FINAL EXAM QUESTIONS BLAW 220

The enabling legislation

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency is called:

Implied

Alyssa hires Bret to mow Alyssa's lawn every Friday. Although they do not discuss the terms of payment, after each of the first three Friday mows, Alyssa pays Bret $25.00 the next day. The payment term is

A fine, imprisonment, and damages

As part of a stock offering for Design Media Corporation, the firm's accountant Eve intentionally misrepresents material facts in the prospectus. Fred buys the stock unaware of the misrepresentation and suffers a loss. Eve may be subject to

Executive agencies and Independent Regulatory agencies

At the national level, the two types of administrative agencies are:

Disparate-Impact Discrimination

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 a

Retaliation Claim

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file

Prove that an attempt to accommodate Bob would be unreasonable.

Bob works for ABC Corporation and is a practicing Muslim. He tells his employer that he must have off every Saturday for religious reasons. Saturday is their busiest day. (CANT READ THE REST)

The Equal Employment Opportunity Commission

Compliance with Title VII of the Civil Rights Act is monitored by:

Executive Branch

Executive agencies exist within the cabinet departments of the

Disclose all essential information about the issuance of its securities

Fabrication Corporation is a public company whose shares are traded in the public securities markets. Under the Securities Act of 1933, Fabrication is required to

Gender

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

Bona-Fide occupational qualification defense

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has a

disparate-treatment discrimination

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

Without being registered

Home Meals Corporation is poised to issue securities that, under the Securities Act of 1933, are exempt. This means that the securities can be sold

Outside the federal executive departments

Independent regulatory agencies such as the Federal Communications Commission are:

Constructive discharge

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely a

A description of securities being offered for sale.

Market Data Corporation is required to file a registration statement with the Securities and Exchange Commission. This statement must contain a

company supervisory board

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

intention

Mel agrees to work as a freight broker for National Shipping Inc. In determining whether a contract has been formed, an element of prime importance is the parties'

Hostile work environment harassment

Mena, a female, and Neil, a male, are employees of Operation Business Corporation. Mena regularly e-mails sexually explicit images to Neal via Operation's network. Neil finds this offensive. This is most likely a

Void

Oceans Inc., a seafood distributor, agrees to buy from Paul, a commercial fisherman, any "overstock" of fish that Paul catches in excess of his legal limit. This agreement is most likely:

he is a member of a protected class.

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:

A protected class

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:

Liable for insider trading

Ross, a sales executive with Steel Mill Inc., learns of undisclosed company plans to produce a new type of steel. Ross tells Tim, who tells Uri, who buys 100 shares of Steel Mill stock. Uri knows that Tim got the information from Ross. When the firm publicly announces its new product, Uri sells the stock for a profit. Under the Securities Exchange Act of 1934, Uri is most likely:

Unilateral Contract

Rue offers to pay Sari $50.00 to deliver certain documents today. Sari can accept the offer only by completing the task within the deadline. If she does, Rue and Sari will have entered:

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

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:

The untrue statements were not material

Space Flight Inc. files a registration statement with the SEC before making an offering to the general public. The registration contains false, immaterial statements of which the investors are unaware. The firm is charged with violating the Securities Act of 1933. Its best defense is

An offer and an Acceptance

Steel Mill Inc, makes an offer to Tom to work as a mechanical engineer for a certain salary for one year. Tom accepts the offer. This contract is valid because it includes a:

The Code of Federal Regulations

The final published rules can be found in:

Prohibit deceptive and manipulative practices in the securities markets.

The goal of securities regulation is to:

15 employees or members

Title VII of the Civil Rights Act applies to employers and labor unions with at least

In the federal register

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal

Any instrument representing corporate ownership or debt

Under the Securities Act of 1933, securities include

Register its securities transactions unless they qualify for an exemption

United Delivery Corporation is a public company whose shares are traded in the public securities markets. Under the Securities Act of 1933, United Delivery is required to

exhaustion doctrine

When a business is before an agency and is required to pursue all remedies available within the agency before filing a lawsuit in federal court, this requirement is:

The federal regulation takes precedence

When a state administrative regulation conflicts with a federal administrative regulation: