ETH 321 Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injur

  

ETH 321

Week 3 Practice Assignment

 

1. Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injured when a part flies off the machine.  If the former rule of privity of contract were in place, which of the following is true?

  

o Lexi can hold the manufacturer liable for Jill’s injury.

o Jill can hold the manufacturer liable for her injury.

o Jill can hold the manufacturer liable for her injury as long as   Lexi was in the room when she got hurt.

o Jill cannot hold   the manufacturer responsible for her injury.

2. For years, Lily has been thinking up a plan to pull off a perfect bank robbery. She tells someone about her plans but never robs the bank. Which of the following is true?

  

o Lily has committed a crime because robbing a bank is a serious   offense.

o Lily has committed a crime because she told someone about her   plan.

o Lily has not committed a crime if it is determined that her intent   is not real.

o Lily has not   committed a crime because she never acted on her plan.

3. What is the definition of the business crime of fraud?

  

o Permanent taking of property against a fiduciary relationship

o Conducting transactions with money which has been obtained through   illegal means

o Agreement and planning to commit another crime

o Use of false   pretenses to obtain property

4. What is the definition of insanity as a defense to crime?

  

o The defendant lacks understanding of what is right or   wrong

o Trauma, illness, or a mental condition inhibits the defendant from   being able to commit a crime

o The defendant's crime was committed due to unintentional   misunderstanding

o The defendant is impaired from an ability to commit a crime with   intent

5. Which of the following is true of defamation?

  

o The defamatory information may or may not be true to be   actionable.

o A defamation tort   exists whether the defamatory information was spread accidentally or on purpose.

o A defamation tort only exists when ten or more people hear the   defamatory information.

o Both B and C

6. Rank these types of crimes from most to least serious:

  

o Capital, misdemeanor, felony, infraction

o Infraction, felony, misdemeanor, capital

o Capital, felony, misdemeanor, infraction

o Felony, infraction, capital, misdemeanor

7. Which of the following classifies as a tort?

  

o Kidnapping

o Embezzlement

o Assault

o Burglary

8. Which of the following would least likely qualify as trespass to chattel?

  

o Having your neighbor’s cat spayed while your neighbor is on   vacation

o Dying your boss’s suit pink as a prank

o Borrowing your dad’s car to get it waxed

o Conducting a cyberattack to infect a victim’s computer with   spyware

9. Which of the following is not a case of negligence?

  

o A butcher plays audio of howling dogs in the back of   his shop to prank customers

o A doctor prescribes the wrong pills to a patient

o A building manager fails to repair an elevator and people get   stuck inside

o A driver falls asleep at the wheel and causes an accident

10. What is the definition of the business crime of larceny?

  

o Taking property under threat of force

o Permanent taking of property against a fiduciary relationship

o Unlawful entrance with intent to commit a crime

o Unlawful, permanent   taking of personal property

11. What is the result of frolic and detour?

  

o Removes liability from an employer while an employee   pursues personal interests

o Imposes liability on an employer when an employee pursues both   personal and business interests

o Removes liability from an employer while an employee is commuting

12. Jill and Carey have an agency relationship wherein Carey serves as an agent finding painting contracts for Jill. When Carey gets pregnant and wants to stop working for Jill:

  

o Carey has a duty to finish residual obligations under   the agency.

o Jill has a duty to finish residual obligations under the agency.

o Carey may not terminate the agency without Jill’s approval.

o Jill can do nothing.

13. Which of the following would be considered a situation of illegal employment discrimination?

  

o Rose, who has a disability, is rejected from a job position   because she didn’t like the accommodation the employer offered her.

o Gray, who has a disability, is rejected from a job position   because he doesn’t meet the essential job function qualifications.

o Marianne, who has a   disability, is rejected from a job position because her employer has no experience accommodating persons with disabilities.

o Nicole, who has a disability, is rejected from a job position   because her employer would have to pay too much for her accommodation.

14. Shane’s business was recently forced by the OFFCP to enact an affirmative action plan in order to equalize the predominantly-white workforce. Jerome, a minority member, applies for the job and is rejected. Which of the following is true?

