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Law
Q:
Staffing Solutions Corporation is subject to the Social Security Act, which
a. covers only employees who do not receive employer-paid pensions.
b. governs state unemployment compensation funds.
c. provides retirement, survivors, and disability insurance.
d. regulates disputes between unions and management.
Q:
Over a forty-year period, Ewa worked in a variety of jobs. She was also occasionally unemployed, briefly hospitalized, and suffered a temporary disability. She retired last year. The key law on all of these subjects is
a. the Consolidated Omnibus Budget Reconciliation Act.
b. the Employee Retirement Income Security Act.
c. the Federal Insurance Contributions Act.
d. the Social Security Act.
Q:
Will is an agent for MaryElise. MaryElise gives Will clear instructions to only enter into contracts on Mondays, Wednesdays, or Fridays. Will enters into a contract on MaryElise's behalf on Tuesday. Will has breached
a. the duty of performance.
b. the duty of loyalty.
c. no duty.
d. the duty of obedience.
Q:
In Digital, Inc.'s suit against Eagle Company, the jury returns a verdict in Digital's favor. Digital files a motion asking the judge to issue a judgment in its favor. This is a motion for
a. a judgment in accordance with the verdict.
b. a judgment on the pleadings.
c. a new trial.
d. judgment n.o.v.
Q:
Hoppy, who works as an employee for Imperial Power Corporation, suffers an injury in an accident. Hoppy will be compensated under state workers' compensation laws
a. only if the injury occurred during working hours.
b. only if the injury occurred off the job.
c. only if the injury occurred on the job.
d. whenever and wherever the injury occurred.
Q:
Bob, a salesperson at a Carpets Galore store, tells Dita, a customer, "Buy your carpet here, and Ill install it for half of what the store would charge." Dita buys the carpet, which Bob inÂstalls for half the store's price. Bob keeps the money. Bob has breached
a. no duty.
b. the duty of loyalty.
c. the duty of notification.
d. the duty of obedience.
Q:
Mackenzie, an agent for Lindsay, signs an agreement with Kirk on Lindsay's behalf but neÂglects to tell her that the agreement requires the payment of a certain tax. The government prosecutes Lindsay for failing to pay the tax. She is
a. liable, because notice to Mackenzie is notice to Lindsay.
b. liable, because notice to Kirk is notice to Lindsay.
c. not liable, because Mackenzie did not tell Lindsay about the tax.
d. not liable, because Kirk did not tell Lindsay about the tax.
Q:
In Gamma Corporation's suit against Omega, Inc., the jury renders a verdict against Gamma. Gamma files a motion stating that even if the evidence is viewed in the light most favorable to Omega, a reasonable jury should not have found in its favor. This is a motion for
a. a directed verdict.
b. a new trial.
c. judgment n.o.v.
d. none of the above.
Q:
Eduardo is an employee of Free-Flo Plumbing Corporation. With respect to the workplace, under federal health and safety statutes, Free-Flo has
a. a general duty to keep it safe and to meet specific standards.
b. no general duty to keep it safe but must meet specific standards.
c. no general duty to keep it safe or to meet specific standards.
d. only a general duty to keep it safe.
Q:
In Federated Corporation's suit against Great Stores, Inc., the jury returns a verdict in Federated's favor. Great Stores files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for
a. a judgment in accordance with the verdict.
b. a judgment on the pleadings.
c. a new trial.
d. judgment n.o.v.
Q:
Rita is appointed as an agent for Superior Sales, Inc. The agency agreeÂment is silent as to the level of sales that Rita is expected to achieve. She must
a. achieve nothing because the agreement says nothing on the issue.
b. attain the level that Rita achieved with her previous employer.
c. maintain the level Superior attained before Rita became an agent.
d. use reasonable diligence and skill in selling.
