Q&A Hero

Q: Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory and sales control systems. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so, what procedures must the employer follow in both situations to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Q: All employers in the United States are subject to federal employment discrimination laws.

Q: An employer with fewer than fifteen employees is automatically shielded from federal employment discrimination laws.

Q: The state of New York regulates private activities to protect or promote the public order, health, safety, and general welfare under its a. police powers. b. taxing powers. c. spending powers. d. supremacy powers.

Q: Borealis Power Company is subject to mandatory worker' compensation laws in the states in which it does business. Chad and Dex work for Borealis as part of a crew that travels to remote locations to repair downed power lines and other damaged equipment. At a distant site, Chad is in­jured in an accident that is entirely Dex's fault. Chad files a claim for worker' compensation. Should the claim be granted? What would be Borealis's best defense against it?

Q: The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that a. Congress writes checks and the president balances the budget. b. each branch of government has some power to limit the actions of the other branches. c. each branch of government may exercise the authority of the other branches. d. the president "checks" the courts, which "balance" the laws.

Q: The employee union at Top Tech Toys decides to go on strike. Their strike will be legal if a. the strikers form a picket line. b. the strikers form a massed barrier and deny management and nonunion workers access to Top Tech Toy' plant. c. the strikers stay in Top Tech Toy' plant without working. d. the strikers violently attack management.

Q: The Civil Rights Act of 1964 prohibits job discrimination on the basis of experience.

Q: American Business Coalition (ABC), a political lobbying group, wants a certain policy enacted into law. If ABC's policy conflicts with the U.S. Constitution, a law embodying it can be passed by a. any state legislature and Congress. b. any state legislature but not Congress. c. Congress but not any state legislature. d. none of the above.

Q: Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most of Healthy Harvest's business is done during holiday seasons, especially between Halloween and New Year's Day, and in the spring. The company hires a large temporary workforce during its busiest times. Occasionally, a position opens for an individual with highly specialized skills, particularly to operate and maintain the company's inventory and sales control systems. Can Healthy Harvest hire noncitizens for its temporary, seasonal work? Can the company hire a noncitizen with special skills for certain jobs? If so, what procedures must the employer follow in both situations to do this hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?

Q: Dag is an employee of Ridge Mining Company. Under federal labor law, Dag and other employees have the right to a. bargain collectively with Eagle through their representatives. b. insist that Ridge require union membership as a condition of work. c. interfere with the efforts of others to form labor organizations. d. refuse to bargain with Ridge through their representatives.

Q: There is a specific guarantee of a right to privacy in the Constitution.

Q: Following a union election campaign by Service Employees International Union among the employees of Quality Hotels & Resorts, Inc., the union does not obtain a majority vote in the election. This most likely violates a. federal labor law. b. federal elections law. c. federal employment discrimination law. d. no federal law.

Q: Borealis Power Company is subject to mandatory workers' compensation laws in the states in which it does business. Chad and Dex work for Borealis as part of a crew that travels to remote locations to repair downed power lines and other damaged equipment. At a distant site, Chad is in­jured in an accident that is entirely Dex's fault. Chad files a claim for workers' compensation. Should the claim be granted? What would be Borealis's best defense against it?

Q: Review of a law on a substantive due process basis and review of a law on an equal protection basis considers some similar questions.

Q: The terms "substantive due process" and "equal protection" mean the same thing.

Q: Pip, a clerk for a Quik Burger, Inc., restaurant goes out on strike with the other employees. After the strike, Pip must be given his job back if the strike is not deemed unlawful, there is still work at the restaurant, and the strike was a. an economic strike only. b. an economic strike or an unfair labor practice strike. c. an unfair labor practice strike only. d. unlawful.

Q: During a union election campaign, Sapphire Blue Finance Company prohibits on-site solicitations by Credit Workers Union, which is seeking the worker' unionization, while permitting charities to solicit the same workers. This violates a. federal labor law. b. federal elections law. c. federal employment discrimination law. d. no federal law.

