Sport Law Ch 1-9
Enterprise coverage under the FLSA applies to employees who work for businesses with at least 20 employees and that do at least $1,500,000 a year in business.
False
In Anderson v. Little League Baseball, the decision by the Little League to prohibit a man from coaching first base while in a wheelchair was supported by the court as a decision that did not violate the Americans with Disabilities Act.
False
In most contract cases, a nonbreaching party may be compensated for the loss of the bargain through punitive damages
False
It will likely be harder for a male coach of a collegiate women's basketball team than a female coach to attempt to win a lawsuit that seeks pay equal to that of the person coaching the men's basketball team.
False
Melissa Ludtke, the sports reporter who was denied access to the New York Yankees locker room because she was female, lost her lawsuit because the court felt that the privacy of the players could be protected in no other way.
False
More than one occurrence of quid pro quo sexual harassment is required before a court will find the harasser liable.
False
Only unions can negotiate to impasse
False
People with learning disabilities are not protected under the Americans with Disabilities Act nor under section 504 of the Rehabilitation Act.
False
Persuasive precedent means that a trial-level court in Idaho is bound to follow the case law precedent established by the Supreme Court of Washington because the Washington court is a higher level court.
False
Primary legal resources include statutes, constitutions, law dictionaries, and legal encyclopedias.
False
Private sector employers who impose dress and/or grooming codes on their employees are usually found to have violated Title VII.
False
Racial harassment is not a legitimate claim under Title VII.
False
Religious speech is protected by both the Free Exercise Clause and the freedom of speech portion of the First Amendment to the Constitution.
False
Risk elimination is the method most commonly adopted to cope with risks.
False
Risk evaluation involves the use of methods to transfer risks of financial loss to another party.
False
Risk transfer means that your organization chooses to bear the financial consequences of an activity.
False
Specific performance is often used as a remedy in personal services contracts
False
The Age Discrimination in Employment Act (ADEA) protects against employment discrimination based on the notion that an employee is either too old or too young
False
The Statute of Oral Contracts requires that certain types of contracts be in writing in order to be enforceable
False
The amount of authority designated by the principal to an agent is known as promised authority
False
The employer's liability under the principle of vicarious liability/respondeat superior is primary, that is, the employer itself has engaged in some wrongdoing for which it should be responsible.
False
The first step in the preventive law process is to engage in risk evaluation.
False
The preventive law plan should be incongruent with your organization's core values.
False
The preventive law process should be undertaken only once and then forgotten.
False
When employees file authorization cards with the NRLB, they are authorizing a union.
False
You may have an enforceable contract if there is no consideration
False
Once a higher court makes a decision, a lower court in that same jurisdiction must thereafter follow the rule of law established by the higher court because it has become binding precedent.
True
Risk assessment deals with the determining the probability that particular risks will result in claims and the magnitude of the potential liability arising from those claims.
True
Risk control involves the actual reduction of risk.
True
Scope of employment means that an employee is acting to advance the business of the employer.
True
The "open door" philosophy of our legal system sometimes leads to an abuse of the system.
True
The Department of Labor is responsible for investigating alleged violations of the FLSA.
True
The approach of this text is "managerial law," which links legal theory to business functions.
True
The collective bargaining agreement takes precedence over an individual employee-athlete's contract.
True
The law is only the starting point for having an ethical organization.
True
The modern rule regarding college student-athletes is that they are not employees for purposes of workers' compensation.
True
The most common forms of alternative dispute resolution are arbitration and mediation
True
The role of the courts is to decide legal controversies by interpreting constitutions, statutes, and common law precedent.
True
The traditional view of risk management is often confined to risks related to a personal injury lawsuit or property damage claim.
True
The use of unpaid interns in the sport industry is permitted under FLSA if the employer can prove it is entitled to an exemption.
True
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination directed at the protected classes of race, color, religion, sex, and national origin.
