BUL 3310 Exam 3
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
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
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
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?
30
An employee must be at least ___ years of age to be protected from discrimination under the Age Discrimination in Employment Act
40
The Age Discrimination in Employment Act protects employees who are at least ___ years of age from employment discrimination
40
Only employers who have ___ or more employees are subject to the Family and Medical Leave Act
50
Under Regulation Z, when a credit card is lost or stolen, the credit card holders liability for unauthorized charges is limited to ___
50
A consumer who finds an error in a credit card statement has ___ days from the time of discovery to notify the bank
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
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
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
90
Which of the following activities is permitted by the Taft-Hartley Act?
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 that has twelve employees
If an agency agreement does not state how much an agent is to be paid, what happens?
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?
A disclosed principal
The Principal and Agent have ___ relationship with each other
A fiduciary
When a servant completely abandons the master's work to pursue his own interests, the servant is on ___
A frolic
Which of the following is NOT an example of a trade secret
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
Under the BAPCPA, Congress instituted a mechanism to reduce the ___ of Chapter 7 bankruptcy filings
Abuse
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
Actual implied
Which of the following unsecured creditors has first priority when the assets are distributed in a Chapter 7 bankruptcy?
Alimony, child support and other domestic support claims
Which of the following statements about unemployment compensation is true?
All of the above - An employee must have worked for a minimum amount of time to qualify - Employees who quit without good cause are ineligible - Employees who were fired for cause are ineligible for benefits
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?
All of the above - Duty of loyalty - Duty to inform - Duty to obey instructions
To be eligible for Chapter 13, an individual must ...
All of the above - Have a regular income - Have unsecured debts of $336,900 or less - Complete the mandatory consumer creditor counseling class
How could a private employer institute a voluntary minority racial preference plan without violating Title VII?
All of the above - 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
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?
All of the above - 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
What must a worker do to be eligible for unemployment compensation?
All of the above - She must have been unemployed 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
An agent incurs personal liability on a contract with a third party when ...
All of the above would impose personal liability on the agent - 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
Which of the following would NOT terminate an agency by operation of law?
All of the above would 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
Exceptions to the employment at will doctrine have been created by which of the following?
All of the above: - State statutes - Federal statues - State courts
An employer whose termination of an at-will employee violates a public policy is liable to the employee for which of the following?
All of the above: - Unpaid back pay and benefits - Punitive damages - Damages for pain and suffering
When does an agent incur personal liability on a contract with a third party?
All of the above: - 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
Which of the following workers is covered by the Fair Labor Standards Act's wage and hour requirements?
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
Which of the following is eligible to file for bankruptcy under Chapter 7?
An individual
Which of the following statements about workers compensation programs is false?
An injured worker may collect workers compensation and may sue his or her employer for negligence
A person who is given power of attorney is called an ___
Attorney in fact
The ___ consists of all legal or equitable interests of the debtor in property
Bankruptcy estate
The Fair Packaging and Labeling Act mandates that ___ be included in the labeling and packaging of most products
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 20 employees
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?
Both A and B - Gender - National origin
When is the only time that employers are subject to the Age Discrimination in Employment Act?
Both A and B - If they engage in interstate commerce - If they have at least twenty employees
Employers who dismiss an employee in a public and demeaning way may be liable the employee in tort for which of the following?
Both A and B - Invasion of privacy - Intentional infliction of emotional distress
Bona fide occupational qualification cannot be raised as a defense in cases of employment discrimination based on which of the following?
Both A and B - Race - Color
An agent's actual authority may be ___
Both A and B: - Express - Implied
Under the National Labor Relations Act, businesses may NOT do which of the following?
Both A and B: - Prevent workers from forming a union - Discriminate against workers for joining a union
To collect workers compensation, what must an employee do?
Both A and B: - Suffer an injury that arose out of his employment - Be included in the category of workers entitled to workers compensation
An agent has a duty to obey the principal's instructions unless which of the following is true?
Both A and B: - The instructions require the agent to perform duties that are not in the agency agreement - The instructions are to perform an illegal act
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?