Q: During a union election campaign, Autowerks Repair, Inc., prohibits on-site solicitations by any party, including Mechanics Union, which is seeking the worker' unionization. This violates a. federal labor law. b. federal elections law. c. federal employment discrimination law. d. no federal law.

Q: During a union election campaign at Skyscraper Construction Corporation, the employer can, without monitoring or regulating by the National Labor Relations Board, threaten employees with a. a layoff only. b. a layoff or a reduction in benefits and wages. c. a reduction in benefits and wages only. d. neither a layoff nor a reduction in benefits and wages.

Q: Any law that distinguishes between or among individuals violates the equal protection clause.

Q: Detroit Automotive Company (DAC) agrees with its employees' union not to buy any nonunion-produced component parts from other firms for use in DAC products. This is a. a permissible secondary boycott. b. a prohibited secondary boycott. c. a technically legal secondary boycott. d. a unilateral one-party boycott.

Q: Clerical Workers Union represents the employees of Miracle Medical Research Company. The management of the firm refuses to bargain with the union over the hiring of unnecessary workers. This violates a. federal labor law. b. state right-to-work laws. c. federal employment discrimination law. d. no federal or state law.

Q: A government law that restricts a fundamental right will be held to violate substantive due process unless it promotes a compelling or overriding state interest.

Q: Brenda is a purchasing agent for Commodities Exchange Corporation. Dennis, a Commodities corporate officer, gives Brenda written authority to buy for the firm as many computers and peripheral devices as necessary. The next day, Dennis calls Brenda and tells her to buy only fifty note­book computers and nothing else. Brenda shows the written authority to E-Products, Inc., and enters into a contract with E-Products to buy sixty note­book computers and a selection of printers, scanners, and extra storage media. E-Products ships the order to Commodities. Is Commodities li­able to E-Products under the contract? Is Brenda liable? In each case, if so, why? If not, why not?

Q: Service Employees International Union would like Tasty Cafés, Inc., to require un­ion membership of its job applicants as a condition to obtaining employment. This is a. illegal in all states. b. illegal only in states that have right-to-work laws. c. legal in all states. d. legal only in states that have right-to-work laws.

Q: A federal law that promotes a religion is constitutional.

Q: Principal Resources Corporation contracts with Quality Construction to build an addition to Principal's corporate office building. Quality contracts with Rite Supply Company for materials for the addition but refuses to pick up the materials. Meanwhile, Principal hires Skye, a certified public accountant, to work in its cost-accounting division as an employee, with no authority to hire or supervise others. Skye asks Theo, an outside experienced accountant, to advise her on certain accounting procedures but fails to pay Theo for the service. Principal also contracts with Uma, a salesperson, to solicit orders for its products in a designated territory. Uma obtains an order from Verity Industries, Inc., which is assured the order will be filled soon. But Uma does not follow through with the paperwork and fails to submit the order to Principal. Verity suffers a loss. Rite Supply, Theo, and Verity Industries claim Principal is liable under agency law. Discuss fully whether an agency relationship was created by Principal with Quality Construction, Skye, or Uma.

Q: Doctors Hospital Corporation employs seven thousand workers in seven locations. These employees have the right to a. demand that Doctors Hospital Corporation be a closed shop. b. make "hot-cargo" agreements. c. organize. d. refuse to bargain with Doctors Hospital Corporation.

Q: The First Amendment does not protect commercial speech as extensively as noncommercial speech.

Q: Treadwell Tire Manufacturing Company employs Uri as an agent. To terminate Uri's authority, Treadwell must notify a. only third parties who are aware of the agency relationship. b. the public generally. c. Uri and any third parties who are aware of the agency relationship. d. Uri only.

Q: Link and Meryl are employees of Natural Resources, Inc. (NRI). When Odel, the president of NRI, learns that Link and Meryl are active in un­ion activities, he discharges them. Link and Meryl may bring an action against NRI under a. federal labor law. b. federal or state unemployment law. c. state workers' compensation law. d. the employment at-will doctrine.

