Buss Law 2 final review

______________ is a principle that says if a testator leaves a specific devise of property to a beneficiary, but the property is no longer in the estate when the testator dies, the beneficiary receives nothing.

Ademption

Which of the following is true of religious discrimination under Title VII? An employer should reasonably accommodate religious observances or practices of its employees at the workplace. An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII. Religious organizations cannot give preference in employment to individuals of a particular religion. Only monotheistic religions are covered under Title VII.

An employer should reasonably accommodate religious observances or practices of its employees at the workplace.

A panel of persons who are elected by the shareholders that make policy decisions concerning the operation of a corporation is known as ________.

Board of Directors

The ________ was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.

Civil Rights Act of 1964

Which of the following is true of employment discriminations defined under Title VII?

Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.

Which of the following is true of sex discrimination? It is not the same as gender discrimination. Sex discrimination applies only to women, not men. Employment discrimination because of pregnancy is sex discrimination. Sex discrimination is covered by Title II of GINA.

Employment discrimination because of pregnancy is sex discrimination.

The __________ is a federal statute that provides for the automatic wage withholding of child support payments from a noncustodial parent's income.

Family Support Act

The ________ is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.

GINA

Which of the following is an instance of disparate-treatment discrimination?

Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage.

Which of the following is true of impairments under the Americans with Disabilities Act (ADA)? It permits employers to ask job applicants about the existence, nature, or severity of a disability. It allows for preemployment medical examinations before a job offer. The employer must not accommodate an individual's disability. Injuries resulting from pregnancy are considered as disabilities under the ADA.

Injuries resulting from pregnancy are considered as disabilities under the ADA.

Which of the following statements is true of Title VII of the Civil Rights Act of 1964? It applies to all employers irrespective of the number of employees. It does not apply to labor unions. It does not cover state and local governments. It does not apply to Native American tribes.

It does not apply to Native American tribes.

Bob and Clara were married for 22 years when they died in a car crash, without leaving behind a will. They had no surviving children, but they were close to many of their living relatives. According to the Uniform Simultaneous Death Act, how would the couple's properties be distributed following their death?

It would be distributed to their respective relatives

The ________ is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.

Lilly Ledbetter Fair Pay Act

Which of the following is true of the Age Discrimination in Employment Act (ADEA)? Private plaintiffs cannot sue under the ADEA. Persons under 40 are not protected by the ADEA. Employees need to be a minimum of 55 years of age to be protected by the ADEA. Discrimination in certain employment decisions, like hiring, is permitted under the ADEA.

Persons under 40 are not protected by the ADEA.

Which of the following is true of sexual harassment? Same-sex harassment is not covered under Title VII. The plaintiff-employee is not obligated to take advantage of any preventive opportunities provided by the employer. Sending offensive emails is considered sexual harassment. Absence of a complaint mechanism makes an employer liable for disparate-impact discrimination.

Sending offensive emails is considered sexual harassment.

Which of the following is true of an S corporation? The corporation can have no more than 100 shareholders. Only foreign corporations can be an S corporation. They are taxed at the corporate level. The corporation must be a member of an affiliated group of corporations.

The corporation can have no more than 100 shareholders.

Which of the following must be included in an article of incorporation? The minutes of the first organizational meeting of the board of directors. The number of shares the corporation is authorized to issue. The dissolution terms of the incorporation. The corporate seal must be used in the articles of incorporation.

The number of shares the corporation is authorized to issue.

A member of a minority race applies for a position for which he is well-qualified. However, the company rejects him and hires a nonminority applicant for the position. The minority applicant can sue under ________.

Title VII of the Civil Rights Act

Canton has listed his house for sale, but cannot be present to take care of the sale as he needs to go out of town. He intends to give his brother, Stratham, the power of attorney to just make decisions regarding selling of his house while he is gone. What kind of power of attorney should Canton execute?

a special power of attorney

Mr. Rolleck writes a will placing his estate in a trust upon is death. He names a local bank as trustee to administer the trust and invest its assets. The trust provides that when his grandson reaches the age of 23, the trust will terminate, and his grandson will be given legal title to the assets. Mr Rolleck dies when the grandson is 12 years old. At the age of 23 , the grandson inherits the title to his assets. What kind of trust did Mr. Rolleck create in this scenario?

a testamentary trust

A(n) ________ provides that certain job preferences will be given to members of minority racial and ethnic groups, females, and other protected-class applicants when making employment decisions.

affirmative action plan

Frank Hannigan sees a grand piano that his musician friend, Scott Kristoff, had been looking for, in an antique store. Frank enters into a contract to purchase the grand piano from the antique seller and signs the contract, "Frank Hannigan, agent for Scott Kristoff." But because Frank is not Scott's agent, Scott is not bound by the contract. If Scott decides to accept the contract, what kind of agency would be created?

agency by ratification

A corporation that is incorporated in another country is known as a(n) ________ corporation.

alien

Termination of an agency by ________ is a situation where the parties to an agency contract terminate their contract by mutual agreement or when a previously agreed upon event occurs.

an act of the parties

Jane and will got married three years ago, after which Will moved into Jane's ancestral home. Over the three years of their marriage, Jane bought a new car for Will and a farmhouse in the suburbs from her own funds. The farmhouse was registered jointly in their names. Will invested heavily in stocks and bonds from their collective income and transferred his existing stocks and bonds in Jane's name. In the event of Jane and Will opting for a divorce, the ______________ would be considered separate property for Jane.