True
Under the Americans with Disabilities Act, an employer may not discriminate against a qualified individual with a disability. This means that the employer must provide reasonable accommodation to the employee unless that accommodation would cause the employer undue hardship.
True
Unions are not held liable for errors in judgment about whether to pursue a grievance, for interpretations of collective bargaining agreements, and for representing an employee in the grievance arbitration process.
True
We should use knowledge of the law not only to try and prevent litigation but to make our organizations safer and more hospitable environments.
True
When there are no genuine issues of material fact and the judge is able to apply existing law to the undisputed facts, she may grant a motion for summary judgment.
True
List the three elements of promissory estoppel.
a. A promise is made that should reasonably be expected to induce reliance. b. There is reliance upon that promise. c. Some detriment occurs to the party that relied upon the promise
Sometimes employees attempt to bring defamation claims against employers who disclose unfavorable information about them. However, employers have a(n) __________ to disclose pertinent information in good faith to those who have a legitimate need for that information. a. Absolute privilege b. Absolute immunity c. Qualified privilege d. Good faith disclosure privilege
a. Absolute privilege
Under Title VII, discrimination on the basis of religion is treated differently from the other protected classes in that: a. An employer must provide a reasonable accommodation for religion b. Religion is a suspect class c. Religion is a choice, unlike race or sex d. Religion is not covered by Title VII
a. An employer must provide a reasonable accommodation for religion
The right to engage in concerted activity set forth in the NRLA does not give employees the right to do which of the following? a. Block entrances to a employer's place of operation b. Strike c. Work slow downs d. None of the above
a. Block entrances to a employer's place of operation
Courts rely on time-honored maxims for interpreting statutes; what are these maxims known as? a. Canons of statutory construction b. Rules of legal ethics c. Statutory precedents d. Liturgies
a. Canons of statutory construction
The body of case law that has developed over time as court decisions have been rendered and relied upon is known as which of the following? a. Common law b. Canonical law c. Code of Federal Regulations d. Social contract
a. Common law
A defendant in a disparate treatment lawsuit must offer proof that the plaintiff was rejected for which of the following reasons? a. For some legitimate nondiscriminatory reason b Based on a business necessity c. Because of pretext d. For prima facie reasons
a. For some legitimate nondiscriminatory reason
List three ways in which an employee may violate the morals clause of an employment contract.
a. Immorality b. Criminal behavior c. Behavior reflecting poorly upon the employer
What is the most common risk transfer method? a. Insurance b. Using an independent contractor c. Using waivers d. Using indemnification clauses
a. Insurance
Why is an employee's intentional tort usually outside the scope of employment? a. It is done to further the employee's own interests. b. It is done to further the employer's interests. c. It is often also a crime. d. Negligent hiring has occurred
a. It is done to further the employee's own interests.