Q: Political speech that would otherwise be protected by the First Amendment loses that protection if its source is a corporation.

Q: Frida hires Gert, a real estate broker, to act as her agent to sell her house. The house burns down before being sold. The agency agreement is likely a. still in force if Frida gives Gert additional consideration. b. still in force if Gert does not tell prospective customers. c. terminated by mutual consent of the parties. d. terminated by operation of law.

Q: Dag is an employee of Eagle Mining Company. Under federal labor law, Dag and other employees have the right to a. bargain collectively with Eagle through their representatives. b. insist that Eagle require union membership as a condition of work. c. interfere with the efforts of others to form labor organizations. d. refuse to bargain with Eagle through their representatives.

Q: The Bill of Rights confers absolute rights, not subject to interpretation by the United States Supreme Court.

Q: General Packaging Corporation, a U.S. employer, may hire Hilo, a noncitizen, if Hilo is a. a lawful permanent resident of the United States. b. an unlawful but hopefully permanent resident in the United States. c. an unlawful but only temporary resident in the United States. d. any of the choices.

Q: Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on a. any transaction causing a loss to Miklos. b. Miklos's death or incapacity. c. Miklos's sixty-fifth birthday. d. Nathalie's handling of one of each stipulated transaction.

Q: Some constitutional protections apply to business entities.

Q: Bayou Development Corporation (BDC) hires Gulfview Brokerage Associates to sell the condominiums in a building at BDC's coastal resort. The agency will terminate a. after the condos have been sold. b. if the prices of the condos must be reduced to sell them. c. once BDC obtains insurance to cover the property. d. when BDC pays Gulfview its first commission.

Q: If a tax passed by Congress is reasonable, it is within the national taxing power.

Q: Socrates Software Corporation wants to hire Tomas, a noncitizen. To hire Tomas, Socrates must petition a. Citizenship and Immigration Services. b. the U.S. Department of State. c. Immigration and Customs Enforcement. d. the National Labor Relations Board.

Q: Whether the federal government has preempted a certain area is always clear.

Q: Detailed Designs Company, an architectural firm, wants to hire Eduardo, a noncitizen. A temporary work visa is most likely to be set aside for a noncitizen who is a. a "person of ethnic similarity to the employer's workforce." b. a "person of extraordinary ability." c. a "person of ordinary ability and ambition." d. a "person with an extraordinary work ethic."

Q: Picabo drives a truck as an employee for Quik Delivery, Inc. Picabo would most likely be considered acting outside the scope of her employment if she a. crashed into a car at the airport while off duty. b. hit a pedestrian in a parking lot during a "working" lunch. c. ran over an attendant at Quik's gas station while refueling the truck. d. smashed into a store-front while intoxicated on-duty.

Q: When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

Q: Seafood Canning Corporation keeps a file of I-9 verifications forms. To inspect this file, the appropriate government officer must obtain a. a subpoena and a warrant. b. a subpoena or a warrant, but not both. c. not a subpoena, a warrant, or the employer's consent. d. the employer's consent.

Q: Brad is an employee of Custodial Service, Inc. In deciding whether Brad acts within the scope of his employment when he commits a tort against Didi, a court will not con­sider whether a. Brad was acting within the scope of the agency. b. Brad was acting within the scope of his employment. c. Custodial authorized the act. d. Custodial was personally at fault.

Q: When state regulations impinge on interstate commerce, commerce must yield to the regulations, no matter how heavy the burden placed on commerce.

Q: Joli, acting within the scope of her authority for the Cake Bake Shop, contracts with Valley View Berry Farms to buy an assortment of fruit. Cake Bake is liable on the contract, and Joli is not, if Cake Bake is a. a disclosed principal. b. a partially disclosed principal. c. an undisclosed principal. d. an apparent agent.

