Accounting
Anthropology
Archaeology
Art History
Banking
Biology & Life Science
Business
Business Communication
Business Development
Business Ethics
Business Law
Chemistry
Communication
Computer Science
Counseling
Criminal Law
Curriculum & Instruction
Design
Earth Science
Economic
Education
Engineering
Finance
History & Theory
Humanities
Human Resource
International Business
Investments & Securities
Journalism
Law
Management
Marketing
Medicine
Medicine & Health Science
Nursing
Philosophy
Physic
Psychology
Real Estate
Science
Social Science
Sociology
Special Education
Speech
Visual Arts
Law
Q:
Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory and sales control systems. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so, what procedures must the employer follow in both situations to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?
Q:
For twenty years, Ozzie works for Players Paradise, a destination for vacationers from across the United States, maintaining golf carts. After a steady stream of positive job evaluations and merit pay raises, Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players's courses. Five years later, a new employee, Quentin, is hired to oversee operations at all ten of Players's courses. Quentin demotes Ozzie, who is now over the age of forty, to running only one of the three cart facilities, and freezes his salary. Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie, who is twenty-three. Ozzie overhears Richie say, "We're going to have to do away with these old, senile men." Less than a year later, Quentin reconsolidates the three cart facilities' operations under Richie's charge. Ozzie quits and files a suit against Players for employment discrimination. Should he prevail? Explain.
Q:
Dag is an employee of Eagle Mining Company. Under federal labor law, Dag and other employees have the right to
A.bargain collectively with Eagle through their representatives.
B.insist that Eagle require union membership as a condition of work.
C.interfere with the efforts of others to form labor organizations.
D.refuse to bargain with Eagle through their representatives.
Q:
Link and Meryl are employees of Natural Resources, Inc. (NRI). When Odel, the president of NRI, learns that Link and Meryl are active in union activities, he discharges them. Link and Meryl may bring an action against NRI under
A.federal labor law.
B.federal or state unemployment law.
C.state workers' compensation law.
D.the employment at-will doctrine.
Q:
Detail Designs Company, an architectural firm, wants to hire Eduardo, a noncitizen. A temporary work visa is most likely to be set aside for a noncitizen who is
A.a "person of ethnic similarity to the employer's workforce."
B.a "person of extraordinary ability."
C.a "person of ordinary ability and ambition."
D.a "person with an extraordinary work ethic."
Q:
General Packaging Corporation, a U.S. employer, may hire Hilo, a noncitizen, if Hilo is
A.a lawful permanent resident of the United States.
B.an unlawful but hopefully permanent resident in the United States.
C.an unlawful but only temporary resident in the United States.
D.any of the choices.
Q:
Socrates Software Corporation wants to hire Tomas, a noncitizen. To hire Tomas, Socrates must petition
A.Citizenship and Immigration Services.
B.the U.S. Department of State.
C.Immigration and Customs Enforcement.
D.the National Labor Relations Board.
Q:
Seafood Canning Corporation keeps a file of I-9 verifications forms. To inspect this file, the appropriate government officer must obtain
A.a subpoena and a warrant.
B.a subpoena or a warrant, but not both.
C.not a subpoena, a warrant, or the employer's consent.
D.the employer's consent.
Q:
Hong, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by
A.the employer.
B.the individuals.
C.the individuals' countries of origin.
D.the U.S. Citizenship and Immigration Services.
Q:
Unity Production Company is suspected of employing illegal immigrants. The government conducts random compliance audits and other enforcement measures against those who might violate immigration laws through
A.the CIS.
B.the H1-B.
C.the ICE.
D.the NLRB.
Q:
Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for new hires who work under the employer's direct supervision
A.excluding contractors and day workers.
B.excluding contractors but including day workers.
C.excluding day workers but including contractors.
D.including contractors and day workers.
Q:
Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. It is legal for a U.S. employer to
A.hire persons not authorized to work in the United States.
B.recruit persons not authorized to work in the United States.
C.refer for a fee persons not authorized to work in the United States.
D.none of the choices.
Q:
Machine Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school education and job performance. In a suit against Machine Corporation under Title VII, this requirement is shown to have a discriminatory effect. The employer has
A.an after-acquired evidence defense.
B.a bona fide occupational qualification defense.
