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Q:
Sociological jurisprudence maintains that:
A. statutes should be interpreted based on their plain meaning.
B. courts must look beyond the plain meaning of a statute to consider the law's legislative purpose.
C. courts should not consider the legislative purpose as well as their perceptions of the prevailing public policies in interpreting statutes.
D. the law is the command of legitimate political institutions and must be enforced to the letter.
Q:
They believe that decisions are often more attributable to the biases and moods of decision makers than they are to the formal legal rules that are supposed to determine the outcome.
A. Legal realists
B. Legal positivists
C. Legal sociologists
D. Natural law thinkers
Q:
The adversary system is characterized by:
A. the idea that ultimate truth and justice will prevail if each party to a dispute is represented by competent attorneys providing the strongest possible representation.
B. the minimal role played by lawyers.
C. the unconditional free reign granted to judges.
D. the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak with his attorney.
Q:
Natural law thinkers believe that:
A. law and morality are inseparable.
B. there is no law superior to that promulgated by political institutions.
C. all laws should have an environmental focus.
D. natural law provides the level of predictability attained by legal positivism.
Q:
A useful tool for understanding and persuading that combines basic analytical thinking with recognition of the special features of the underlying legal system is:
A. sociological jurisprudence.
B. legal positivism.
C. legal reasoning.
D. analytical reasoning.
Q:
The constitutional prohibition of ex post facto laws:
A. applies to statutory law.
B. aims to minimize the possibility of failure if the business has to go to court to enforce its rights.
C. applies to common law.
D. gives lawyers a great deal of discretion in selecting an appropriate strategy for handling a legal dispute.
Q:
A feature of decisional law in common law systems which says that, a court, in making a decision, should follow the rulings of prior cases that have similar facts is:
A. caveat emptor.
B. ex post facto laws.
C. stare decisis.
D. contra proferentem.
Q:
Stare decisis:
A. renders law rigid and unchanging.
B. lends predictability to decisional law by relying on prior decisions.
C. makes the law unadaptable because the rule from a precedent case is applied selectively.
D. creates harsh results by refusing to recognize equitable exceptions.
Q:
Which of the following is true of the operation of stare decisis?
A. The lawyer or judge can only state narrowly, the rule to be applied from the precedent cases.
B. A legislature cannot override stare decisis and change a common law rule by enacting a statute.
C. The highest appeals court in a jurisdiction cannot overrule a precedent case.
D. A court has considerable freedom in picking precedent cases.
Q:
Legal positivists:
A. believe that law should be shaped by public policy and morality.
B. confine their legal analysis to the plain meaning of the words.
C. believe that law must always look to equitable exceptions to the law on the books.
D. consider public policy and their own sense of morality when interpreting the law.
Q:
Under private law:
A. persons may create legally-binding agreements through their power to contract.
B. persons may enter into contracts, but the contracts will not be upheld in court.
C. persons may create their own rules when there is no prior statute.
D. persons may make their own rules only after studying practice of similar precedents.
Q:
Legislation enacted by governmental units smaller than a state (cities and towns) is called:
A. common law.
B. an administrative regulation.
C. an ordinance.
D. a treaty.
Q:
A treaty becomes "the supreme law of the land" when:
A. it lends predictability to decisional law by relying on prior decisions.
B. it is an agreement made by the president with a foreign government and two-thirds of the Senate ratifies it.
C. it establishes rules that govern certain kinds of activities, such as the use of automobiles on highways.
D. it adds details to the government framework by establishing a regulatory agency.
Q:
Which of the following statements is true of an independent agency?
A. Independent agencies are headed by the president.
B. Independent agencies are a part of the executive branch of the government.
C. Independent agencies are headed by a board or commission.
D. Independent agencies are given authority only to enforce rules made by the Congress.
Q:
Common law arises when:
A. courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.
B. constitutional statutes are found to interfere with the freedom of expression.
C. there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law.
D. the government wishes to encourage certain kinds of investments.
Q:
Under the power of judicial review:
A. a judge may render a legal rule unenforceable by declaring it in conflict with a constitution.
B. lower courts may decide that higher court decisions are not valid.
C. courts make law by drafting new statutes.
D. the court may override the acts of the Constitution.
Q:
If a person carelessly runs a car into yours, the person has committed:
