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Liberty University BUSI 301 quiz 3 complete solutions correct answers A+ work
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Liberty University BUSI 301 quiz 3 complete solutions correct answers A+ work

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Courts apply a subjective standard when examining the existence of offer and acceptance by the parties when they created an agency relationship.

The centerpiece of a fiduciary relationship is the agent's duty to act with due care when performing the responsibilities of the agency.

If an agent acts in a disloyal manner and realizes a personal profit from his or her acts, the court may order a return of the funds, which is called:

The Social Security Act is funded through mandatory employment taxes paid by both the employer and the employee.

Leah is a first-year elementary school teacher at a private religious school. The parents and kids love her, and she gets along with everyone. One month after starting, she's called into the headmaster's office and handed an envelope containing spring-break college photos of her topless, guzzling beer and alcohol, while sitting in various men's laps. The headmaster informs her that she is terminated immediately and that she must clean out her desk and remove all personal belongings by the end of the day. She demands to know where the headmaster got these photos, and he tells her that the school monitors social networking sites. These pictures had been posted to a site she no longer uses and had forgotten about. She will be successful if she sues for wrongful termination based on invasion of privacy.

The Fair Labor Standards Act imposes restrictions on hiring workers under:

Which of the following is also called the Taft-Hartley Act?

Under the Age Discrimination in Employment Act, substantially younger is not defined, but many courts follow the general rule that the age difference must be 10 years in order to qualify as substantially younger.

An employee must file charges of illegal discrimination with the EEOC generally within ________ days of the adverse job action.

Under the Age Discrimination in Employment Act, to maintain a valid claim, the replacement employee must be substantially younger than the terminated employee and must be a member of a recognized protected class.

In cases where a partner has engaged in some misconduct or tortious conduct, a limited liability partnership (LLP) acts to shield:

A limited liability company (LLC) is formed by filing _____ with the state public filing official in the secretary of state's corporation bureau.

Limited liability companies (LLCs) are frequently governed by agreement of the parties in the form of a statement of qualification.

Which of the following statements accurately differentiates between the management of a limited liability company (LLC) and a limited
liability partnership (LLP)?

The Revised Uniform Limited Partnership Act (RULPA) formally requires a partnership agreement to govern a limited partnership.

Which of the following statements accurately differentiates between a general partnership and a limited partnership?

In choosing a business entity, principals of the business should consider the extent to which they are personally liable for debt and other contract or tort liabilities of the business entity itself.

Which of the following is true of taxation in a C corporation?

The Revised Model Business Corporation Act (RMBCA) provides that anyone purporting to act on behalf of a corporation, knowing incorporation has not yet occurred, is jointly and severally liable for all liabilities created by the acts.

Matthew Granger is a member of the board of directors at Produxicore Inc. Over a period of one year, Matthew failed to attend most of the board meetings claiming that he was unaware of their occurrence. During the meetings that he did attend, he was not up-to-date with the company's developments. He did not read the reports he was presented and was unfamiliar with the company's financial records. In this scenario, Matthew Granger breached his duty of care primarily through _____.

One who has experience, business savvy, and knowledge of a market to the extent that the law imputes a certain cognizance of investment risk and the ability to protect his or her own interests is referred to as a(n):

A primary market is one in which investors buy and sell issued securities among themselves.

The Private Securities Litigation Reform Act (PSLRA) of 1995 provides safe harbors from lawsuits that shield a company and its officers and directors so long as the principals acted in good faith and disclosed all relevant facts.

 

 

Disparagement has to do with industries, companies, and corporations but not individuals.

Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.

A commercial airliner crashed in the middle of the Atlantic. The cause of the crash has been proved to be a wrongly installed part in one of the engines during routine maintenance. If a negligence lawsuit is brought against the airline, it will be based on:

Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones.

A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.

The nonagent employee relationship is sometimes referred to as the:

Which of the following is an example of terminating the agency relationship by express act?

With regard to negligent hiring, the courts would require the least amount of scrutiny regarding:

The doctrine of negligent hiring applies to independent contractors only when the contractor is hired to do a hazardous or inherently dangerous job.

If a principal wants to keep her identity secret, she would use:

The Worker Adjustment and Retraining Notification Act applies to situations in which entire plants are to be shut down or a layoff is to occur. WARN applies to:

The Health Care and Education Reconciliation Act requires that employers provide health care coverage to employees by 2014.

Disability benefits are provided to eligible workers pursuant to the:

Morris is a nonexempt employee with a salary of $400 a week based on a 40-hour week. If he works 50 hours in a particular week, his paycheck should be for:

If a union chooses not to bring a grievance to arbitration, the individual union member always has the right to pursue the matter through a lawsuit to enforce union provisions.

The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than ________ of the pass rate of the most successful race, sex, or other protected class tested.

Title VII applies to private sector employers with:

The Equal Pay Act was written to prohibit racial discrimination in pay.

The Americans with Disabilities Act applies to employers with ________ employees.

The Equal Employment Opportunity Commission was created by:

Mike is a limited partner in Big Blue, LP. The partnership agreement permits him to have a say in the removal of general partners and the blocking of new partners. This agreement will jeopardize his limited partner status.

A limited partnership requires:

One disadvantage of a sole proprietorship business entity is that it is restricted to a single location and cannot expand.

A general partnership may be formed by:

To date, every state in the union has adopted the Revised Uniform Partnership Act except the state of Louisiana.

With regard to taxation, LLPs are treated as:

Voting rights of LLC principals are governed by:

Some states recognize LLCs but do not permit partnership taxation at the state level.

