Tuesday, June 9, 2020

ETH321T Week 3 Apply Exercise SCORE 78 PERCENT

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?
•    The manager is interfering with Penny's business relationship with her boss.
•    The manager has done nothing wrong because non-competition agreements are never used in clothing retail.
•    The manager has committed legitimate interference with a contractual relationship
•    The manager has done nothing wrong.

•   

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.
•    Robbery
•    Embezzlement
•    Larceny
•    Money Laundering

•   

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:
•    Rebekah is liable only if she was found to be negligent in not recognizing the marijuana
•    Rebekah is liable even though she had no illegalintent
•    Rebekah is not liable because she had no illegal intent
•    Rebekah is not liable if someone else was witnessed planting the marijuana

•   

Which of the following situations would not substantiate a tort claim of infliction of emotional distress?
•    Offensive behavior when a person is feeling especially vulnerable
•    Behavior that a reasonable person would find distasteful
•    Repetitive offensive behavior
•    Offensive behavior when a duty of care is owed

•   

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?
•    Eduardo is not being defamatory because his remarks are statements of opinion only.
•    Eduardo is being defamatory because his remarks may harm his opponent's reputation.
•    Eduardo is not being defamatory because it is obvious that the statement must be false.
•    Eduardo is being defamatory because the information he published is true.

•   

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 roommates have a legal expectation of compensation for damaged possessions.
•    Because Eleanor does not own the car, she has not committed a tort
•    Because Eleanor had permission to use the car, she has not committed a tort
•    Eleanor may be held liable under a tort because the owner can no longer use the car

•   

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
•    Larceny
•    Burglary
•    Conspiracy

•   

What type of crime is petty theft?
•    Felony
•    Misdemeanor
•    Infraction
•    Capital Crime

•   

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

•   

What type of crime is money laundering?
•    Capital Crime
•    Felony
•    Misdemeanor
•    Infraction

•   

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?
•    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.
•    Because hiking is known to have some elements of danger, Derek assumed the risk of a bear attack by joining the tour group.
•    Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack.
•    The company is not at fault because it does not owe Derek a duty of care.

•   

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?
•    NuKere cannot be held liable, as it just passed a strict set of safety checks.
•    NuKere can be held liable only if there is concrete physical evidence of harm to people or property.
•    Nukere cannot be held liable because anyone living nearby assumes the risk of hazardous waste toxicity.
•    Nukere should be held liable because of the dangerous nature of hazardous waste. Regardless of safety checks, the accident happened.
•   

Tiana runs an employment agency distributing work assignments to many workers who then work for whatever employer they are assigned to. Which true statement best suits this situation? ("Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.)
•    May discriminate, no qualifier
•    May not discriminate, subject to time lapse(Incorrect)
•    May not discriminate, no qualifier
•    May discriminate, subject to type of business involved

•   

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.
•    Not guilty of sexual harassment, no qualifier
•    Guilty of hostile work environment sexual harassment
•    Not guilty of sexual harassment, dependent on harassee
•    Guilty of quid pro quo sexual harassment (incorrect)

•   

Penn commits a tort while acting in the interest of her undisclosed principal.
Who is responsible or liable?
•    Agent only
•    Principal and agent
•    Principal only

•   

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 not terminated
•    Agency is terminated by law
•    Agency is terminated by fulfillment
•    Agency is terminated by incapacity (Incorrect)

•   

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?
•    Agency is terminated by incapacity
•    Agency is not terminated
•    Agency is terminated by fulfillment
•    Agency is terminated by law

•   

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. Which true statement best suits this situation? ("Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.)
•    May discriminate, subject to type of business involved
•    May discriminate, no qualifier
•    May not discriminate, no qualifier (Incorrect)
•    May not discriminate, subject to time lapse

•   

Which of the following would be considered a situation of legal employment discrimination?
•    Sheryl, who has a disability, is rejected from a job position because the employer would have to pay for an accommodation.
•    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.
•    Rene, who has a disability, is rejected from a job position because another candidate did not have a disability.
•    Charlie, who does not have a disability, is rejected from a job position because the employer thinks he has a disability.
•   

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.
•    Not guilty of sexual harassment, no qualifier
•    Not guilty of sexual harassment, dependent on harassee (Incorrect)
•    Guilty of quid pro quo sexual harassment
•    Guilty of hostile work environment sexual harassment

•   

Orlando's business wants to enact an affirmative action plan. Which of the following would not be a part of the process?
 
