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Q:
Residency tests are generally permissible in private industries.
Q:
Pre-employment medical exams are invalid because of the ADA.
Q:
Aptitude tests may be biased against minorities, but not women.
Q:
Gender aptitude tests may be safely used by all employers.
Q:
Advertisements for "recent college graduates" are generally found to be in violation of ________ Act.
Q:
________ was enacted in 1978 to provide council in the selection process to avoid infringement of Title VII.
Q:
If an employee is hired and causes injury to another, the employer may be guilty of ________.
Q:
________ is the hiring of family members.
Q:
The following acceptable class advertisements may be used by employment agencies
a) "returning vets" after a war
b) "laid-off auto workers"
c) "recent college graduates" at graduation time
d) none
e) all
Q:
Jim Williams is the owner of a Red Hot pizza franchise. He hires Paul Stanton to deliver pizzas. Stanton does not have a criminal record. If Stanton robs a woman to whom he is delivering a pizza,
a) Red Hot is liable
b) Franchisee Williams is liable
c) Both are liable
d) Neither is liable
Q:
Legitimate reasons why some groups are promoted less are
a) travel requirements
b) longer hours
c) family commitments
d) a&b
e) all
Q:
An applicant for a day care center may be questioned about
a) marital status
b) number of children
c) ability to get along with others
d) all
e) none
Q:
Giant Department Store is hiring a security guard. Giant wishes to investigate applicants' criminal records. Which of the following convictions may they look into?
a) robbery
b) larceny
c) rape
d) a&b
e) all
Q:
An employer can specify "recent college graduates" in employment ads
a) at any time
b) at graduation
c) never
d) it is unclear
Q:
The term selection procedure encompasses
a) aptitude testing
b) physical evaluation
c) education
d) b&c
e) all
Q:
Investigating past criminal records may be done upon a showing of a justifiable business necessity.
Q:
An employer has no right to investigate an employee's background for past criminal records.
Q:
Discrimination is not permissible based on education and communication skills.
Q:
An employment agency may use the language "recent college graduates" in an employment ad around the time of graduation.
Q:
An employer can specify "recent college graduate" only in an employment ad.
Q:
Firms who recruit exclusively at predominantly white male schools may be practicing discrimination.
Q:
Promotions from within the company can not be considered discriminatory.
Q:
Nepotism is not permissible.
Q:
An employer can be guilty of negligent hiring.
Q:
Discrimination is possible in the selection process.
Q:
A ________ clause allows an employee to work for a competitor, but restricts the disclosure of certain information.
Q:
An employer is liable for the torts committed by his or her employee if the tort is committed within the ________.
Q:
________ is the approval given by the employer to the unauthorized acts of an employee.
Q:
________ is an omission to act which proximately causes injury to another.
Q:
An ________ prevents a party breaching a contract from rendering the same performance elsewhere.
Q:
When a person changes his or her position in reliance on a promise, the person making the promise will be stopped from asserting that there is no consideration to enforce the contract. This is known as the doctrine of ________.
Q:
In Case 1.3, Douglas Schultz v . Capital International Security, Incorporated, the employer claimed the workers were independent contractors because the employer did not want to a) pay benefits b) overtime pay c) withhold taxes d) be liable for the workers' actions.
Q:
In Case 1.6, DCS Sanitation Management v. Eloy Castillo,a) the court would not enforce the noncompetition clause because it would stop the employee from working in his field of expertiseb) the employees posed no threat of monetary harm to the employerc) the employee would be prevented from using information that belonged just to his employer for his own use or for the use of his new employerd) alle) a and b
Q:
Once the employer approves the unauthorized acts of the employee and this is communicated to the third person, can the employer change his or her mind?
a) Yes
b) No
Q:
If Dereck Jeter while under contract decided to switch from the Yankees to the Mets, the Yankees best remedy would be
a) specific performance
b) injunction
c) rescission
d) money damages
Q:
In #19, Steven is entitled to ________.
a) injunction
b) $40,000
c) loss of profits
d) a & b
e) a & c
Q:
Herb, an oral surgeon, is employed to work in Steven's oral surgery practice subject to a restrictive covenant for five years with a $40,000 bond to secure it. The next year Herb opens his own office across the street where he practices dentistry and oral surgery. In a lawsuit brought by Steven, Herb will be enjoined from practicing ________
a) dentistry
b) oral surgery
c) both
d) neither
Q:
When a physician performs an operation, this would be considered what type of contract?
a) real property
b) sales
c) personal service
d) none of the above
Q:
If an employee acts without authority and a third person justifiably relies on the employee's authority, this is called:
a) actual authority
b) apparent authority
c) implied authority
d) none of the above
Q:
Employers do not pay employees for their lunch break because employers do not want to be liable to employees or third parties for injuries or damages that happen during lunchtime.
Q:
An independent contractor is under the direct control of the person hiring him/her.
Q:
An employee will be personally liable to the third party when he or she acts without actual or apparent authority.
Q:
An employee is always liable for the intentional torts he commits even if the torts were committed during the scope of employment.
Q:
An employer is liable for the intentional torts of its employee regardless of whether the torts were committed during the scope of employment.
