LGS 200 Module 4

T/F: A business that cannot provide scientific evidence to support its marketing claims may be held liable for deceptive advertising.

True

T/F: Importers of food have to verify that the imported food meets US safety standards.

True

Claudio owns one hundred acres of fertile bottomland. With respect to the land. Jana has an easement and Clinton has a profit. A right to possess the bottomland is owned by a) Claudio b) Jana. c) Clinton d) Claudio, Jana, and Clinton in fractional shares.

a) Claudio

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 constructive discharge. b) a voluntary quit. c) employer retaliation. d) discrimination.

a) a constructive discharge.

With respect to governing the workplace, statutory law. a) has displaced common law doctrines to a large extent. b) is superseded by common law principles. c) is given effect only when it aligns with common law precedents. d) applies to a dispute only in the absence of a common law rule.

a) has displaced common law doctrines to a large extent

Devon takes temporary family leave from her job at Equipment Sales Company to care for a newborn baby. With respect to Devon's heath care coverage, during the leave, under the Family and Medical Leave Act, Equipment. a) must continue it. b) may suspend it. c) may terminate it. d) must add the baby to it.

a) must continue it.

Miguel owns a beach house in Wyoming in fee simple. This ownership interest is. a) potentially infinite in duration b) subject to the withdrawal or recall of the previous owner. c) limited to the period of Miguel's life. d) limited to the period of the lives of Miguel and his immediate heir.

a) potentially infinite in duration

Blanca is an at-will employee of Commercial Data Company. In firing Blanca, Dart, a Commercial Data manager, publicly discloses via social media, private facts about Blanca's personal life. She successfully sues the employer for wrongful discharge. With respect to the employment-at-will doctrine, this is. a) an example of the doctrine. b) an exception based on contract theory. c) an exception based on public policy. d) an exception based on tort theory.

d) an exception based on tort theory

T/F: An employer cannot classify jobs as male or female but can refuse to promote employees based on their gender.

False

T/F: Federal law that allows employees to take time off work for family or medical leave supersedes state and local laws that provide more generous benefits.

False

T/F: Manufacturers and suppliers entering into contracts with agencies of the federal government are exempt from federal wage-hour requirements.

False

T/F: The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to forty years of age.

False

T/F: The condemnation power of the government to take land for a public use is known as the right of adverse possession.

False

T/F: The most important factor in determining whether an item is a fixture is the perception of a disinterested third party.

False

T/F: The purpose of zoning is to prevent development altogether and to limit the government's ability to adapt to changing circumstances.

False

T/F: The quality and safety of food may be important to consumers, but food labels that provide standard nutrition facts are a seller's option, not a requirement.

False

T/F: Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

False

T/F: to receive benefits under a state workers' compensation law, an employee injured on the job must promptly sue the employer.

False

T/F: A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration.

True

T/F: A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination. and will win in the absence of a legally acceptable employer defense.

True

T/F: Because customers may not read an entire web page, an online disclosure should be placed as close as possible to any claim being qualified.

True

T/F: Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

True

T/F: Real property consists of land and includes anything attached to it.

True

T/F: Regulation Z was issued by the Federal Reserve Board of Governors to implement the disclosure requirements of the Truth-in-Lending Act.

True

T/F: When an employee received tips on the job, federal law requires the employer to pay the employee the difference between the amount of the tips and federal minimum wage.

True

T/F: to be eligible for unemployment compensation a worker must be willing and able to work.

True

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for childcare and deal with financial and legal matters when Naomi, his spouse, a US Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must a) restore him to his same position or a comparable position. b) reimburse him for his expenses while on leave. c) promote him to the status of a key employee. d) do nothing.

a) restore him to his same position or a comparable position.

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have disability under the Americans with Disabilities Act is a) only Ivy. b) Ivy, Jerold, and Kim. c) not Ivy, Jerold, and Kim. d) only Ivy and Kim.

b) Ivy, Jerold, and Kim.

Bayside Inc. pays Costal Marina to release its claim to a ship of waterfront property. Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip. This deed is a. a) fee absolute deed b) quitclaim deed c) deed of quiet enjoyment d) warranty deed.

b) quitclaim deed

Inez files an employment discrimination suit against Jiffy Delivery Service, Inc., under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes a) imprisonment b) reinstatement. c) fines. d) an order to close the employer's business.

b) reinstatement

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by a) Gowan b) none of the employees. c) Emily. d) Emily's co-workers.

c) Emily.

Frank tells Giselle that she can camp on his beach and swim in his lake whenever she wants. With respect to the right to camp and swim, a) Giselle can pass title to the right to her heirs b) Giselle can exercise the right for the duration of her life. c) Frank can withdraw or revoke the right. d) Giselle can use Frank's property with impunity for perpetuity.

c) Frank can withdraw or revoke the right.

The Federal agency that oversees the practices of banks, mortgage lenders, and credit-card companies is. a) The Consumer Product Safety Commission b) Regulations Z. c) The Comsumer Financial Protection Bureau d) The Federal Reserve Board

c) The Consumer Financial Protection Bureau

Hu signs an installment contract with Home Appliance Store to finance the purchase of new kitchen appliances. This transaction is subject to. a) no federal law b) the Fair Credit Reporting Act. c) the Truth-in-Lending Act. d) the Telecommunications Act.

c) The Truth-in-Lending Act.

Lin is an employee at Manufacturing Plant Inc. Lin is called for jury duty and as a result cannot work her scheduled shift. The plant fires Lin, who subsequently sues her employer for reinstatement. With respect to the employment-at-will doctrine this is. a) an example of the doctrine. b) an exception based on contract theory. c) an exception based on public policy. d) an exception based on a statute.

c) an exception based on public policy.

Spicy Salsa Inc. complains to the Federal Trade Commission (FTC) about an ad broadcast by Tangy Taco Sauce Company, Spicy's competitor. The FTC investigates and concludes that the ad is deceptive. The FTC's next step is to a) conduct negotiations between the competitors. b) permit Spicy to broadcast similarly deceptive counter advertising. c) draft a formal complaint. d) issue a cease-and-desist order.

c) draft a formal complaint

Direct Sales Corporation sells products to consumers over the phone, through the mail, and online. Under the Federal Trade Commission's Mail or Telephone Order Merchandise Rule, the firm may be liable for failing to a) notify consumers when orders are shipped. b) provide a cooling-off period of three days before shipping. c) ship orders within the time promised in its ads. d) notify consumers when orders are shipped and provide a cooling-off period of three days before shipping.

c) ship orders within the time promised in its ads.

Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. TO succeed, his best argument is. a) the planes fly over more than twice a day. b) There are other routes the planes could take. c) the flights are low and frequent, interfering with enjoyment of his land. d) the planes are effectively taking private property for private use.

c) the flights are low and frequent, interfering with enjoyment of his land.

Consumer Staples Inc. includes in its adverting obvious exaggerations, vague generalities, and puffery about its products. The firm may be subject to sanctions for. a) obvious exaggerations. b) vague generalities. c) puffery. d) nothing because obvious exaggerations, vague generalities, and puffery are not subject to sanctions.

d) nothing because obvious exaggerations, vague generalities, and puffery are not subject to sanctions.

Sara Believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that. a) she applied and was qualified for the job in question. b) she is a member of a protected class. c) she was rejected for a position by the employer. d) other persons of her race hold similar positions with similar employers.

d) other persons of her race hold similar positions with similar employers