Which of the following is an example of an employer terminating an employment contract after an employee has breached that contract by engaging in behavior that violates the standards of job performance? a. Just cause termination b. Violation of authority c. Punitive termination d. Without cause termination
a. Just cause termination
Once a union is in place, management _______________ engage in collective bargaining over mandatory subjects. a. Must b. Can decide whether to c. Has no obligation to d. None of the above
a. Must
In a coaching contract, a coach may often be compensated beyond base salary with additional benefits. This added compensation is known as __________. a. Perquisites (perks) b. Liquidated damages c. Just cause compensation d. The Rodgers factor
a. Perquisites (perks)
When a government employee is fired for engaging in free speech activity, the court will balance the interests of the employer in efficiently providing its services against whether the speech involved a _____. a. Dress code b. Matter of public concern c. Nuisance d. Harassment issue
b. Matter of public concern
Most courts have consistently held that the relationship between a university and its athletes is one of _____. a. Employer-employee b. Not employer-employee c. Principal-agent d. No relationship exists
b. Not employer-employee
Which of the following is the critical time period for purposes of calculating overtime requirements under the FLSA? a. Number of days per week that an employee works in excess of 8 hours b. Number of hours worked over the maximum permitted during a 7-day work week c. Number of hours worked over a 5-day period in excess of 40 d. Number of days worked in excess of 5 during any given work week
b. Number of hours worked over the maximum permitted during a 7-day work week
A country club manager withholds a pay raise for a golf pro because the golf pro would not engage in a sexual relationship with her. This is an example of which of the following? a. Hostile environment sexual harassment b. Quid pro quo sexual harassment c. Disparate impact discrimination d. Reverse discrimination
b. Quid pro quo sexual harassment
__________ should be used only if the exposure to risk greatly outweighs the benefits of retaining that activity or operation. a. Insurance b. Risk elimination c. Risk control d. Risk transfer
b. Risk elimination
_____________ shifts the possible financial loss to another party. a. Risk retention b. Risk transfer c. Risk control d. Risk elimination
b. Risk transfer
The bona fide occupational qualification (BFOQ) defense is available under Title VII for claims of employment discrimination based on which of the following? a. Sex and race b. Sex and religion c. Race and religion d. None of the above
b. Sex and religion
Which of the following is the prime factor that courts look at when ascertaining whether a party is an independent contractor? a. The amount of money paid to the party b. The degree of control exerted over the actions of the party c. Whether the party furnishes its own tools, material, or equipment d. Whether a party designates itself as an independent contractor in the contract between the parties
b. The degree of control exerted over the actions of the party
What does risk assessment help you determine? a. Whether you have adequate liability insurance b. The frequency of occurrence of risks and the magnitude of the risks c. Whether your employees understand how to reduce risks d. None of the above
b. The frequency of occurrence of risks and the magnitude of the risks
Whenever you begin to draft a contract or start a negotiation, you should take the perspective of which of the following? a. The integrated whole b. The worst case scenario c. The best case scenario d. Enhancing ambiguity
b. The worst case scenario
Why are most college athletes unsuccessful in recovering workers' compensation benefits? a. They are not considered professionals b. They are not considered employees c. They have waived their rights to benefits d. They received no direct financial benefits for their participation
b. They are not considered employees
When a plaintiff challenges a neutral hiring rule by bringing statistical evidence of its negative effect on members of a protected class in a relevant workforce pool, she is relying on a Title VII theory of liability known as _____: a. Disparate treatment b. Petext c. Inference d. Disparate impact
d. Disparate impact
Which of the following is the OSHA standard/clause that requires that each employer furnish a place of employment that is free from recognized hazards? a. Specific hazard standard b. General safety standard c. Specific duty clause d. General duty clause
d. General duty clause
The exception to the rule of nonliability for the actions of an independent contractor is based on the theory of _____. a. Negligent supervision b. Negligent oversight c. Vicarious liability d. Negligent selection
d. Negligent selection
List five examples of secondary legal resources.
Law dictionaries, legal encyclopedias, case summaries, restatements, and law reviews
Give three examples of types of contracts that must be in writing according to the Statute of Frauds.
Agreements for the sale of land or an interest in land b. Contracts for the sale of goods priced at $500 or more c. Contracts that cannot be performed within one year of the formation of the contract
Provide one example each of two conflicting canons of statutory construction.
-available for use in arguing most points of statutory interpretation "Language is plain, it must be given effect" should be given literal interpretation "Do not give effect to the plain language if a literal interpretation would lead to an absurd result or thwart the obvious purpose of the statue"
Give three examples of methods your organization could use to transfer risk.
-hiring an independent contractor- they get their own insurances for it -contractual provisions- waivers transfers the risk of financial loss to those participants -insurance- cost of an accident is covered by the insurance company
List the four key elements of implementing a preventive law plan.
1) Developing effective policies and procedures 2) Drafting contracts that protect your interests 3) Designing effective training programs 4) Developing evaluation procedures
Explain the three steps in the McDonnell Douglas burden-shifting analysis used in deciding certain employment discrimination claims.