C.a business necessity defense.
D.no defense.
Q:
Eton files a suit in a federal district court against Florida, alleging employment discrimination under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that
A.the state is immune from the suit.
B.the suit can proceed.
C.Eton is immune from any defense the state might offer.
D.the court is immune from such request.
Q:
Svetlana, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on
A.age.
B.disability.
C.gender.
D.race.
Q:
Mold & Dye Corporation is a private employer involved in a Title VII employment discrimination suit. Punitive damages may be recovered against Mold & Dye only if the employer
A.acted with malice or reckless indifference.
B.can easily afford to pay the amount.
C.has one hundred or more employees.
D.none of the choices.
Q:
Rona is Stu's administrative assistant and both work for TriCounty Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is
A.harassment on the basis of sexual orientation.
B.hostile-environment harassment.
C.not harassment.
D.quid pro quo harassment.
Q:
Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is
A.a constructive discharge on the basis of gender discrimination.
B.a harassing discharge on the basis of treatment discrimination.
C.a voluntary discharge on the basis of impact discrimination.
D.not a discharge or discrimination.
Q:
Lloyd and Milly are employees of NuTech Corporation. They have the same job. Under the Equal Pay Act, NuTech can legitimately pay Lloyd more than Milly on the basis of
A.Lloyd's greater production only.
B.Lloyd's greater production or seniority.
C.Lloyd's greater seniority only.
D.neither Lloyd's greater production nor his greater seniority.
Q:
Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is
A.disparate-impact discrimination.
B.gender discrimination.
C.not discrimination.
D.reverse discrimination.
Q:
United Industrial Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is
A.a bona fide occupational practice.
B.a business necessity.
C.constructive discharge.
D.reverse discrimination.
Q:
Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is
A.desperate-measure discrimination.
B.disparate-impact discrimination.
C.disparate-treatment discrimination.
D.not discrimination.
Q:
Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is
A.desperate-measure discrimination.
B.disparate-impact discrimination.
C.disparate-treatment discrimination.
D.not discrimination.
Q:
Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute is monitored by
A.employees and job applicants, not an administrative agency.
B.employers and businesses, not an administrative agency.
C.the courts and Congress, not an administrative agency.
D.the Equal Employment Opportunities Commission.
Q:
Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that
A.Cody is a member of a protected class.
B.Delta has no legal defenses against the claim.
C.discriminatory intent motivated Delta's act.
D.other firms in Delta's industry have committed discriminatory acts.
Q:
Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. Among these, the most important statute prohibiting discrimination against members of protected classes is
A.the Age Discrimination in Employment Act of 1967.
B.the Americans with Disabilities Act of 1990.
C.the Pregnancy Discrimination Act of 1978.
D.Title VII of the Civil Rights Act of 1964.
Q:
Staffing Solutions Corporation is subject to the Social Security Act, which
A.covers only employees who do not receive employer-paid pensions.
B.governs state unemployment compensation funds.
C.provides retirement, survivors, and disability insurance.
D.regulates disputes between unions and management.
Q:
Over a forty-year period, Ewa worked in a variety of jobs. She was also occasionally unemployed, briefly hospitalized, and suffered a temporary disability. She retired last year. The key law on all of these subjects is
A.the Consolidated Omnibus Budget Reconciliation Act.
B.the Employee Retirement Income Security Act.
C.the Federal Insurance Contributions Act.
D.the Social Security Act.
Q:
Hoppy, who works as an employee for Imperial Power Corporation, suffers an injury in an accident. Hoppy will be compensated under state workers' compensation laws
A.only if the injury occurred during working hours.
B.only if the injury occurred off the job.
C.only if the injury occurred on the job.
D.whenever and wherever the injury occurred.
Q:
Eduardo is an employee of Free-Flo Plumbing Corporation. With respect to the workplace, under federal health and safety statutes, Free-Flo has
A.a general duty to keep it safe and to meet specific standards.
B.no general duty to keep it safe but must meet specific standards.
C.no general duty to keep it safe or to meet specific standards.
D.only a general duty to keep it safe.
Q:
Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than
A.eight hours in a day.
B.forty hours in a week.
C.160 hours in a month.
D.one year for the same employer.
Q:
Uri is an employee of Verity Security Services. For Uri to obtain the benefits of federal wage-hour requirements, Verity must be engaged in
A.business activity.