The IRS has classified the LLC as a type of corporation for tax purposes.

All states require that LLPs have a written partnership agreement.

Each of the following is a factor used by courts to determine whether to pierce the corporate veil except:

A new start-up corporation has gone to a bank for a commercial loan. Recognizing the start-up status of the business and the limited assets the corporation currently possesses, the bank, to protect its interests, may require that either collateral be pledged or a personal guarantee be signed by shareholders but may not require both.

The corporation with the most shareholders is the:

A start-up business planning to incorporate must file for incorporation in the state in which it originally plans to do business.

The Revised Model Business Corporation Act mandates that all corporations other than single-member corporations maintain a board of directors with at least three members who are independent of the officers and shareholders.

The "safe-harbor" exemption from SEC regulations involves:

The most commonly used debt instrument is:

Blue-sky laws are federal security laws that preempt state security laws.

Rule 10(b)(5) of the 34 Act is aggressively used by the SEC in terms of insider-trading enforcement.

Fred is a corporate insider and has made some very large profits through the buying and selling of his corporation's stock during the previous six months. These profits would be called:

 

The Restatement (Third) of Agency has been adopted in about half of the states.

Courts apply a subjective standard when examining the existence of offer and acceptance by the parties when they created an agency relationship.

A principal has a duty to reimburse or indemnify the agent for payments made or expenses incurred event if incurred outside the agent's actual authority.

In all agency relationships, the principal authorizes the agent to provide services or accomplish some task on behalf of the principal and
under the principal's charge.

In an agency relationship, the status of an agent is based on what the parties agreed to rather than the actual working relationship between
principal and agent.

In creating an agency relationship, consent occurs when the principal manifests some offer to form an agency.

In an undisclosed agency, the agent is not contractually liable to the third party.

In the case of the death of a principal, some state statutes permit the agent to continue to have actual authority in the agency relationship,
until the agent learns of the death.

_____ arises either when the parties in an agency relationship expressly agree to create the relationship or when the authority is implied
based on custom or course of past dealings.
Ratification
Actual authority
Retroactive power
Apparent authority

The increased political power of immigrant groups is one of the factors that forced the federal government to legislate federal protections for
employees in the early 1900s.

The employment-at-will doctrine reflects an employer's wide latitude in decision making when exercising the power and right to terminate an
employee.

The Fair Labor Standards Act (FLSA) is administered and enforced by the Equal Employment Opportunity Commission (EEOC).

Generally, if a labor union chooses not to bring a grievance to arbitration, the individual union member has the authority to pursue a lawsuit
against the employer to enforce contract provisions.

Even if a strike is commenced due to an unfair labor practice, the striking employees are not entitled to immediate restatement with back pay
once they unconditionally return to work.

Wilma has been working full time for a large corporation for three years. Her mother has fallen ill and is in need of continuous care for the next
few months. Wilma asks her employer for two months' medical leave and is granted approval. Which of the following will be applicable to
Wilma according to the Family and Medical Leave Act (FMLA)?
She must be immediately credited with seniority when she returns.
She is not entitled to any health care benefits during the leave period.
She is entitled to a regular salary while on leave.
She must be immediately reinstated at the same rate of pay when she returns.

Ted works at Silvia's Inn from Monday to Friday. He works for 37 hours a week at a rate of $10 per hour. On a particular Friday, Silvia asks
Ted to stay back and work two extra hours. According to the Fair Labor Standards Act (FLSA), which of the following statements is most
likely to be true in this scenario?
Ted is not entitled to overtime pay.
Ted will receive overtime pay at the rate of $15 an hour.
Ted will receive overtime pay at the rate of $20 an hour.
Ted is entitled to overtime pay only if he works three extra hours.

Which of the following is true of the policies laid down by the Electronic Communications Privacy Act (ECPA)?
Employers are allowed to access an employees' office voice mail without their consent.
Employers do not have the right to track websites visited by employees in office systems.
Employers do not have the right to monitor personal calls of employees in the workplace.
Employers require employees' consent to count their keystrokes and mouse clicks in office systems.

The Federal Unemployment Tax Act covers the costs of administering state unemployment insurance and state job service programs.

Social Security provides benefits for workers who become disabled on the job.

Leon works in an office environment and, during lunch, closes his office door and uses his personal laptop computer to search the Internet for porn, accessing the company's server via an ethernet cable connection. The company may monitor his computer usage even though he is using a personally owned computer.

The term employment discrimination encompasses workplace-related discrimination that may include the hiring process and disciplinary
action but does not include the treatment of employees in terms of promotions and demotions, work schedules, and assignments.

The Americans with Disabilities Act (ADA) of 1990 requires the person in the protected class to receive equal treatment to that of nonclass
members.

As in all civil cases involving employment discrimination, the initial burden of proof rests upon the plaintiff to prove her case.

A state and local government affirmative action program aimed at addressing inequalities in the workplace and in education is constitutional
so long as it attempts to remedy an actual past practice of discrimination, and it does not employ a system of quotas.

While state antidiscrimination statutes are relatively conservative in exactly what constitutes a protected class, federal statutes have
expanded protected-class membership.

The Equal Employment Opportunity Commission (EEOC) is a five-member commission whose members are:
appointed by the president with approval of the Senate.
appointed by the Supreme Court judge.
elected by labor unions to form a separate body.
appointed by the Senate to be a part of Congress.