1) Plaintiff has burden of proof to establish a prima facie case of discrimination 2) Defendant has burden of production to support its defense 3) Plaintiff has burden of proof to establish that the defense is pretext
List and briefly describe the four possible strategies to cope with risks.
1) Risk elimination- getting rid of the risk 2) Risk Retention- keeping the activity and keeping the risk 3) Risk transfer- transferring the liability to another party (insurance, independent contractors) 4) Risk control- involves the actual reduction of risk, not just methods to deal with the financial consequences of the risk
List three policy reasons why the law has deemed it appropriate for employers to be held liable for employees' actions under vicarious liability
1) employer receives benefit of action 2) employer has control over actions of employee 3) Employer can procure insurance that covers the actions of employees
Describe two differences between arbitration and mediation
Arbitration- neutral party makes decision, decided winner or loser Mediation- impartial mediator negotiates a settlement of the dispute, comes to mutual decision (on going relationship afterwards)
Give an example of how an employer could ratify/condone the intentional tort of an employee.
Employers placing employees in a position of trust and authority and sexual assault cases
An employee's job title will determine whether she is an exempt employee for such purposes as minimum wage and overtime pay requirements under FLSA.
False
An organization can never be vicariously liable for the acts of a volunteer.
False
Assume the Supreme Court of Washington State has made the following decisions: 1984: No discrimination against yellows 1989: No discrimination against blues 1992: OK to discriminate against squares 1996: No discrimination against greens The lowest-level trial court of Washington, which must now decide whether it is OK to discriminate against reds, may rule that such discrimination against reds is OK.
False
Certifying workers in appropriate bargaining units allows disparate working groups to join together to form a union.
False
Control over the day-to-day details of a party's work is consistent with a finding that the party is an independent contractor
False
Employers are required to pay extra to an employee who works on a holiday.
False
A court has ruled that the First Amendment protects a coach who calls his players "n******" in order to motivate them to play more aggressively
False
A lawyer's job is to analogize his or her current case to existing precedent if that precedent is unfavorable to the client's position.
False
Administrative exemptions from FLSA apply to any person working in an management position.
False
All commentators agree that there is no such legal theory as "sport law."
False
List the three tests courts use to analyze discrimination under the Equal Protection Clause. Be sure to provide the name of the test, the group to which it applies, and the specific language that comprises each test.
Strict Scrutiny- suspect class( race, ethnicity, alienage, national origin), rule must be necessary to achieving a compelling government interest Intermediate Scrutiny- quasi-suspect class (gender, legitimacy of birth), rule must be substantially related to achieving an import government interest Rational Basis Review- Nonuspect class(all other groups singled out for differential treatment), rule must be rationally/reasonably related to achieving a legitimate government goal
Minority is an example of lack of capacity to enter into a contract
True
List six factors used to determine whether a party has independent contractor status.
The right to control the manner in which the work is performed the right to discharge the method of payment Whether taxes are deducted from the payment The level of skill required to perform the work The Furnishing of necessary tools, material, or equipment
Which of the following prohibits terminating a female employee because she is pregnant? a. Title VI b. The Equal Pay Act c. ADA d. None of the above
Title VI
Negligent hiring occurs when an employer breaches its duty to hire safe and competent employees.
True
A coach who is fired for complaining about gender equity problems with his girls' basketball team has a legitimate retaliation claim under Title IX.
True
A nonbreaching party must act reasonably to lessen the consequences of the breach, according to the principle of mitigation of damages
True
According to the National Labor Relations Act, a pro sport team owner who engages in employment discrimination against a player who expresses support for a players association has engaged in an unfair labor practice.
True
Adopting a "preventive law" view encompasses a broader view of all risks that could affect an institution.
True
An athletic trainer is most likely subject to both specific hazard standards and the general duty clause of OSHA.
