Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth's drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf. Whichdefense most likely appliesto this situation?(Whether or not the defense will work is not relevant.)

• Involuntary Intoxication
• Duress
• Mistake of Fact

Rebekahunknowinglygrows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana,strict liabilitywould infer that:

• Rebekah is liable even though she had no illegal intent
• Rebekah is not liable if someone else was witnessed planting the marijuana
• Rebekah is not liable because she had no illegal intent
• Rebekah is liable only if she was found to be negligent in not recognizing the marijuana

Penny is seen organizing racks at a local clothing store one day while she shops, and the manager offers her a job. The next day, Penny's boss from the clothing store across the street comes in and accuses the manager of trying to interfere with Penny's non-competition agreement. Which of the following is true?

• The manager has done nothing wrong because non-competition agreements are never used in clothing retail.
• The manager has interfered with a contractual relationship and will be liable for interfering with a contractual relationship.
• The manager is guilty of interference with a business relationship.
• The manager has done nothing wrong because she did not know about the non-competition agreement.

Which of the following would be considered a situation oflegalemployment discrimination?

• Meryl, who has a disability, is rejected from a job position because she doesn't have a certification for the job she would be doing.
• Rene, who has a disability, is rejected from a job position because another candidate did not have a disability.
• Charlie, who does not have a disability, is rejected from a job position because the employer thinks he has a disability.
• Sheryl, who has a disability, is rejected from a job position because the employer would have to pay for an accommodation.

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.

• Not guilty of sexual harassment, no qualifier
• Guilty of quid pro quo sexual harassment
• Guilty of hostile work environment sexual harassment
• Not guilty of sexual harassment, dependent on harassee

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:

• Felipe can be deported, and the employer can be punished.
• Felipe cannot be deported, and the employer will not be punished.
• Felipe can be deported, and the employer will not be punished.
• Felipe cannot be deported, but the employer can be punished.

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

• Firing majority workers who perform the least well.
• Reviewing the current workforce
• Setting a timeframe for when the business plans to achieve a certain percentage of minority workers

Determining why using an AA plan might be necessary or wise

Penn commits a tort while acting in the interest of her undisclosed principal.

Who is responsible or liable?

• Principal and agent
• Agent only
• Principal only

Phineas is an agent assigned to scout out professional players for a football team. One player he brings in has a drug problem, which Phineas knows about but does not disclose to the hiring team. If the player is selected, which of the following is true?

• Phineas has not breached a duty to his principal.
• Phineas has breached more than one of his duties.
• Phineas has breached his duty of performance only.
• Phineas has breached his duty of notification only.

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

• If the principal ratifies the contract Marley made, it must pay her for the work.
• Even if the principal ratifies the contract Marley made, it does not have to pay her for the work.
• The principal is required to ratify the contract Marley made, and also to pay her for her work.
• If the principal disavows the contract Marley made, it still must pay for the work.

Which statement corresponds to thisspecific situation?

Virgil and Suzanna both workat a businesswith 50 employees. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. When the company need to downsize, Virgil is fired but Suzanna is retained.

• Employer may legally discriminate against Virgil because the ADEA doesn't protect him in this situation.
• Employer may not legally discriminate.
• Employer may legally discriminate against Virgil based on BFOQ.
• Employer may legally discriminate against Virgil based on number of employees.

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?

• Agency is terminated by incapacity
• Agency is not terminated
• Agency is terminated by law
• Agency is terminated by fulfillment

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.)

• Alfonso may not discriminate, subject to time lapse
• Alfonso may discriminate, specifically because of the type of business involved in the scenario
• Alfonso may discriminate, no qualifier or condition can change his ability to discriminate in hiring
• Alfonso may not discriminate, no qualifier or condition can enable him to discriminate in his hiring practices

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?

• Buster is entitled to the leave he is asking for.
• Buster's employer can fire him because he wants to take more leave.
• Buster cannot take any more leave if he has also used up his sick leave and vacation days.
• Buster cannot be fired for reasons aside from his need to take leave.

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.

• Ginger will be covered
• Ginger will not be covered

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?

• Ozzy must now join the union because union shops are always legal.
• Ozzy's requirement to join the union depends on his state of employment.
• The union can't make Ozzy join the union, but it can require him to pay union dues.
• The union officials are pretending they have a closed shop and can't influence Ozzy's decision.

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?

• Darlene and her friends are engaging in concerted activity only if they are union members.
• Darlene and her friends are not engaging in concerted activity because they are not in a union meeting.
• Darlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions.
• Darlene and her friends are not engaging in concerted activity because they don't plan to talk to management about the problem.

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?

• Ella must be paid overtime
• Ella cannot be paid overtime

Maddox is Gordon's 17-year-old son. He is a whiz at repairing machines and is employed doing so at the factory full-time during the summer. He has already worked 40 hours this week, but some machines still need repaired. Is Max eligible for overtime pay?

• Maddox must be paid overtime
• Maddox cannot work overtime

Training opportunities are what kind of a bargaining subject?

• Permissive bargaining subject
• Illegal bargaining subject
• Mandatory bargaining subject

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.

• Elsa may not receive her job back
• Elsa must receive her job back

Which of the following was an effect of Norris LaGuardia?

• Prohibition against concerted activity
• Prioritization of employment to a worker over a worker to his or her business
• Enforcement of federal injunctions
• Prohibition against eliminating unions

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?

• Common law rules could hold Cathy responsible for her own injury.
• OSHA rules can hold Cathy's employer responsible for not maintaining a hazard-free workplace.
• More than one answer is correct.
• Cathy's employer may not be held liable for her injury if it fulfilled compliance and general duty requirements.

Cynthia is a union member at her company. She files a complaint against the union because of what she feels is an unfair rule. Which of the following is true?

• Cynthia cannot complain to the union, but she may sue it instead.
• Cynthia can only file a complaint through the union's grievance procedures; she cannot sue it.
• Cynthia may sue the union if her complaint to the union through its grievance procedures doesn't resolve her problem.
• Cynthia can have her union membership stripped from her whether she sues the union or chooses to follow a complaint through the union's grievance procedures.

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?

• Cherry may not receive her job back
• Cherry must receive her job back

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.

• Vicente will not be covered
• Vicente will be covered

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.

• Yellow dog contract(s)
• Federal injunction(s)
• Criminal conspiracy law(s)
• Antitrust law(s)

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 ____________.

• Criminal conspiracy law(s)
• Federal injunction(s)
• Antitrust law(s)
• Yellow dog contract(s)