Q: Unity Production Company is suspected of employing illegal immigrants. The government conducts random compliance audits and other enforcement measures against those who might violate immigration laws through a. the CIS. b. the H1-B. c. the ICE. d. the NLRB.

Q: The Constitution expressly excludes state regulation of commerce.

Q: Southwestern Foods Corporation operates a packaging plant near the border between the United States and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. It is legal for a U.S. employer to a. hire persons not authorized to work in the United States. b. recruit persons not authorized to work in the United States. c. refer for a fee persons not authorized to work in the United States. d. none of the choices.

Q: Iggy hires Joy to act as his agent to purchase Kup-a-Koffee Company. Iggy tells Joy to reveal only that she is buying the firm on behalf of a third party, without telling Kup-a-Koffee's seller who that third party is. Iggy is a. a disclosed principal. b. an implied principal. c. an undisclosed principal. d. a partially disclosed principal.

Q: Hu, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by a. the employer. b. the individuals. c. the individuals' countries of origin. d. the U.S. Citizenship and Immigration Services.

Q: The federal government cannot regulate commerce within a state, even if the commerce concerns more than one state.

Q: Bud approves on behalf of Codybut without authorizationa contract with Dik to build a new silo. Cody does not ratify the contract. Later, Dik tries to enforce the deal. This attempt will be a. partly successful. b. partly unsuccessful. c. totally successful. d. totally unsuccessful.

Q: Without authorization, Rolf contracts on behalf of Sari to have Tige paint the interior and exterior of Sari's house. Sari ratifies the contract. Later, Sari tries to rescind the part of the contract re­lat­ing to the exterior. This attempt will be a. partly successful. b. partly unsuccessful. c. totally successful. d. totally unsuccessful.

Q: Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for new hires who work under the employer's direct supervision a. excluding contractors and day workers. b. excluding contractors but including day workers. c. excluding day workers but including contractors. d. including contractors and day workers.

Q: The state governments retain all powers not specifically delegated to the federal government.

Q: David's family came to the United States from Ukraine in 1895. Eva's family came to this country from Vietnam in 1995. Fiona's family came from Mexico in 2005. Current immigration laws are based on a. a national origin quota system proportional to the 1890 census. b. a racial quota system proportional to numbers updated periodically. c. a system of sanctions against employers who hire illegal immigrants. d. excluding convicts and prostitutes.

Q: Based on Nan's conduct, Odel reasonably believes that Poppy has the authority to act on Nan's behalf even though Poppy does not have the actual authority to do so. In this circumstance, Poppy has a. apparent authority. b. express authority. c. implied authority. d. no authority.

Q: Sonia manages a Tasty Pastry store for United Food Company. To manage the business, Sonia's authority can be implied by a. an inference from the position Sonia occupies. b. any inference a reasonable customer or supplier would make. c. any inference Sonia chooses to make. d. no inference.

Q: Fine Furniture Stores, Inc., files a suit against General Repair Company (GRC), claiming that GRC breached a contract to repair a roof on one of Fine's stores. In preparing its case against GRC, Fine wants to see copies of GRC's paperwork relating to the dealGRC's copy of the original work order, any notes of later phone conversations, and so on. Fine also wants GRC officers to answer some questions relating to the dispute. What means can Fine use to see the papers and get the answers?

Q: Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Under the Immigration Act of 1990, Fruits & Vegetables can hire illegal immigrants a. if either the employer or the immigrants file special forms. b. only if the employer files a special form. c. only if the immigrants file special forms. d. under no circumstances.

Q: Geoff serves in a representative capacity for Huck. To accomplish the objectives of this relationship, Geoff's authority can be implied a. by contradiction. b. by custom. c. by lack of reason. d. under no circumstances.

Q: Best Engineering, Inc., performs computer programming services for American Products Corporation (APC). When APC's computer system crashes, it loses $250,000 worth of business and pays $50,000 to have the system reprogrammed. APC announces to the media that the crash was due to Best Engineering's incompetence and files a complaint in a federal court against the firm. In response, what are Best's options?