True
An employee is entitled to workers' compensation benefits for any work-related injury or illness regardless of who was at fault.
True
An injury occurring during work hours will generally arise out of employment for purposes of workers' compensation.
True
Bona fide private membership clubs are exempt from Title VII.
True
Courts will generally afford great deference to the interpretation of regulations rendered by the agency responsible for promulgating and enforcing those regulations.
True
Courts will not uphold penalty provisions in a contract
True
Examples of conduct that may contribute to a hostile work environment include unwelcome touching, obscene jokes, and displays of sexually suggestive posters.
True
Hostile environment harassment, a type of sexual harassment, must be sufficiently severe that it has a significant negative effect on the harassed employee's job performance.
True
Hostile environment sexual harassment claims may be brought when the offensive conduct is not sexual in content but is instead based on the victim's gender.
True
If a person is infected with the HIV virus, that person is considered to have a disability covered under the Americans with Disabilities Act and under section 504 of the Rehabilitation Act.
True
In an employment contract, the reassignment clause gives an employer the right to transfer an employee to a different employment position than the one for which he or she was originally hired
True
In the Williams case, the court upheld the termination of an athletic director who was fired for writing a memo to the principal exposing the school's corrupt financial accounting practices―because his statements were made pursuant to his official job duties and thus were not protected speech under the Garcetti alteration to the Pickering balancing test.
True
Liquidated damages provisions are used when parties are not able to ascertain the exact damages attributable to a breach
True
Management does not need to negotiate with unions about decisions that lie at the core of entrepreneurial control.
True
In some cases, an employee's intentional tort may be considered to be within the scope of employment because the employer has: a. Ratified or condoned the employee's propensity to engage in behavior of this kind b. Engaged in negligent hiring c. Treated the employee as an independent contractor d. None of the above; the employer is never liable if an intentional tort has been committed
a. Ratified or condoned the employee's propensity to engage in behavior of this kind
_________ is the key aspect of the preventive law plan since it involves the actual reduction of risk. a. Risk control b. Risk retention c. Risk evaluation d. Risk assessment
a. Risk control
__________ means that your organization chooses to bear the financial consequences of an activity. a. Risk retention b. Risk control c. Risk elimination d. Risk transfer
a. Risk retention
OSHA has two primary regulatory functions, as follows: a. Setting standards and inspecting workplaces b. Inspecting workplaces and conducting health and safety research c. Setting standards and regulating the workplaces of public employees d. Supervising state safety boards and inspecting unsafe workplaces
a. Setting standards and inspecting workplaces
The essential elements of a workers' compensation claim require that a compensable injury must have occurred, the injury must arise out of employment, and: a. The injury was accidental b. The injury was severe c. The injury was not the fault of the employee d. The injury was intentionally inflicted
a. The injury was accidental
Which of the following is not a right granted by the National Labor Relations Act? a. The right not to join a union b. The right to engage in collective bargaining through representative of one's own choosing c. The right to engage in concerted activity for one's own mutual aid and protection d. The right to join or assist unions
a. The right not to join a union
The McDonnell Douglas burden-shifting test is the analytical framework for deciding employment-discrimination lawsuits under which of the following? a. Title VII b. ADEA c. ADA d. All of the above
a. Title VII
Which of the following prohibits employer retaliation against employees who seek justice when faced with discrimination? a. Title VII b. Title II c. Title I d. Both a and b
a. Title VII
List the three laws under which coaches of women's college athletics teams have brought suit for being denied equity in coaching salaries.