Wang is an Asian candidate applying for the position of a waiter at an Asian restaurant in Boston. Raj, the restaurant owner, rejects Wang's
application because he believes that Asians do not make good waiters. Which of the following statements is most likely to be true in the
context of Title VII of the Civil Rights Act of 1964?
Under Title VII, Wang is being discriminated against on the basis of his membership to a protected class.
Under Title VII, Wang is being discriminated against on the basis of his membership to a specific gender.
Under Title VII, Wang is not being discriminated against because Raj, being an Asian himself, cannot discriminate against his
own group.
Under Title VII, Wang is not being discriminated against because he belongs to a majority ethnic group and members of majority
groups cannot be discriminated against.

The theory of disparate treatment is based on the _____.
Duke Power standard
Hopkins standard
Griggs standard
McDonnell Douglas standard

A successful Age Discrimination in Employment Act suit requires that the plaintiff affirmatively prove that age was the direct reason for the adverse employment action suffered.

Under the Age Discrimination in Employment Act, substantially younger is not defined, but many courts follow the general rule that the age difference must be 10 years in order to qualify as substantially younger.

Which of the following is not a protected class under the original Civil Rights Act of 1964?
gender
age
race
national origin

 

T/F: Implied contracts may be found through language contained in an employee handbook or manual

T/F: Each state follows its own individual whistle-blower statute

T/F: The centerpiece of a fiduciary relationship is the agent's duty to act with due care when performing the responsibilities of the agency

T/F: A revocation of the agency relationship requires the principal and the agent to agree to terminate the agency

T/F: In a disclosed agency situation, the agent is not contractually liable to the third party

T/F: Your professor is a partially disclosed agent representing your school

T/F: Rob agrees to act as an agent for Diane in selling her car. Diane has a duty of loyalty to Rob

T/F: Courts will apply a subjective standard when examining the existence of offer and acceptance by the parties when creating an agency relationship

T/F: One significant benefit of an employer completing an IRS Form SS-8 is that even if the employer does in fact misclassify a worker, the proper completion of the form may evidence a good faith effort by the employer reducing or even eliminating IRS penalties for misclassification

T/F: Whether someone is an agent or not depends on what is said in the agreement between the principal and the agent

T/F: A principal has the power to terminate an agency relationship whether or not they have the legal right to terminate that relationship

T/F: In an agency relationship the principal's control must be total and continuous over the agent

T/F: Whether an agency is classified as disclosed, undisclosed or partially disclosed, the principal has the duty to fully perform the contract obligations

Sanchez borrowed money from Fifth National Bank to buy a car. She defaulted on the loan. Fifth National hired Rex's Recovery Service to repossess the car for a set fee. They were simply told to locate and seize the car. Rex's would be classified as a/an:

Mike worked for Frank's Pizza as a driver and is an agent. His duties consisted of making deliveries along a designated route. One day Mike decided to see his girlfriend, Jackie, who lived 50 miles out of his pizza route. While driving to his girlfriend's, Mike injured a pedestrian, Chuck. The accident was caused because of Mike's negligent driving. Chuck is now suing both Mike and Frank's for personal injuries. Under the circumstances is Frank liable and why?

Joyce contracted with Mega Drug Corporation to buy vitamins on behalf of Howard, a personal trainer. Howard told Joyce to use her own name and not to disclose to Mega that she was working for Howard. If Joyce signs the contract in her own name only and Howard won't honor it who is liable?

The Happy Days Day Care is hiring a child care worker. On their application they specifically ask if you've ever been arrested. Tina has applied for a job at Happy Days and answered no to the question. She has also answered no to the question asking if there is any reason that she would not be qualified to work with children. Soon after Tina is hired she severely shakes a baby to stop it from crying causing the baby injuries. It is discovered at trial that Tina has been fired from numerous day cares for baby shaking and other various offenses. If the baby's parents sue Happy Days who is liable and for what?

What is another form of vicarious liability?

Respondeat Superior makes a principle liable for what?

If a principal would like to keep her identity secret, she would use a/an:

Courts will apply the ________ analysis to determine the classification of an agent

Generally, the agent's duty to keep an accounting means that the agent must:

The IRS has developed a three prong status to determine an agent's status, what are the three prongs?

T/F: Employers are not required to offer their employees health care benefits

T/F: Employees classified as key employees who take leave, are not automatically entitled to Family Medical Leave Act reinstatement protections and guarantees

T/F: The Social Security Act is funded through mandatory employment taxes paid by both the employer and employee

T/F: Jan has been fired by her employer for poor job performance. Jan is still entitled to apply for and receive employer provided health care under provisions of the Consolidated Omnibus Budget Reconciliation Act

T/F: The Fair Labor Standards Act does not cover all employees

T/F: Ben has applied for a job at a restaurant. As a condition of employment, he may be required to take a polygraph test

T/F: Federal Unemployment Tax Act covers the costs of administering state unemployment insurance and state job service programs

Employee protection from use of regular or random drug or alcohol tests in the workplace is governed by?

Protection of employee medical information is addressed by the:

Which of the following literary works, although fictional, has been extremely influential in affecting American statutory law and is often cited in legislative histories regarding employment law?

Under the Health Care and Education Reconciliation Act, employers offering high end health care policies in 2018 will be required to pay additional taxes to help fund the Act's plan. A high end health care policy is defined as costing more than?

Once the union organizers obtain authorization cards from at least ________ of the members of a bargaining unit an election will be scheduled by the NLRB

Unsafe workplace conditions are monitored and regulated under:

The Labor Management Relations Act gives the President of the United States the right to suspend a strike for up to ________ in times of national emergency

If an employee is killed on the job, OSHA requires that the employer notify them as soon as possible but no later than ________ after the accident

With regard to polygraph tests, who is allowed to give them?