B.employment at will.
C.international commerce.
D.interstate commerce.
Q:
Frida is an employee of Green Recycled Products Company. A state statute protects Frida from Green's retaliation if Frida reports to state officials, or others, that Green is involved in unsafe or illegal activity. With respect to the employment-at-will doctrine, this is
A.an example of the doctrine.
B.an exception based on contract theory.
C.an exception based on public policy.
D.an exception based on tort theory.
Q:
Flem is an employee of Glo Goods, Inc. Flem reports to state officials that Glo is illegally shipping unsafe goods to unsuspecting customers. When Glo learns of Flem's report, Glo fires him. He successfully sues Glo for wrongful discharge. With respect to the employment-at-will doctrine, this is
A.an example of the doctrine.
B.an exception based on contract theory.
C.an exception based on public policy.
D.an exception based on tort theory.
Q:
Lena offers Miguel a job, representing falsely that it will be long term. In reliance, Miguel takes the job but is laid off shortly thereafter and successfully sues Lena for fraud. With respect to the employment-at-will doctrine, this is
A.an example of the doctrine.
B.an exception based on contract theory.
C.an exception based on public policy.
D.an exception based on tort theory.
Q:
Thalia is an employee of Universal Insurance Company. Universal's employee manual states that workers will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is
A.an example of the doctrine.
B.an exception based on contract theory.
C.an exception based on public policy.
D.an exception based on tort theory.
Q:
Myron is an employee of Nero. Either party can terminate the employment relationship at any time for any reason without liability. With respect to the employment-at-will doctrine, this is
A.an example of the doctrine.
B.an exception based on contract theory.
C.an exception based on public policy.
D.an exception based on tort theory.
Q:
Requiring union membership as a condition of continued employment is legal.
Q:
A closed shop is a firm that rejects union membership as a condition of employment.
Q:
Federal labor law protects employees' right to strike.
Q:
An employer can refuse to bargain collectively with an elected employee representative.
Q:
To recruit employees from other countries, an employer must first complete a verification process.
Q:
An employer who hires and fires workers according to a fair seniority system may have a good defense to an employment discrimination suit.
Q:
An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.
Q:
The Americans with Disabilities Act of 1990 defines disabled persons as persons impaired mentally or physically "in any way."
Q:
Under the Americans with Disabilities Act of 1990, a person with a mental impairment that "substantially limits" everyday activities is not disabled.
Q:
Under the Americans with Disabilities Act of 1990, a person with a physical impairment that "substantially limits" everyday activities is disabled.
Q:
Compensatory damages are only available for victims of intentional employment discrimination.
Q:
An employer is not liable for the sexual harassment of an employee by a co-worker.
Q:
Brenda is a purchasing agent for Commodities Exchange Corporation. Dennis, a Commodities corporate officer, gives Brenda written authority to buy for the firm as many computers and peripheral devices as necessary. The next day, Dennis calls Brenda and tells her to buy only fifty notebook computers and nothing else. Brenda shows the written authority to E-Products, Inc., and enters into a contract with E-Products to buy sixty notebook computers and a selection of printers, scanners, and extra storage media. E-Products ships the order to Commodities. Is Commodities liable to E-Products under the contract? Is Brenda liable? In each case, if so, why? If not, why not?
Q:
Principal Resources Corporation contracts with Quality Construction to build an addition to Principal's corporate office building. Quality contracts with Rite Supply Company for materials for the addition but refuses to pick up the materials. Meanwhile, Principal hires Skye, a certified public accountant, to work in its cost-accounting division as an employee, with no authority to hire or supervise others. Skye asks Theo, an outside experienced accountant, to advise her on certain accounting procedures but fails to pay Theo for the service. Principal also contracts with Uma, a salesperson, to solicit orders for its products in a designated territory. Uma obtains an order from Verity Industries, Inc., which is assured the order will be filled soon. But Uma does not follow through with the paperwork and fails to submit the order to Principal. Verity suffers a loss. Rite Supply, Theo, and Verity Industries claim Principal is liable under agency law. Discuss fully whether an agency relationship was created by Principal with Quality Construction, Skye, or Uma.
