Q&A Hero

Q: The ________ is a federal statute that prohibits age discrimination regarding employee benefits. A) FEPA B) OWBPA C) ADEA D) EEOC

Q: The ________ imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate physically challenged individuals. A) ADEA B) OWBPA C) ADA D) FEPA

Q: Which of the following is considered a major physiological impairment by the ADAAA? A) undergoing mental stress B) a history of surgery C) nursing a temporary but contagious ailment D) having cancer

Q: The ________ is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information. A) ADA B) GINA C) ADAAA D) OWBPA

Q: A(n) ________ provides that certain job preferences will be given to members of minority racial and ethnic groups, females, and other protected-class applicants when making employment decisions. A) retaliation B) affirmative defense C) affirmative action plan D) reasonable accommodation plan

Q: Which of the following is true of religious discrimination? A) Only monotheistic religions are covered under Title VII. B) An employer need not accommodate religious observances or practices of its employees at the workplace. C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII. D) Religious organizations can give preference in employment to individuals of a particular religion.

Q: Why is proving a bona fide occupational qualification essential? A) for discrimination to be legal B) to establish the employer's violation of Title VII C) to establish the employee's claim is fraudulent D) for an employee to claim being discriminated against by the employer

Q: The ________ protects both sexes from pay discrimination based on sex. A) Lilly Ledbetter Fair Pay Act B) Fair Employment Practices Act C) Title VII of Civil Rights Act D) Equal Pay Act

Q: Which of the following is true of the Equal Pay Act? A) It protects both sexes from pay discrimination based on gender. B) Federal workers are covered under the Equal Pay Act. C) Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act. D) An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased.

Q: An employer pays higher wages to Shellywho has worked with the company for six yearsthan Samuel, who holds a similar position to Shelly and performs the same functions as her, and has worked with the company for only five and a half years. Which of the following is true of this case? A) The employer has violated the Fair Employment Practices Act. B) The employer is liable for disparaged-treatment discrimination. C) The employer is liable for disparaged-impact discrimination. D) The employer has not violated the Equal Pay Act.

Q: Which of the following is true of sexual harassment? A) Same-sex harassment is not covered under Title VII. B) An employee being harassed at the workplace is not obligated to report it to the employer. C) Sending offensive e-mail is considered sexual harassment. D) Absence of a complaint policy makes an employer liable for disparate-impact discrimination.

Q: Jason Smith is a Hispanic scriptwriter from Brazil who works for a television show on an American cable network. He was fired after the producer came to know that Smith was a scientologist by faith. The producer's official reason for this termination was that as Smith was based in Brazil, communication was a problem. This is an example of ________ discrimination that violates Title VII of the Civil Rights Act. A) racial B) religious C) national origin D) disparate-impact

Q: Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the work place? A) The plaintiff-employee was harassed by other employees who are no longer employed by the employer. B) The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer. C) The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer. D) The plaintiff-employee misinterpreted words or actions by the employer or his employees which were not intended to cause sexual harassment.

Q: An employee who believes that he or she is being sexually harassed has a duty to report the harassment to the ________. A) EEOC B) FEPA C) employer D) law enforcement authorities

Q: Which of the following best describes quid pro quo sex discrimination? A) employment discrimination because of pregnancy, childbirth or related medical conditions B) discrimination where sexual favors are requested in order to obtain a job or be promoted C) discrimination in hiring or promotion based on the gender of the employee under consideration D) selective or partial treatment offered to an employee or a group of employees based on their gender

Q: In 1978, the ________ which prohibits employment discrimination because of pregnancy, childbirth, or related medical conditions was enacted as an amendment to Title VII of the Civil Rights Act. A) Pregnancy Discrimination Act B) Sex Discrimination Act C) Gender Discrimination Act D) Sexual Harassment Act

Q: Lila Miller who works for a large software firm is four-months pregnant and is due for a promotion. However, her employer offers the promotion to Harry Oswald, a less-experienced candidate, as Lila would go on maternity leave soon and would be unable to perform her duties. Which of the following is true of this scenario? A) Lila's employer is liable for disparate-treatment discrimination. B) Lila's employer is liable for disparate-impact discrimination. C) The employer was lawful in denying Lila the promotion. D) Lila's employer has violated Title VII of the Civil Rights Act of 1964.

Q: Using a sexually explicit picture or screensaver to mock an employee constitutes ________. A) gender discrimination B) quid pro quo sex discrimination C) sexual harassment D) physical abuse

Q: The U.S. Supreme Court has held that sexual harassment that creates a hostile work environment violates ________. A) Title VII of the Civil Rights Act B) Fair Employment Practices Act C) Title II of GINA D) Title I of the ADA

Q: Most jurisdictions hold the ________ liable for injuries caused on a dual-purpose mission.

