Place a T for True or an F

1. _____ Negligence is an intentional tort.
2. _____ To determine if there is a proximate cause, you must apply the "But For" test.
3. _____ If I can prove the assumption of the risk, this acts as a bar to recovery in a negligence claim.
4. _____ In a strict liability claim, there is no need for a showing of privity.
5. _____ A duty to warn is a claim under strict liability.
6. _____ If I hold a life estate I may possess a piece of property for the life of a third party.
7. _____ As an owner of a condominium, I own a unit in a building and an undivided interest in the land.
8. _____ If I hold an easement, I have an irrevocable right to enter onto the land of another for a particular purpose.
9. _____ A bailment occurs when one party transfer ownership of a piece of personal property to another party for a specific period of time and for a specific purpose.
10. ____ A patent may be issued as soon as an invention is in tangible form.
11. ____ A trademark is a tangible property right.
12. ____ A provisional patent is issued to allow the inventor of a product the time to complete the full patent application.
13. ____ A Collective Membership Mark is issued to groups like the Boy Scouts of America to protect their name.
14. ____ Actual authority includes express and implied authority.
15. ____ An independent contractor is hired to do a specific job for a specific period of time and is controlled by the principal.
16. ____ If a principal accepts the unauthorized acts of their agent, this is known as ratification.
17. ____ A Limited Liability Company is taxed as a corporation.
18. ____ A sole proprietor may bring in a partner to the sole proprietorship.
19. ____ A Limited Partner has unlimited liability for the debts of the limited Partnership.
20. ____ The CEO of a corporation runs the day to day operations of a corporation.
21. ____ A shareholder may not be a director of a corporation.
22. ____ A person who is exempt under the Wage & Hour laws may work more than 40 hours a week and not be entitled to overtime pay.
23. ____ A man has the same rights under the Family Medical Leave Act as a woman to take maternity leave for the birth of a child.
24. ____ A noncitizen is never authorized to work in the US.
25. _____ In order to claim employment discrimination, a party must prove disparate treatment, a disparate impact, or harassment.

part 2 ;

19) If I own a piece of real estate with my wife, my ownership will be as

a) I cannot own property with my wife

b) Tenants in Common

c) Tenants by the Entirety.

d) A Life Estate.

20) An employee who receives a majority of their income from tips:

1. Is subject to the Fair Labor Standards Act and must receive $7.25 per hour
2. Is subject to the Fair Labor Standards Act and must receive a minimum of $15.00 per hour.
3. Is subject to the Fair Labor Standards Act but may be paid a reduced hourly wage as the majority of their income will come from tips.
4. Is exempted from the Fair Labor Standards Act and need not be paid any hourly wage; as they will receive their income from tips.

21) Unemployment Compensation was designed to compensate employees who lose their jobs:

1. Due to being fired for cause.
2. Due to being laid off from work.
3. Due to being permanently injured on the job.
4. Due to having a child.

22) Which of the following would not be covered under the Family & Medical Leave Act of 1993?

1. The birth of a child
2. The death of a spouse
3. The adoption of a child
4. A serious health condition that makes it impossible for the employee to perform any of the essential functions of their job

23) The Equal Pay Act of 1963 was designed to prevent unequal pay based upon:

1. Age
2. Sex
3. Gender
4. Race
5. All of the Above
6. None of the Above

24) Disparate Treatment under the Civil Rights Act of 1964 occurs when a person is treated differently based upon:

1. Qualifications
2. Age
3. Sex
4. Race
5. Years on the job
6. A & B
7. B, C, & D
8. B & E

25) An employer with 15 or more employees must make reasonable accommodation for an employee with a disability under the:

1. The Rehabilitation Act of 1973
2. The Americans with Disability Act of 1991
3. The Civil Rights Act of 1964
4. The Family Leave Medical Act