1.Bookmark question for later

Which of the following situations would not substantiate a tort claim of infliction of emotional distress?

oBehavior that a reasonable person would find distasteful

oRepetitive offensive behavior

oOffensive behavior when a duty of care is owed

oOffensive behavior when a person is feeling especially vulnerable

2.Bookmark question for later

While on a hike with a tour group in the mountains, Derek gets mauled by a bear. No previous reports of bears in the area had been made.Derek wants to hold the tour company liable for his injury. Which of the following is most likely true?

oThe company is not at fault because it does not owe Derek a duty of care.

oDerek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack.

oBecause most people would not expect something as dangerous as a bear encounter while on a hike, an assumption of risk defense will probably not protect the tour company.

oDerek assumed the risk of a bear attack by joining the tour group, so he cannot hold the tour company liable.

3.Bookmark question for later

Eleanor often borrows her roommate's car without permission because she does not have one of her own. One day, Eleanor goes on a joy ride on rocky terrain and gets a flat tire. Eleanor refuses to replace the tire because she does not own the car. Which of the following is true?

oEleanor may be held liable under a tort because roommates have a legal expectation of compensation for damaged possessions.

oEleanor may be held liable under a tort because the owner can no longer use the car

oBecause Eleanor had permission to use the car, she has not committed a tort

oBecause Eleanor does not own the car, she has not committed a tort

4.Bookmark question for later

Eduardo is working his way up the ladder in the world of amateur boxing. He makes a stinging (and false) remark about his next opponent on TV by saying that his opponent is a coward whopractices boxing by beating up his wife. Which of the following is true?

oEduardo is being defamatory because his remarks may harm his opponent's reputation.

oEduardo is being defamatory because the information he published is most likely true.

oEduardo is not being defamatory because it is obvious that the statement must be false.

oEduardo is not being defamatory because his remarks are statements of opinion only.

5.Bookmark question for later

Jennifer took a video recording of Jack and Alice fighting in an alley. Jack and Alice disclose multiple private facts about each other through the course of the argument. Jennifer posts the fight on the internet. Which of the following is true?

oJack and Alice can make a tort claim against Jennifer for public revelation of private facts.

oJack and Alice can make a tort claim against Jennifer for false light.

oJack and Alice can take no action, because Jennifer is not a professional videographer.

6.Bookmark question for later

Felipe is an illegal immigrant seeking work in the U.S. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant:

oFelipe cannot be deported, but the employer can be punished.

oFelipe cannot be deported, and the employer will not be punished.

oFelipe can be deported, and the employer can be punished.

oFelipe can be deported, and the employer will not be punished.

7.Bookmark question for later

Marley goesoutside the duties of her agencyin negotiating a business contract between her principal and a customer. Which of the following is true?

oIf the principal disavows the contract Marley made, it still must pay for the work.

oThe principal is required to ratify the contract Marley made, and also to pay her for her work.

oEven if the principal ratifies the contract Marley made, it does not have to pay her for the work.

oIf the principal ratifies the contract Marley made, it must pay her for the work.

8.Bookmark question for later

Alfonso prefers only to hire Latino workers his auto body shop because they "fit in" easier with his12 employees. During a busy season, Alfonso hiresthree extra workersto help keep up with business, then lets them go when the busy season is over.Which true statement best suits this situation?("Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.)

oAlfonso may not discriminate, no qualifier or condition can enable him to discriminate in his hiring practices

oAlfonso may discriminate, no qualifier or condition can change his ability to discriminate in hiring

oAlfonso may discriminate, specifically because of the type of business involved in the scenario

oAlfonso may not discriminate, subject to time lapse

9.Bookmark question for later

Kenzie is a broker agent hired to make a deal for the purchase of an office building. Kenzie sells the building.

What is the result related tothe status of the agency?

oAgency is not terminated

oAgency is terminated by law

oAgency is terminated by incapacity

oAgency is terminated by fulfillment

10.Bookmark question for later

Megan's boss is out of town. While she is gone, the company receives a critical tax bill from the state that must be paid immediately. Megan does not have authority to pay bills, but arranges for the company to pay the bill anyway. Which response best fitsthe situation - is the payment of the bill enforceable?

oEnforceable via employee agent

oUnenforceable; There is no agent relationship

oUnenforceable even with the employee as an agent

oEnforceable via factor agent

11.Bookmark question for later

Which statement corresponds to thisspecific situation?

Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is "too old to keep up with the rest of the group."

oEmployer may legally discriminate based on number of employees

oEmployer may legally discriminate based on BFOQ

oEmployer may legally discriminate because the law doesn't apply to this situation

oEmployer may not legally discriminate

12.Bookmark question for later

Orlando's business wants to enact an affirmative action plan. Which of the following would not be a part of the process?

oFiring majority workers who perform the least well.

oDetermining why using an AA plan might be necessary or wise

oReviewing the current workforce

oSetting a timeframe for when the business plans to achieve a certain percentage of minority workers

13.Bookmark question for later

Which statement matches the following scenario?

Joy is a supervisor over Elias. She repeatedly solicits sexual behavior from Elias and does other inappropriate actions that a reasonable person would find offensive. Elias has not solicited the behavior and finds it unwelcome. Joy never imposes a tangible job action against Elias.

oNot guilty of sexual harassment, no qualifier

oGuilty of quid pro quo sexual harassment

oGuilty of hostile work environment sexual harassment

oNot guilty of sexual harassment, dependent on harassee

14.Bookmark question for later

Tiana runs an employment agency distributing work assignments toseveral dozen workerswho then work for whatever employer they are assigned to.Which true statement best suits this situation?("Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.)

oTiana may not discriminate, subject to time lapse

oTiana may discriminate, and no qualifier or condition will affect her ability to discriminate

oTiana may discriminate, subject to type of business she runs.

oTiana may not discriminate, and no qualifier or condition will enable her to discriminate

15.Bookmark question for later

Which statement matches the following scenario?