Q: Under the ________ test, the principal is liable for any intentional torts committed by an agent during working hours on the principal's premises.

Q: An employee, motivated by jealousy, injures a colleague who dated her boyfriend on work premises and during work hours. Based on the ________ test, the principal is liable.

Q: A car salesperson is employed to sell the principal's car, and the principal tells the agent that the car was repaired after it was involved in a major accident. If the agent intentionally tells the buyer that the car was never involved in an accident, the agent has committed the tort of ________.

Q: If a person employs an architect to design the layout of his or her own home, it would constitute a(n) ________ relationship.

Q: Which of the following is true of sex discrimination? A) It is not the same as gender discrimination. B) Prohibition against sex discrimination applies only to women, not men. C) Employment discrimination because of pregnancy is sex discrimination. D) Sex discrimination is covered by Title II of GINA.

Q: Gem's principal asked her to pick up his dry-cleaning on her way to work. After she had picked up the dry-cleaning and while driving to work, Gem knocked over an old man crossing the street as she did not apply the brakes in time. Under the theory of ________, Gem's principal is liable to the injured man.

Q: Agents sometimes do things during the course of their employment to further their own interests rather than the principal's interests. This is commonly referred to as ________.

Q: Sometimes, principals request that agents run errands or conduct other acts on their behalf while the agent or employee is on personal business. This is an instance of ________ for the agent.

Q: Harrison hires an agent to look for a three-bedroom house in Atlanta. Elaine, the agent, finds a three-bedroom house in Harrison's budget but buys it herself without informing Harrison. This is an instance of the agent's ________.

Q: ________ is a rule that says an employer is liable for the tortious conduct of its employees or agents while they are acting within the scope of the employer's authority.

Q: A power of attorney where a principal confers powers on an agent to act in specified matters on the principal's behalf is referred to as ________.

Q: A duty that a principal owes to pay an agreed-upon amount to the agent either upon the completion of the agency or at some other mutually agreeable time is known as a principal's ________.

Q: The ________ is a principal's duty to cover the agent for any losses the agent suffers because of the principal's conduct.

Q: An agency, that occurs when a principal and an agent do not expressly create an agency but it is inferred from the conduct of the parties, is known as a(n) ________.

Q: Explain in brief the liability for an independent contractor's torts.

Q: List the circumstances that can lead to termination by impossibility of performance.

Q: A party who employs another person to act on his or her behalf is known as a(n) ________.

Q: A(n) ________ is a contract a principal and agent enter into that says the principal cannot employ another agent other than the one stated.

Q: The termination of an agency contract in violation of the terms of the agency contract is referred to as ________. A) termination by an unusual change in circumstances B) termination by impossibility of performance C) terminated by operation of law D) wrongful termination

Q: What is an implied agency?

Q: Why can an agent not take an opportunity meant for the principal? When is an agent permitted to take such an opportunity? Give an illustration depicting an agent's violation of his or her duty of loyalty.

Q: Describe the operation of a fully disclosed agency.

Q: Who is an independent contractor?

Q: Which of the following would lead to the termination of an agency by operation of law? A) loss or destruction of the subject matter of the agency B) death of either the principal or agent C) loss of a required qualification D) a change in the law

Q: Gerard wants to get some land cleared in Texas. With the help of a consulting agency, he hires Carlos, an independent contractor. Carlos procures dynamite from a legitimate dealer, to be used in clearing the land. However, the explosion of dynamite causes cracks to appear in the outer walls of a nearby house. Who is liable to the owner of the damaged house? A) Gerard B) Carlos C) both Gerard and Carlos D) the consulting agency

Q: A client hires a lawyer as an independent contractor to represent her in a civil lawsuit against a defendant to recover monetary damages. If the client authorizes the lawyer to settle a case within a certain dollar amount and the lawyer does so, which of the following would be true? A) The agreement is invalid after the lawyer's contract with the principal terminates. B) The agreement is void because independent contractors cannot enter into contracts. C) The agreement is binding only when there is no financial settlement involved. D) The settlement agreement is binding for the client.

Q: If an independent contractor enters into a contract with a third party on behalf of the principal without express or implied authority from the principal to do so, who among the following is liable on the contract? A) the principal B) the independent contractor C) the third party D) both the principal and independent contractor

Q: Which of the following is true of a principal-independent contractor relationship? A) Principals are bound by the authorized contracts of their independent contractors. B) Independent contractors cannot be authorized by principals. C) Independent contractors are employees of the principals. D) Principals cannot directly employ independent contractors.

