operation of law

All of the above would terminate an agency by operation of law:

An employer whose termination of an at-will employee violates a public policy is liable to the employee for which of the following? - unpaid back pay and benefits - punitive damages - damages for pain and suffering - all of the above

All of the above:

Exceptions to the employment at will doctrine have been created by which of the following? - state statutes - federal statutes - state courts - all of the above

All of the above:

When does an agent incur personal liability on a contract with a third party? - when he acts outside the scope of his authority in negotiating the contract - when he is an agent for an undisclosed principal - when he is an agent for a partially disclosed principal - all of the above

All of the above:

Which of the following workers is covered by the Fair Labor Standards Act's wage and hour requirements? - A child actor while making a movie - The CEO of Ford Motor Company - An assembly line worker in a Ford Motor Company plant - The sales representative of a pharmaceutical company whose territory covers three states

An assembly line worker in a Ford Motor Company plant

Which of the following statements about the good cause exception to the employment at will doctrine is false? - An employee who wins a suit for wrongful termination under the good cause exception is entitled to back wages, damages for pain and suffer - Thirty years of continuous employment is good evidence that an implied contract to terminate only for good cause has been created. - The good cause exception is created by the conduct of the parties, particularly the conduct of the employer, during the years of employment. - A and B only

An employee who wins a suit for wrongful termination under the good cause exception is entitled to back wages, damages for pain and suffer

Which of the following is eligible to file for bankruptcy under Chapter 7? An insurance company An individual A railroad A saving and loan association

An individual

Which of the following statements about workers compensation programs is false? - Workers compensation laws are state laws that provide benefits to workers injured on the job. - An injured worker may collect workers compensation and may sue his or her employer for negligence. - If the worker was injured by a defective product used in the workplace, the worker may collect workers compensation and sue the manufacturer - Workers compensation does not cover job injuries that are intentionally caused.

An injured worker may collect workers compensation and may sue his or her employer for negligence

Another term for ostensible authority is _______________ authority. a. Apparent b. Incidental c. Express d. Constructive

Apparent

A person who is given power of attorney is called an ___ - attorney at law - attorney in fact - factor - general agent

Attorney in fact

The filing of the petition by a debtor triggers an ________, which has the effect of suspending almost all actions by creditors against the debtor. a. Voluntary dismissal. b. Automatic stay. c. Express written waiver. d. Notice of default.

Automatic stay

The ___ consists of all legal or equitable interests of the debtor in property Account receivable. Court registry. Bankruptcy estate. General ledge

Bankruptcy estate

The Fair Packaging and Labeling Act mandates that ___ be included in the labeling and packaging of most products Nutritional information. Basic information. Chemical composition. Cost of production.

Basic Information

To be subject to the Age Discrimination in Employment Act, what must an employer do? - Be engaged in interstate commerce and have at least twenty employees. - Be engaged in interstate commerce and have at least forty employees - Be engaged in either intrastate or interstate commerce and have at least forty employees - Be organized as a corporation or limited liability company and have at least forty employees

Be engaged in interstate commerce and have at least 20 employees

Bona fide occupational qualification cannot be raised as a defense in cases of employment discrimination based on which of the following? - Race - Color - Religion - Both A and B

Both A and B

Bona fide occupational qualification is a defense narrowly interpreted by the courts, which applies to cases of employment discrimination that are based on which of the following? - Gender - National origin - Both A and B

Both A and B

Employers who dismiss an employee in a public and demeaning way may be liable the employee in tort for which of the following? - Invasion of privacy - Intentional infliction of emotional distress - Wrongful interference with a contractual relationship - Both A abd B

Both A and B

When is the only time that employers are subject to the Age Discrimination in Employment Act? - If they engage in interstate commerce - If they have at least twenty employees - If they have at least 100 employees - Both A and B

Both A and B

An agent has a duty to obey the principal's instructions unless which of the following is true? - the instructions require the agent to perform duties that are not in the agency agreement - the instructions are to perform an illegal act - the instructions are not in the principal's best interest - both A and B

Both A and B:

An agent's actual authority may be ___ - express - implied - ostensible - both a and b

Both A and B:

Assume that the defendant in disparate impact case claims, as an affirmative defense, that the employment practice which is complained of is, "job related and consistent with business necessity." What clan Plaintiff show to defeat this defense? - The practice is a pretext for discrimination. - There is another, non-discriminatory employment practice that fills the same function. - The defendant had been investigated by the EEOC at least twice within the last ten years. - Both A and B

Both A and B:

To collect workers compensation, what must an employee do? - Suffer an injury that arose out of his employment - Be included in the category of workers entitled to workers compensation - Not be out of work for more than ten days - Both A and B

Both A and B:

Under the National Labor Relations Act, businesses may NOT do which of the following? - Prevent workers from forming a union - Discriminate against workers for joining a union - Lay off workers in business downturns without the approval of twenty-three of the workers in a shop vote - Both A and B

Both A and B:

Which of the following industries are subject to particular FTC scrutiny? Funeral homes Tanning salons Home insulation providers Both a and c

Both A and C

When would an employer not be liable for sexual harassment of an employee by a supervisor? - If it was quid pro quo harassment - If it was hostile workplace harassment and the employer had exercised reasonable care to establish and enforce anti-harassment policies - If it was hostile workplace harassment and the employee waited too long to report the incident - Both B and C

Both B and C

Carla was the agent for Newco, a New York company that wanted to relocate its corporate offices to New Jersey. Carla was given the authority to purchase 600 acres of New Jersey farmland, but was not allowed to tell the sellers that she represented Newco. She was only allowed to say that she represented an out-of-state corporation. After the contracts were signed, Newco's board decided not to relocate and wants to rescind the contracts. Which of the following statements is true about the liability of the parties? A. Carla has no personal liability on the contracts because she was acting within the scope of her authority., B. Carla is personally liable on the contracts, but Newco must indemnify her because she was acting within the scope of her authority., C. Newco is liable to the sellers on these contracts because Carla was acting within the scope of her employment., D. Both b and c are true.

Both B and C are true

An employee who commits a tort while acting in the scope of his or her employment .. A. Has no liability to the injured third party because of the doctrine of respondeat superior B. Is entitled to be indemnified by the principal if the tort was committed by following the principal's instructions C. Has joint and several liability with the principal to the injured party D. Both b and c

Both B and C:

In determining the rights and duties of the parties to an agency relationship, the courts look to Case law The Uniform Commercial Code The National Labor Relations Act Federal common law

Case law

A creditor's right to payment in a bankruptcy case is a ___ Discharge Claim Debt Security interest

Claim

What is the source of the employment at will doctrine? - common law - the uniform commercial code - the convention of international employment - federal statues

Common law

Which legal rule will not impose punitive damages on a master for the torts of his servants unless the master himself took some part in the wrongful action? - vicarious liability rule - durham rule - complicity rule - transferred liability rule

Complicity rule

An employee who quits a job because the employer created an intolerable work environment has a cause of action under Title VII for which of the following? - Disparate impact discrimination - Gross negligence - Constructive discharge - Invasion of privacy

Constructive discharge

When an employer creates a work environment so hostile and intolerable that a reasonable employee would quit, the employer has created a condition of ___ - emotional distress - constructive discharge - retaliation - disparate impact discrimination

Constructive discharge

The Fair Credit Billing Act provides a mechanism for consumers to remedy errors received on ___ Credit Card Bills Bank Statements Consumer Savings Accounts Consumer Subprime Accounts

Credit Card Bills

The purpose of the automatic stay is to prevent a. Debtors from hiding personal property. b. Creditors from collecting on debts. c. Creditors from filing involuntary bankruptcy petitions d. Creditors from converting a Chapter 11 into a Chapter 7

Creditors from collecting on debts.