Both A and B: - The practice is a pretext for discrimination - There is another, non-discriminatory employment practice that fills the same function
Which of the following industries are subject to particular FTC scrutiny?
Both A and C - Funeral homes - Home insulation providers
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?
Both B and C are true - Carla is personally liable on the contracts, but Newco must indemnify her because she was acting within the scope of her authority - Newco is liable to the sellers on these contracts because Carla was acting within the scope of her employment
When would an employer not be liable for sexual harassment of an employee by a supervisor?
Both B and C: - 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
An employee who commits a tort while acting in the scope of his or her employment ...
Both B and C: - Is entitled to be indemnified by the principal if the tort was committed by following the principal's instructions - Has joint and several liability with the principal to the injured party
A creditor's right to payment in a bankruptcy case is a ___
Claim
What is the source of the employment at will doctrine?
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?
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?
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 ___
Constructive discharge
The Fair Credit Billing Act provides a mechanism for consumers to remedy errors received on ___
Credit Card Bills
The Fair Debt Collection Practices Act was enacted by Congress to control the behavior of ___
Debt Collectors
In a bankruptcy proceeding, the ___ is the individual, business organization, municipality or farmer that the bankruptcy proceeding involves
Debtor
The purpose of the Telemarketing and Consumer Fraud and Abuse Prevention Act is to prohibit ___ telemarketing practices
Deceptive
A material misrepresentation or omission likely to mislead a potential customer and would mislead a reasonable consumer is ___
Deceptive Advertising
Which of the following is NOT a part of plaintiff's prima facie case for showing disparate treatment?
Defendant has eliminated the position
A ___ is an order by the bankruptcy judge that a debtor is relieved of paying specific debts
Discharge
A principal whose identity is known to a third party is a ___ principal
Disclosed
The only principal who can ratify a contract is a ___ principal
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 impact
The type of employment discrimination that requires a plaintiff to show that the discrimination is intentional is ___ discrimination
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
Do Not Call
Which of the following statements about the Employee Retirement Income Security Act (ERISA) is true?
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?
Either A or B with defeat the defense - The employment practice is a pretext for discrimination - Another, non-discriminatory, practice exists that achieves the same business result
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?
Either A or C - Pam was denied the promotion for legitimate non-discriminatory reasons - The denial of the promotion was based on mixed motives
The ___ regulates the process banks use to transfer consumer funds through electronic means
Electronic Funds Transfer Act
What does the Family and Medical Leave Act require?
Employees are entitled to twelve weeks of medical leave during a twelve month period
Why do workers compensation laws benefit employers?
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?
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?
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
What is the agency, created by Congress, to administer the provisions of Title VII that deals with discrimination in the workplace?
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?
Equal Pay Act
Doctors, lawyers, executives, and others who are not covered by laws regulating overtime pay are classified as ___ employees
Exempt
Whether or not a principal has, through his actions, ratified a contract is a question of ___ usually decided by a ___
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 ; 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 ___
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 ___
Fair Credit Billing Act
An Act of Congress that controls the gathering, preservation and reporting of credit-related information is the ___
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 ___
Fair and equitable
A bankruptcy trustee does not have the power to invest the assets of the bankruptcy estate T/F
False
A consumer's liability for an unauthorized electronic transfer of funds is limited to $150 T/F
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 T/F
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 T/F
False
A multiple listing agreement lists real property with several brokers, but only the selling broker earns a commission on the sale T/F
False
A principal always has the right to terminate an agency T/F
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 T/F
False
A store manager is an example of a special agent T/F
False
Agency agreements must always be in writing T/F
False
All debtors who are eligible to file under Chapter 7 will receive a discharge T/F
False
An agent operating under a written power of attorney is called an attorney-at-law T/F
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 T/F
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 T/F
False
An employer may be liable under respondeat superior if a customer repeatedly and publicly sexually harasses an employee T/F
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 T/F
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 T/F
False
Debt collection agencies may publish in newspapers and on a special Web site "bad debt" lists with consumers' names and addresses T/F
False
Debtor's intangible property will not become part of the bankruptcy estate T/F
False
ERISA requires that all employers provide both health insurance and pension plans to their employees T/F