The Family Medical Leave Act provides that eligible employees be permitted how much time off?

Management is permitted to voice objections to the formation of a union under what act?

The Fair Labor Standards Act imposes restrictions on hiring workers under what age?

In Falcon et al. v. Starbucks Corporation, after Starbucks reclassified the assistant store managers (ASMs ) from exempt to nonexempt for FLSA purposes, changing their job duties but not their labor budgets and discouraging overtime, the court found:

T/F: An employee has filed a claim of discrimination with the EEOC. If the EEOC investigates and determines that they will not follow through with a law suit representing the employee, the employee has no recourse and cannot file a private law suit

T/F: The most common form of sexual harassment is quid pro quo harassment

T/F: Under the Age Discrimination in Employment Act, substantially younger is not defined, but many courts follow the general rule that the age difference must be 10 years in order to qualify as substantially younger

T/F: The Equal Pay Act was written to prohibit racial discrimination in pay

T/F: A successful Age Discrimination in Employment Act suit required that the plaintiff affirmatively prove that age was the direct reason for the adverse employment action suffered

T/F: Affirmative action programs are designed to remedy an actual past practice of discrimination

T/F: A person must exhibit some sort of distinctive physical characteristic, obvious to a neutral observer in order to be considered as disabled

T/F: Under the Age Discrimination in Employment Act to maintain a valid claim the replacement employee must be substantially younger than the terminated employee and must be a member of a recognized protected class

Name a class that is not protected under the original Civil Rights Act of 1964?

April has refereed high school and women's college soccer for ten years. She is fit, knows the rules without question and has always received excellent evaluations. When she applies to referee men's college games, the men's college referee administrator tells her that he can't use her because women won't get the player's respect and that the game looks more serious and acceptable with men refereeing. April is the victim of what kind of discrimination?

Tom is a city policeman and is Mr. August in the police charity calendar wearing only a pair of Speedos and a smile. Chuck is a fellow cop and a homosexual. Every opportunity that he has, Chuck brushes up against Tom and asks if Tom has ever been with a man. Chuck buys Tom gifts and leaves them by Tom's locker. Tom throws the gifts away immediately. Tom has asked Chuck to stop but Chuck just laughs and says that "I'll get you someday". Tom is and has always been a heterosexual. Tom has complained to his superiors pursuant to department policy but they claim it's just horseplay and not serious. If Tom files a complaint with the EEOC does he have a valid case and why?

Which of the following would likely not be considered a major life activity supporting a disability claim?

In EEOC v. Asplundh Tree Expert Co., the court dismissed the lawsuit against the defendant because?

The Equal Employment Opportunity Commission was created by what act?

An employee must file charges of illegal discrimination with the EEOC within ________ days of the adverse job action

The business necessity defense is a defense to what kind of cases?

Kim, a CPA, works for a small accounting firm consisting of two managing partners, six accountants and four secretaries. During a skiing vacation, Kim has a serious fall and is paralyzed from the waist down. While she cannot walk, her mind is not affected and she is 100% capable of performing her accounting duties. She has asked the firm to widen the aisles between cubicles so she can maneuver her wheel chair and to provide a special desk that is wheel chair friendly. These accommodations would cost less than $1,000, what is the company required to do?

The Equal Pay Act is an amendment to what act?

Amanda works in an office environment with 50 employees. Once or twice a week, her boss Alan, tells her she has great legs and that she should wear shorter skirts. He also tells her to let loose and open another button on her blouse once in a while. She asks him to stop and continues to wear knee length skirts and keeps her blouse buttoned to the neck. He never touches her and he never makes these comments when someone else can hear. When she gets her performance appraisal from Alan, he gives her an excellent evaluation and a raise. After listening to Alan for six months she files a complaint with the EEOC, does she have a valid claim and if so what kind of claim?

T/F: Most employers are not subject to affirmative action requirements

T/F: Disciplinary actions rarely give rise to employment discrimination claims

T/F: An employee has filed a claim of discrimination with the EEOC. If the EEOC investigates and determines that they will not follow through with a law suit representing the employee, the employee has no recourse and cannot file a private law suit

T/F: It may not be discriminatory to require that persons in a protected class, in certain instances, be afforded special rights

T/F: The Equal Employment Opportunity Commission enjoys rule making as well as enforcement powers

T/F: Intent to discriminate must be proven for a disparate treatment case to be successful

T/F: The Americans with Disabilities Act defines a disability as being a physical impairment and does not include or protect employees regarding mental impairments

T/F: Affirmative action programs are designed to remedy an actual practice of discrimination

T/F: A plaintiff need not be in a minority of a protected class to be covered under Title VII

T/F: Which of the following is a neutral requirement that is likely to result in disparate impact?

Martha and Bill have applied for teaching positions in your school's accounting department. Martha is a recent graduate with her PhD in accounting and one published paper. She has no teaching experience except for classes taught as a teaching assistant during her PhD program. Bill also has a PhD in accounting and has been teaching for five years at a major university. He has eight published papers. Both are hired as tenure track assistant professors and assigned two 101 courses and one 102 course. When Martha later discovers that Bill's salary is $10,000 higher than hers she is furious and files suit under the Equal Pay Act. Will she be successful? Does she have a valid cause of action?

Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting her behavior, who will win the case and under what circumstances?