The Fair Debt Collection Practices Act was enacted by Congress to control the behavior of ___ Creditors Debtors Debt Collectors Politicians

Debt Collectors

In a bankruptcy proceeding, the ___ is the individual, business organization, municipality or farmer that the bankruptcy proceeding involves Debtor Creditor Interested party Trustee

Debtor

The purpose of the Telemarketing and Consumer Fraud and Abuse Prevention Act is to prohibit ___ telemarketing practices a. Substantially all. b. Deceptive. c. Time-consuming. d. Aggravating or annoying.

Deceptive

A material misrepresentation or omission likely to mislead a potential customer and would mislead a reasonable consumer is ___ a. puffery b. usury c. fraud in the inducement d. deceptive advertising

Deceptive Advertising

Which of the following is NOT a part of plaintiff's prima facie case for showing disparate treatment? - Plaintiff is a member of a protected class. - Plaintiff was qualified for the position. - Plaintiff was rejected for the position. - Defendant has eliminated the position.

Defendant has eliminated the position

A ___ is an order by the bankruptcy judge that a debtor is relieved of paying specific debts Confessed judgment Discharge Foreclosure Liquidation

Discharge

A principal whose identity is known to a third party is a ___ principal - disclosed - undisclosed - partially disclosed - transparent

Disclosed

Athlete Superstar hired Angie Agent to negotiate a contract for him with a major cereal company. Photos of Athlete Superstar, in various action poses, are to be prominently displayed on every box of GoodForYou cereal for one year. In these circumstances, Athlete Superstar is a (n) ____________ principal. Disclosed Partially undisclosed Undisclosed Special

Disclosed

The only principal who can ratify a contract is a ___ principal A.Disclosed, B.Undisclosed, C.Partially disclosed, D.Both a and c can ratify a contract.

Disclosed

The type of employment discrimination that occurs when employment practices have the effect to disqualify a large portion of a protected class is ___ discrimination - disparate treatment - disparate impact - quid pro quo - malum in se

Disparate impact

The type of employment discrimination that requires a plaintiff to show that the discrimination is intentional is ___ discrimination - disparate treatment - disparate impact - malum in se - malum prohibitum

Disparate treatment

Under the Telemarketing and Consumer Fraud and Abuse Protection Act, consumers may avoid telemarketing calls by putting their names on a federally maintained list called the ___ registry a. Consumer opt out b. Nuisance call c.Do not call d.Phone exemption

Do Not Call

Which of the following statements about the Employee Retirement Income Security Act (ERISA) is true? - ERISA requires that all employers with fifteen or more employees provide an employer pension plan. - ERISA requires that all employers with fifteen or more employees provide a health care plan. - ERISA sets standards for employer sponsored pension plans and requires periodic and detailed disclosures about the pension's funding and inv - A and C only

ERISA sets standards for employer sponsored pension plans and requires periodic and detailed disclosures about the pension's funding and inv

To defeat the defense, in a disparate impact case, that the discriminatory practice is "job related and consistent with business necessity," the plaintiff must prove which of the following? - The employment practice is a pretext for discrimination. - Another non-discriminatory practice exists that achieves the same business result. - The employer developed the business practice with the specific intent to discriminate. - Either A or B

Either A or B

Big Corp is a defendant in a disparate treatment case brought by Pam who is charging that she was denied a promotion because of gender discrimination. Big Corp will likely will if it can establish which of the following defenses? - Pam was denied the promotion for legitimate non-discriminatory reasons. - The reason it gave for denying Pam the promotion was a pretext. - The denial of the promotion was based on mixed motives. - Either A or C

Either A or C

The ___ regulates the process banks use to transfer consumer funds through electronic means Super - Fund act Consumer Banking Act Electronic Funds Transfer Ac Banking Transfer Act

Electronic Funds Transfer Act

What does the Family and Medical Leave Act require? - Employees receive their normal pay when on medical leave. - Employees are entitled to twelve weeks of medical leave during a twelve month period. - Employees must have worked for an employer for a minimum of thirty-six months to qualify for medical leave. - What constitutes a "serious medical condition" is decided by the employee.

Employees are entitled to twelve weeks of medical leave during a twelve month period

Why do workers compensation laws benefit employers? - Employers can choose to opt in or to opt out of the program. - The insurance premiums that employers pay are very low. - Employees cannot sue their employers for negligence even if the employer's negligence caused the injuries. - Employees cannot sue the employer for intentionally causing the workplace injuries

Employees cannot sue their employers for negligence even if the employer's negligence caused the injuries

Which of the following statements about employer-funded pensions and health benefit plans is true? - Employers are required by federal law to provide health insurance for their employees. - Employers are required by federal law to provide pension plans for their employees. - Employer pension plans are subject to numerous federal reporting and disclosure laws. - Both A and B

Employer pension plans are subject to numerous federal reporting and disclosure laws

What is the legal doctrine that allows an employee to quit at any time for any reason and an employer to fire an employee at any time for any reason? - freedom of contract - free market economics - employment at will - caveat emptor

Employment at will

An act of Congress that forbids creditors from discriminating against potential debtors on the basis of selected attributes is the ___ Equal Credit Opportunity Act Credit Civil Rights Act Credit Discrimination Act Collective Borrowing Act

Equal Credit Opportunity Act

What is the agency, created by Congress, to administer the provisions of Title VII that deals with discrimination in the workplace? - National Labor Relations Board - President's Commission on Workplace Opportunity - Equal Employment Opportunity Commission - Employment and Labor Relations Commission

Equal Employment Opportunity Commission

What is the federal statute that prohibits employers from paying employees of one gender less than employees of another gender for doing substantially equal work? - Bona Fide Qualifications Act - Lanham Act - Equal Pay Act - Gender Equity Act

Equal Pay Act

Doctors, lawyers, executives, and others who are not covered by laws regulating overtime pay are classified as ___ employees - vital - exempt - statutory - goodwill

Exempt

Whether or not a principal has, through his actions, ratified a contract is a question of ___ usually decided by a ___ - fact, judge - law, judge - fact, jury - law, jury

Fact ; Jury

Whether or not a servant was acting in the scope of his employment when he injured a third party is a question of ___ to be decided by the ___ - fact, judge - law, judge - fact, jury - law, jury

Fact ; Jury

Mike is a sole proprietor who buys, sells and repairs kilns and other equipment used in pottery making. He has an arrangement with K&M, a large equipment maker, to sell K&M kilns in both his own name and in K&M's name and to receive payments from customers. Mike's relationship with K&M is that of a ___ A.Independent contractor, B.Special agent, C. Broker, D. Factor

Factor

Mike is a sole proprietor who buys, sells and repairs kilns and other equipment used in pottery making. He has an arrangement with K&M, a large equipment maker, to sell K&M's kilns in both his own name and in K&M's name and to receive payments from customers. Mike's relationship with K&M is that of a ________________. Independent contractor Special agent Broker Factor

Factor

The federal legislation that prohibits banks from taking money from a customer's checking or savings account to pay a delinquent credit card account with them is the ___ NCUA Act FDIC Act Fair Credit Billing Act Checks and Deposits Act

Fair Credit Billing Act

An Act of Congress that controls the gathering, preservation and reporting of credit-related information is the ___ a. Truth in Lending Act. b. Equal Protection Act. c. Fair Credit Reporting Act d. Equal Credit Opportunity Act

Fair Credit Reporting Act

Under Chapter 11, a hearing is held on the confirmation of a debtor's proposed reorganization plan, to determine if it is ___ In the best interest of the debtor Fair and equitable. The least restrictive means of reorganization. Subject to liquidation.