Q: First National Bank may subject its employees to lie-detector tests when investigating a. health and medical conditions. b. losses attributable to theft. c. prior work history. d. suspected drug use.

Q: Network Industries, Inc., wants to monitor its employees' electronic com­munications. To avoid liability under laws related to employee monitor­ing, Network should discuss the monitoring with a. no one. b. the employees. c. the government. d. the public generally.

Q: Cory employs Daily Delivery Agency as an agent under a writ­ten agreement that describes the rights and duties of both parties. This is a. apparent authority. b. equal authority. c. express authority. d. implied authority.

Q: Fact Pattern 3-3 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 3-3. Any judgment will be satisfied a. if the losing party pays the judgment, or his or her property is sold and the proceeds paid to the winner. b. only if the court orders the sheriff to pay the winner. c. only if the losing party pays the judgment in cash. d. only if the losing party's property is sold and the proceeds paid to the winner.

Q: Lather Up Soap Products Company grants its agent Kathy an exclusive terri­tory in which to sell Lather Up products. The firm cannot compete with Kathy in that territory under the principal's duty of a. avoidance. b. cooperation. c. indemnification. d. reimbursement.

Q: Fact Pattern 3-3 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 3-3. After the state's highest court's review of Kelly v. Lewis, a party can appeal the decision to the United States Supreme Court if a. a federal question is involved. b. a question of state law remains unresolved. c. the party is unsatisfied with the result. d. the state trial and appellate court rulings are different.

Q: Fact Pattern 3-3 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 3-3. After its review of Kelly v. Lewis, any appellate court can a. affirm, reverse, or remand all or part of the lower court's decision. b. only affirm or reverse all or part of the lower court's decision. c. only remand all or part of the lower court's decision. d. only reverse or remand all or part of the lower court's decision.

Q: Machine Operations, Inc. (MO), employs four hundred workers at three locations in three states. Workers who do not have a right to continue group health benefits provided by MO for a limited time after the loss of their jobs include those who a. are fired for gross misconduct. b. are laid off for budgetary reasons. c. have their hours decreased from full-time to part-time. d. quit their jobs voluntarily.

Q: Rangle contracts with Siena to buy a certain horse for her. Rangle makes a deal with Timberline Stables, the owner of the horse, and makes a down payment. Siena fails to pay the rest of the price. Timberline sues Rangle for breach of contract. His right to hold Siena liable for any damages that he has to pay is the right of a. avoidance. b. cooperation. c. indemnification. d. reimbursement.

Q: In Greg's suit against Holly, Greg seeks to recover the cost to provide copies of documents in hyperlinked CD format. According to the court in Case 3, Phansalkar v. Andersen, Weinroth & Co., this cost could be awarded if a. all of the parties used the electronic copies. b. Greg advanced the expense, hoping to recover it later. c. Holly consented to the expense in advance. d. the court encouraged the submission of electronic copies.

Q: Pam is an administrative employee of Quality Assurance Company. Social Security contributions to help pay for Pam's loss of income on re­tirement are made by a. neither Pam nor Quality Assurance. b. Pam and Quality Assurance. c. Pam only. d. Quality Assurance only.

Q: Julia is an agent who purchases wool for Kara's Knitting Company. In the course of her performance for Kara's Knitting Company, Julia pays for the gas for the company car and for some storage boxes for the wool. Kara's Knitting Company must reimburse Julia because of the principal's a. duty of performance. b. duty of loyalty. c. duty of compensation. d. duty of reimbursement.

Q: Eve files, and wins, a suit against Floyd and seeks, as part of the award, the cost to provide copies of documents in hyperlinked CD format. Under the decision of the court in Case 3.3, Phansalkar v. Andersen, Weinroth & Co., this request is most likely to be considered a. under any circumstances. b. under no circumstances. c. when the CD is produced in addition to required paper copies. d. when the CD is produced instead of required paper copies.