Once the plaintiff has established a prima facie case under the McDonnell Douglas standard and the defendant has presented justification for the actions taken, the plaintiff must now prove any of the following except:

The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than ________ of the pass rate of the most successful race, sex or other protected class tested

 

Courts apply the ________ analysis to determine the classification of an agent.

Karl is a driver for Arnold's Appliance Store and delivers appliances to customers. One day, Karl negligently secures a washer and dryer in the back of his truck, and while he is driving, the washer falls out of the truck. Jan, driving behind the truck, sees the appliance flying at her and swerves into a telephone pole. Which of the following is correct?

If an agent acts in a disloyal manner and realizes a personal profit from his or her acts, the court may order a return of the funds, which is called:

Agency law generally exists on the state statutory level and is based on:

In Hannington v. University of Pennsylvania, the court had to determine whether an attorney acted under apparent authority regarding the negotiation and signing of a settlement agreement. The court determined that:

The shift from an agricultural society toward industrial production began almost immediately after the end of the U.S. Revolution. T/F

The Health Care and Education Reconciliation Act requires that employers provide health care coverage to employees by 2014. t/f

In Falcon et al. v. Starbucks Corporation, after Starbucks reclassified the assistant store managers (ASMs) from exempt to nonexempt for FLSA purposes, changing their job duties but not their labor budgets and discouraging overtime, the court found that:

Leon works in an office environment and, during lunch, closes his office door and uses his personal laptop computer to search the Internet for porn, accessing the company's server via an ethernet cable connection. The company may monitor his computer usage even though he is using a personally owned computer. t/f

t/f. Leah is a first-year elementary school teacher at a private religious school. The parents and kids love her, and she gets along with everyone. One month after starting, she's called into the headmaster's office and handed an envelope containing spring-break college photos of her topless, guzzling beer and alcohol, while sitting in various men's laps. The headmaster informs her that she is terminated immediately and that she must clean out her desk and remove all personal belongings by the end of the day. She demands to know where the headmaster got these photos, and he tells her that the school monitors social networking sites. These pictures had been posted to a site she no longer uses and had forgotten about. She will be successful if she sues for wrongful termination based on invasion of privacy.

In a disparate impact case, if an employer can show that a challenged employment practice is job-related and consistent with business necessity, the plaintiff can still win by showing that:

An employee must file charges of illegal discrimination with the EEOC generally within ________ days of the adverse job action.

t/f The most common form of sexual harassment is quid pro quo harassment.

The business necessity defense is a defense to:

Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes, and asking him about his preferences in women, which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting her behavior:

The principal and agent are both liable in which of the following relationships

An agent, unless otherwise authorized, may substitute his or her own judgment for the principal's judgement under the duty of

the duty of _ is the centerpiece of the fiduciary obligation

the agent must act as a reasonable person when conducting business on behalf of the principal under the duty of

which law overlaps with agency law

peculiar risk doctrine

after a certain period of time, employees are entitled to the benefits of employer pensions even if they no longer work for that organization under a principle called

 

a standard that is applied to all employees or candidates for employment equally but nevertheless is shown to be discriminatory is called a _______ standard

following an investigation by the EEOC, should discrimination be found, the next step for the agency is to begin______

The Americans with disabilities Act does not require an employer to provide accommodations that constitute an _________ on the employer

disparate treatment is analyzed using the _______ standard

race, religion, color, gender, and national origin are examples of ________

after the plaintiff has proved his or her prima facie case of disparate treatment, if the employer provides a false reason for its discriminatory actions, this is called ______

Mike is Kathy's employer. Mike tells her that she will not get a raise or promotion unless she has sex with him. Mike has committed ________ sexual harassment

Mixed motives discrimination is anaylzed using the ________ standard

A disability, as defined in the Americans with Disabilities Act, is an impairment that significantly limits a persons ability to participate in a _____ activity

disparate impact is analyzed using the _____ standard

the mandate given to the Equal employment opportunity commission is that the commission is required to pursue any discrimination based claims made by aggrieved employees

Stephen is 40 yrs old and has applied for a job at a large computer game development company. He is told that he is "over the hill" and not eligible for employment at that company. Stephen does not have a valid age discrimination suit under the Age discrimination in employment act b/c the act applies to those already employed, not in the hiring process.

Betty Sue suspects that she was turned down for a job as a server at Hooters because she is 40 pounds overweight. She may conduct the EEOC which all investigate her case based on a Title VII violation

once a employee has established that she or he has a covered disability, the Americans with disabilities act requires that the employer make reasonable accommodations allowing the employee to perform essential functions of the job

In Aquino v Honda Inc, even though the charges against Aquino for alleged vandalism were dropped, Hondas reasonable belief, after its own investigation, met the burden of proving that Honda had a legitimate, non discriminatory reason for his firing

most employers are not subject to affirmative action requirements

disciplinary actions rarely give rise to employment discrimination claims

in Oncale v Sundowner Offshore Services , the court determined that same sex harassment is a legitimate issue covered and actionable under Title VII.

an employee has filed a claim of discrimination with the EEOC. If the EEOC investigates and determines that it will not follow through with a lawsuit representing the employee, the employee has no recourse and cannot file a private lawsuit

race discrimination directed at white employees violates Title VII if the employer's acts were motivated by race

Every time Mike passes Kathy in the office, he rubs against her. Sometimes he walks up behind her and massages her shoulders even though she has told him not to. lately he's been pinching her butt when no one is watching. mike is committing quid pro pro sexual harassment

Federal laws concerning discrimination expressly preempt state laws and prohibit states from imposing additional obligations and legal responsibilities on employers not covered under the federal statutes.