A. civil tort of negligence.
B. substantive tort of negligence.
C. criminal tort of negligence.
D. procedural tort of negligence.
Q:
If the behavior of someone who commits a tort is outrageous, that person can be made to pay compensatory and:
A. special damages.
B. punitive damages.
C. liquidated damages.
D. nominal damages.
Q:
Local legislation regulating zoning and noise levels are examples of:
A. ordinances.
B. treaties.
C. administrative rules.
D. administrative decisions.
Q:
One distinction between civil law and criminal law is:
A. civil law can be created only by statute.
B. criminal law is completely procedural.
C. criminal law is concerned with breaches of duty to society at large.
D. the U.S. Constitution does not apply to civil lawsuits.
Q:
By involving a lawyer in the business-planning process, a desired business objective can be reached with less legal risk.
Q:
The law that seeks to prevent certain practices that might reduce competition and thus increase prices is:
A. tax law.
B. consumer law.
C. antitrust law.
D. contract law.
Q:
Which of the following is an example of procedural law?
A. Receiving food stamps
B. Rules as to how a court's decision is to be enforced
C. The right of self-defense
D. The freedom of speech granted by the U.S. Constitution
Q:
The freedom of speech granted by the U.S. Constitution is an example of:
A. civil law.
B. substantive law.
C. criminal law.
D. procedural law.
Q:
Law must be predictable yet flexible enough to accommodate change.
Q:
The doctrine that says a court, in making a decision, must follow precedents of prior cases is called the ex post facto rule.
Q:
The highest appeals court in a jurisdiction cannot overrule a precedent case.
Q:
Unlike legal positivists, legal sociologists stress the need for law to change and keep pace with the evolution of society.
Q:
Civil law arises when courts are called upon to resolve disputes for which there is no statute or other sources of law to establish rules.
Q:
Most courts refer to a statute's legislative history when the language is unclear.
Q:
The Constitution's commerce clause allows the President to regulate interstate and foreign commerce.
Q:
Where there is a conflict between state laws and federal laws, state laws will prevail since they better understand the immediate needs of their citizens.
Q:
Under the notion of federalism, the United States is composed of 51 different legal systems.
Q:
Each state has a constitution that is similar to the U.S. Constitution in the design of the government it provides.
Q:
Statutory law varies from state to state.
Q:
Substantive law comprises rules as to what cases a court can decide, how a trial is conducted, and how a judgment by a court is to be enforced.
Q:
The Civil Rights Act of 1964 is an example of substantive law.
Q:
Procedural law establishes rights and privileges.
Q:
Mention the personnel who are exempt from the National Labor Relations Boards authority.
Q:
How are union elections decided by cards? Are such elections recognized by employers?
Q:
What does the general counsel of the National Labor Relations Board supervise?
Q:
What are the key provisions of the Wagner Act?
Q:
Union carpenters refused to work for a brewing company. They also refused to be involved in the construction work that was carried out in the company and for its adjoining tenant. They attempted to persuade members of other unions similarly to refuse to work, and picketed the brewers premises, displaying signs that read Unfair to Organized Labor. In this case, are the actions of the employees protected from federal prosecution?
Q:
Nearly three-quarter of a million professionals such as teachers, immigration officials, court workers, and other unionized civil servants were on a strike. These workers were protesting harsh austerity policies by the American government that asked poor and middle class Americans to sacrifice in the form of pension costs and pay cuts, but left the rich largely untouched. In this case, can the strike be enjoined by the federal courts?
Q:
What are compulsory bargaining issues? How are such issues classified?
Q:
How did the Clayton Act affect the balance of the bargaining power between labor and management?
Q:
Which act established the National Mediation Board? What are its primary functions?
Q:
List the specific acts of persons and organizations that are not subject to federal court injunctions as listed by the Norris-LaGuardia Act.
Q:
United Workers called a strike at the Manfield Coal Company. The impoverished mine workers quickly caved and asked to be rehired. The mine owners agreed to rehire them on one condition. The workers had to surrender their union charter and agree to a company union. The management made it a condition of employment that employees agree not to join a labor union. In this case, what type of contract are the mine workers asked to sign?
Q:
A union of American fishermen was peacefully picketing a foreign ship operated entirely by a foreign crew in an American port. They were protesting to prevent the ship from unloading its cargo in the port. Does the federal court have the power to issue injunctions in this case?
Q:
What is a union? Are unions good as a concept?
