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QUESTION 1 2 points Save Answer Xiaobing applies for a job at O'Connor Industries, for which she is well qualified. She passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Xiaobing is rejected. O'Connor continues to seek applicants. To successfully defend itself against Xiaobing's suit, O'Connor must show that O a. statistically the practice in question is discriminatory in effect. O b. the employer feared it would be sued if it used the test results. O c. the practice in question was justified. O d. any discriminatory effect was unintended. QUESTION 2 2 points Save Answer Brad and Angelina are employees of Moore Corp. Under the Equal Pay Act, EcoCrop can legitimately pay different wages on the basis of O a. gender. b. seniority. O c. substantial equality of skill, effort, and responsibility. O d. job descriptions.QUESTION 3 2 points Save Answer Tim and Ted work for IceCreamCorp. Both are hetersexual or "straight." Tim calls Ted, "sugar" and "sweetie" and pats him on his rear end regularly. Ted has told Tim he doesn't like it but Tim contiues. Ted O a. cannot bring a same-sex harassment claim because Tim is straight. O b. cannot bring a same-sex harassment claim because the courts do not recognize same-sex harassment. O c. can bring a lawsuit for same-sex sexual harassment. O d. cannot bring a same-sex harassment claim because Ted is straight. QUESTION 4 2 points Save Answer Michelle is the only female employee in the her workplace. Her supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is O a. a harassing discharge on the basis of treatment discrimination. O b. a constructive discharge on the basis of gender discrimination. O c. a voluntary discharge on the basis of impact discrimination. O d. none of the choices.QUESTION 5 2 points Save Answer Cary is Tim's supervisor. The owner of the company just announced that some employees will be laid off due to budget cuts. Cary tells Tim that for sexual favors, she will recommend that he not be laid off. This is O a. quid pro quo harassment. O b. not harassment. O c. harassment on the basis of sexual orientation. O d. hostile-environment harassment. QUESTION 6 2 points Save Answer Samantha was a delivery person for the New York Times. Samantha crashed her car into Ms. Santiago who sued Samantha and the New York Times. The New York Times will be liable for the damages if Samantha was O a. an independent contractor b. an employee O c. on a frolic O d. intoxicated while driving QUESTION 7 2 points Save AnswerQUESTION 7 2 points Save Answer IrishTaters makes genetically modied potatoes that are identical to IdahoSpuds modied potatoes without Idaho's permission. This is most likely O a. patent infringement. O b. trademark infringement O C. copyright iningement. Q d. not infringement. QUESTION 8 2 points Save Answer A patent will give the owner of the patent exclusive rights O a. for ten years. 0 b. for twenty years. 0 c. until the next software upgrade on the product. Q d. for the life of the owner plus seventy years. QUESTION 9 2 points Save Answer Ginger works for Skipper, Inc. using sharp blades to cut pieces of pipe. The employer will be required to give Ginger protective gear under which law? 0 at Occupational Safety and Health Act 0 b. Worker Protection Act 0 c. Family Medical Leave Act 0 d. Medicare/Medicaid Act If Carter files a workers' compensation claim, Carter O a. must use the in-house medical staff at the employer. O b. may not seek medical treatment for the injury. O c. must not discuss the injury with the employer until after the claim is paid. O d. may not sue the employer for negligence. QUESTION 11 2 points Save Answer Satomi indicates that she is acting as an agent on behalf of an unidentified client-Deaton, LLC-when she enters into a contract with Mccoy. Deaton is O a. a disclosed principal. O b. a partially disclosed principal. O c. an undisclosed principal. O d. an apparent agent. QUESTION 12 2 points Save Answer Linus hires Mieko to act as his agent to purchase Ngoc's Southeast Asian Buffet. Linus tells Mieko to reveal only that she is buying the restaurant on behalf of a third party, without telling Ngoc's seller who that third party is. Linus is O a. an undisclosed principal. O b. a disclosed principal. O c. a partially disclosed principal. d. not a principal.QUESTION 13 2 points Save Answer Manu Company employs Sally as an agent. To terminate Sally's authority, Manu must notify O a. the public generally. O b. Sally and any third parties who are aware of the agency relationship. O c. only third parties who are aware of the agency relationship. O d. Sally only. QUESTION 14 2 points Save Answer Maui Kai Corporation hires Kainoa Associates to sell several