a. Title VII b. Title IX c. Equal Pay Act of 1963
Which of the following prohibits improper interference with existing contracts? a. Tortious interference with contractual relations b. Misrepresentation c. Contractual freedom d. Good faith and fair dealing
a. Tortious interference with contractual relations
Private methods for resolving disputes without going to trial are known collectively as which of the following? a. Privity of contract b. Alternate dispute resolution c. Discovery d. Depositions
b. Alternate dispute resolution
What is the burden of proof in a civil case, usually? a. Beyond a reasonable doubt b. By a preponderance of the evidence c. By clear and convincing evidence d. By absence of malice
b. By a preponderance of the evidence
What is the name of a one- or two-page summary that outlines key features of a case? a. Summary judgment b. Case brief c. Preliminary injunction d. Appellate brief
b. Case brief
Professional athletes' efforts to seek workers compensation benefits in states other than those in which they reside has been curtailed using which of the following types of contractual provision found in most player contracts? a. Mediation b. Choice of Law c. Transfer d. Home State Performance
b. Choice of Law
Which of the following possess the authority to interpret a constitution? a. Legislatures b. Courts c. Administrative agencies d. All of the above
b. Courts
Which of the following are the two theories of liability for employment discrimination under Title VII? a. Disparate ability and disparate treatment b. Disparate treatment and disparate impact c. Injunctive relief and pretext d. Inference and pretext
b. Disparate treatment and disparate impact
Which of the following is the practice in which employment has no specified duration and the employer may fire the employee at any time, for any reason or for no reason? a. An illegal employment practice b. Employment at will c. Inequitable employment d. Employment ambiguity
b. Employment at will
The EEOC's Enforcement Guidelines on Sex Discrimination in the Compensation of Sports Coaches in Educational Institutions indicate that the sex of the athletes being coached does not justify a salary disparity between the women's and the men's basketball coaches when the institution has done which of the following? a. Limited females to coaching only female athletes b. Paid female coaches less than male coaches c. Both a and b d. None of the above
c. Both a and b
Title VII may provide a remedy for discrimination on the basis of: a. Religious speech b. Observance of religious holidays c. Both a and b d. None of the above
c. Both a and b
When may a judge grant a preliminary injunction? a. When the plaintiff has a substantial likelihood of prevailing on the merits of the case and would suffer irreparable harm if the injunction was not granted. b. When issuing the injunction would not result in a greater harm being done to the defendant, nor would it adversely affect the public interest. c. Both a and b d. None of the above
c. Both a and b
Which of the following are advantages of a common law system founded on the principle of following precedent? a. Uniformity in the law and social stability b. Predictability of legal decision making, which provides guidance to the public regarding what is proper conduct c. Both a and b d. None of the above
c. Both a and b
In the area of sex discrimination, whom does Title VII protect? a. Only women b. Women from all forms of sex discrimination, but it protects men from salary inequity only c. Both men and women d. None of the above
c. Both men and women
Which of the following is the underlying question with regard to negligent retention? a. Did a manager hire an incompetent employee? b. Did an employee commit a tort within the scope of employment? c. Did a manager act reasonably in disciplining or discharging an employee who has engaged in misconduct? d. Was an independent contractor qualified to be selected to perform a particular function?
c. Did a manager act reasonably in disciplining or discharging an employee who has engaged in misconduct?
When a Black supervisor repeatedly taunted a Black employee by calling him "n*****" and referring to his Caucasian wife as "whitey," a court found which of the following about the employee? a. He had no legal recourse. b. He had a legitimate claim under Title IX. c. He had a legitimate claim under Title VII. d. He had a legitimate claim under the First Amendment
c. He had a legitimate claim under Title VII.