Fair and equitable

A bankruptcy trustee does not have the power to invest the assets of the bankruptcy estate

False

A consumer's liability for an unauthorized electronic transfer of funds is limited to $150

False

A factor is an agent with the special limited authority of procuring a customer so that the principal can affect a sale or exchange of property

False

A factor is an agent with the special limited authority of procuring customers so that the principal can affect a sale or exchange of property

False

A multiple listing agreement lists real property with several brokers, but only the selling broker earns a commission on the sale

False

A principal always has the right to terminate an agency

False

A principal may terminate the agency of a disloyal agent only if the principal suffered a financial loss because of the agent's disloyalty

False

A store manager is an example of a special agent

False

Agency agreements must always be in writing

False

All debtors who are eligible to file under Chapter 7 will receive a discharge

False

An agent operating under a written power of attorney is called an attorney-at-law

False

An agent whose agency appointment has terminated has implied authority to continue to conduct the principal's business until third parties are notified of the termination.

False

An agent whose agency appointment has terminated has the implied authority to continue to conduct the principal's business until third parties are notified of the termination

False

An employer cannot be held liable under respondeat superior for the negligence of a person who is working under the employer's control and direction, but who is not being paid

False

An employer is responsible for the torts committed by an employee while the employee is on a frolic, but not for those torts committed while the employee is on a detour

False

An employer may be liable under respondeat superior if a customer repeatedly and publicly sexually harasses an employee

False

An employer may have liability for the negligent hiring of a servant, but not for the negligent hiring of an independent contractor.

False

An independent contractor may file a complaint under Title VII if he or she was not hired by a customer because of gender discrimination

False

Assume that you hire an independent contractor to transport hazardous chemicals for your company. If he negligently causes damages to a third part while carrying out the job, you will not be liable because of his status as an independent contractor.

False

Assume that you hire an independent contractor to transport hazardous chemicals for your company. If he negligently causes damages to a third party while carrying out the job, you will not be liable because of his status as an independent contractor

False

Congress has not yet been active in generating laws aimed at labeling and packaging

False

Debt collection agencies may publish in newspapers and on a special Web site "bad debt" lists with consumers' names and addresses

False

Debtor's intangible property will not become part of the bankruptcy estate

False

ERISA requires that all employers provide both health insurance and pension plans to their employee

False

ERISA requires that all employers with more than fifteen employees provide health insurance for the employees

False

Employees who are covered by the Fair Labor Standards Act must receive double their hourly salary for each hour of overtime they work

False

Employees who are not covered by the Fair Labor Standards Act are "classified employees" T/F

False

Employers have greater liability for employee torts in states that have adopted the complicity rule than in those states that follow vicarious liability.

False

If a bankruptcy trustee assigns a contract to a third party and the third party later breaches the contract, the trustee will be liable for the contract

False

If a consumer places his or her name on the "Do Not Call Registry," telemarketers may only contact that individual during ordinary business hours.

False

If a consumer places his or her name on the "Do Not Call Registry," telemarketers may only contact the individual during ordinary business hours

False

In a typical Chapter 13 bankruptcy, one half of the debtors take home pay is allocated to repay debts

False

In contracts negotiated by an agent acting within the scope of his authority for a disclosed principal, the agent, the principal and the third party are equally liable on the contract.

False

In contracts negotiated by an agent who is acting within the scope of his authority for a disclosed principal, the agent, the principal, and the third party are equally liable on the contract

False

It is the duty of an agent to notify third parties when his agency is terminated.

False

Legal actions to collect back child support and alimony are among those subject to the automatic stay

False

Legally speaking, there is no significant distinction between puffery and deceptive advertising

False

Masters and servants ONLY have joint liability for torts committed by the servant in the strict course of his employment

False

Officers of corporations have unlimited actual authority to sell the real property and intangible assets of the corporation

False

Once a debtor files a Chapter 7 petition, the debtor cannot request that the case be converted to a Chapter 11 or Chapter 13 proceeding

False

Sid's Sub Shop hired Ted to manage the shop from January 1, 2007 to December 31, 2007. This is an employment at will contract

False

The American's With Disabilities Act only protects employees who can perform essential work functions despite their disabilities; the Act does not require employers to take affirmative measures to accommodate employees

False

The Electronic Funds Transfer Act established a national fraud alert system to help consumers whose identities had been stolen

False

The Equal Pay Act is the source of the federal requirement that an employer reasonably accommodate the religious practices of its employees

False

The Fair Credit Reporting Act requires the person who is the target of a credit inquiry to consent to the disclosure of his or her credit information

False

The Family and Medical Leave Act guarantees that an employee will be paid one-half his or her salary for up to six months of leave, so long as the leave was for "serious health condition"

False

The bankruptcy judge is the person who handles the assets and obligations of the debtor during the bankruptcy proceeding

False

The debts of partnerships, limited liability companies, and corporations that go through liquidation proceedings are usually discharged

False

The legal test to determine whether someone is a general agent or a special agent is whether or not the agent is paid for his services

False

There is no evidence that information included on labels and packaging influences consumers' purchase decisions

False

Title VII caps the amount of damages a plaintiff may collect from a defendant with 100 or fewer employees at $10,000

False

Title VII does not apply to sole proprietorships, regardless of the number of people a business employs

False

Title VII prohibitions against gender-based discrimination include adverse employment actions based on sexual orientation

False

Title VII protections against self discrimination based on gender apply only to female employees and not to male employees

False

To establish a claim for deceptive advertising, it must be proven that actual customers were mislead into purchasing the product

False

To prove disparate impact discrimination in employment, plaintiffs must show, in their prima facie case, that the selection rate for minorities is less than 50 percent of the selection rate for non-minorities

False

To prove disparate impact discrimination, a plaintiff must show that the practices complained were "designed and intended" to disadvantage him or her

False

Under Chapter 11, holders of claims or interests in the debtor's property are not permitted to participate in the approval process of a proposed plan of reorganization

False

Under Section 7 of the National Labor Relations Act, workers who are members of a union retain the right to negotiate individual employment contracts with their employers

False

Under the Electronic Funds Transfer Act, a banking institution has 5 days after determining that an electronic transfer had been erroneously made to a customer's account to correct the error

False

Under the Equal Credit Opportunity Act, a creditor is permitted to ask whether an applicant is married when considering the applicants creditworthines

False

Under the National Labor Relations Act employers must re-hire workers who went on strike for higher wages or increased benefits

False

Undisclosed principal's have no liability to third parties for contracts negotiated by their agents

False

Undisclosed principals have no liability to third parties for contracts negotiated by their agents

False

Union shops are illegal under the Taft-Hartley Act

False

What constitutes a hostile work environment is a matter of law and does not vary from workplace to workplace

False

When ratifying a contract, a principal may select which provisions of the contract to accept and which to reject

False

When ratifying a contract, a principal may select which provisions of the contract to accept and which to reject T/F

False

Whether or not a principal has ratified a contract is a question of law to be decided by the judge at trial.