Q:
Picketing to force an employer to recognize an uncertified union is an unfair labor practice when
A. the employer has refrained from recognizing another union as the collective bargaining agent of its employees.
B. it has been conducted with an aim to prevent secondary boycotts.
C. a valid representation election has been conducted by the National Labor Relations Board within the past 12 months.
D. it has been conducted for an unreasonable time, in excess of 10 days.
E. it has been conducted with a petition for a representation election being filed with the National Labor Relations Board.
Q:
It is an unfair labor practice to picket to force an employer to recognize an uncertified union when
A. it has been conducted for an unreasonable amount of time, in excess of 30 days.
B. it has been more than a year since a valid representation election has been conducted by the National Labor Relations Board.
C. the members of the uncertified union have signed a hot-cargo contract.
D. the members of the uncertified union have signed a yellow-dog contract.
E. the employer has not recognized a union as the collective bargaining representative of its employees.
Q:
The Landrum-Griffin Act is also known as the ______.
A. National Labor Relations Act
B. Labor-Management Reporting and Disclosure Act
C. Railway Labor Act
D. Employment Bill of Entitlements Act
E. Federal Arbitration Act
Q:
The Landrum-Griffin Act prohibits ______.
A. secondary boycotts
B. strikes
C. lockouts
D. yellow-dog contracts
E. whistleblowing
Q:
What is collective bargaining? When is collective bargaining successful?
Q:
Which of the following statements is true of jurisdictional strikes?
A. They are legal only if it is between a union member and management.
B. They involve more than one employer.
C. They are unfair labor practices.
D. They are a fair way for unions to gain bargaining position.
E. They help employers to rein in erring unions.
Q:
A ______ is one in which an employer voluntarily agrees with a union that the employees should not be required by their employer to handle or work on goods or materials going to or coming from an employer designated by the union as unfair.
A. yellow-dog contract
B. hot-cargo contract
C. voluntary arbitration contract
D. union clause
E. take-it-or-leave-it demand
Q:
The dispute in a jurisdictional strike is between
A. an employee and a union.
B. two employees.
C. the national and local chapters.
D. two unions.
E. the government and a union.
Q:
______ are used to force an employer to assign work to employees in one craft union rather than another.
A. Hot-cargo contracts
B. Union security clauses
C. Yellow-dog contracts
D. Jurisdictional strikes
E. Vertical restraints
Q:
Mike is an employee at JVV Corp. The company is located in a right-to-work state. Which of the following statements is true in this case?
A. The union must still collect a non-association fee from Mike.
B. Mike is required to pay representation fees to the union.
C. Mike is outside the purview of the collective bargaining agreement.
D. The union must handle Mikes grievances, if any, with the management.
E. Mike has to enter into an agreement requiring membership in a union as a condition of continued employment.
Q:
Which of the following statements is true of suits against unions?
A. Individuals who violate no-strike provisions of a collective bargaining contract can be sued for action.
B. A labor organization may not be sued for the acts of its agents.
C. Members may not recover the money damages they suffer because of an illegal strike.
D. If a union activity is both an unfair labor practice and a breach of a collective bargaining agreement, National Labor Relations Boards authority is not exclusive.
E. Since workers can bargain individually when represented by a union, the union has an implied duty of fair representation to act reasonably, with honesty of purpose, and in good faith.
Q:
Which of the following statements is true of the Taft-Hartley Act?
A. It provides that suits for breach of a contract between an employer and a labor organization can be filed in the federal district courts.
B. It allows individuals to be sued for violating no-strike provisions of a collective bargaining contract.
C. It created the National Labor Relations Board to administer the act.
D. It established and defined six unfair labor practices by employers.
E. It authorized the National Labor Relations Board to conduct hearings on unfair labor practice allegations.
Q:
Which of the following statements is true of a local union?
A. It can be sued for failing to enforce the international unions constitution and bylaws.
B. It can disregard national bylaws if the local membership has voted to do so.
C. It is bound by international bylaws only if they are unanimously approved by its members.
D. It cannot be sued by anyone except the national union of which it is a part.
E. It can sue a member of the union for not bargaining individually when represented by the union.
Q:
Which of the following statements is true of unions?
A. They represent all employees in the bargaining unit, including those who are nonunion.
B. They represent only those members of a bargaining unit who pay dues.
C. They can by sued only by the employees for a breach of contract and not by the employers.
D. They cannot represent those who are nonunion in bargaining.
E. They can sue a union member for not bargaining individually when represented by the union.
Q:
______ laws prohibit agreements requiring membership in a labor organization as a condition of continued employment of a person who was not in the union when hired.