False
ERISA requires that all employers with more than fifteen employees provide health insurance for the employees T/F
False
Employees who are covered by the Fair Labor Standards Act must receive double their hourly salary for each hour of overtime they work T/F
False
Employees who are not covered by the Fair Labor Standards Act are "classified employees" T/F
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 T/F
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 T/F
False
In a typical Chapter 13 bankruptcy, one half of the debtors take home pay is allocated to repay debts T/F
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 T/F
False
Legal actions to collect back child support and alimony are among those subject to the automatic stay T/F
False
Legally speaking, there is no significant distinction between puffery and deceptive advertising T/F
False
Masters and servants ONLY have joint liability for torts committed by the servant in the strict course of his employment T/F
False
Officers of corporations have unlimited actual authority to sell the real property and intangible assets of the corporation T/F
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 T/F
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 T/F
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 T/F
False
The Electronic Funds Transfer Act established a national fraud alert system to help consumers whose identities had been stolen T/F
False
The Equal Pay Act is the source of the federal requirement that an employer reasonably accommodate the religious practices of its employees T/F
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 T/F
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" T/F
False
The bankruptcy judge is the person who handles the assets and obligations of the debtor during the bankruptcy proceeding T/F
False
The debts of partnerships, limited liability companies, and corporations that go through liquidation proceedings are usually discharged T/F
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 T/F
False
The standard of "reasonable accommodations" for disabilities are the same standards as "reasonable accommodations" for religious practices T/F
False
Title VII caps the amount of damages a plaintiff may collect from a defendant with 100 or fewer employees at $10,000 T/F
False
Title VII does not apply to sole proprietorships, regardless of the number of people a business employs T/F
False
Title VII prohibitions against gender-based discrimination include adverse employment actions based on sexual orientation T/F
False
Title VII protections against self discrimination based on gender apply only to female employees and not to male employees T/F
False
To establish a claim for deceptive advertising, it must be proven that actual customers were mislead into purchasing the product T/F
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 T/F
False
To prove disparate impact discrimination, a plaintiff must show that the practices complained were "designed and intended" to disadvantage him or her T/F
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 T/F
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 T/F
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 T/F
False
Under the Equal Credit Opportunity Act, a creditor is permitted to ask whether an applicant is married when considering the applicants creditworthiness T/F
False
Under the National Labor Relations Act employers must re-hire workers who went on strike for higher wages or increased benefits T/F
False
Undisclosed principal's have no liability to third parties for contracts negotiated by their agents T/F
False
Undisclosed principals have no liability to third parties for contracts negotiated by their agents T/F
False
Union shops are illegal under the Taft-Hartley Act T/F
False
What constitutes a hostile work environment is a matter of law and does not vary from workplace to workplace T/F
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, and never a jury at trial T/F
False
Workers Compensation Insurance is a comprehensive program that covers all job related injuries, including those that were intentionally inflicted T/F
False
In some states, a parent-owner is liable for any damages caused by a family member operating the vehicle. This is the ___ doctrine
Family car
What are state "right to work" laws designed to do?
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
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
Frolic
The Equal Pay Act prohibits discrimination in pay scales and compensation based on ___
Gender
The exemption that allows debtors to exempt a certain portion of the equity in their homes is called the ___ exemption
Homestead
Which of the following would NOT constitute a disability under the Americans with Disabilities Act?
Homosexuality
The Fair and Accurate Credit Transaction Act attempts to reduce the impact on individuals who are the target of ___
Identity theft
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 ___
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 ___
Indemnify
Bill hired Acme Paving to pave his driveway. Acme is Bill's ___
Independent contractor
A debtor is presumed to be ___ during the ninety-day period prior to filing the petition
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 ___
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?
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
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 ___
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 ___
Lockout
In an adjustment of debts under Chapter 13, the rights of ___ may not be modified
Mortgagees
An employer may be liable for a customer's repeated and public sexual harassment of an employee based on which theory?
Negligence
An employer may be liable for harassment by a non-supervisory co-worker based which theory?
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
Which of the following categories of workers is NOT covered by the National Labor Relations Act?
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?