False

Whether or not a principal has ratified a contract is a question of law to be decided by the judge, and never a jury at trial

False

Workers Compensation Insurance is a comprehensive program that covers all job related injuries, including those that were intentionally inflicted

False

In some states, a parent-owner is liable for any damages caused by a family member operating the vehicle. This is the ___ doctrine - durham - family car - in loco parentis - family negligence

Family car

What are state "right to work" laws designed to do? - Allow workers to opt out of overtime pay protections - Allow workers to sue for invasion of privacy when their employers monitor their private electronic communications - Forbid employers from requiring alcohol and drug testing as a condition of employment - Forbid employers from requiring that workers be members of a union as a condition of employment

Forbid employers from requiring that workers be members of a union as a condition of employment

Under federal bankruptcy law, a ___ is a transfer within two years of the filing of the petition, with the intent to hinder, delay or defraud creditors Usurious lending practice. Fraudulent conveyance. Negligent misrepresentation. Fraud in the inducement.

Fraudulent conveyance

A master will not be liable for the torts committed by a servant if the servant was on a ___ when the tort was committed Lark, Errand, Frolic, Detour

Frolic

The Equal Pay Act prohibits discrimination in pay scales and compensation based on ___ - gender - color - race - national origin

Gender

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Peg is Jim's______________. Independent contractor Broker General agent Special agent

General agent

Ann Agent was hired by Buyer to locate a piece of property suitable for building an office complex. Ann and her cousin jointly owned a piece of property that suited Buyer's needs. Without telling Buyer of her ownership interest, Ann negotiated the purchase on Buyer's behalf. The price for the property was its fair market value. What options are available to Buyer when he learns that Ann was the seller? a. He may rescind the contract because Ann violated her duty of loyalty. b. He must go through with the contract because the price was objectively fair. c. He must go through with the contract because her cousin's participation made this an arm's length deal. d. He must go through with the contract, but does not have to pay Ann her commission.

He may rescind the contract because Ann violated her duty of loyalty

The exemption that allows debtors to exempt a certain portion of the equity in their homes is called the ___ exemption Family purpose Fresh start Homestead Family Protection

Homestead

Which of the following would NOT constitute a disability under the Americans with Disabilities Act? - Homosexuality - Perception by others that one is disabled - A physical impairment that substantially limits one or more life activities - A mental impairment that substantially limits one or more life impairments

Homosexuality

The Fair and Accurate Credit Transaction Act attempts to reduce the impact on individuals who are the target of ___ Unfair lending procedures. Deceptive advertising. Identify theft. Interference with business relations

Identity theft

Implied authority is also known as ___ authority - apparent - ostensible - incidental - constructive

Incidental

Implied authority is also known as ____________ authority.

Incidental

A principal is obligated to pay any judgements against an agent who incurred liability to a third party while carrying out the principal's orders. This duty to hold the agent "harmless" is the duty to ___ - reimburse - indemnify - compensate - account

Indemnify

The duty of the principal is to hold an agent "harmless", and to pay any judgments for which the agent becomes liable while carrying out the principal's orders, is the duty to ___ Mitigate Indemnify Protect Reimburse

Indemnify

The duty of the principal to hold an agent "harmless," and to pay any judgments for which the agent becomes liable while carrying out the principal's orders, is the duty to_______________. Mitigate Indemnify Protect Reimburse

Indemnify

Bill hired Acme Paving to pave his driveway. Acme is Bill's ___ A.Broker, B. Independent contractor, C. Factor, D. Special agent

Independent contractor

Tucker hired SoClean, a house washing service, to power wash his house and deck. SoClean's status of that of a (n) ________________________. A. Factor B. Special agent C. Independent contractor D. Proprietor

Independent contractor

A debtor is presumed to be ___ during the ninety-day period prior to filing the petition Insolvent. Under duress. Incapacitated. Solvent.

Insolvent

When workers protest a management policy by refusing voluntary overtime and arranging for selected workers to call in sick, they are engaging in a ___ - strike - lock out - job action - boycott

Job Action

What is the term used to describe the voting conditions necessary for a binding "representation election" in which the workers in a company vote whether or not to unionize? - Court annexed - Laboratory - Equitable - Democratic

Laboratory

Under the Fair Credit Reporting Act, the reports generated by consumer credit reporting agencies may be furnished to any entity that possesses a ___ for the information Legitimate need Interest concern Minimal curiosity Subpoena

Legitimate need

The process of winding up the affairs of a corporation or firm for the purpose of paying its debts and disposing of its assets is known as ________. a. Foreclosure. b. Garnishment. c. Liquidation. d. Dissolution.

Liquidation

Assume that all the owners of the professional sports teams within a league wanted to pressure the players during contract negotiations to make wage and benefit concessions. Assume also that the owners refused to schedule games for the upcoming season, and denied the players access to playbooks, the coaching staff and the training facilitates. These activities by the owners constitute a ___ Job action Boycott Lock out Strike

Lock out

An employer who prevents employees from coming to work in an effort to accelerate contract negotiations between management and union leadership engages in a ___ - boycott - job action - lockout - strike

Lockout

In an adjustment of debts under Chapter 13, the rights of ___ may not be modified Secured creditors Unsecured creditors Mortgagees Judicial lien holders

Mortgagees

Neda, an attorney, has engaged in the following representations this past year. Which one is least likely to violate her duty of loyalty to her clients? Neda represented both the buyer and the seller in the purchase of a business. Neda represented both spouses in their property settlement following the divorce. Neda represented a local restaurant, which she patronizes frequently, in an employment discrimination suit. Neda created a limited partnership with three limited partners; she was one of the limited partners.

Neda represented a local restaurant, which she patronizes frequently, in an employment discrimination suit.

An employer may be liable for a customer's repeated and public sexual harassment of an employee based on which theory? - Respondeat superior - Strict liability - Negligence - Breach of a fiduciary duty

Negligence

An employer may be liable for harassment by a non-supervisory co-worker based which theory? - Respondeat superior - Strict liability - Negligence - Breach of a fiduciary duty

Negligence

The final vote in which workers decide whether or not to unionize must be conducted without undue influence from either union or management. The term for these voting conditions is ___ conditions - neutral - equitable - aboratory - transparent

Neutral

Raines Realty, a property management firm, hired Al Agent to manage an office complex. One of Al's duties was to collect the rents. Raines fired Al for negligence, but did not notify the tenants before the next rent payment was due. Al collected the rents as usual and left town with the money. Are the tenants required to pay that month's rent again to Raines? Yes, because third parties have a duty to verify that agents are acting within the scope of their authority. Yes, because a payment to Al stopped being a payment to Raines when Al's actual authority to accept payments ended. No, because Al still had implied authority to collect the rents until Raines told the tenants otherwise. No, because Al still had apparent authority to collect the rents until Raines told the tenants otherwise.

No, because Al still had apparent authority to collect the rents until Raines told the tenants otherwise.