it may not be discriminatory to require that persons in a protected class, in certain instances, be afforded special rights

The EEOC enjoys rule making as well as enforcement powers

Disparte impact claims under the Age discrimination in Employment act do nowt require that the employer prove a business necessity in order to defend its actions

after conducting an investigation of a discrimination claim, if discrimination is found, the EEOC may immediately file suit on behalf of the aggrieved employee

state and local affirmative action plans in regard to race or gender based preferences in the hiring of government contractors are subject to strict scrutiny

intent to discrimination must be proved for a disparate case to be successful

the most common form of sexual harassment is quid pro pro harassment

under the Age discrimination in Employment Act, substantially younger is not defined, but many courts follow the rule that the age difference must be 10 yrs in order to qualify as substantially younger

the equal pay act was written to prohibit racial discrimination in pay

a successful age discrimination in employment act suit requires that the plaintiff affirmatively prove that age was the direct reason for the adverse employment action suffered

the americans with disabilities act defines disability as being physical impairment and does not include or protect employees regarding mental impairments

Affirmative action programs are designed to remedy an actual past practice of discrimination

a person must exhibit some sort of distinctive physical characteristic, obvious to a neutral observer in order to be considered disabled

if the plaintiff proves her or his prima facie case under the Mcdonnell Douglas standard the burden of proof shifts to the defendant to evidence a legitimate and non discriminatory reason for the discriminatory action

affirmative action sets and requires quotas in order to meet racial and sexual equality

under the age discrimination act, to maintain a valid claim, the replacement employee must be substantially younger that the terminated employee and must be a member of a protected class

Emmanuelle has been the subject of intense and continuous hostile work environment sexual harassment over a period of months . if she quits before filing a complaint with the EEOC, she forfeits the right to file the complaint and seek damages

a plaintiff need not be in a minority within a protected class to be covered under Title VII

 

Genericization occurs when a trademark has lost its distinctiveness and becomes a general term describing a type of product rather than a specific company's

The doctrine of equivalence will negate the effect of the doctrine of omission if the new item performs substantially the same function as the already patented item.

Satires and parodies have generally been deemed not to be copyright infringement due to the fair use doctrine.

If an item has been patented but has not been marked as patented and infringement occurs, the patent holder is generally barred from collecting damages.

Once a patent has been issued by the U.S. Patent and Trademark Office, the patent cannot be challenged or revoked due to the comprehensive investigation performed by the USPTO prior to issuance.

Suggestive trademarks gain trademark protection only if they have acquired a secondary meaning.

A telephone book listing citizens' names, addresses, and phone numbers may not be copyrighted.

Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.

Disparagement has to do with industries, companies, and corporations but not individuals.

Courts are bound by the Restatement of Torts, once it is published.

Brad is drunk and driving his car 20 miles over the speed limit. He hits Angelina, who is crossing the street against a red light. Angelina has over $95,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that still follows the theory of contributory negligence, she will get nothing.

Assume that Iowa has passed a law requiring that anyone riding or operating a motorcycle wear a helmet. Mary enters Iowa Harley-Davidson and wants to take a test ride. She doesn't have a helmet with her and the dealership doesn't have one available in her size, so the proprietor lets her go without one. If she crashes and is injured, the proprietor has committed negligence per se.

Your cousin, who is a CPA, calls you and says that a client paid him in diamonds and he's selling them. If you purchase one of those diamonds, at the time of the sale your cousin would be considered a merchant of those diamonds.

Johnson Builders is selling a newly built home to Sheila. JRK Realtors is handling the transaction. This sale is covered under Article 2 of the UCC.

UCC gap fillers will not be used and are not applicable to contracts when the contract clearly specifies a contract term or condition.

UCC risk of loss provisions will govern the terms of a contract even if the parties have specified risk allocation in the contract.

The 2003 revisions to the UCC have been adopted by only about half of the states.

In an assignment or delegation, any third-party rights or duties occur after the contract is formed.

Substantial performance will be enforced only if the deviation from complete performance is not material to the contract.

Craig is a licensed plumber and has a contract to install a replacement toilet for Mary. When Craig realizes that he has booked two appointments simultaneously, he calls Brian, another licensed plumber, and asks him to install Mary's toilet. Craig has assigned his duties to Brian.

A unilateral contract is formed when a promise requires acceptance by performance.

A valid contract is one that has all the necessary elements and, thus, can be enforced.

A handyman goes to the wrong house by mistake and cleans the gutters while the homeowners are at work. The homeowners will have to pay for the service under the quasi-contract theory of unjust enrichment.

Under most circumstances, acceptance cannot be imposed or inferred from an offeree's silence after receiving an offer.

Reasonableness of an offer requires that the offeror have an objective intent to contract when making the offer.

The mailbox rule determines when a contract is considered to be deemed accepted by the offeree, thus depriving the offeror of the right to revoke the offer.

 

Helen's cat Fluffy has run away, and she places reward posters throughout her neighborhood. Mark sees one of the reward posters and spends the next six hours searching for Fluffy. While Mark is searching the neighborhood, Fluffy gets hungry and comes home.

A contract in which each component of the contract is dependent on every other component is called:

A valid contract is one that has all the necessary elements and, thus, can be enforced.

When an offer and agreement exist between parties, this is called:

Aimee goes online and orders a pair of jeans, three T-shirts, and a pair of boots. This is an example of:

In general, contracts for services are governed by:

An agreement between two adults to pay $300 cash for a bicycle is an example of a contract that is:

An agreement to buy cocaine from a dealer is:

Aimee goes online and orders a suit for work that consists of a jacket and skirt. This is an example of:

All contracts can be described in seven ways.