Layne is romantically interested in his employee, Brenda. He has asked her out a few times, but Brenda has turned him down.

oNot guilty of sexual harassment

oNot guilty of sexual harassment, depending on how Brenda feels

oGuilty of quid pro quo sexual harassment

oGuilty of hostile work environment sexual harassment

16.Bookmark question for later

Ella makes minimum wage. Her job title is "System Assembly Supervisor." She primarily spends her workday putting together electronic components. She is asked to work more than 40 hours this week to meet a deadline. Is Ellaeligible for overtime pay?

oElla cannot be paid overtime

oElla must be paid overtime

17.Bookmark question for later

Read the scenario and determine what result the law requires.

The union at Cherry's firm is on strike because it wants higher wages. During the strike, management hires a new person to take Cherry's place. When the strike finally ends, Cherry wants her job back. Which of the following is true?

oCherry may not receive her job back

oCherry must receive her job back

18.Bookmark question for later

Read the scenario and determine what result the law requires.

The union at Elsa's firm is on strike because the company has not been following OSHA safety standards. During the strike, management hires a new person to take Elsa's place. When the strike finally ends, Elsa wants her job back.

oElsa may not receive her job back

oElsa must receive her job back

19.Bookmark question for later

Training opportunities are what kind of a bargaining subject?

oIllegal bargaining subject

oPermissive bargaining subject

oMandatory bargaining subject

20.Bookmark question for later

Fill in the blank that completes the statement.

Al's Fine Winery has had workers attempting to band together to form a union. Al's wants to avoid letting the workers gain too much power by eliminating new workers' option to join a union at all. Al's will likely utilize ____________.

oYellow dog contract(s)

oFederal injunction(s)

oCriminal conspiracy law(s)

oAntitrust law(s)

21.Bookmark question for later

Fill in the blank that completes the statement.

Alonzo's Crooked Cake Shop has had workers attempting to unionize in order to be able to work fewer hours per week. Alonzo's argues in court that because there is only one other cake shop in the region, a strike and other union activities would disrupt competition in the cake business. Alonzo's is using __________ to prevent union activities.

oFederal injunction(s)

oAntitrust law(s)

oCriminal conspiracy law(s)

oYellow dog contract(s)

22.Bookmark question for later

For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Vicente works at a factory. While he is working, a coworker negligently trying to spin donuts in a forklift runs into him, causing an injury to both workers.

oVicente will not be covered

oVicente will be covered

23.Bookmark question for later

Darlene and her friends get together for lunch after work. While at lunch, the friends discuss what they can do to solve the problem of excessive overtime at work. Which of the following is true?

oDarlene and her friends are engaging in concerted activity only if they are union members.

oDarlene and her friends are not engaging in concerted activity because they don't plan to talk to management about the problem.

oDarlene and her friends are not engaging in concerted activity because they are not in a union meeting.

oDarlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions.

24.Bookmark question for later

For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Ginger works at a shop as a mechanic. One day at work, a fellow employee is pinned under a car when a jack fails. Ginger rushes over to help, and while trying to lift the car suffers a stroke.

oGinger will be covered

oGinger will not be covered

25.Bookmark question for later

Cathy works in a welding shop. While working one day, a pipe falls from scaffolding above and lands on her head, injuring her. Cathy complains to OSHA, but the company argues that because it has a "watch out for falling pipe" sign in the workplace that it gave fair warning. It also says that if Cathy wasn't wearing a hardhat,she is responsible for her own injury. Which of the following is true?

oOSHA rules can hold Cathy's employer responsible for not maintaining a hazard-free workplace.

oCathy's employer may not be held liable for her injury if it fulfilled compliance and general duty requirements.

oCommon law rules could hold Cathy responsible for her own injury.

oMore than one answer is correct.

26.Bookmark question for later

For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Noel is on break at work and is bored. He climbs up on a conveyer belt and comically uses it as a treadmill. He slips on the belt and falls down, and his hand gets stuck in the belt and is injured. Noel's actions are typical, and his employer knows that he usually engages in this kind of behavior.

oNoel will not be covered

oNoel will be covered

27.Bookmark question for later

Which of the following was an effect of Norris LaGuardia?

oProhibition against eliminating unions

oEnforcement of federal injunctions

oProhibition against concerted activity

oPrioritization of employment to a worker over a worker to his or her business

28.Bookmark question for later

Ozzy recently started working at a new company. He has been solicited several times to join the union of the company, but he would prefer not to. The union officials tell Ozzy that he won't be allowed to keep working unless he joins the union. Which of the following is true?

oThe union can't make Ozzy join the union, but it can require him to pay union dues.

oThe union officials are pretending they have a closed shop and can't influence Ozzy's decision.

oOzzy's requirement to join the union depends on his state of employment.

oOzzy must now join the union because union shops are always legal.

29.Bookmark question for later

Gordon has already worked 40 hours this week and is asked to come in to work again. Gordon is a manager who constantly has to make decisions about the business's operation. Is Gordoneligible for overtime pay?

oGordon cannot be paid overtime

oGordon must be paid overtime

30.Bookmark question for later

Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?

oBuster cannot take any more leave if he has also used up his sick leave and vacation days.

oBuster cannot be fired for reasons aside from his need to take leave.

oBuster's employer can fire him because he wants to take more leave.

oBuster is entitled to the leave he is asking for.