Which of the following categories of workers is NOT covered by the National Labor Relations Act? - Employees of the federal government - Employees of state governments - Independent contractors - None of the above are covered by the NLRA

None of the above are covered by the NLRA

In which of the following situations would an employee avoid liability for torts committed while carrying out his employment obligations? - a corporate officer acting on behalf of the corporation - a servant following the instructions of his master - an agent carrying out the orders of his principal - none of the above; everyone has personal liability for the torts he commits

None of the above; everyone has personal liability for the torts he commits

FTC regulations provide that for mail-order sales, if the merchant cannot meet the stated date of shipping, the customer must be ___ a. refunded b. discounted c. notified d. compensated

Notified

An ___ is entered by the bankruptcy judge when he or she finds that the debtor is entitled to the protection of the bankruptcy law Order of default Notice of removal Order of relief Judgment

Order of relief

Apparent authority is also known as _____________ authority. Ostensible Incidental Express Constructive

Ostensible

When a third party knows that an agent is acting on behalf of a principal, but does not know the identity of the principal, the principal is ___ Disclosed Undisclosed Partially disclosed Transparent

Partially disclosed

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Because Peg is not compensated for the activities she is performing on her brother's behalf, she owes him a. Only the duty of loyalty. b. Only the duties of loyalty and information. c. Only the duties of loyalty, information and the duty to account d. Peg owes Jim all the duties of an agent to a principal.

Peg Owes Jim all the duties of an agent to a principal

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Because Peg is not compensated for the activities she is performing on her brother's behalf she owes him ... A. Only the duty of loyalty., B. Only the duties of loyalty and information., C. Only the duties of loyalty, information and the duty to account, D. Peg owes Jim all the duties of an agent to a principal.

Peg owes Jim all the duties of an agent to a principal

A debtor may voluntarily instigate a bankruptcy case by filing a ___ with the bankruptcy court Complaint Claim Declaration Petition

Petition

Under Chapter 11, the debtor may file a ___ in an attempt to extricate the business from its financial difficulties and help it to survive Plan of reorganization. Contingency Plan Notice of default Operating Agreement

Plan of reorganization

Much of federal legislation addressing labeling and packaging addresses products that are ___ a. luxury goods b. potentially dangerous c. illegal d.imported from other countries

Potentially dangerous

A ___ exists where an insolvent debtor pays some creditors a greater percentage of the debts than the creditors in the same class - Priority - Voluntary dissolution - Preference - Malicious prosecution

Preference

In a bankruptcy proceeding, creditors' claims are subject to payment according to the ___ established by the bankruptcy law Discretion Size or amount of the debt Priority Greatest need for payment

Priority

Creditors are required to file ___ if they are to share in the debtor's estate Proof of their claims Financial statement. Articles of Dissolution. Mechanic's lien

Proof of their claims

Beth went to Elegant Cakes to select a cake for her wedding. The owner gave her piece to sample and said: "if you live to be 200, this is the best cake you will ever eat in your whole life." Owner's statement is an example of ___ Puffery An express warranty Deceptive advertising Fraudulent misrepresentation

Puffery

Promotional statements made by a business about a product or service that are not intended to be taken literally are known as ________. a. Guaranties. b. Material misrepresentations. c. Puffery. d. Deceptive advertising.

Puffery

Which of the following statements about minority racial preference plans under Title VII is false? - Racial preference plans are, without exception, forbidden under Title VII. - Racial preferences can be used for a limited period of time. - Racial preferences can be used to open employment opportunities in traditionally segregated jobs. - Racial preference plans must preserve some protections for white employees.

Racial preference plans are, without exception, forbidden under Title VII

When a principal decides to adopt and be bound on a contract that his agent did NOT have the authority to form, the principal ___ the contract - indemnifies - reforms - ratifies - restores

Ratifies

The important federal regulation that requires all creditors to disclose the annual percentage rate (APR) charged so that debtors can compare credit offers is _________________. a. Regulation D b. Regulation Z c. Subchapter S d. Chapter 7

Regulation Z

The legal doctrine that holds the master liable for the torts committed by a servant while acting within the scope of this employment is ___ - quid pro quo - respondeat superior - caveat emptor - alter ego liability

Respondeat Superior

If a claim of quid pro quo harassment is proved, the employer is liable based on which theory? - Negligence - Respondeat superior - The complicity rule - The duty to indemnify

Respondeat superior

When an employer punishes an employee for reporting illegal employment practices to the EEOC, the employer engages in ___ - retribution - retaliation - quid pro quo discrimination - disparate impact discrimination

Retaliation

One purpose of the Consumer Product Safety Act is to establish ___ for consumer products Safety standards. Judicial precedent. Recommendations. New ideas.

Safety standards

A bankruptcy trustee may do all of the following except File tax returns for the state. Recover property of the debtor that had been conveyed in a fraudulent transfer Invest assets of the estate Sell collateral without adequate protection for the secured creditor

Sell collateral without adequate protection for the secured creditor

Any creditor who also owes the debtor money may have the right of ___, which allows the creditor to cancel out these obligations Redemption Execution Levy in distress Setoff

Setoff

A claim for discrimination cannot be brought under Title VII if the discrimination is based on ___ - race - gender - religion - sexual orientation

Sexual orientation

Title VII does not provide protection from workplace discrimination if the discrimination was based on the employee's ___ - gender - sexual orientation - race - color

Sexual orientation

Conan, an outstanding college pitcher, hired Masters to represent him in negotiations with a major league team. Masters may only negotiate a contract for Conan; he has no authority to make investments or purchase property on Conan's behalf. Masters would be classified as a (n) __________. Factor Broker Special agent General agent

Special agent

Conan, an outstanding college pitcher, hired Masters to represent him in negotiations with a major league team. Masters may only negotiate a contract for Conan; he has no authority to make investments or purchase property on Conan's behalf. Masters would be classified as a ___ Factor, Broker, Special agent General agent

Special agent

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Jim will be out of the country when a piece of land he sold goes to settlement. He wants to give Peg the authority to convey the deed and sign any necessary settlement papers in his name. To do this he should give Peg _______________. Special power of attorney General power of attorney Factors letters of appointment Broker Authority

Special power of attorney

Ruth had a contract to sell a vacation home she owned in North Carolina. Rather than make the trip from Oregon for the closing, she gave her brother Ian, who lived in North Carolina, the authority to represent her at the closing and to sign all the necessary papers. The notarized document that confers this authority on Ian is a (n) __________________; and Ian is a (n) _____________. General power of attorney, Attorney in fact Special power of attorney, Attorney at law Special power of attorney, Attorney in fact General power of attorney, Attorney at law

Special power of attorney--------------------Attorney in fact

The clause in OSHA that details the requirements that different kinds of equipment, such as scaffolding, must meet in various occupations is the ___ clause - employee benefit - exculpatory - general duty - specific duty

Specific duty

A joint case is a voluntary bankruptcy case filed by ___ Spouses Partners in a partnership Members of an LLC All of the above

Spouses

The primacy source of law governing the relationship between the principal and the agent is The Uniform Commercial Code Federal statutes Federal common law State common law case law

State common law case law

Ted was hired under a one year contract to manage Sue's sub shop. Eight months into the contract, Sue fired Ted in order to hire a new manager who had just graduated with a degree in marketing and had a lot of ideas for increasing sales. Ted had not breached the contract in any way. Which statement best describes Sue's rights in these circumstances? A. Sue had both the right and the power to terminate Ted's contract., B. Sue had neither the right nor the power to terminate Ted's contract., C. Sue had the power, but not the right, to terminate Ted's contract., D. Sue had the right, but not the power, to terminate Ted's contract.