Q: Which of the following qualifies as termination of an agency by impossibility of performance? A) the loss of a required qualification B) the bankruptcy of the principal C) the insanity of either the principal or the agent D) the conviction of either the principal or the agent

Q: Which of the following best describes a partially disclosed agency? A) an agent with multiple principals who do not know each other's identities B) a transaction in which the third party does not know the identity of the agent C) a transaction in which the third party knows the agent, not the principal D) an agent who discloses only the name of his or her principal in a transaction

Q: Which of the following is true of an undisclosed agency? A) The third party has no knowledge of the agency. B) The third party knows the agent, not the principal. C) All transactions with the third party are made by the principal without involving the agent. D) Transactions under such an agency are considered unlawful.

Q: Jamie is a lawyer who runs her own law firm specializing in real estate law. Raymond, a real estate developer, hires Jamie to represent him in the purchase of land. Jamie is the ________. A) principal B) agent C) third-party D) independent contractor

Q: On the advice of her colleague, Stacey hires Harold, a lawyer and an independent contractor, to represent her in a court case. While driving to the courthouse to represent Stacey at trial, Harold negligently causes an automobile accident in which a bystander, Mildred, is severely injured. Who is liable to Mildred? A) Stacey B) Harold C) Stacey's colleague D) the firm that represents Harold

Q: Which of the following is true of an independent contractor's liability? A) The agent is liable for torts committed by an independent contractor. B) The contractor is personally liable for all his or her torts. C) The principal is liable for the independent contractor's torts. D) Both the principal and the independent contractor are liable for the contractor's torts.

Q: A ________ is a deceit in which an agent makes an untrue statement that he or she knows is not true. A) partially disclosed agency B) misrepresentation C) respondeat superior D) dual-purpose mission

Q: Which of the following is true of misrepresentation? A) An intentional misrepresentation by an agent is not considered fraud or deceit. B) The principal is not liable for an agent's intentional misrepresentation. C) A third party cannot recover damages from the principal due to an agent's intentional misrepresentation. D) The principal is liable for an agent's innocent misrepresentation.

Q: Which of the following torts committed by an agent is the liability of the principal? A) substantial frolic and detour B) accidents caused by an agent on the way to work C) accidents caused by an agent on the way from work D) negligence

Q: In a fully disclosed agency, the contract is between ________. A) a principal and an agent B) a principal and a third party C) an agent and a third party D) a principal, an agent, and a third party

Q: Which of the following is true of a fully disclosed agency? A) The third party does not know the identity of the principal. B) The third party knows the name of the principal, but all transactions are done with the agent. C) The contract is between the principal, agent, and the third party. D) The principal is liable on the contract with a third party.

Q: Under the ________ test, if the agent committed an intentional tort to promote the principal's business, the principal is liable for any injury caused by the tort. A) work-related B) motivation C) promotional D) dual agency

Q: Fiona works for Open Heart Hospital and lives 10 miles away from her place of work. The hospital has provided her with a car to commute and also pays for its upkeep. If she accidentally injures a person while driving to work in the morning, which of the following would be true? A) Open Heart Hospital is completely liable for the injury caused. B) The injured person can sue Open Heart Hospital but can only recover reimbursement for his or her medical expenses due to the injury. C) Both Fiona and Open Heart Hospital are liable to the injured person. D) Only Fiona is liable for her negligence.

Q: A dual-purpose mission is a situation that occurs when ________. A) an agent works for two or more principals with conflicting interests B) a principal requests an agent to run an errand when the agent is on his or her own personal business C) an agent who works for more than two principals but has similar agency relationships with both D) an agent competes with the principal in a business with interests similar to the principal's business, after their agency has ended

Q: Which of the following is considered an intentional tort? A) negligence B) innocent misrepresentation C) fraud D) dual-purpose mission

Q: In which of the following cases is a motivation test used to establish the employee's motive? A) An employee commits a tort to promote the principal's business, outside work premises. B) An employee commits an intentional tort against another employee at work premises. C) An employee commits an unintentional tort that helps promote the principal's business. D) An employee assaults another employee due to personal reasons.

Q: Which of the following is true of dual agency? A) An undisclosed dual agent is allowed to retain compensations of the transaction provided he or she discontinues the dual agency. B) Examples of dual agents are finders and middlemen. C) Dual agency is permitted if all parties in the transaction agree to it. D) Dual agency is permitted as long the interests of both principals are similar.

