BLAW exam 4

John is seventeen years old. Under the Fair Labor Standards Act, he Select one: a. must be directly supervised by an adult. b. must obtain a permit to work. c. cannot work in a hazardous occupation. d. cannot work during school hours.

C.) cannot work in a hazardous occupation

What is the maximum number of shareholders an S-Corporation may have? Select one: a. 100 b. 50 c. 36 d. 75

A.) 100

Based on Rochel's conduct, Marcus reasonably believes that Andrew has the authority to act on Rochel's behalf even though Andrew does not have the actual authority to do so. In this circumstance, Andrew has​ Select one: a. ​apparent authority. b. ​implied authority. c. ​express authority. d. ​no authority.

A.) Apparent authority

Mack's Manufacturing, Inc., grants its agent Teona an exclusive territory in which to sell Mack's products. Mack's cannot compete with Teona in that territory under the principal's duty of​ Select one: a. ​cooperation. b. ​indemnification. c. ​compensation. d. ​reimbursement.

A.) Cooperation

Dan is a limited partner in XYZ partnership. Which of the following is true: Select one: a. Dan has limited liability but cannot participate in management b. None of the above. c. Dan has unlimited liability. d. Dan can participate in management.

A.) Dan has limited liability but cannot participate in management

Katherine employs Flash Delivery Agency as an agent under a written agreement that describes the rights and duties of both parties. This is​ Select one: a. ​express authority. b. ​implied authority. c. ​apparent authority. d. ​equal authority.

A.) Express authority

Acme Corp hires Ike to buy gems and precious metals from various sources on its behalf. In this relationship, I. Acme Corp is the principal. II. Ike is an employee but not an agent. Select one: a. I, only. b. II, only. c. Both I and II. d. Neither I nor II.

A.) I, Only

Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that which of the following: I. Cody is a member of a protected class. II. Delta has no legal defenses against the claim. Select one: a. I, only. b. II, only. c. Both I and II. d. Neither I nor II.

A.) I, Only

Which of the following statements is true: I. A tangible employment action is any change in employment status or benefits. II. The Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males. Select one: a. I, only. b. II, only. c. Both I and II. d. Neither I nor II.

A.) I, Only

Which of the following statements is true: I. For an employee to recover wokers' compensation, the employee must have been injured during the course of employment. II. An employee can usually recover workers' compensation for injuries occurring on the commute to and from work. Select one: a. I, only. b. II, only. c. Both I and II. d. Neither I nor II.

A.) I,only

Jane is a drug addict who has completed a supervised drug-rehabilitation program. Mary used drugs casually in the past. Connie reports to work while under the influence of alcohol. Which of these women is considered to have a disability under the Americans with Disabilities Act of 1990: Select one: a. Jane. b. Connie. c. Mary. d. all of the choices.

A.) Jane

Tom and Mary are employees of ABC Corporation. Under the Equal Pay Act of 1963, ABC can legitimately pay different wages on the basis of seniority.

True

Clive works for Digby Excavation Corporation. While operating a backhoe, Clive suffers an injury. Clive will be compensated under state workers' compensation laws only if Select one: a. his injury was intentional. b. his injury was accidental. c. he does not have health insurance. d. he is completely disabled.

B.) His injury was accidental

Lita replaces Manny in his job at Neighborly Business Corporation (NBC). Manny believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply Select one: a. all parties must be forty years of age or younger. b. Manny must be forty years of age or older. c. Lita must be forty years of age or older. d. NBC must have been in existence for at least forty years.

B.) Manny must be forty years of age or older

Melinda is a purchasing agent for Candy Crush Company (CCC). She enters into a contract with Delmar on CCC's behalf. But she only indicates to Delmar that she is acting as an agent on behalf of an unidentified client. Under these circumstances CCC is Select one: a. ​an undisclosed principal. b. ​a partially disclosed principal. c. ​an apparent agent. d. ​a disclosed principal.

B.) Partially disclosed principal

Ethan is employed by Montana Energy Company. His duties include negotiating the purchase of mineral rights for future mining projects. Ethan secretly buys some of the property and sells it to Montana Energy at a profit. Ethan has breached​ Select one: a. ​the agent's duty of accounting. b. ​the agent's duty of loyalty. c. ​the principal's duty of compensation. d. ​no duty.