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 ___
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 relief
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 ___
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 ...
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
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
Much of federal legislation addressing labeling and packaging addresses products that are ___
Potentially dangerous
A ___ exists where an insolvent debtor pays some creditors a greater percentage of the debts than the creditors in the same class
Preference
In a bankruptcy proceeding, creditors' claims are subject to payment according to the ___ established by the bankruptcy law
Priority
Creditors are required to file ___ if they are to share in the debtor's estate
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
A supervisor offering an employee a promotion or extra vacation time in exchange for sexual favors is an example of ___ harassment
Quid pro quo
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
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
Ratifies
The legal doctrine that holds the master liable for the torts committed by a servant while acting within the scope of this employment is ___
Respondeat Superior
If a claim of quid pro quo harassment is proved, the employer is liable based on which theory?
Respondeat superior
When an employer punishes an employee for reporting illegal employment practices to the EEOC, the employer engages in ___
Retaliation
One purpose of the Consumer Product Safety Act is to establish ___ for consumer products
Safety standards
Any creditor who also owes the debtor money may have the right of ___, which allows the creditor to cancel out these obligations
Setoff
A claim for discrimination cannot be brought under Title VII if the discrimination is based on ___
Sexual orientation
Title VII does not provide protection from workplace discrimination if the discrimination was based on the employee's ___
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 ___
Special agent
The clause in OSHA that details the requirements that different kinds of equipment, such as scaffolding, must meet in various occupations is the ___ clause
Specific duty
A joint case is a voluntary bankruptcy case filed by ___
Spouses
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?
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?
The Consumer Product Safety Commission
Which federal statute sets standards for employee pension and benefits plans?
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
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 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 Taft Hartley Act
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 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 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
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
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
Which of the following statements about unemployment compensation insurance is true?
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 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
Thirteenth
A person who breaches a duty that is neither a contractual duty nor a crime commits a ___
Tort
A bona fide occupational qualification cannot be used as a defense in claims of discrimination based on race or color T/F
True
A consumer who does not complete the required consumer credit counseling course will not be given a discharge under Chapter 13 T/F
True
A master can normally avoid liability for damages caused by a servant if he can show that the servant misunderstood his instructions T/F
True
A minor may act as an agent for an adult principal T/F
True
A person who enters into a contract with an independent contractor is called a proprietor T/F
True
A principal has the duty to notify third parties when an agency terminates T/F
True
A principal may ratify a contract by accepting the benefits of the contract T/F
True
A principal whose identity is known to a third party is a disclosed principal T/F
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 T/F
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 T/F
True
A transfer of property may be fraudulent under either federal or state law T/F
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 T/F
True
Agents are personally liable to third parties on contracts when the principal was undisclosed T/F
True
Agents of undisclosed principals are entitled to be indemnified if held personally liable on contracts that were within the scope of their authority T/F
True
An agency will terminate by operation of law if the principal files for Chapter 7 Bankruptcy T/F
True
An agent is a fiduciary of the principle T/F
True
An agent who comingles the principal's funds with his or her own violates the duty to account T/F
True
An agent who is wrongfully terminated may sue the principal for damages T/F
True
An agent who represents both the buyer and the seller in the purchase of a business is acting as a dual agent T/F
True
An agent will not be indemnified for injuries caused to third parties if the agent's negligence caused the injury T/F
True
An agent's knowledge is imputed to the principal T/F
True
An employee cannot be terminated under an employment at will contract for refusing to commit an illegal act T/F
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 T/F
True
An employer is liable when quid pro quo sexual harassment results in the termination or demotion of an employee T/F
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 T/F
True
Both physical and mental impairments are included under the Americans with Disabilities Act's definition of a disability T/F
True
Congress has enacted legislation aimed at the protection of current and prospective debtors T/F
True
Consumers have the right to dispute information that is contained in their credit reports T/F
True
Creditors must receive as much in a Chapter 11 reorganization plan as they would receive in a Chapter 7 liquidation T/F