Q: Which of the following is true of tort liability for principals and agents? A) A principal is responsible for the tortious conduct of an agent irrespective of the scope of his or her authority. B) An agent is fully liable for his or her tortious conduct while on duty for the principal. C) An agent is liable for the principal's tortious conduct if he or she participates in it. D) An agent and a principal cannot be held responsible for the same tort.

Q: What is vicarious liability? A) non-liability B) liability for multiple torts C) liability without knowledge D) liability without fault

Q: Minksine Corporation employs Sandy as its marketing manager. Sandy is driving her automobile to attend a meeting with a client on behalf of her employer. On her way to the meeting, Sandy is involved in an automobile accident that is caused by her negligence. Several people are seriously injured in the accident. Which of the following is true of this case? A) Sandy is solely liable for damages caused by the accident. B) The injured people cannot recover damages from Sandy. C) Minksine Corporation is liable for the injuries caused by Sandy. D) The injured people can only claim medical reimbursement from Minksine Corporation.

Q: ________ occurs where a principal is liable for an agent's tortious conduct because of the employment contract between the principal and agent, not because the principal was personally at fault. A) Vicarious liability B) Negligence C) Liability with fault D) Misrepresentation

Q: ________ is a situation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principal's. A) Coming and going B) Frolic and detour C) Self-dealing D) Dual-purpose mission

Q: According to the coming and going rule, what is the liability of the principal for injuries caused by its agents and employees while they are on their way to or from work? A) complete liability B) vicarious liability C) limited liability D) no liability

Q: Which of the following statements is true of an agent taking an opportunity? A) An agent can legally take an opportunity that is entitled to the principal. B) A third-party offer to an agent need not be conveyed to the principal. C) An agent cannot appropriate an offer for himself or herself once the principal rejects it. D) A principal is permitted to recover a usurped opportunity from an agent.

Q: Which of the following is a course of action for a principal if an agent is found competing with him or her? A) The principal can recover damages from the agent if the competition continues after the agency has ended. B) The principal can recover profits made by the agent. C) The principal is given an option of buying the agent's competing venture. D) The principal is not allowed to recover for lost sales due to the agent's competing venture.

Q: Which of the following is an instance of misuse of confidential information? A) An agent gives the seller the principal's name and phone number in a fully disclosed transaction. B) A principal gives the contact details of an agent to a third-party without the agent's knowledge. C) An agent withholds critical information from the principal about the agency. D) An agent divulges details of his past employer to his principal.

Q: Ashley owns a piece of vacant real estate through which a small river runs. Ashley hires Warren, a licensed real estate broker, to list the property for sale and help sell the property. While inquiring in the neighborhood, Ashley's neighbor Lenny tells Warren that a chemical plant upstream has polluted his property and that Warren should have environmental engineers test the soil on Ashley's property as well. Warren does not tell Ashley about Lenny's suggestion. Warren manages to find a buyer for Ashley's property in Martha. It is later discovered that the property Martha bought from Ashley is also polluted. What important agent's duty has Warren failed to perform? A) duty to indemnify B) duty to account C) duty to reimburse D) duty to notify

Q: If a casting agent works for two Hollywood actors, the agent is liable for ________. A) dual agency B) competing with the principal C) usurping an opportunity D) self-dealing

Q: Which of the following describes an agency by estoppel? A) an agency that arises when a principal ratifies a contract created by an unauthorized agent B) an agency created when a principal and an agent expressly agree to enter into an agency agreement C) an agency that is not expressly stated but is implied and inferred in the conduct of the parties D) an agency that arises when a principal creates the appearance of an agency that in actuality does not exist

Q: Which of the following is true of an apparent agency? A) The authority of an apparent agent is implied from the conduct of the parties. B) The third-party is not bound to a contracted created by an apparent agent. C) The principal is bound to the contracts entered into by an apparent agent. D) The actions of an apparent agent create an apparent agency.

Q: Ronald, the purchasing manager of Tellys Supermarket in Georgia, was asked to buy an order of the latest videogame console, FunCase, to keep in the supermarket. However, due to a truckers' strike, he had to make a trip to the FunCase warehouse, which was in Florida. Ronald paid for the trip himself, went to the warehouse, procured the shipment, and returned. After he got back, Tellys Supermarket paid Ronald for the trip he made to Florida. What duty of the principal did Tellys Supermarket perform here when they paid Ronald for the trip to Florida? A) duty to cooperate B) duty to reimburse C) duty to compensate D) duty to indemnify

Q: What is imputed knowledge? A) information collected by a principal prior to engaging in an agency B) information collected by a principal on an agency C) information learned by an agent that is attributed to the principal D) information learned by a principal that is attributed to an agent