B.) The agent's duty of loyalty

Amanda works at Montana Water Company. Amanda is a sales representative who works with Montana Water's customers, including restaurants, grocery stores, and other businesses, as well as individual consumers. Montana Water closely supervises all of its sales reps, and dictates their schedules. With respect to third parties, Amanda is Montana Water's​ Select one: a. ​independent contractor. b. ​employee but not agent. c. ​employee and agent. d. ​employee, agent, and independent contractor.

C.) Employee and agent

If you and a friend decide to go into business as a partnership and you put up $2,000 and your friend puts up $1,000, how will management decisions be made? Select one: a. None of the above. b. You will make 2/3 of the decisions while your friend makes 1/3. c. Management decisions will be made by both partners. d. You will make all decisions because you contributed more money.

C.) Management decisions will be made by both partners

Paul hires Charles, a real estate broker, to act as his agent to sell his land for $150,000. Oil is discovered beneath the land, causing its market value to increase considerably. The agency agreement is likely​ Select one: a. ​continued with a proportionate increase in Charles' sales commission. b. ​terminated by act of the parties. c. ​terminated by operation of law. d. ​continued unless Charles tells prospective buyers of the discovery.

C.) Terminated by operation of law

Which of the following are pros of a corporation? Select one: a. Transferable ownership. b. Structured management. c. Limited Liability. d. All of the above.

D.) All of the above

In which of the following entities do all owners have limited liability for all business debts? Select one: a. Corporations b. Partnerships c. S-Corporations d. Both a and c

D.) Both a and c

Erica is sixty-year-old woman with cerebral palsy. Erica is a member of Select one: a. one protected class. b. no protected classes. c. two protected classes. d. three protected classes.

D.) Three protected classes

Cindy is Stan's agent; however, Cindy is not authorized to enter into contracts on Stan's behalf. Nevertheless, Cindy contracts to have Edward paint the interior and exterior of Stan's home. Stan ratifies the contract. Later, Stan tries to rescind the part of the contract relating to the exterior. This attempt will be​ Select one: a. b. ​partly successful. c. ​totally successful. d. ​totally unsuccessful.

D.) Totally unsuccessful

Acme Pipe, Inc., employs Eduardo as a sales agent for a trial period. At the end of the period, Acme and Eduardo disagree on the amount of the commissions Eduardo is due for sales that he made. Eduardo may demand​ ​a constructive trust.

FALSE

Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Diane, who does not have a disability. To successfully defend against Beth's claim, COC will have to show that the doors were not installed as an act of intentional discrimination.

False

Blast-Off Company wants to genetically test its workers for potentially significant, future health problems. Blast-Off may, but is not required to, deny group health insurance for its employees who test "positive."

False

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute is monitored by the Equal Employment Opportunity Commission.

False

If Mary involuntarily losses her job with ABC, Corp, she can continue her ABC health benefits for a period of time. However, if Mary voluntarily leaves a job with ABC, she cannot continue her ABC health benefits for a period of time.

False

Megan works for Standoff, Inc. Under federal law, Standoff must provide Megan with up to twelve months of family or medical leave.

False

The basis for an employee's contribution to Social Security is the employee's age.

False

Whistleblower statutes protect employers who report their employees' wrongdoing.

False

In a general partnership, profits are split equally between the partners.

True

Jane participates in a Title VII investigation at the firm where she works. As a result, Jane's employer demotes her. Under these circumstances, Jane may file a disparate treatment discrimination claim.

True

Mary Jane is forty-two year old woman; therefore, the ADEA protects her from discrimination based on her age.

True

The privacy rights of private-sector employees are governed by state law, which varies widely.

True

To hire employees from other countries, an employer must first obtain the approval of the U.S. Immigration and Customs Enforcement.

True

What formal requirements are required to start a sole proprietorship? Select one: a. None. b. Formal written business agreement. c. $75 filing to the Secretary of State. d. File Articles with the Secretary of State.

a.) None

What is the minimum number of members an LLC can have? Select one: a. 3 b. 1 c. 5 d. 12

b.) 1

Which of the following entities does not have "pass-through" taxation? Select one: a. Partnership b. C Corporation c. Limited Liability Company d. S Corporation

b.) C Corporation