Q:
A non disclosure clause allows an employee to work for a competitor, but restricts the disclosure of certain information.
Q:
A non compete clause which restricts competition throughout an entire city would be acceptable.
Q:
A non compete clause which restricts competition throughout the U.S. would be too broad.
Q:
The original Bond is back with Sean Connery contracting to play 007 in Never Say Never Again. If Connery refused to play the part and left to act in another film, the producer, could get an injunction.
Q:
An injunction can never be granted in personal service contracts.
Q:
An employer will be liable to an employee for any injuries sustained because of tools or equipment that were not in proper working order.
Q:
An employee is entitled to the reasonable value for services performed if no fee was agreed upon.
Q:
An employee may keep funds received in his or her own account so long as he or she keeps an accurate record to justify it.
Q:
An employment relationship is a fiduciary one, based on trust and confidence.
Q:
Implied authority is the authority the employee professes to have which induces a reasonable person to believe in the employee.
Q:
An employee and an independent contractor may be the same.
Q:
An employer has direct control over the work performed by an independent contractor.
Q:
A lawyer who has his/her own practice would be regarded as an independent contractor.
Q:
At times, the U.S. Court had taken both an accommodationist approach and a separationist approach to the First Amendment.
Q:
The appointments clause in Article II, Section 2, clause 2 of the U.S. Constitution is clear that ambassadors, public ministers and consuls, and judges of the Supreme Court must be ________ by the president and confirmed by Senate.
Q:
The separationist approach to the First Amendment religion clauses is an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations.
Q:
The president has a direct influence on congressional lawmaking through the ________ power under Article I, Section 7, clause 2, that requires all bills that have passed the House and Senate to be submitted to the president.
Q:
The First Amendment expressly defines the term "respecting" in the Establishment Clause.
Q:
Article II, Section 1, provides for one president and one vice-president, each to serve ________ years.
Q:
The Free Exercise Clause and Establishment Clause are found in Article I of U.S. Constitution.
Q:
The Presidential Eligibility Clause, Article II, Section 1, requires that a person be a natural-born ________, 35 years of age, and at least 14 years a resident of the United States to become President.
Q:
In December 1785, James Madison introduced a bill authored by Thomas Jefferson to the Virginia Assembly that included, among other things, a "Bill for Establishing Religious Freedom."
Q:
The Twenty-Second Amendment, ratified in 1951 following President Franklin D. Roosevelt's four-term presidency, imposed term limits for the President.
Q:
Which U.S. Supreme Court case held that a Judeo-Christian prayer offered during a public-school graduation ceremony violated the Establishment Clause?
A) Hobby Lobby v. Burwell
B) Lee v. Weisman
C) Lynch v. Donnelly
D) Newdow v. United States Congress
Q:
The U.S. Supreme Court case Bush v. Gore, 531 U.S. 98 (2000) that decided the outcome of the 2000 presidential election was a unanimous 9-0 decision.
Q:
Which U.S. Supreme Court case decided in 1984 applied the Lemon test to rule hat a crche display, which included a Santa Claus, reindeer, carolers, and a "Seasons Greetings" sign, did not violate the Establishment Clause?
A) Hobby Lobby v. Burwell
B) City of Boerne v. Flores
C) Lynch v. Donnelly
D) Newdow v. United States Congress
Q:
In United States v. Nixon, 418 U.S. 904 (1974), the U.S. Supreme Court ruled that although a presidential privilege exists, and is presumed to exist if asserted, it may be overcome by a specific need for evidence in a criminal case.
Q:
What is the name of the U.S. Supreme Court case that held that a closely held corporation could assert religious freedoms under the Religious Freedom Restoration Act (RFRA) in that it would not have to provide employee health-care coverage for contraceptives under the federal Affordable Care Act?
A) Cutter v. Wilkinson
B) Hobby Lobby v. Burwell
C) City of Boerne v. Flores
D) Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, et al.
Q:
The President enjoys a limited privilege against being compelled to disclose records and other materials created in the course of executive duties.
Q:
In Free Exercise cases, what terms is used to describe a person who is seeking an exemption from fighting in a war based on religious convictions?
A) Religious Convict
B) Soldier of God
C) Conscientious Objector
D) Abstainer
Q:
There is explicit language in the Constitution recognizing the power of the President to enter into executive agreements.
Q:
In which case did the Court uphold portions of the Religious Land Use and Institutionalized Persons Act of 2000?
A) Cutter v. Wilkinson
B) McCreary v. ACLU
C) City of Boerne v. Flores
D) Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, et al.
Q:
The President of the United States may establish the procedures to be used to detain and try alleged terrorists.
Q:
In which case did the Court uphold the public display of the Ten Commandments?
A) Van Orden v. Perry
B) McCreary v. ACLU
C) County of Allegany v. ACLU
D) Lynch v. Donnelly
Q:
The creation of independent administrative agencies is consistent with the theory of a unitary executive.
Q:
Which case involved an Establishment Clause challenge to the "under god" provision within the Pledge of Allegiance?
A) Newdow v. United States
B) Sherbert v. Verner
C) Reynolds v. United States
D) Van Orden v. Perry