The approach to risk identification should be: a. Focused only on personal injury risks b. Focused only on property damage issues c. Holistic d. Piecemeal
c. Holistic
When might an organization may be vicariously liable for the actions of a volunteer? a. If the volunteer is being partially compensated b. If the volunteer is also an athlete c. If the organization exerts day-to-day control over the volunteer d. None of the above; the organization is never liable for the actions of a volunteer
c. If the organization exerts day-to-day control over the volunteer
The FLSA does not regulate nor require which of the following? a. Pay raises, fringe benefits, sick pay, or overtime pay b. Minimum wages, holiday pay, discharge notices c. Immediate payment of final wages or vacation time d. Record keeping, minimum wages, or rest periods
c. Immediate payment of final wages or vacation time
Management is not obligated to negotiate with the union over which of the following? a. Mandatory subjects b. Terms and conditions of employment c. Permissive subjects d. Health benefits provide to employees
c. Permissive subjects
Which of the following are the two types of sexual harassment recognized under Title VII of the Civil Rights Act of 1964? a. Caveat emptor and hostile environment b. Caveat emptor and sexual imposition c. Quid pro quo and hostile environment d. Quid pro quo and sexual imposition
c. Quid pro quo and hostile environment
Which clause restricts the ability of the employee to terminate the employment contract early or to take a comparable job with a competitor elsewhere? a. Liquidated damages b. Promissory estoppel c. Restrictive covenant (covenant not to compete) d. Punitive employment
c. Restrictive covenant (covenant not to compete)
Which of the following was a central issue in the Anderson v. Little League Baseball case regarding a first base coach who was confined to a wheelchair? a. That he was smart enough to coach Little League baseball. b. That he would give Little League baseball a bad image. c. That he posed a direct threat to the safety of others. d. That he would be exposed to harm
c. That he posed a direct threat to the safety of others.
The law that requires that women receive equal salaries as men for doing work that requires equal skill, effort, and responsibility, and that is performed under similar working conditions, is known as _____. a. Title VII b. Title IX c. The Equal Pay Act d. None of the above
c. The Equal Pay Act
According to the salary basis test for determining whether an employee is exempt as an administrative professional, which of the following must the employer demonstrate? a. The employee's salary is at least $23,660 b. The employee's duties are primarily involved in administrative business functions c. The employee is paid a set and fixed salary regardless of the number of hours actually worked d. The employee is paid on a fixed schedule, usually, every other week
c. The employee is paid a set and fixed salary regardless of the number of hours actually worked
What important changes occur in the workplace once a union has been certified as the exclusive bargaining representative for employees? a. The employer can decide at its discretion whether or not to bargain in good faith with the union b. Management has to represent its employees fairly c. The union has a duty of fair representation for all its members d. All of the above
c. The union has a duty of fair representation for all its members
The general rule of respondeat superior provides that an employer will be responsible for the acts of the employee so long as the acts are done _____. a. Within the discretion of the employee b. Outside the scope of employment c. Within the scope of employment d. None of the above; the employer is responsible for all acts of the employee
c. Within the scope of employment
According to the FLSA, what is the maximum working hours per week and minimum wage currently established in the United States? a. 44 hours; $6.50 per hour b. 42 hours; $5.85 per hour c. 40 hours; $7.00 per hour d. 40 hours; $7.25 per hour
d. 40 hours; $7.25 per hour
The formation of a contract has which of these four fundamental aspects? a. Offer, consideration, capacity, and authority b. Acceptance, capacity, authority, and integration c. Offer, rescission, authority, and capacity d. Agreement, consideration, capacity, and legality
d. Agreement, consideration, capacity, and legality
An appellate court has options in deciding on an appealed case. They can do which of the following? a. Reverse the lower court's decision b. Affirm the lower court's decision c. Remand the decision d. All of the above
d. All of the above
In order for a court to find that hostile environment sexual harassment has occurred, there must have been _____: a. Conduct of a sexual or gender-based nature that is repeated and pervasive b. Conduct of a sexual or gender-based nature that is unwelcome c. Mutual flirting or dirty jokes d. Both a and b
d. Both a and b
In the Borden locker room prayer case, the 3rd Circuit Court made which of the following decisions? a. It held that Coach Borden's silent participation (kneeling) in student-led team prayer was not protected speech because it was not a matter of public concern. b. It applied the Garcetti analysis to determine that, as a public school coach, Borden was speaking as an employee and thus had no First Amendment protection from his employer. c. It held that Borden's silent participation in student-led team prayer violated the Establishment Clause because it was an improper endorsement of religion. d. Both a and c
d. Both a and c
The basic issue with negligent hiring is whether a manager did which of the following? a. Acted as a reasonably prudent manager in choosing an employee b. Was vicariously liable for choosing an incompetent employee c. Breached the duty of care in hiring an unsafe and/or incompetent employee d. Both a and c
d. Both a and c
What should effective training programs do? a. Explain how the preventive law process enhances organizational core values b. Focus only on the administrative personnel in an organization c. Help employees understand the value of policies and procedures to an organization d. Both a and c
d. Both a and c
Your organization's preventive law plan should be: a. Focused on expending as few resources as possible b. Congruent with your organization's core values c. Used to make your organization more successful and competitive d. Both b and c
d. Both b and c
Why might the doctrine of vicarious liability impose liability on an employer for the actions of its employees? a. The employer has engaged in some wrongdoing. b. The employer receives the benefits of employees' work, so it should also bear the responsibility for employees' actions. c. The employer is in the best position to control employees and to procure insurance. d. Both b and c.