Boris skydives from a plane and gets tangled in a tree, hopelessly suspended and swinging precariously in his parachute from the branches of the tree. Natasha sees that he is in trouble and comes to his rescue. Once Boris is safely on the ground, he gratefully promises to give Natasha half of his life savings account. When he changes his mind, Natasha will probably be unsuccessful in enforcing his promise.

Aiden says to Bob, "I'll sell you this rare book for $1,000." Aiden is the:

Josh is negotiating the sale of his car with Jonathan. Jonathan asks if the car has ever been in an accident, and Josh replies, "No, it has never been in an accident." In fact, the car was nearly totaled the year before when Sheila, Josh's girlfriend, was driving Josh's car, hit a wet spot, and skidded into a pole. She had the car repaired without telling him about the accident. Josh has committed:

Amanda, a recent university graduate, needed a car to get to her new job. To help Amanda secure a loan for the car, Ted, a friend, agreed to pay the loan should Amanda default. Ted's promise is enforceable as long as he goes to the bank, declares his promise to guarantee Amanda's loan in front of witnesses, and shakes hands on the deal, giving his word.

Jeff goes to a car dealership and the salesperson tells him that the car he's looking at is a great car and an excellent value. The statements made by the salesperson, if untrue, will not be adequate to create either an innocent misrepresentation or a fraudulent misrepresentation.

Larry has had a few beers and is starting to get a bit drunk. He isn't acting strange, and in conducting conversations with others he's slurring only an occasional word or two. Larry, should he enter into a contract in this condition, would be considered mentally incompetent and his contract would be void.

Contractual consideration is defined as the thought process a party uses to decide whether or not to accept the offer and enter into a contract.

Generally, mutual mistakes will often lead to the court allowing an avoidance of a contract; however, a unilateral mistake is not usually grounds to cancel a contract.

Which of the following promises ordinarily need not be in writing to be enforceable?