A. Right-to-work
B. Right-to-wage
C. Right-to-union
D. Right-to-choice
E. Right-to-information
Q:
Denver Crate Universitys faculty is unionized. The faculty wants increased wages. When the University refuses to bargain on wages, they vote to strike. Which of the following statements is true under the Taft-Hartley Act?
A. A 60-day cooling-off period would apply in this situation.
B. The faculty union cannot strike if the University gives them a reason for not increasing their wages.
C. The faculty has violated the Taft-Hartley Act by striking for an increase in wages.
D. A cooling-off period would not be applicable in this situation.
E. The faculty would be held guilty of precipitating a state of national emergency.
Q:
Lois has applied for a job at OneStop Everyday Market, a grocery store chain. She is told that after thirty days she is required to join the union representing the employees of OneStop. In this case, OneStop Everyday Market is a(n) ______.
A. agency shop
B. union shop
C. right-to-work shop
D. sweatshop
E. open shop
Q:
A place of employment that requires a person to be a union member before applying for a job is said to be a(n) ______.
A. limited access shop
B. open shop
C. closed shop
D. mandatory membership shop
E. agency shop
Q:
One of the major changes brought about by the Taft-Hartley Act was the outlawing of the ______.
A. union shop
B. open shop
C. closed shop
D. hot-cargo contract
E. yellow-dog contract
Q:
Which of the following statements is true of compulsory bargaining issues between an employer and the employee union?
A. In-plant food and related services are not compulsory bargaining issues.
B. Wages are compulsory subjects, while bonuses are not.
C. Courts tend to defer to the Department of Labor in classifying collective bargaining subjects, especially in the area of terms or conditions of employment.
D. Under no circumstances can parties take steps that are against best interests of the other party.
E. Neither the employer nor the union must make concessions to the other concerning a mandatory subject of bargaining.
Q:
The Labor-Management Relations Act was enacted in 1947 to amend the Wagner Act to
A. ensure that employers support unions by providing them with facilities.
B. limit management retaliation for unionization.
C. balance the bargaining power between employers and unions.
D. strengthen antitrust laws.
E. establish a federal minimum wage.
Q:
The Taft-Hartley Act provides injunction power against
A. all strikes and lockouts that involve private employees.
B. all strikes and lockouts that create a national emergency.
C. all strikes and lockouts that involve the interstate sale of goods.
D. shutdown of companies in cases involving natural disasters.
E. mass layoffs by companies in cases involving right sizing.
Q:
Congress authorized the Federal Mediation and Conciliation Service to help achieve the goals of the ______.
A. Clayton Act
B. Sherman Act
C. Wagner Act
D. Taft-Hartley Act
E. Comstock Act
Q:
In classifying collective bargaining subjects, especially in the area of terms or conditions of employment, courts tend to defer to the special expertise of the ______.
A. Department of Labor
B. Department of Commerce
C. National Labor Relations Board
D. Federal Trade Commission
E. Department of the Interior
Q:
The National Labor Relations Board consists of ______.
A. four members
B. seven members
C. nine members
D. five members
E. three members
Q:
Which of the following statements is true of the certification of a union through cards?
A. Employers do not have the option to insist on an election.
B. Employers do not need to recognize the union based on a majority card showing.
C. Under no circumstances can cards substitute for an election.
D. The general counsel of the National Labor Relations Board needs to prove that the employees read the cards.
E. The certification of a union through cards takes place by secret ballot.
Q:
Under the Wagner Act, any organization of employees must
A. be completely independent of their employers.
B. be approved by their employers.
C. have an established meeting place at their place of employment.
D. have equal access to company equipment and support staff.
E. be established on the recommendation of the Department of Labor.
Q:
Which of the following actions by an employer is an unfair labor practice under the Wagner Act?
A. remaining neutral when there is a controversy between competing unions
B. refusing to support a union by giving it a meeting place
C. refusing to permit a union to use its telephone
D. threatening to cut back on employee benefits if employees succeed in unionizing
E. refusing to encourage membership in a labor organization
Q:
______ are those issues concerned with wages, hours, and other terms and conditions of employment.
A. Voluntary bargaining issues
B. Optional bargaining issues
C. Secondary bargaining issues
D. Compulsory bargaining issues
E. Alternative bargaining issues