Business Law and Ethics Final Review 4.0

Orin works at Pumps Inc. He works in the company's engineering department, interacting with third parties only to discuss technical issues. With respect to third parties, Orin is

*THE ANSWER IS NOT * an employee and agent.

Erin indicates that she is acting as an agent on behalf of an unidentified client—Flight Services Inc.—when she enters into a contract with Go Airlines. Liability to Go for nonperformance of the contract may be imposed on

*THE ANSWER IS NOT* Flight Services only.

Baristas Union petitions the National Labor Relations Board for an election on organizing a union among the employees of Coffee Café Company. For an election to be held, the union must represent

*THE ANSWER IS NOT* all of Coffee's employees.

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

*THE ANSWER IS NOT* the primary duties of the jobs.

The Americans with Disabilities Act applies to workplaces with at least

. fifteen workers

A business organizational form that limits its owners' liability allows the firm to lawfully

. take risks.

Fara hires Gil, a real estate broker, to act as her agent to sell her land for $150,000. Before the land is sold at the stated price, oil is discovered beneath it, causing its market value to increase considerably. The agreement between Fara and Gil is likely

. terminated by operation of law.

The Food and Drug Administration (FDA) wants Pharma Inc. to produce certain records for review. Pharma need not reveal

. trade secrets.

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on

Congress.

"Best" of the kind sold.

False

A buyer or lease can't rescind the agreement.

False

A fixed-rate mortgage is a standard mortgage with an adjustable rate of interest.

False

An individual who borrows funds from a financial institution to purchase real property by taking out a mortgage is a mortgagee.

False

Beacause of writ of attachment is a predjudgement remedy, a debtor does not need to be given notice and an opportunity to be heard before the property is seized

False

Because a mortgage involves a transfer of real property, it need not be in writing.

False

Knowing subject to a prior claim.

False

Made during the bargaining process is not an express warranty.

False

Mortgage insurance compensates a debtor for losses due to a default on a mortgage loan.

False

Most creditors require a borrower to purchase mortgage insurance if the borrower makes a down payment of at least 20% on the total price.

False

Most liens have little practical use, because liens generally do not take priority over other claims to the same property.

False

Only by provision in sale/lease contract.

False

Product identification label is not and express warranty.

False

The rate of interest paid by the borrower stays fixed with adjustable-rate mortgage.

False

The Financial Stability Oversight Council was created in response to a financial crisis to

Identify and respond to emerging risks in the financial system.

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

Ivy, Jerold, and Kim.

Heber, Irma, and Jon apply to work for Kitchen Chicken Inc. in Louisiana. These individuals' eligibility to work must be verified by

Kitchen Chicken.

Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on

Miklos's death or incapacity.

The purpose of state workers' compensation laws is to establish an administrative process for compensating workers for

injuries that arise in the course of employment, regardless of fault.

A mortgage gives a creditor a lien on a debtors real property as security for payment of a debt.

True

A small amount mechanics lien is typically stays on record until the property against which it has been filed is sold when it is paid out of the sale proceeds.

True

Devices appropriateness for an unapproved use is not and express warranty.

True

Dillonee, the IP guru for blaw2 obtains a loan from first secured security bank. This loan which is repayment is ensured by collateral pledged by dilonee. Please mark true he's not trying to trick you.

True

Federal law provides a minimal framework to protect debtors from losing all of their income in order to pay judgement debts.

True

Mortgage loans are contracts.

True

Recording a mortgage ensures that the creditor is officially on record ad holding an interest in the property.

True

Right to recover the expenses of the suit from the seller.

True

The loans made by companies that provide credit cards are not backed by collateral.

True

Thief breached warranty of good title.

True

Transferring such rights, title, and interest as they have in goods.

True

Mechanical Engineering Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

a company supervisor.

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

a federal district court.

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of

a protected class.

Without creating a separate business organization, Rey starts up Street Cruisers, a pre-owned auto sales enterprise. This enterprise is

a sole proprietorship.

Retail Stores Inc. pays taxes collected by the appropriate state agencies. Like other state administrative agencies, these agencies were created by

a state legislature, through an enabling act`

Dona, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

age.

Ingmar asks Jess to contract with Kay's Lawn Service to maintain Ingmar's lawn. Jess orally agrees to do so. This is an agency by

agreement

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

all of the choices.

During an administrative hearing, the parties may

all of the choices.

The Uniformed Services Employment and Reemployment Rights Act applies to

all of the choices.

Rosa introduces Sal to her friend Trey as "my associate." Sal purports to act as Rosa's agent in a business transaction with Trey. If Rosa is liable for Sal's actions, it will be because their relationship is

an agency by estoppel.

Nora works at Oil & Gas Inc. She is a sales representative who works with Oil & Gas customers. The company closely supervises its sales reps, and dictates their schedules. With respect to third parties, Nora is

an employee and agent

Bhat and Cho do business as Day Glow Paints, a partnership. In most states, for the purposes of collecting judgments and having accounting performed, this firm would be treated as

an independent entity.

Games Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they

are fired for gross misconduct.

Vera is a purchasing agent for Wild-Caught Fish Inc., with the authority to buy a sea fisher's catch up to a certain quantity. After the fish is bought, the agency relationship terminates

automatically.

Bob buys a Club Fitness, Inc., franchise, which the franchisor later terminates. In determining whether the termination was proper, a court will generally

balance the rights of both parties

Mica is an employee of Natural Gas Company and a member of a union of company employees. Under federal law, Mica and other union members have the right to

bargain collectively with their employer through their representative.