  

o Shane doesn’t have to hire Jerome if he doesn’t meet   the job’s specifications.

o Jerome was required to be hired for Shane’s business, and he may   sue Shane’s business.

o None of the above are true.

o Jerome was required to be hired for Shane’s business, and the   OFCCP can sue Shane’s business.

15. UrbanoCorp fires Alyssa, a 40-year-old employee. Which of the following is false?

  

o If UrbanoCorp has less than 20 employees, it doesn’t have the   burden of proving it had a legitimate reason for firing Alyssa.

o If UrbanoCorp has more than 20 employees, Alyssa has the burden of   proving the company fired her because of her age.

o If UrbanoCorp has less than 20 employees, Alyssa can’t sue the   company for age discrimination.

o If UrbanoCorp has   more than 20 employees, it will have the burden of proving it had a legitimate reason for firing Alyssa.

16. Quintin is a floor manager at a manufacturing plant. He oversees a diverse group of more than 50 employees. Based on what he feels are their natural abilities, Quintin has his African American workers on the assembly line, his white workers in Packing, and Hispanic workers in Receiving. Which of the following is true?

  

o Quintin’s work assignments are unallowable because they give more   favorable positions to Quintin’s preferred class of worker.

o Quintin’s work   assignments are unallowable because they segregate and classify employees.

o Quintin’s work assignments are allowable because his work force is   diverse and nobody is being treated unfairly.

o Quintin's work assignments are allowable because his   discrimination doesn’t affect hiring or the conditions of employment.

17. DJ, an agent, is negotiating contracts for his boss’s company. While in the course of seeking out contracts for his boss, DJ discovers a business opportunity that he would like to take advantage of. Which of the following is true?

  

o DJ may take advantage of his own business opportunities.

o DJ may take   advantage of the opportunity as long as it does not conflict with the interests of his boss and the agency relationship.

o DJ may not take advantage of his own business opportunities.

o DJ May not take advantage of the opportunity unless he ends his   agency relationship with his boss.

18. Shannah is a facilities coordinator working for a public university. She oversees a dozen employees doing custodial work and often ends up working over 40 hours per week. Which of the following is true?

  

o Shannah may be paid with compensatory time.

o Shannah is an exempted employee.

o More than one answer is correct.

o Shannah does not have to be paid overtime pay.

19. Which of the following was not an effect of the Norris LaGuardia Act?

  

o Prohibition against yellow dog contracts

o Rules removing unionization activities from the Sherman   Act prohibitions

o Prohibition of federal injunctions in labor disputes

o Rules concerning collective bargaining

20. What is the definition of Wildcat strike?

  

o A strike used by a union to make management follow the law

o A strike used by a union to make management meet its demands

o A strike not   authorized by the union

21. Red is a union official. He is faced with a problem when a union member breaks a union bylaw. To address the union member’s fault, Red and union officials meet together and decide to kick the union member out of the union. Which of the following is true?

  

o The officials may discipline the union member without question.

o The officials may do nothing.

o The officials may discipline the union member only if he committed   a crime.

o The officials may   discipline the union member after hearing his case.

22. Which of the following is false concerning workers’ concerted activity?

  

o Only union members may engage in concerted activity.

o Concerted activity is any effort of employees to join together to   seek improvements in working conditions.

o Concerted activity is protected under Section 7 of the NLRA.

o Workers are protected from employer discrimination when they   engage in concerted activity.

23. With respect to labor unions, employers used __________ to halt early unionizing efforts.

  

o Yellow dog contracts

o Federal injunctions

o Antitrust laws

o All of the above

24. Wages and hours are considered a(n) __________ bargaining subject.

  

o Permissive

o Yellow Dog

o Mandatory

o Illegal

25. Paige used up her 12 weeks of FMLA leave already this year in order to take care of her sick husband. If Paige herself gets a serious medical condition, which of the following is true?

  

o Paige’s employer can choose not to fire her even if she takes more   leave time off.

o Paige is out of FMLA leave and has no recourse.

o More than one response is correct.

o Paige is entitled to 12 weeks of FMLA leave for herself.