ETH 321

Week 3 Apply Assignment

 

1. Which crime is BEST represented by the following situation? 

Jeff decides that it is time to clean up his act and stop manufacturing bong pipes in his basement. He uses $15,000 from bong pipe sales to open a children’s toy store. The next day, the police bust Jeff for his sale of drug paraphernalia.

  

o Robbery

o Money Laundering

o Larceny

o Embezzlement

2. Penny is seen organizing racks at a local clothing store one day while she shops, and the manager offers her a job. The next day, Penny’s boss from the clothing store across the street comes in and accuses the manager of trying to interfere with Penny’s non-competition agreement. Which of the following is true?

  

o The manager is interfering with Penny’s business relationship with   her boss.

o The manager has committed legitimate interference with a   contractual relationship

o The manager has done nothing wrong because non-competition   agreements are never used in clothing retail.

o The manager has   done nothing wrong.

3. While on a hike with a tour group in the mountains, Derek gets mauled by a bear. No previous reports of bears in the area had been made.  Derek wants to hold the tour company liable for his injury. Which of the following is most likely true?

  

o Because most people would not expect something as dangerous as a   bear encounter while on a hike, an assumption of risk defense will probably   not protect the tour company.

o Derek cannot hold the tour company liable because there is no way   to prepare for or avoid a bear attack.

o Because hiking is   known to have some elements of danger, Derek assumed the risk of a bear attack by joining the tour group.

o The company is not at fault because it does not owe Derek a duty   of care.

4. NuKere, a nuclear plant, accidently leaks hazardous waste onto a nearby property, despite having recently passed a rigorous set of safety checks. Under standards of strict liability, which of the following is true?

  

o Nukere cannot be held liable because anyone living nearby assumes   the risk of hazardous waste toxicity.

o NuKere cannot be held liable, as it just passed a strict set of   safety checks.

o Nukere should be   held liable because of the dangerous nature of hazardous waste. Regardless of safety checks, the accident happened.

o NuKere can be held liable only if there is concrete physical   evidence of harm to people or property.

5. Match each example situation to the defense that would most likely apply to it. (Whether or not the defense will work is not relevant for this question.)

Jesse’s mother dies.  Due to the trauma, Jesse breaks into an ice cream shop and steals all the ice cream and is later caught.

  

o Entrapment

o Diminished Capacity

o Mistake of Law

6. Eduardo is working his way up the ladder in the world of amateur boxing. He makes a stinging remark about his next opponent on TV by saying that his opponent is a coward who probably practices boxing by beating up his wife. Which of the following is true?

  

o Eduardo is not being defamatory because his remarks are statements   of opinion only.

o Eduardo is not being defamatory because it is obvious that the   statement must be false.

o Eduardo is being defamatory because his remarks may   harm his opponent’s reputation.

o Eduardo is being defamatory because the information he published   is true.

7. Rebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that:

  

o Rebekah is liable even though she had no illegal intent

o Rebekah is not liable because she had no illegal intent

o Rebekah is not liable if someone else was witnessed planting the marijuana

o Rebekah is liable only if she was found to be negligent in not   recognizing the marijuana

8. What type of crime is petty theft?

  

o Felony

o Infraction

o Misdemeanor

o Capital Crime

9. Match each example situation to the defense that would most likely apply to it. (Whether or not the defense will work is not relevant for this question.)

Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth’s drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf.

  

o Mistake of Fact

o Duress

o Involuntary   Intoxication

10.Jennifer took a video recording of Jack and Alice fighting in an alley. Jack and Alice disclose multiple private facts about each other through the course of the argument. Jennifer posts the fight on the internet. Which of the following is true?

  

o Jack and Alice can take no action, because Jennifer is not a   professional videographer.

o Jack and Alice can   make a tort claim against Jennifer for public revelation of private facts.

o Jack and Alice can take no action, since they were fighting in a   public place.

o Jack and Alice can make a tort claim against Jennifer for false   light.

11.Which of the following situations would not substantiate a tort claim of infliction of emotional distress?

  

o Offensive behavior when a duty of care is oweds

o Offensive behavior when a person is feeling especially vulnerable

o Repetitive offensive behavior

o Behavior that a   reasonable person would find distasteful

12. What type of crime is money laundering?

  

o Felony

o Infraction

o Misdemeanor

o Capital Crime

13. Match the following situation  to the true statement that suits it best. “Discriminate” in this context means to make an employment decision about employees based on the characteristics described in the text.