Sue had the power, but not the right to terminate Ted's contract

Which agency has broad powers to conduct research on the safety of consumer products, set safety standards for products, and recall products that are unsafe? A. The National Transportation and Safety Commission B. The Federal Trade Commission C. The Interstate Commerce Commission D. The Consumer Product Safety Commission

The Consumer Product Safety Commission

Which federal statute sets standards for employee pension and benefits plans? - The Fair Labor Standards Act - The Employee Retirement Income Security Act - The National Labor Relations Act - The Landrum-Griffin Act

The Employee Retirement Income Security Act

What is the federal agency that investigates and enforces anti-discrimination portions of Title VII? - The Equal Employment Opportunities Commission - The National Labor Relations Board - The Special Employment Commission - The Federal Antidiscrimination Administration

The Equal Employment Opportunities Commission

Which federal statute regulates minimum wages, overtime, and the employment of minors?

The Fair Labor Standards Act

Which federal statute requires that employers provide safe working conditions for their employees? - The Landrum-Griffin Act - The Taft-Hartley Act - The Corporate Insurance Compensation Act - The Occupational Safety and Health Act

The Occupational Safety and Health Act

What is the federal statute that makes it illegal for unions to organize secondary boycotts, promote featherbedding, and refuse to bargain with employers? - The Consolidated Omnibus Budget Reconciliation Act - The Taft Hartley Act - The Fair Labor Standards Act - The Occupational Safety and Health Act

The Taft Hartley Act

Sue hired Harry to sell her prized racing filly, YouGoGirl. Harry's commission was to be 20% of the selling price. Before a buyer could be found, YouGoGirl died of an equine virus. What is the status of the agency agreement between Sue and Harry? a. The agency terminates by operation of law. b. The agency continues unless the principal, Sue, takes a unilateral action to end it. c. The agency continues unless the agent, Harry, takes a unilateral action to end it. d. The agency continues unless is it terminated by the mutual agreement of Sue and Harry.

The agency terminates by operation of law

What is the status of an agency agreement when a principal files for Chapter 7 Bankruptcy - the agency terminates by operation of law when the court grants the order of relief - the agency terminates by operation of law thirty days after the trustee takes over the debtor's assets - the agency terminates by operation of law sixty days after the trustee takes over the debtor's assets - the agency terminates by operation of law ninety days after the trustee takes over the debtor's assets

The agency terminates by operation of law when the court grands the order for relief

Pat hired Mike, a dealer in livestock, to sell his herd of cattle. Mike was to receive 20 percent commission on the sale. Before a buyer could be found, the herd had been destroyed because of an outbreak of mad cow disease. Which statement best describes the status of the agency agreement? - the agency will continue under the same terms when Pat acquires a new herd - the agency was terminated by operation of law - the agency was terminated by a unilateral action - the agency was terminated by mutual agreement

The agency was terminated by operation of law

Pat hired Mike, a dealer in livestock, to sell his herd of cattle. Mike was to receive a 20 commission on the sale. Before a buyer could be found, the herd had to be destroyed because of an outbreak of mad cow disease. Which statement best describes the status of the agency agreement? The agency will continue under the same terms when Pat acquires a new herd. The agency was terminated by operation of law The agency was terminated by a unilateral action The agency was terminated by mutual agreement

The agency was terminated by operation of law

Which of the following statements about a discharge under Chapter 7 is false? The discharge is available to corporations and partnerships. The discharge covers all the scheduled debts that arose before the order of relief. The discharge operates as an injunction against creditors trying to collect on a debt. The discharge requires that most of the debtor's assets be used to pay the debts.

The discharge is available to corporations and partnerships

Sam is retiring and selling his business to Ed, an employee. They want Larry Lawyer to draw up a sales contract that protects both Sam's interests as the seller and Ed's interests as the buyer. If Larry agrees to this dual agency, which agency duty would he most risk violating? The duty of loyalty The duty not to be negligent The duty to account Dual agencies pose no particular problems in carrying out agency duties.

The duty of loyalty

Sam is retiring and selling his business to Ed, an employee. They want Larry Lawyer to draw up a sales contract that protects both Sam's interests as the seller and Ed's interests as the buyer. If Larry agrees to this dual agency, which duty would be most risk violating? - the duty of loyalty - the duty not to be negligent - the duty to account - dual agencies pose no particular problems in carrying out agency duties

The duty of loyalty

Which of the following statements about an agent's duty to inform is false? - the duty to inform does not apply to gratuitous agents, only to compensated agents - the principal is assumed to know everything that the agent knows and can be held liable legally for this information - the agent must inform the principal if a credit customer is having financial difficulties - the agent must inform the principal about changes in market conditions

The duty to inform does not apply to gratuitous agents, only to compensated agents

The major distinction between a servant and an independent contractor is that

The employer has the right to tell a servant how to do the job, while an independent contractor has exclusive control over the manner in which the job is done.

Which of the following is not a requirement for advertising to be deceptive? a. It must contain a material misrepresentation or omission b. The misrepresentation or omission must be made with the intent to defraud c. The misrepresentation or omission is likely to mislead a customer. d. The misrepresentation or omission would mislead a reasonable customer.

The misrepresentation or omission must be made with the intent to defraud

Which of the following statements about unemployment compensation insurance is true? - The program is funded and administered by the individual states. - The program is a provision of the Family and Medical Leave Act. - The program is a provision of the National Labor Practices Act. - The program is a provision of the Occupational Safety and Health Act.

The program is funded and administered by the individual states

Which of the following is NOT a right guaranteed to workers by the National Labor Relations Act of 1935? - The right to organize into unions - The right to collective bargaining - The right to strike - The right to lock out management

The right to lock out management

Creditors may not force a debtor into an involuntary Chapter 13 bankruptcy because it would violate the debtor's ___ Amendment right against involuntary servitude First Fifth Thirteenth Twenty-second

Thirteenth

A person who breaches a duty that is neither a contractual duty nor a crime commits a ___

Tort

A person who breaches a duty that is neither a contractual duty nor a crime commits a ____________ Tort Misdemeanor Malum in se Malum prohibitum

Tort

A bona fide occupational qualification cannot be used as a defense in claims of discrimination based on race or color

True

A consumer who does not complete the required consumer credit counseling course will not be given a discharge under Chapter 13

True

A join bankruptcy filing concerning a husband and wife requires a filing of only one petition.

True

A master can normally avoid liability for damages caused by a servant if he can show that the servant misunderstood his instructions

True

A minor may act as an agent for an adult principal

True

A person who enters into a contract with an independent contractor is called a proprietor

True

A plaintiff who sues the employer and the employee in joint and several liability is limited to only one recovery

True

A principal has the duty to notify third parties when an agency terminates

True

A principal may ratify a contract by accepting the benefits of the contract

True

A principal whose identity is known to a third party is a disclosed principal

True

A proprietor will be liable for the torts of an independent contractor if the duties that the contractor is hired to perform are inherently dangerous to the public

True

A third party must use reasonable care and diligence to maker sure that an agent is acting within the scope of his or her employment

True

A transfer of property may be fraudulent under either federal or state law

True

A trustee may not assume an executory contract in a bankruptcy preceding that requires the other party to make a loan, deliver equipment or issue a security to the debtor.

True

A trustee may not assume an executory contract in bankruptcy preceding that requires the other party to make a loan, deliver equipment or issue a security to the debtor

True

Agents are personally liable to third parties on contracts when the principal was undisclosed

True

Agents of undisclosed principals are entitled to be indemnified if held personally liable on contracts that were within the scope of their authority

True

All bankruptcy trustees must post a bond in favor of the United States.