Q:
Frida hires Gert, a real estate broker, to act as her agent to sell her house. The house burns down before being sold. The agency agreement is likely
A.still in force if Frida gives Gert additional consideration.
B.still in force if Gert does not tell prospective customers.
C.terminated by mutual consent of the parties.
D.terminated by operation of law.
Q:
Tire Manufacturing Company employs Uri as an agent. To terminate Uri's authority, Tire Manufacturing must notify
A.only third parties who are aware of the agency relationship.
B.the public generally.
C.Uri and any third parties who are aware of the agency relationship.
D.Uri only.
Q:
Commercial Development Corporation (CDC) hires Delta Construction Company to work at a site as an independent contractor. Whether CDC will be liable for torts committed at the site by Delta depends on
A.what Delta bid for the job.
B.whether exceptionally hazardous activities are involved.
C.which party obtained insurance to cover tort liability.
D.who is paying Delta.
Q:
Picabo drives a truck as an employee for Quik Delivery, Inc. Picabo would most likely be considered acting outside the scope of her employment if she
A.crashed into a car at the airport while off duty.
B.hit a pedestrian in a parking lot during a "working" lunch.
C.ran over an attendant at a gas station while refueling the truck.
D.smashed into a store-front while intoxicated on-duty.
Q:
Brad is an employee of Custodial Service, Inc. In deciding whether Brad acts within the scope of his employment when he commits a tort against Didi, a court will not consider whether
A.Brad indicated that he was acting on behalf of Custodial.
B.Custodial authorized the act.
C.Custodial furnished the means by which the injury was inflicted.
D.the act is one commonly performed by employees for their employers.
Q:
Clu serves in a representative capacity for Digger. Elmo is injured through Clu's negligence. Digger may be liable to Elmo if Clu's conduct occurred
A.due to a propensity Digger was not and could not have been aware of.
B.during normal working hours.
C.in the course and scope of Clu's employment.
D.outside the parties' employment relationship.
Q:
Jock hires Kym to act as his agent to purchase Lifetime Gym & Fitness, Inc. Jock tells Kym to reveal that she is buying the firm on behalf of a third party and to tell Lifetime's seller who that third party is. Jock is
A.a disclosed principal.
B.an apparent principal.
C.an undisclosed principal.
D.a partially disclosed principal.
Q:
Iggy hires Joy to act as his agent to purchase Kup-a-Koffee Kompany. Iggy tells Joy to reveal only that she is buying the firm on behalf of a third party, without telling Kup-a-Koffee's seller who that third party is. Iggy is
A.a disclosed principal.
B.an implied principal.
C.an undisclosed principal.
D.a partially disclosed principal.
Q:
Trey, an agent for Uno Music Corporation, executes an unauthorized contract with Variety Recording, Inc., that is highly advantageous to Uno. Variety withdraws from the deal before Uno ratifies the contract. The contract is
A.valid.
B.variable.
C.void.
D.voidable.
Q:
Bud approves on behalf of Cody-but without authorization-a contract with Dik to build a new silo. Cody does not ratify the contract. Later, Dik tries to enforce the deal. This attempt will be
A.partly successful.
B.partly unsuccessful.
C.totally successful.
D.totally unsuccessful.
Q:
Without authorization, Rolf contracts on behalf of Sari to have Tige paint the interior and exterior of Sari's house. Sari ratifies the contract. Later, Sari tries to rescind the part of the contract relating to the exterior. This attempt will be
A.partly successful.
B.partly unsuccessful.
C.totally successful.
D.totally unsuccessful.
Q:
Based on Nan's conduct, Odel reasonably believes that Poppy has the authority to act on Nan's behalf even though Poppy does not have the actual authority to do so. In this circumstance, Poppy has
A.apparent authority.
B.express authority.
C.implied authority.
D.no authority.
Q:
Sonia manages a Tasty Pastry store for United Food Company. To manage the business, Sonia's authority can be implied by
A.an inference from the position Sonia occupies.
B.any inference a reasonable customer or supplier would make.
C.any inference Sonia chooses to make.
D.no inference.
Q:
Geoff serves in a representative capacity for Huck. To accomplish the objectives of this relationship, Geoff's authority can be implied
A.by contradiction.
B.by custom.
C.by lack of reason.
D.under no circumstances.