•    Setting a timeframe for when the business plans to achieve a certain percentage of minority workers
•    Reviewing the current workforce
•    Determining why using an AA plan might be necessary or wise
•    Firing majority workers who perform the least well.

•   

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."
•    Employer may legally discriminate based on BFOQ
•    Employer may legally discriminate because the law doesn't apply to this situation
•    Employer may not legally discriminate (Incorect)
•    Employer may legally discriminate based on number of employees

•   

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:
•    Felipe can be deported, and the employer can be punished.
•    Felipe can be deported, and the employer will not be punished.
•    Felipe cannot be deported, but the employer can be punished.
•    Felipe cannot be deported, and the employer will not be punished.

•   

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?
•    The principal is required to ratify the contract Marley made, and also to pay her for her work. (Incorrect)
•    If the principal disavows the contract Marley made, it still must pay for the work.
•    Even if the principal ratifies the contract Marley made, it does not have to pay her for the work.
•    If the principal ratifies the contract Marley made, it must pay her for the work.

•   

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.  Which response aligns best with this situation?
•    Enforceable via factor agent
•    Enforceable or unenforceable with agency
•    Enforceable or unenforceable—no agency (Incorrect)
•    Enforceable via employee agent

•   

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. Which response best first the situation?
•    Enforceable or unenforceable—no agency
•    Enforceable via factor agent
•    Enforceable or unenforceable with agency
•    Enforceable via employee agent

•   

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, she is responsible for her own injury. Which of the following is true?
•    OSHA rules can hold Cathy's employer responsible for not maintaining a hazard-free workplace.
•    More than one answer is correct.
•    Cathy's employer may not be held liable for her injury if it fulfilled compliance and general duty requirements.
•    Common law rules could hold Cathy responsible for her own injury.

•   

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.
•    Ginger will not be covered
•    Ginger will be covered

•   

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 must receive her job back
•    Cherry may not receive her job back

•   

Training opportunities are what kind of a bargaining subject?
•    Permissive bargaining subject
•    Mandatory bargaining subject
•    Illegal bargaining subject

•   

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.
•    Elsa must receive her job back
•    Elsa may not receive her job back

•   

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?
•    Cynthia can have her union membership stripped from her if she files a complaint.
•    Cynthia can file a complaint with the union only.
•    Cynthia cannot complain to the union, but she may sue it instead.
•    Cynthia may sue the union if her complaint to the union doesn't resolve her problem.

•   

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.
•    Noel will be covered
•    Noel will not be covered

•   

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?
•    Buster cannot take any more leave if he has also used up his sick leave and vacation days.
•    Buster's employer can fire him because he wants to take more leave.
•    Buster is entitled to the leave he is asking for.
•    Buster cannot be fired for reasons aside from his need to take leave.

•   

Fill in the blank that 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 ____________.
•    Criminal conspiracy law(s)
•    Antitrust law(s)
•    Federal injunction(s)
•    Yellow dog contract(s)

•   

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. Is Max eligible for overtime pay?
•    Maddox cannot work overtime
•    Maddox must be paid overtime

•   

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. Is Ella eligible for overtime pay?
•    Ella cannot be paid overtime
•    Ella must be paid overtime

•   

Which of the following was an effect of Norris LaGuardia?
•    Prohibition against eliminating unions (Incorrect)
•    Prioritization of employment to a worker over a worker to his or her business
•    Enforcement of federal injunctions.
•    Prohibition against concerted activity.

•   

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 not engaging in concerted activity because they don't plan to talk to management about the problem.
•    Darlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions.
•   

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?
•    Ozzy's requirement to join the union depends on his state of employment.
•    The union officials are pretending they have a closed shop and can't influence Ozzy's decision.
•    The union can't make Ozzy join the union, but it can require him to pay union dues.
•    Ozzy must now join the union because union shops are always legal.





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