True

An agency will terminate by operation of law if the principal files for Chapter 7 Bankruptcy

True

An agent is a fiduciary of the principal.

True

An agent is a fiduciary of the principle

True

An agent who comingles the principal's funds with his or her own violates the duty to account

True

An agent who is wrongfully terminated may sue the principal for damages

True

An agent who represents both the buyer and the seller in the purchase of a business is acting as a dual agent

True

An agent will not be indemnified for injuries caused to third parties if the agent's negligence caused the injury

True

An agent's knowledge is imputed to the principal

True

An employee cannot be terminated under an employment at will contract for refusing to commit an illegal act

True

An employee must first file a complaint with the EEOC and get a "right to sue" letter before pursuing a private right of action against his employer for Title VII violations

True

An employer is liable when quid pro quo sexual harassment results in the termination or demotion of an employee

True

An employer who fires an at will employee in a public and humiliating manner may be liable to the employee for intentional infliction of emotional distress

True

Both physical and mental impairments are included under the Americans with Disabilities Act's definition of a disability

True

Congress has enacted legislation aimed at the protection of current and prospective debtors

True

Congress has enacted legislation designed to prevent debt collectors from acting in an unconscionable fashion when attempting to collect a debt.

True

Consumers have the right to dispute information that is contained in their credit reports

True

Creditors must receive as much in a Chapter 11 reorganization plan as they would receive in a Chapter 7 liquidation

True

Creditors who petition a debtor into bankruptcy may be required to post a bond

True

Employers have a duty under Title VII to reasonably accommodate the religious practices of their employees

True

Employers who violate OSHA regulations are subject to fines and, if the violations are willful, imprisonment

True

Exempt bankruptcy is subject to being used even after bankruptcy to pay debts for child support and alimony

True

Exempt property is subject to being used even after bankruptcy to pay debts for child support and alimony.

True

Featherbedding is an illegal activity in which unions force employers to hire more employees than necessary

True

Following a complaint to the EEOC, Morgan was denied a promotion for which he was qualified. The denial is an example of retaliation that is prohibited by Title VII

True

If a principal ratifies the unauthorized act of an agent, he releases the agent from any liability for the unauthorized act

True

If a principal wishes to ratify a contract that an agent was not authorized to negotiate, he must do so before the third party withdraws from the contract

True

If an agent gets a monthly advance against future commissions, the advances are treated as a minimum salary and need not be returned if the commissions on sales are not earned

True

If the agent dies, the agency agreement terminates by operation of law

True

If the principal dies, the agency agreement terminates by operation of law

True

In Chapter 7 bankruptcy cases, certain debts of the debtor will not be discharged

True

In a Chapter 13 proceeding, the rights of a bank which holds a home mortgage may not be modified

True

In a multiple listing agreement, real estate is listed with several brokers who divide the commission on the sale

True

It is illegal to retaliate against an employee for filing a complaint with the EEOC

True

It is only within the last eighty years or so that the federal gov't and the states have enacted laws protecting employment rights and workplace safely

True

Masters and servants have only joint liability for torts committed by the servant in the course of his employment.

True

Most states allow employers to require job applicants and employees to undergo alcohol and drug tests

True

Normally a master is not liable for torts committed by a servant while traveling from his home to the workplace

True

One typical example of a closed-end credit transaction is where a purchaser obtains a loan of money from a bank to purchase a car

True

Property held in trust for the benefit of the debtor under a spendthrift trust does not become a part of the bankruptcy estate

True

Property inherited by the debtor within 180 days of the bankruptcy petition date becomes property of the bankruptcy estate T/F

True

Respondeat superior is a firm of vicarious liability.

True

Respondeat superior is a form of vicarious liability

True

States decide whether or not debtor residents may use the federal bankruptcy exemptions

True

The Americans With Disabilities Act applies only to employers who have 15 or more employees

True

The Americans with Disabilities Act prevents employers from requiring that job applicants or employees undergo medical tests as a condition of employment

True

The CFPB has sole jurisdiction to write new regulations on the consumer financial protection laws written by Congress

True

The FTC is given wide discretion by the courts in determining when advertising is deceptive

True

The FTC regulates deceptive advertising on Web pages as well as on television and in the print media.

True

The Occupational Safety and Health Act imposes on employers both a general duty to provide a safe work place and specific duties that are tailored to the employers' particular industries

True

The Truth in Lending Act applies only to consumer credit transactions and consumer leasing

True

The automatic stay is designed to protect the debtor and the creditor in a bankruptcy proceeding

True

The basic purpose of bankruptcy is to allow a debtor in a difficult financial situation a fresh financial start

True

The basis purpose of bankruptcy is to allow a debtor in a difficult financial situation a fresh financial start

True

The bona fide occupational qualification defense may be used in claims arising under the Age Discrimination Employment Act

True

The courts allow sexual harassment claims for both same sex and opposite sex harassment

True

The general manager of a business will have the implied actual authority to perform duties that are not expressly authorized in the employment agreement

True

The good cause exception to employment at will is based on the conduct of the parties, especially on the conduct of the employer, during the years of employment

True

The principal is a fiduciary of the agent

True

The secret formula for a soft drink is an example of a trade secret

True

Title VII makes it illegal for an employer to sexually harass an employee in the workplace

True

Title VII protections against discrimination in employment do NOT apply to independent contractors

True

To be protected by the public policy exception to employment at will, the public policy that the employee acts to advance must usually be tied to a constitutional, statutory, or administrative law

True

To collect state unemployment insurance, a worker must be actively seeking a replacement job that is appropriate for someone with his skills, education and work history

True

To collect workers compensation an employee's injury must have occurred in the workplace or in a work-related situation

True

To ratify a contract, the principal must have been disclosed at the time the contract was formed

True

Under Chapter 11, a debtor's plan of reorganization must provide a means for its execution

True

Under the Equal Credit Opportunity Act, creditors are forbidden from making statements to applicants that would discourage them from applying for credit

True

Under the Fair Credit and Reporting Act, most information is considered obsolete after 7 years and must be purged from the files of credit reporting agencies

True

Under the Fair Labor Standards Act, covered workers are entitled to one and a half times their hourly wages for overtime

True

Under the Fair and Accurate Credit Transaction Act, victims of identity theft may file a fraud alter with consumer credit reporting companies, which would appear on their credit report

True

Under the Pregnancy Discrimination Act, pregnancies must be treated by the employer like any other medical condition that may affect an employee's status

True

Under the family-car doctrine, any family member becomes an agent of the parent-owner while the family member is using the car

True

When a principal files for Chapter 7 bankruptcy, all agency appointments end when the court grants an order of relief.

True

When workers strike for higher wages, management may hire replacement workers and refuse to rehire the striking workers when the strike is over

True

In a bankruptcy proceeding, the ___ is the person responsible for managing the debtor's assets and for satisfying the creditor's claims to the extent possible Debtor Creditor Interested party Trustee

Trustee

The ___ imposes duties on creditors who wish to extend credit, primarily in the area of making disclosures to potential debtors a. Sherman Act. b. Truth in Lending Act. c. Clayton Act. d. Fair Trade Act.

Truth in Lending Act

The ________ imposes duties on creditors who wish to extend credit, primarily in the area of making disclosures to potential debtors. a. Sherman Act. b. Truth in Lending Act. c. Clayton Act. d. Fair Trade Act.

Truth in Lending Act.