Liu, the owner of Mortgage Source, a sole proprietorship, wants to obtain additional business capital. For this enterprise, the opportunity is most likely limited to

borrowing funds.

Darla serves in a representative capacity for Ellen's Botanicals. To accomplish the objectives of this relationship, Darla's authority can be implied by

by custom

Curly Fries Inc. grants its agent Dian an exclusive territory in which to sell its products. The company cannot compete with Dian in that territory under the duty of

cooperation.

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

disparate-impact discrimination.

Giso applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is

disparate-treatment discrimination.

Neva is a partner in Orchard Farm. Neva gives notice to quit the firm, which otherwise continues to do business. This is

dissociation

Beri owns and operates City Delivery Service as a sole proprietorship. When she dies, the business will automatically

dissolve.

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

exhaust all possible administrative remedies

Federal overtime provisions apply only after a covered employee works more than

forty hours in a week.

Ben manages a warehouse and its inventory for Coffee Roaster Inc. To operate this part of the business, Ben's authority can be inferred

from the position Ben occupies.

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

gender.

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

he is a member of a protected class.

Administrative agencies can conduct searches without warrants in

highly regulated industries.

Rico works for Street Tacos Inc. The basis for Rico's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for his loss of income on retirement is

his annual wage base.

Ira serves in a representative capacity for Jett. Key is injured through Ira's negligence. Jett may be liable to Key if Ira's conduct occurred

in the course and scope of Ira's employment

Jon contracts with Kino to buy a certain number of sheep for Kino's Animal Farm. Jon makes a deal with Lila for the sheep, but neither Jon nor Kino pays the price. Lila sues Jon for breach. Jon's right to hold Kino liable for any damages is the right to

indemnification.

Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform

its employees.

Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of

merit.

eSports Inc. offers entrepreneurs the opportunity to operate a franchise under the eSports trade name as the owner of a game-playing venue. To possible franchisees, eSports makes earnings claims. For those claims, the franchisor

must have a reasonable basis.

Brea and Colin do business as Dig Excavators. In acting on the firm's behalf, Brea makes an honest error in underestimating the cost of a certain project. In this situation, to her firm, Brea is liable for a breach of the duty of

none of the choices

Deb and Elle are partners in Foundations, a counseling clinic. Deb manages the business. For this service, unless the partnership agreement states otherwise, she is entitled to pay in proportion to her

none of the choices.

Steel Mill Inc., employs five hundred workers. For the Occupational Safety and Health Administration, Steel must do all of the following except

pay employees higher wages for working in more dangerous areas.

Vern is one of three partners in Waffles Food Truck. Concerning all aspects of the partnership business, Vern is entitled to information

on a complete basis.

Sara believes that she was rejected for a position at Tour Agency on the basis of her race. Sara files a suit against Tour under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

other persons of her race hold similar positions with similar employers.

Independent regulatory agencies such as the Federal Communications Commission are

outside the federal executive departments.

To gain an advantage in a business deal, Masonry LLC engages in fraud. Nicol, a member of Masonry, significantly contributes to the firm's misconduct. For any resulting damages, a court is most likely to hold Nicol

personally liable.

The Federal Trade Commission Act granted the Federal Trade Commission the power to

prevent businesses from engaging in unfair trade practices.

Ruby is interested in buying a franchise from Snax Stores Inc. This transaction, like other franchise deals, is regulated to protect

prospective franchisees from dishonest franchisors

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

publish a notice of the proposed rulemaking

Resort Company replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is

qualified for the position.

Olive is a supervisor for Pasta!, a restaurant. Qua is a Pasta! employee. The owner announces that some employees will be discharged. Olive tells Qua that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

quid pro quo harassment.

Suva is an agent for Tax Accountants, Inc. On the firm's behalf and at its request, Suva pays Uzo for specially coded software. Suva's right to obtain the amount of the payment from Tax Accountants arises under the duty of

reimbursement.

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must

restore him to his same position or a comparable position.

Riki contracts to buy a franchise from Sushi Company. In this contract, as in most franchise contracts, the determination of the territory to be served is made by

sushi

Larry is an agent for Mary. She gives him clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. He enters into a contract on her behalf on Tuesday. Larry has breached

the duty of obedience.

Food Market Company employs workers, including Gina, at six locations in two states. Food Market's discharge of Gina outside the terms of an implied employment contract may result in

the employer's liability for breach of contract.

When a state administrative regulation conflicts with a federal administrative regulation

the federal regulation takes precedence.

Retail Company is located in Seattle, Washington, where the city and the state have minimum wage laws. Retail pays its starting employees the legal minimum rate, which, among the governing laws, is

the highest minimum wage.

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

the president.

Notice-and-comment rulemaking involves a period during which

the public is asked to comment on a proposed rule.

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except

to go on an extended family vacation.

Berry Farm Inc. employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Berry Farm can hire illegal immigrants

under no circumstances.

Ang enters into an agreement with Burgers Inc. to operate a franchise. Their contract does not grant Ang exclusive territorial rights. Later, Burgers allows a competing franchise to be established nearby, causing Ang to suffer a significant loss in profits. In Ang's suit against Burgers, his best argument is that the franchisor

violated the implied covenant of good faith and fair dealing.

Tom is seventeen years old. Under the Fair Labor Standards Act, he cannot

work in a hazardous occupation.