Tiana runs an employment agency distributing work assignments to many workers who then work for whatever employer they are assigned to.

  

o May discriminate, no qualifier

o May discriminate, subject to type of business involved

o May not discriminate, subject to time lapse

o May not   discriminate, no qualifier

14. Marley goes outside the duties of her agency in negotiating a business contract between her principal and a customer. Which of the following is true?

  

o If the principal disavows the contract Marley made, it still must   pay for the work.

o The principal is required to ratify the contract Marley made, and   also to pay her for her work.

o If the principal ratifies the contract Marley made, it   must pay her for the work.

o Even if the principal ratifies the contract Marley made, it does   not have to pay her for the work.

15. For the following prompt, which response it aligns best?

Elaine is a secretary for a business. One day a customer comes in to file a new contract while Elaine is seated at her boss’s desk. The customer assumes Elaine is a person of authority, and Elaine is knowledgeable enough to help the customer file the contract. 

  

o Enforceable or unenforceable – no agency

o Enforceable or unenforceable with agency

o Enforceable via factor agent

o Enforceable via employee agent

16. Which of the following would be considered a situation of legal employment discrimination?

  

o Charlie, who does not have a disability, is rejected from a job   position because the employer thinks he has a disability.

o Rene, who has a disability, is rejected from a job position   because another candidate did not have a disability.

o Meryl, who has a   disability, is rejected from a job position because she doesn’t have a certification for the job she would be doing.

o Sheryl, who has a disability, is rejected from a job position   because the employer would have to pay for an accommodation.

17. Kenzie is a broker agent hired to make a deal for the purchase of an office building. Kenzie sells the building.

What is the result related to the status of the agency?

  

o Agency is terminated by incapacity

o Agency is terminated by fulfillment

o Agency is terminated by law

o Agency is not terminated

18. Which statement matches the following scenario?

Joy is a supervisor over Elias. She repeatedly solicits sexual behavior from Elias and does other inappropriate actions that a reasonable person would find offensive. Elias has not solicited the behavior and finds it unwelcome. Joy never imposes a tangible job action against Elias. 

  

o Not guilty of sexual harassment, no qualifier

o Not guilty of sexual harassment, dependent on harassee

o Guilty of quid pro quo sexual harassment

o Guilty of hostile   work environment sexual harassment

19. Penn commits a tort while acting in the interest of her undisclosed principal.

Who is responsible or liable?

  

o Agent only

o Principal and agent

o Principal only

20. Which statement corresponds to this specific situation?

Virgil and Suzanna both apply for the same job. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. Virgil is turned down and Suzanna is hired.

  

o Employer may legally discriminate based on number of employees

o Employer may not legally discriminate

o Employer may legally discriminate based on BFOQ

o Employer may   legally discriminate because the law doesn’t apply to this situation

21. Orlando’s business wants to enact an affirmative action plan. Which of the following would not be a part of the process?

  

o Setting a timeframe for when the business plans to achieve a   certain percentage of minority workers

o Firing majority workers who perform the least well.

o Reviewing the current workforce

o Determining why using an AA plan might be necessary or wise

22. Which statement matches the following scenario?

Layne is romantically interested in his employee, Brenda. He keeps asking her out, and she repeatedly has to turn him down.

  

o Guilty of quid pro quo sexual harassment

o Not guilty of sexual harassment, dependent on harassee

o Not guilty of sexual harassment, no qualifier

o Guilty of hostile work environment sexual harassment

23. Match the following situation  to the true statement that suits it best. “Discriminate” in this context means to make an employment decision about employees based on the characteristics described in the text.

Alfonso prefers only to hire Latino workers because they “fit in” easier with his 12 employees. During a busy season, Alfonso hires three extra workers to help keep up with business, then lets them go when the busy season is over.

  

o May discriminate, no qualifier

o May not discriminate, subject to time lapse

o May not discriminate, no qualifier

o May discriminate, subject to type of business involved

24. Felipe is an illegal immigrant seeking work in the U.S. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant:

  

o Felipe can be deported, and the employer can be   punished.

o Felipe can be deported, and the employer will not be punished.

o Felipe cannot be deported, but the employer can be punished.

o Felipe cannot be deported, and the employer will not be punished.