If a third party does not know that he is dealing with an agent and believes that the agent is acting on his own behalf and will perform on the contract, the principal in this situation is ___ - disclosed - undisclosed - partially disclosed - transparent

Undisclosed

The general legal doctrine that holds one person responsible for the torts committed by another because of the relationship they have to each other is ___ - respondeat superior - vicarious liability - primary liability - transferred liability

Vicarious liability

The general legal principal under which an innocent person can be held liable for the wrongdoing of another is ... - respondeat superior - vicarious liability - primary liability - transferred liability

Vicarious liability

Which legal principal always imposes punitive damages on a master if the wrongful conduct of the servant justifies punitive damages? Vicarious liability rule Complicity rule Transferred liability rule Durham rule

Vicarious liability rule

Which legal principle always imposes punitive damages on a master if the wrongful conduct of the servant in the course of business justifies punitive damages? - vicarious liability rule - complicity rule - transferred liability rule - durham rule

Vicarious liability rule

Which of the following is NOT a factor in determining whether a servant was acting within the scope of his employment? - was the servant carrying on the master's business when the tort was committed? - was the servant disobeying the instructions of the master when the tort was committed? - was the instrumentality of the injury furnished by the master? - did the master authorize the servant to use the instrumentality of the injury?

Was the servant disobeying the instructions of the master when the tort was committed?

Which of the following is not a factor in determining if a servant was acting within the scope of his employment? a. Was the servant carrying on the master's business when the tort was committed? b. Was the servant disobeying the instructions of the master when the tort was committed? c. Was the instrumentality of the injury furnished by the master? d. Did the master authorize the servant to use the instrumentality of the injury?

Was the servant disobeying the instructions of the master when the tort was committed?

When will a principle not have a duty to reimburse an agent? - when the principal is disclosed - when the principal is undisclosed - when the expenses were the result of the agent's negligence - when the expenses are for food or travel

When the expenses were the result of the agent's negligence

The last semester of his senior year, Marc had an unpaid internship in the sales department of a local TV station. When Marc left, he took a copy of the station's client list with him, reasoning that it would prove useful in the future when he graduated and got a permanent job at some other company in sales. Has Marc violated any agency duties? A. No, it was an unpaid position so he had no agency duties., B. No, Marc's duties to the TV station ended when his agency relationship ended., C. Yes, Marc violated a duty to protect confidential information, D. Yes, Marc violated a duty not to be negligent

Yes, Marc violated a duty to protect confidential information

Parker is a dealer in Oriental antiques and rugs. A sign in his store recommends that customers bring in their rugs to him for cleaning and repair. In fact, Parker does none of the cleaning or repair work for himself. He sends the rugs to Local Cleaners, for whom he works as an agent making a 20 commission. Due to a mishap at Local's plant, the rug belonging to Parker's customer was damaged. Is Parker liable to the customer for the damage? No, Parker is Local's agent and has no fiduciary duties to third parties. No, Parker has no liability because he was acting within the scope of this authority as Local's agent. No, Parker has no liability because agents are not responsible for the torts of the principal. Yes, Parker is liable because he is the agent of an undisclosed principal.

Yes, Parker is liable because he is the agent of an undisclosed principal

Rita knew that one of her customers regularly subjected an employee to lewd public sexual advances. The employee complained of this to Rita who took no action because the customer placed many large orders with her store. Does Rita have any liability for her customer's behavior? - No, Rita has no control over a customer's conduct and therefore no liability for that conduct. - No, it would put an undue burden on Rita's business to alienate an important customer. - Yes, Rita is liable under respondeat superior. - Yes, Rita is liable in negligence.

Yes, Rita is liable in negligence

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Jim received several dividend checks from his stock broker while he was gone. Peg deposited the checks in her own bank account because her funds were low. Several weeks later she made out a personal check for the amount of the dividends and deposited it into Jim's account. Has Peg breached any agency duties? a. No, this is a gratuitous agency and her only duty is the duty of loyalty. b. No, her action made no difference because Jim ended up with the amount due him. c. No, there was no intent to convert Jim's money. d. Yes, she breached her duty to account.

Yes, she breached her duty to account

Tim is the delivery person for a small local bakery. Tim often accepts payments from the bakery's customers when making his deliveries. Tim puts the payments that made by check in an envelope. He uses the cash payments to pay for his daily personal expenses. At the end of each week, he makes out a check to the bakery for the amount that he took in as cash payments. Has Tim breached any of his fiduciary duties as an agent? A. Yes, the duty not to be negligent B. Yes, the duty to account C. Yes, the duty of loyalty D. No, so long as he keeps careful accounts and gives the bakery all that it is due.

Yes, the duty to account

An agent is not entitled to indemnification when His own negligence caused the damage for which he is being held responsible He was acting outside the scope of his authority He committed a tort while following the instructions of the principal Both a and b

both A and B

In a ______ credit transaction, the amount of the loan is set. Revolving. Open-end. Closed-end. Credit card.

closed-end

In a bankruptcy proceeding, the ________ is the individual, business organization, municipality or farmer that the bankruptcy proceeding involves. Debtor. Creditor. Interested party. Trustee.

debtor

All businesses have a right to liquidation proceedings.

false

At a meeting of creditors, the debtor may refuse to answer any questions about property that may have been removed from the list of assts.

false

Debt collectors may make harmless misleading statements, such as "I am a lawyer", but may not threaten the debtor.

false

Information about a consumer's bankruptcy may remain in the files of a credit reporting agency for up to 15 years.

false

The Fair Debt Collection Practices Act applies both to third party collectors (like collection agencies) and to the original creditor.

false

The standard of "reasonable accommodations" for disabilities are the same standards as "reasonable accommodations" for religious practices

false

Under certain circumstances, a consumer may be incarcerated for nonpayment of a debt.

false

The federal agency this is charged with stopping unfair or deceptive advertising is the Federal Trade Commission Interstate Commerce Commission Consumer Products Safety Commission Robinson-Patman Commission

federal trade commission

A supervisor offering an employee a promotion or extra vacation time in exchange for sexual favors is an example of ___ harassment - quid pro quo - hostile workplace - constructive - disparate treatment

quid pro quo

Accurate information on labels and packaging is important because consumers rely on this information when comparing products and making purchasing decisions.

true

No federal law addresses workplace bullying as a form of discrimination

true

Once bankruptcy proceedings are commenced, creditors are prohibited from attempting to collect their debts.

true

The Poison Product Packaging Act of 1970 requires that certain products have child proof caps and packaging.

true

Under the Fair Debt Collection Practices Act, debt collectors are prohibited threatening to arrest a debtor for failure to pay a debt.

true

Only someone in a supervisory capacity can be liable for quid pro quo sexual harassment

tue

Parker is a dealer in Oriental antiques and rugs. A sign in his store recommends that customers bring in their rugs to him for cleaning and repair. In fact, Parker does none of the cleaning or repair work himself. He sends the rugs to Local Cleaners, for whom he works as an agent making a 20 commission. Due to a mishap at Local's plant, the rug belonging to Parker's customer was damaged. Is Parker liable to the customer for the damage? No, Parker is Local's agent and has no fiduciary duties to third parties. No, Parker has no liability because he was acting within the scope of this authority as Local's agent. No, Parker has no liability because agents are not responsible for the torts of the principal. Yes, Parker is liable because he is the agent of an undisclosed principal.

yes, Parker is liable because he is the agent of an undisclosed principal