Offers that the offeree partly performed or detri

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Liberty University BUSI 301 quiz 3 complete solutions correct answers A+ work
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Liberty University BUSI 301 quiz 3 complete solutions correct answers A+ work More than 8 different versions Courts apply a subjective standard when examining the existence of offer and acceptance by the parties when they created an agency relationship. The centerpiece of a fiduciary relationship is the agent's duty to act with due care when performing the responsibilities of the agency. If an agent acts in a disloyal manner and realizes a personal profit from his or her acts, the court may order a return of the funds, which is called: The Social Security Act is funded through mandatory employment taxes paid by both the employer and the employee. Leah is a first-year elementary school teacher at a private religious school. The parents and kids love her, and she gets along with everyone. One month after starting, she's called into the headmaster's office and handed an envelope containing spring-break college photos of her topless, guzzling beer and alcohol, while sitting in various men's laps. The headmaster informs her that she is terminated immediately and that she must clean out her desk and remove all personal belongings by the end of the day. She demands to know where the headmaster got these photos, and he tells her that the school monitors social networking sites. These pictures had been posted to a site she no longer uses and had forgotten about. She will be successful if she sues for wrongful termination based on invasion of privacy. The Fair Labor Standards Act imposes restrictions on hiring workers under: Which of the following is also called the Taft-Hartley Act? Under the Age Discrimination in Employment Act, substantially younger is not defined, but many courts follow the general rule that the age difference must be 10 years in order to qualify as substantially younger. An employee must file charges of illegal discrimination with the EEOC generally within ________ days of the adverse job action. Under the Age Discrimination in Employment Act, to maintain a valid claim, the replacement employee must be substantially younger than the terminated employee and must be a member of a recognized protected class. In cases where a partner has engaged in some misconduct or tortious conduct, a limited liability partnership (LLP) acts to shield: A limited liability company (LLC) is formed by filing _____ with the state public filing official in the secretary of state's corporation bureau. Limited liability companies (LLCs) are frequently governed by agreement of the parties in the form of a statement of qualification. Which of the following statements accurately differentiates between the management of a limited liability company (LLC) and a limited liability partnership (LLP)? The Revised Uniform Limited Partnership Act (RULPA) formally requires a partnership agreement to govern a limited partnership. Which of the following statements accurately differentiates between a general partnership and a limited partnership? In choosing a business entity, principals of the business should consider the extent to which they are personally liable for debt and other contract or tort liabilities of the business entity itself. Which of the following is true of taxation in a C corporation? The Revised Model Business Corporation Act (RMBCA) provides that anyone purporting to act on behalf of a corporation, knowing incorporation has not yet occurred, is jointly and severally liable for all liabilities created by the acts. Matthew Granger is a member of the board of directors at Produxicore Inc. Over a period of one year, Matthew failed to attend most of the board meetings claiming that he was unaware of their occurrence. During the meetings that he did attend, he was not up-to-date with the company's developments. He did not read the reports he was presented and was unfamiliar with the company's financial records. In this scenario, Matthew Granger breached his duty of care primarily through _____. One who has experience, business savvy, and knowledge of a market to the extent that the law imputes a certain cognizance of investment risk and the ability to protect his or her own interests is referred to as a(n): A primary market is one in which investors buy and sell issued securities among themselves. The Private Securities Litigation Reform Act (PSLRA) of 1995 provides safe harbors from lawsuits that shield a company and its officers and directors so long as the principals acted in good faith and disclosed all relevant facts. Disparagement has to do with industries, companies, and corporations but not individuals. Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess. A commercial airliner crashed in the middle of the Atlantic. The cause of the crash has been proved to be a wrongly installed part in one of the engines during routine maintenance. If a negligence lawsuit is brought against the airline, it will be based on: Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones. A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff. The nonagent employee relationship is sometimes referred to as the: Which of the following is an example of terminating the agency relationship by express act? With regard to negligent hiring, the courts would require the least amount of scrutiny regarding: The doctrine of negligent hiring applies to independent contractors only when the contractor is hired to do a hazardous or inherently dangerous job. If a principal wants to keep her identity secret, she would use: The Worker Adjustment and Retraining Notification Act applies to situations in which entire plants are to be shut down or a layoff is to occur. WARN applies to: The Health Care and Education Reconciliation Act requires that employers provide health care coverage to employees by 2014. Disability benefits are provided to eligible workers pursuant to the: Morris is a nonexempt employee with a salary of $400 a week based on a 40-hour week. If he works 50 hours in a particular week, his paycheck should be for: If a union chooses not to bring a grievance to arbitration, the individual union member always has the right to pursue the matter through a lawsuit to enforce union provisions. The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than ________ of the pass rate of the most successful race, sex, or other protected class tested. Title VII applies to private sector employers with: The Equal Pay Act was written to prohibit racial discrimination in pay. The Americans with Disabilities Act applies to employers with ________ employees. The Equal Employment Opportunity Commission was created by: Mike is a limited partner in Big Blue, LP. The partnership agreement permits him to have a say in the removal of general partners and the blocking of new partners. This agreement will jeopardize his limited partner status. A limited partnership requires: One disadvantage of a sole proprietorship business entity is that it is restricted to a single location and cannot expand. A general partnership may be formed by: To date, every state in the union has adopted the Revised Uniform Partnership Act except the state of Louisiana. With regard to taxation, LLPs are treated as: Voting rights of LLC principals are governed by: Some states recognize LLCs but do not permit partnership taxation at the state level. The IRS has classified the LLC as a type of corporation for tax purposes. All states require that LLPs have a written partnership agreement. Each of the following is a factor used by courts to determine whether to pierce the corporate veil except: A new start-up corporation has gone to a bank for a commercial loan. Recognizing the start-up status of the business and the limited assets the corporation currently possesses, the bank, to protect its interests, may require that either collateral be pledged or a personal guarantee be signed by shareholders but may not require both. The corporation with the most shareholders is the: A start-up business planning to incorporate must file for incorporation in the state in which it originally plans to do business. The Revised Model Business Corporation Act mandates that all corporations other than single-member corporations maintain a board of directors with at least three members who are independent of the officers and shareholders. The "safe-harbor" exemption from SEC regulations involves: The most commonly used debt instrument is: Blue-sky laws are federal security laws that preempt state security laws. Rule 10(b)(5) of the 34 Act is aggressively used by the SEC in terms of insider-trading enforcement. Fred is a corporate insider and has made some very large profits through the buying and selling of his corporation's stock during the previous six months. These profits would be called: The Restatement (Third) of Agency has been adopted in about half of the states. Courts apply a subjective standard when examining the existence of offer and acceptance by the parties when they created an agency relationship. A principal has a duty to reimburse or indemnify the agent for payments made or expenses incurred event if incurred outside the agent's actual authority. In all agency relationships, the principal authorizes the agent to provide services or accomplish some task on behalf of the principal and under the principal's charge. In an agency relationship, the status of an agent is based on what the parties agreed to rather than the actual working relationship between principal and agent. In creating an agency relationship, consent occurs when the principal manifests some offer to form an agency. In an undisclosed agency, the agent is not contractually liable to the third party. In the case of the death of a principal, some state statutes permit the agent to continue to have actual authority in the agency relationship, until the agent learns of the death. _____ arises either when the parties in an agency relationship expressly agree to create the relationship or when the authority is implied based on custom or course of past dealings. Ratification Actual authority Retroactive power Apparent authority The increased political power of immigrant groups is one of the factors that forced the federal government to legislate federal protections for employees in the early 1900s. The employment-at-will doctrine reflects an employer's wide latitude in decision making when exercising the power and right to terminate an employee. The Fair Labor Standards Act (FLSA) is administered and enforced by the Equal Employment Opportunity Commission (EEOC). Generally, if a labor union chooses not to bring a grievance to arbitration, the individual union member has the authority to pursue a lawsuit against the employer to enforce contract provisions. Even if a strike is commenced due to an unfair labor practice, the striking employees are not entitled to immediate restatement with back pay once they unconditionally return to work. Wilma has been working full time for a large corporation for three years. Her mother has fallen ill and is in need of continuous care for the next few months. Wilma asks her employer for two months' medical leave and is granted approval. Which of the following will be applicable to Wilma according to the Family and Medical Leave Act (FMLA)? She must be immediately credited with seniority when she returns. She is not entitled to any health care benefits during the leave period. She is entitled to a regular salary while on leave. She must be immediately reinstated at the same rate of pay when she returns. Ted works at Silvia's Inn from Monday to Friday. He works for 37 hours a week at a rate of $10 per hour. On a particular Friday, Silvia asks Ted to stay back and work two extra hours. According to the Fair Labor Standards Act (FLSA), which of the following statements is most likely to be true in this scenario? Ted is not entitled to overtime pay. Ted will receive overtime pay at the rate of $15 an hour. Ted will receive o...
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