25. For the following prompt, which response it aligns best?

Megan’s boss is out of town. While she is gone, the company receives a critical tax bill from the state that must be paid immediately. Megan does not have authority to pay bills, but arranges for the company to pay the bill anyway.

  

o Enforceable via employee agent

o Enforceable or unenforceable – no agency

o Enforceable via factor agent

o Enforceable or unenforceable w/ agency

26. Which statement corresponds to this specific situation?

Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is “too old to keep up with the rest of the group.”

  

o Employer may legally discriminate based on number of   employees

o Employer may legally discriminate because the law doesn’t apply to   this situation

o Employer may not legally discriminate

o Employer may legally discriminate based on BFOQ

27. Cathy works in a welding shop. While working one day, a pipe falls from scaffolding above and lands on her head, injuring her. Cathy complains to OSHA, but the company argues that because it has a “watch out for falling pipe” sign in the workplace that it gave fair warning. It also says that if Cathy wasn’t wearing a hardhat that she is responsible for her own injury. Which of the following is true?

  

o Cathy’s employer may not be held liable for her injury if it   fulfilled compliance and general duty requirements.

o Common law rules could hold Cathy responsible for her own injury.

o OSHA rules can hold Cathy’s employer responsible for not   maintaining a hazard-free workplace.

o More than one   answer is correct.

28. Training opportunities are what kind of a bargaining subject?

  

o Mandatory bargaining subject

o Permissive bargaining subject

o Illegal bargaining subject

29. Which of the following was an effect of Norris LaGuardia?

  

o Prohibition against eliminating unions

o Prioritization of employment to a worker over a worker   to his or her business

o Enforcement of federal injunctions.

o Prohibition against concerted activity.

30. Based on the description for this person, determine if he or she is eligible for overtime pay.

Maddox is Gordon’s 17-year-old son. He is a whiz at repairing machines and is employed doing so at the factory full-time during the summer. He has already worked 40 hours this week, but some machines still need repaired.

  

o Maddox must be paid overtime

o Maddox cannot work overtime

31. For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Noel is on break at work and is bored. He climbs up on a conveyer belt and comically uses it as a treadmill. He slips on the belt and falls down, and his hand gets stuck in the belt and is injured. Noel’s actions are typical, and his employer knows that he usually engages in this kind of behavior. 

  

o Noel will be covered

o Noel will not be covered

32. Based on the description for this person, determine if he or she is eligible for overtime pay.

Ella makes minimum wage. Her job title is “System Assembly Supervisor.” She primarily spends her workday putting together electronic components. She is asked to work more than 40 hours this week to meet a deadline.

  

o Ella must be paid overtime

o Ella cannot be paid overtime

33. For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Vicente works at a factory. While he is working, a coworker negligently trying to spin donuts in a forklift runs into him, causing an injury to both workers.

  

o Vicente will not be covered

o Vicente will be   covered

34. Cynthia is a union member at her company. She files a complaint against the union because of what she feels is an unfair rule. Which of the following is true?

  

o Cynthia can have   her union membership stripped from her if she files a complaint.

o Cynthia can file a complaint with the union only.

o Cynthia cannot complain to the union, but she may sue it instead.

o Cynthia may sue the union if her complaint to the union doesn’t   resolve her problem.

35. Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?

  

o Buster is entitled to the leave he is asking for.

o Buster cannot be fired for reasons aside from his need to take   leave.

o Buster’s employer can fire him because he wants to take more   leave.

o Buster cannot take any more leave if he has also used up his sick   leave and vacation days.

36. Darlene and her friends get together for lunch after work. While at lunch, the friends discuss what they can do to solve the problem with excessive overtime at work. Which of the following is true?

  

Darlene and her friends are not engaging in   concerted activity because they are not in a union meeting.

Darlene and her friends are engaging in concerted   activity only if they are union members.

Darlene   and her friends are engaging in concerted activity since they are discussing how to improve working conditions.

Darlene and her friends are not engaging in   concerted activity because they don’t plan to talk to management about the   problem.