d. Both b and c.
__________ refers to the legal competence of a party to enter into a contractual relationship. a. Legality b. Consideration c. Integration d. Capacity
d. Capacity
An employee who worked at the Space Mountain Ride at Disney World and who had recently died her hair green and gotten it spiked wants to sue Disney Corp. for violating her First Amendment right of freedom of speech after the company fired her for violating their grooming code rule. Can she win this lawsuit? a. Yes, because half the U.S. Circuit Courts have ruled that grooming codes regulate only expression that is unimportant in nature. b. Yes, because Disney has more than 15 employees and thus the First Amendment applies to them. c. No, because half the U.S. Circuit Courts have ruled that grooming codes regulate speech that is protected under the First Amendment. d. No, because Disney is a private business.
d. No, because Disney is a private business.
______________ is a broader approach that looks at all risks that could affect an institution's financial health. a. Risk management b. Risk transfer c. Risk elimination d. Preventive law
d. Preventive law
Next to the court's holding, what is the most important information in a case opinion? a. Summary of the facts b. Citation information c. Case brief d. Rationale of the court
d. Rationale of the court
Which of the following is not a step in the grievance process? a. Employee discusses grievance with union rep/steward or reports directly to supervisor b. If union representative and employee agree grievance has merit, a formal written grievance is submitted c. The union representative and a management representative may try to resolve the grievance d. The grievance is brought before a court, which decides the case
d. The grievance is brought before a court, which decides the case
Which of the following is the reason why a Y's activities director may not ignore the cultural differences of her employees related to ethnicity or religion? a. The antidiscrimination laws are given greater weight in the context of recreational services b. The Fourth Amendment protects her employees c. Title IX protects her employees d. Title VII protects her employees
d. Title VII protects her employees
Many states have passed __________ statues providing that employees who report illegal activities allegedly committed by their employer shall not be subject to discrimination or retaliation by the employer. a. Good faith and fair dealing b. Non-reassignment c. Restrictive covenant d. Whistleblower
d. Whistleblower
Generally, it is acceptable for an all-female fitness center to hire only female fitness instructors based on indications of customer preference and on privacy concerns.
false
When the United States Supreme Court denies certiorari for an appeal from a U.S. Circuit Court decision, this means that the justices agree with the decision of that circuit court and are giving it their endorsement.
false
If a sport organization is going to use interns (without pay) in their operations, it should take care to do which of the following? a. Provide close supervision b. Have a formal agreement that acknowledges the interns are working without pay c. Provide the interns with professional development and other educational activities that are clearly more beneficial to the intern than the organization d. Provide the intern with actual hands-on experience e. Provide the intern with a job at the conclusion of the internship f. All of the above g. A thru C h. A thru D i. C thru E
g. A thru C