Q:
Based on Bluto's conduct, Cass reasonably believes that Dee has the authority to act on Bluto's behalf even though Dee does not have the actual authority to do so. Cass makes a payment to Dee for Bluto. Dee keeps the money and disappears. Bluto
A.can demand that Cass make a repayment directly to Bluto.
B.can obtain damages from Cass for Dee's misconduct.
C.may be estopped from denying that Dee had authority.
D.must repudiate Dee's misconduct to avoid liability.
Q:
Miklos grants an ordinary power of attorney to Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on
A.any transaction causing a loss to Miklos.
B.Miklos's death or incapacity.
C.Miklos's sixty-fifth birthday.
D.Nathalie's handling of one of each stipulated transaction.
Q:
Cory employs Daily Delivery Agency as an agent under a written agreement that describes the rights and duties of both parties. This is
A.apparent authority.
B.equal authority.
C.express authority.
D.implied authority.
Q:
Kady, an agent for Lebron, enters into a contract on Lebron's behalf with Madge that must be in writing to be enforceable under the Statute of Frauds. Kady's authority to enter into this contract is not in writing. Under the equal dignity rule, this contract is
A.enforceable.
B.void.
C.voidable at Lebron's option.
D.voidable at Madge's option.
Q:
Lather Up Soap Products Company grants its agent Kathy an exclusive territory in which to sell Lather Up products. The firm cannot compete with Kathy in that territory under the principal's duty of
A.avoidance.
B.cooperation.
C.indemnification.
D.reimbursement.
Q:
Jody is an agent for Insta Cross Country Trucking Inc. In the course of Jody's performance for the firm, Jody pays Heck for certain vehicle maintenance and repair services. Jody's right to obtain the amount of those payments from Insta arises under the principal's duty of
A.avoidance.
B.cooperation.
C.indemnification.
D.reimbursement.
Q:
Home Development Company employs llya to buy property for a future residential development. Ilya secretly buys some of the property and sells it to Home Development at a profit. Ilya has breached
A.no duty.
B.the duty of accounting.
C.the duty of loyalty.
D.the duty of notification.
Q:
Elle is an agent for Fine Cosmetics, Inc. Elle owes Fine Cosmetics the duty of
A.avoidance.
B.compensation.
C.indemnification.
D.performance.
Q:
Rita is appointed as an agent for Superior Sales, Inc. The agency agreement is silent as to the level of sales that Rita is expected to achieve. She must
A.achieve nothing because the agreement says nothing on the issue.
B.attain the level that Rita achieved with her previous employer.
C.maintain the level Superior attained before Rita became an agent.
D.use reasonable diligence and skill in selling.
Q:
Bob, a salesperson at a Carpets Galore store, tells Dita, a customer, "Buy your carpet here, and I'll install it for half of what the store would charge." Dita buys the carpet, which Bob installs for half the store's price. Bob keeps the money. Bob has breached
A.no duty.
B.the duty of loyalty.
C.the duty of notification.
D.the duty of obedience.
Q:
Dizzy is not Edwina's agent but enters into a contract with Frida on Edwina's behalf. Edwina later contacts Frida to approve the contract. This is
A.an agency by agreement.
B.an agency by estoppel.
C.an agency by ratification.
D.not the creation of an agency relationship.
Q:
Louis, a certified public accountant and an investor, and Maria, an insurance salesperson and a realtor, may create an agency relationship for
A.a business purpose only.
B.a legal purpose only.
C.any purpose.
D.no purpose.
Q:
Sela agrees to act on Thom's behalf, subject to Thom's control, and Thom trusts Sela to so act. They set out the terms in a written document, which they both sign. This is
A.an agency by agreement.
B.an agency by estoppel.
C.an agency by ratification.
D.not the creation of an agency relationship.
Q:
Lenore is the sole proprietor of Mall Kiosks. With respect to contracting for her own business interests, Lenore is
A.an agent and has the authority.
B.an agent but does not have the authority.
C.not an agent and does not have the authority.
D.not an agent but does have the authority.
Q:
Jim agrees to act on Kit's behalf, subject to Kit's control, and Kit trusts Jim to so act. This describes a relationship between
A.a business and its competitors.
B.a government and its governed.
C.a parent and a child.
D.a principal and an agent.