37. For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Ginger works at a shop as a mechanic. One day at work, a fellow employee is pinned under a car when a jack fails. Ginger rushes over to help, and while trying to lift the car suffers a stroke.

  

o Ginger will not be covered

o Ginger will be   covered

38. Read the scenario and determine what result the law requires.

The union at Elsa’s firm is on strike because the company has not been following OSHA safety standards. During the strike, management hires a new person to take Elsa’s place. When the strike finally ends, Elsa wants her job back. 

  

o Elsa may not receive her job back

o Elsa must receive   her job back

39. Based on the description for this person, determine if he or she is eligible for overtime pay.

Gordon has already worked 40 hours this week and is asked to come in to work again. Gordon is a manager who constantly has to make decisions about the business’s operation.

  

o Gordon cannot be paid overtime

o Gordon must be paid overtime

40. Which of the following phrases correctly completes the statement?

Al’s Fine Winery has had workers attempting to ban together to form a union. Al’s wants to avoid letting the workers gain too much power by eliminating new workers’ option to join a union at all. Al’s will likely utilize ____________.

  

o Yellow dog contract(s)

o Criminal conspiracy law(s)

o Federal injunction(s)

o Antitrust law(s)

41. Which crime is BEST represented by the following situation? 

Dagan sneaks into an event center through an unlocked window to steal valuable items on display for an event the next day.

  

· Fraud

· Burglary

· Conspiracy

· Larceny

42. Eleanor often borrows her roommate’s car because she does not have one of her own. One day, Eleanor goes on a joy ride on rocky terrain and gets a flat tire. Eleanor refuses to replace the tire because she does not own the car. Which of the following is true?

  

· Eleanor may be held liable under a tort   because the owner can no longer use the car

· Eleanor may be held liable under a tort because   roommates have a legal expectation of compensation for damaged possessions.

· Because Eleanor had permission to use the car,   she has not committed a tort

· Because Eleanor does not own the car, she has not   committed a tort

43. Phineas is an agent assigned to scout out professional players for a football team. One player he brings in has a drug problem, which Phineas knows about but does not disclose to the hiring team. If the player is selected, which of the following is true?

  

· Phineas   has not breached a duty to his principal.

· Phineas   has breached his duty of notification only.

· Phineas has breached more than one of his duties.

· Phineas   has breached his duty of accounting only.

44. Read the scenario and determine what result the law requires.

The union at Cherry’s firm is on strike because it wants higher wages. During the strike, management hires a new person to take Cherry’s place. When the strike finally ends, Cherry wants her job back. Which of the following is true?

  

· Cherry may not receive her job back

· Cherry must receive her job back

45. Which of the following phrases correctly completes the statement?

Alonzo’s Crooked Cake Shop has had workers attempting to unionize in order to be able to work fewer hours per week. Alonzo’s argues in court that because there is only one other cake shop in the region, a strike and other union activities would disrupt competition in the cake business. Alonzo’s is using __________ to prevent union activities.

  

· Antitrust law(s)

· Federal injunction(s)

· Yellow dog contract(s)

· Criminal conspiracy law(s)

46. Ozzy recently started working at a new company. He has been solicited several times to join the union of the company, but he would prefer not to. The union officials tell Ozzy that he won’t be allowed to keep working unless he joins the union. Which of the following is true?

  

· The union officials are   pretending they have a closed shop and can’t influence Ozzy’s decision.

· Ozzy’s requirement   to join the union depends on his state of employment.

· Ozzy must now join the union   because union shops are always legal.

· The union can’t make Ozzy   join the union, but it can require him to pay union dues.

47. Amanda is babysitting when her charge Tomas leaps off a couch onto a glass table and breaks it, leaving him with many cuts. To show that Amanda was negligent, Tomas’s parents must show that:

  

· Amanda owed a duty of care to Tomas

· Amanda breached her duty of watching over Tomas   by her actions (e.g., talking on the phone or not staying in the same room as   Tomas)

· Tomas was harmed only because Amanda breached her   duty to watch over him

· All of the   above

48. Mike is an agent making purchasing orders for Tami. Tami passes away before the agency contract is voluntarily ended. Mike has already done some of the work Tami assigned.

What is the result related to the status of the agency?

  

· Agency is terminated by law

· Agency is terminated by fulfillment

· Agency is terminated by incapacity

· Agency is   not terminated