ancestral home

The Americans with Disabilities Act does not consider ________ as a disability to be considered for employment qualification.

common influenza

According to priority, which of the following claimants is the last to be paid after assets have been liquidated of a corporation?

common stockholders

The crucial factor in determining whether someone is an independent contractor or an employee is the ________.

degree of control the principal has over the worker

Which of the following best describes quid pro quo sex discrimination?

discrimination where sexual favors are requested in order to obtain a job or be promoted

A corporation in the state in which it was formed is referred to as a(n) ________ corporation.

domestic

A corporation is a(n) ________ corporation in the state in which it is incorporated.

domestic

Ashley owns a piece of vacant real estate through which a small river runs. Ashley hires Warren, a licensed real estate broker, to list the property for sale and help sell the property. While inquiring in the neighborhood, Ashley's neighbor Lenny tells Warren that a chemical plant upstream has polluted his property and that Warren should have environmental engineers test the soil on Ashley's property as well. Warren does not tell Ashley about Lenny's suggestion. Warren manages to find a buyer for Ashley's property in Martha. It is later discovered that the property Martha bought from Ashley is also polluted. Which of the following agent duties has Warren failed to perform?

duty to notify

Ronald, the purchasing manager of Tellys Supermarket in Georgia, was asked to buy an order of the latest videogame console, FunCase, to keep in the supermarket. However, due to a truckers' strike, he had to make a trip to the FunCase warehouse, which was in Florida. Ronald paid for the trip himself, went to the warehouse, procured the shipment, and returned. After he got back, Tellys Supermarket paid Ronald for the trip he made to Florida. Which of the following duties of the principal did Tellys Supermarket perform here when they paid Ronald for the trip to Florida?

duty to reimburse

Title VII of the Civil Rights Act of 1964 applies to ________.

employers with 15 or more employees

Marlon intends to sell a piece of real estate he owns and contracts Nita, a real estate broker, to make the sale. In the contract, Marlon authorizes Nita to make the sale at or above a minimum price he wants and the date by which he wants the sale to be completed. The contract also stipulates that Marlon should not hire another broker to sell that piece of land until the expiry of the contract period. Nita finds a suitable buyer, makes the sale in time, and is paid by Marlon for her services. Which of the following types of agency had Marlon and Nita entered into?

express agency

Marcus employs a real estate broker, Dean, to sell his house. Dean's express powers are to advertise and market the house for sale, show the house to prospective buyers, and accept offers from persons who want to purchase the house. He is not allowed to seal a deal without Marcus' consent. Marcus goes away on a month-long trip where he cannot be contacted. During this time, a short circuit in the house causes a power outage. Dean uses his authority to hire an electrician to repair the circuits and restore electricity in the house. Marcus then comes back and pays Dean for the electricity repair. What is the nature of the agency that Dean used to fix the electricity problem in the house?

implied agency

The Age Discrimination in Employment Act (ADEA) permits age discrimination when ________.

it is a necessary qualification for a job

Local government corporations are often called ________ corporations.

municipal

An oral will that is made before a witness during the testator's last illness is defined as________.

nuncupative will

The ________ is a rule which states that if an engagement is broken off, the person who was given the engagement ring must return the ring, regardless of which party broke off the engagement.

objective rule

Na Li is a South Asian immigrant in New Jersey who was divorced by her husband after 34 years of marriage. Na Li can proficiently converse only in her native language. She lacks any employable skills and has been restricted to her home throughout her marriage and childbearing years. She has two children who are employed in different cities. Na Li also suffers from a mild but prolonged depressive disorder called dysphoria. Na Li qualifies for ________ considering her situation.

permanent alimony

Title VII of the Civil Rights Act ________.

permits an employer to discriminate on the basis of religion if the requested accommodation would be costly

Which of the following is a defense to a charge of discrimination under Title VII?

selecting and promoting employees based on merit

Property owned by a spouse prior to marriage, as well as inheritances and gifts received by a spouse during the marriage and referred to as _________.

separate property

Keith appoints Peter, a real estate agent, to sell his house for him, but Peter's real estate agency license is revoked before he can sell Keith's house. This would result in the agency being ________.

terminated by impossibility of performance

Under Title VII of the Civil Rights Act, if a supervisor harasses an employee but no tangible employment action is taken, then ________

the employer is vicariously liable unless it can prove affirmative defense

Which of the following qualifies as termination of an agency by impossibility of performance?

the loss of a required qualification

Issued shares that have been repurchased by the corporation are referred to as ________.

treasury shares

An act by a corporation that is beyond its express or implied powers is called a(n) ________.

ultra vires act

Horace Holmes died at the age of 85, leaving behind all his property to Joe Baines, his butler. The news of the new will that Horace executed three months before his death naming joe as the sole beneficiary surprised everyone. In his prior will, he had bequeathed his estate to his two daughter and three grandchildren on a per capita basis. The court took up proceedings to determine the validity of his new will because Horace's rejection of his daughters and grandchildren in his will was uncharacteristic of him. The court most likely suspected this change in his will to be a case of__________.

undue influence