True
Creditors who petition a debtor into bankruptcy may be required to post a bond T/F
True
Employers have a duty under Title VII to reasonably accommodate the religious practices of their employees T/F
True
Employers who violate OSHA regulations are subject to fines and, if the violations are willful, imprisonment T/F
True
Exempt bankruptcy is subject to being used even after bankruptcy to pay debts for child support and alimony T/F
True
Featherbedding is an illegal activity in which unions force employers to hire more employees than necessary T/F
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 T/F
True
If a principal ratifies the unauthorized act of an agent, he releases the agent from any liability for the unauthorized act T/F
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 T/F
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 T/F
True
If the agent dies, the agency agreement terminates by operation of law T/F
True
If the principal dies, the agency agreement terminates by operation of law T/F
True
In Chapter 7 bankruptcy cases, certain debts of the debtor will not be discharged T/F
True
In a Chapter 13 proceeding, the rights of a bank which holds a home mortgage may not be modified T/F
True
In a multiple listing agreement, real estate is listed with several brokers who divide the commission on the sale T/F
True
It is illegal to retaliate against an employee for filing a complaint with the EEOC T/F
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 T/F
True
Most states allow employers to require job applicants and employees to undergo alcohol and drug tests T/F
True
No federal law addresses workplace bullying as a form of discrimination T/F
True
Normally a master is not liable for torts committed by a servant while traveling from his home to the workplace T/F
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 T/F
True
Only someone in a supervisory capacity can be liable for quid pro quo sexual harassment T/F
True
Property held in trust for the benefit of the debtor under a spendthrift trust does not become a part of the bankruptcy estate T/F
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 form of vicarious liability T/F
True
States decide whether or not debtor residents may use the federal bankruptcy exemptions T/F
True
The Americans With Disabilities Act applies only to employers who have 15 or more employees T/F
True
The Americans with Disabilities Act prevents employers from requiring that job applicants or employees undergo medical tests as a condition of employment T/F
True
The CFPB has sole jurisdiction to write new regulations on the consumer financial protection laws written by Congress T/F
True
The FTC is given wide discretion by the courts in determining when advertising is deceptive T/F
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 T/F
True
The Truth in Lending Act applies only to consumer credit transactions and consumer leasing T/F
True
The automatic stay is designed to protect the debtor and the creditor in a bankruptcy proceeding T/F
True
The basic purpose of bankruptcy is to allow a debtor in a difficult financial situation a fresh financial start T/F
True
The basis purpose of bankruptcy is to allow a debtor in a difficult financial situation a fresh financial start T/F
True
The bona fide occupational qualification defense may be used in claims arising under the Age Discrimination Employment Act T/F
True
The courts allow sexual harassment claims for both same sex and opposite sex harassment T/F
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 T/F
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 T/F
True
The principal is a fiduciary of the agent T/F
True
The secret formula for a soft drink is an example of a trade secret T/F
True
Title VII makes it illegal for an employer to sexually harass an employee in the workplace T/F
True
Title VII protections against discrimination in employment do NOT apply to independent contractors T/F
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 T/F
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 T/F
True
To collect workers compensation an employee's injury must have occurred in the workplace or in a work-related situation T/F
True
To ratify a contract, the principal must have been disclosed at the time the contract was formed T/F
True
Under Chapter 11, a debtor's plan of reorganization must provide a means for its execution T/F
True
Under the Equal Credit Opportunity Act, creditors are forbidden from making statements to applicants that would discourage them from applying for credit T/F
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 T/F
True
Under the Fair Labor Standards Act, covered workers are entitled to one and a half times their hourly wages for overtime T/F
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 T/F
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 T/F
True
Under the family-car doctrine, any family member becomes an agent of the parent-owner while the family member is using the car T/F
True
When workers strike for higher wages, management may hire replacement workers and refuse to rehire the striking workers when the strike is over T/F
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
Trustee
The ___ imposes duties on creditors who wish to extend credit, primarily in the area of making disclosures to potential debtors
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 ___
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 ___
Vicarious liability
The general legal principal under which an innocent person can be held liable for the wrongdoing of another is ...
Vicarious liability
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
Which of the following is NOT a factor in determining whether a servant was acting within the scope of his employment?
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 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?
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?
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?
Yes, Rita is liable in negligence
