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Question
Multiplication. Phyllis, who is 30 years old, works for We Add for You Accounting. Phyllis has worked there for a number of years and is considering quitting in order to spend more time with her three active triplets, Sunny, Fussy, and Perky. She asks her boss, Bolivar, about the pension plan at We Add for You. Her boss tells her that she has no entitlement to information until she is at least 60 years old. Phyllis also asks about retaining her medical insurance protection if she quits and is told that she would have no right to do so. Bolivar also throws in that he has been monitoring her conversations and that he particularly enjoys the conversations between her and her single female friends involving failed dating experiences. He asks her to keep those up. Phyllis tells him that her personal phone calls are none of his business. Bolivar says that he can listen if he wants because the phones are his. Phyllis ends up starting her own company called We Multiply for You, and makes much, much more money. (In answering the following questions, assume all federal laws apply and that any pension and medical plan qualifies for regulation under federal law.) Assuming Phyllis quits, which of the following rights does she have under federal law to retain benefits so long as the benefits are provided to employees who are still working?
A. None.
B. The right to retain the medical benefits indefinitely, so long as she pays for them along with the allowable administrative fee.
C. The right to retain the benefits for at least 12 months, with the cost born by the employer.
D. The right to retain the benefits for at least 18 months, with the cost born by the employer.
E. The right to retain the benefits for at least 18 months so long as she pays for the benefits along with the allowable administrative fee.
Answer
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Related questions
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Which is not an intention tort against one's economic interest?
A. Disparagement
B. Intentional interference with a contract
C. Unfair competition
D. Fraudulent misrepresentation
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Under which of the following situations does the tort of trespass to realty occur?
A. When a person causes an object to be placed on the land of another without the landowner's permission.
B. When a person stays on the land of another when the owner tells him to depart.
C. When a person refuses to remove something he placed on the property that the owner of the property asked him remove.
D. When a person causes an object to be placed on the land of another without the landowner's permission, when a person stays on the land of another when the owner tells him to depart, and when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
E. None of these because a person does not commit trespass to realty unless it can be established that the person initially entered the land of another without permission.
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Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?
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E. The Blog Protection Act of 2001.
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Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true?
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B. Robby's conduct constitutes an assault.
C. Robby's conduct constitutes both a battery and an assault.
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In which of the following is a category into which intentional torts are divided?
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Which of the following is true regarding the intent needed for an intentional tort?
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Define the term "criminal fraud" and discuss the three elements generally involved in establishing criminal fraud.
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List the elements the government must prove in order to establish bribery of a public official under the federal statute criminalizing that offense.
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A. felony
B. misdemeanor
C. petty
D. absolute
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Federal laws include rules passed by federal administrative agencies.
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The U.S. Constitution allocates power of the federal government between the executive and judiciary branches.
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Which of the following are rules regarding the internal operations of an agency?
A. Procedural
B. Interpretive
C. Legislative
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Congress created federal administrative agencies Congress through passage of what type of legislation?
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C. Statutory
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Which type of agency is generally defined as any body created by the legislative branch to carry out specific duties?
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C. A quasi-legal agency
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Independent agencies are governed by a senate committee appointed by the president.
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If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making that is required, a court will interpret the rule as requiring formal rule making.
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Administrative agencies have legislative, executive, and judicial powers.
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Set forth the steps involved in formal rule making.
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Disappointed Applicant. Polly, who had a regular driver's license to operate an automobile, decided that she really wanted to drive a tractor-trailer truck. She thought that it would be nice to earn money while seeing the country. Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck. While taking the test, in an effort to relieve stress, Polly was stretching her neck and looking around at the other nervous test takers. The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers. Her application to drive a tractor-trailer was denied. The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well. Applicable statutes provide as follows: (1) "the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2) "the DMV may refuse to issue a license to any person who has "committed any fraud in any application." Polly hears that you have just finished business law and asks for advice. She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated. The statutes setting forth the authority of the agency are called ______ statutes.
A. enabling
B. authorization
C. enforcement
D. dedicated
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A. Enabling legislation
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DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission and that in any event, action by an agency is always upheld. Which of the following would have reached the decision at her hearing before the administrative agency?
A. An adjudicative law judge
B. An administrative law judge
C. A federal court judge
D. A superior court judge
E. A jury
Q:
DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that, in any event, action by an agency is always upheld. Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?
A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.