condominiums in a building on Hawaii's Big Island. The agency will terminate O a. if the prices of the condos must be reduced to sell them. O b. once Maui Kai obtains insurance to cover the property. O c. when Maui Kai pays Kainoa its first commission. O d. after the condos have been sold. QUESTION 15 2 points Save Answer Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). To succeed with an age-discrimination claim against MVMC, Lomax will have to show that O a. Lomax is qualified for his job. O b. Kyla is not qualified for Lomax's job. O c. no one could do Lomax's job as well as he could. O d. MVMC's qualifications for Lomax's job are too high.QUESTION 16 2 points Save Answer Katrina believes that she was rejected for a position on the basis of her race. She files a suit against the company under Title VII of the Civil Rights Act. To establish a prima facie case of employment discrimination, Katrina must show all of the following except that O a. she is a member of a protected class. O b. she was rejected for a position. O c. she applied and was qualified for the job in question. O d. other persons of her race hold similar positions with similar employers. QUESTION 17 2 points Save Answer Garrett applies for a job at Ashcroft LLC for which he is qualified, but for which he is rejected. The employer continues to seek applicants and eventually fills the position. To succeed in a suit against Ashcroft for discrimination under the Americans with Disabilities Act, Garrett must show that he O a. has a disability but can function with certain mitigating measures. O b. is willing to reasonably accommodate the employer's needs. O c. was not hired solely because of a disability. O d. suffers from a disability that causes her undue hardship. QUESTION 18 2 points Save AnswerTim's Tool Company employs Gina. When hired, Gina gets an employee handbook that has a section titled, "annual reviews" and "annual bonus assessments. " If Tim's fires Gina after six months for no reason her best argument that her employment is not "at will" is that O a. she has an implied contract. O b. her termination would violate public policy. O c. none of the choices. O d. her termination is a wrongful discharge. QUESTION 19 2 points Save Answer Lauren is an employee at Jensen's Food Mart. Lauren has to miss work one day because of jury duty. Even though Lauren notifies Jensen's, she is fired for not showing up for work. She successfully sues Jensen's for reinstatement. With respect to the employment-at-will doctrine, this is O a. an exception based on public policy. O b. an exception based on contract theory. O c. an example of the doctrine. O d. an exception based on tort theory. QUESTION 20 2 points Save Answer Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration O a. is renewable every ten years. O b. is renewable every twenty years. O c. runs for the life of the corporation plus seventy years. O d. runs forever.QUESTION 21 2 points Save Answer Dylan Inc. allows Cole Company to use Dylan's trademark as part of Cole's domain name. This is O a. cybersquatting. O b. trademark dilution. O c. a likelihood of consumer confusion. O d. a license. QUESTION 22 2 points Save Answer Brandi Corporation allows Miller Company to use Brandy's trademark as part of its company advertising. This is O a. a license. O b. trademark dilution. O c. trademark infringement. O d. likely to confuse consumers. QUESTION 23 2 points Save Answer Katie is an alcoholic who has completed a supervised substance-abuse rehabilitation program. Justin is morbidly obese. Jayce has heart disease. Considered to have a disability under the Americans with Disabilities Act is O a. Justin. O b. Jayce. O c. Katie. O d. all of the choices.Wayne replaces harm in his Job at mange Brew, Lo. harmbelieves that he has been discriminated against on the bass or his age. km the Age Discrimination in Employment Act of 1967 to apply 0 a. Wayne must he forty years of age or younger. O [3- Wayne must he forty years of age or older. 0 C- Garth must be forty years of age or older. 0 d. Garth must have been Strange Brew's employee for at least forty years. QUESTION 25 2 points Save Answer Hansel and Greta are employees of National Association of Unicorns, Inc.(NAU). NAU violates the Equal Pay Act if it pays different wages on the basis of O a. merit. O b. job descriptions. O c. substantial equality of skill, effort, and responsibility. 0 d. gender. QUESTION 26 2 polnts Salve Answer Based on Betty's conduct, Veronica reasonably believes that Kevin has the authority to act on Betty's behalf even though Kevin does not have the actual authority to do so. In this circumstance, Kevin has 0 a. no authority. O b. express authority. 0 c. apparent authority. 0 d, imnlia'l authnritv