Q:
Cafe Dining, Inc., employs one hundred workers at three locations in two states. Under federal law, Café must provide its employees, during any twelve-month period, family or medical leave of up to
a. twelve days.
b. twelve weeks.
c. twelve months.
d. twelve years.
Q:
Bernard is an expert on exotic flowers. Fine Floral Fixtures, Inc. (FFF) hires Bernard to order exotic flowers from various greenhouses. Bernard does not bother to examine the quality of the flowers he purchases on behalf of FFF. Bernard has breached
a. the duty of performance.
b. the duty of loyalty.
c. no duty.
d. the duty of notification.
Q:
Irma files a civil suit against Jim. To succeed, Irma must prove her case
a. beyond a reasonable doubt.
b. by a preponderance of the evidence.
c. by indisputable proof.
d. within an iota of the truth.
Q:
Emma, Frick, Glenda, and Huey are employees of different-sized employers in different industries. A minimum wage must be paid to employees in
a. all industries.
b. covered industries only.
c. no industries.
d. small-business industries only.
Q:
Dizzy is not Edwina's agent but enters into a contract with Frida on Edwina's behalf. Edwina later contacts Frida to affirm the contract. This is
a. an agency by agreement.
b. an agency by estoppel.
c. an agency by ratification.
d. not the creation of an agency relationship.
Q:
Ethan is seventeen years old. Under the Fair Labor Standards Act, Ethan cannot work
a. during school hours.
b. in a hazardous occupation.
c. more than eighteen hours per week.
d. without a special permit.
Q:
In Market Company's suit against National Credit Corporation, Market wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that
a. establishes the degree of probability of a fact or action.
b. tends to disprove a fact in question.
c. tends to prove a fact in question.
d. all of the above.
Q:
Carol is married to Andy. Carol buys food for their children's lunches and charges the cost to Andy's account. This is
a. an agency by operation of law.
b. an agency by estoppel.
c. an agency by ratification.
d. not the creation of an agency relationship.
Q:
Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than
a. eight hours in a day.
b. forty hours in a week.
c. 160 hours in a month.
d. one year for the same employer.
Q:
Alpha, Inc., files a suit against Beta Company and seeks, as part of discovery, certain electronic documents in Beta's possession. A legitimate reason for this request is that the documents contain
a. data that is otherwise private.
b. data that is publicly available.
c. proof that the defendant needs to defend against the suit.
d. proof that the plaintiff needs to establish his or her case.
Q:
Gayla asks Jessie to contract with Jessie's high school classmates to babysit for Gayla's new baby. Jessie orally agrees to do so. This is
a. an agency by agreement.
b. an agency by estoppel.
c. an agency by ratification.
d. not the creation of an agency relationship.
Q:
Pete files a suit against Quality Goods Corporation over a contract. Before the trial begins, Pete can obtain from Quality
a. access to related documents in Quality's possession.
b. accurate information about Quality's trade secrets.
c. an admission of the truth of matters unrelated to the contract.
d. all of the above.
Q:
Uri is an employee of Verity Security Services. For Uri to obtain the benefits of federal wage-hour requirements, Verity must be engaged in
a. business activity.
b. employment at will.
c. international commerce.
d. interstate commerce.
Q:
Sela agrees to act on Thom's behalf, subject to Thom's control, and Thom trusts Sela to so act. They set out the terms in a written document, which they both sign. This is
a. an agency by agreement.
b. an agency by estoppel.
c. an agency by ratification.
d. not the creation of an agency relationship.
Q:
High Quality Products, Inc., files a suit against International Software Corporation. Jay is a witness for High Quality. Kim is a witness for International Software. High Quality may direct interrogatories to
a. International Software only.
b. Kim only.
c. International Software or Kim only.
d. International Software, Kim, or Jay.
Q:
Jim agrees to act on Kit's behalf, subject to Kit's control, and Kit trusts Jim to so act. This describes a relationship between
a. a business and its competitors.
b. a government and its governed.
c. a parent and a child.
d. a principal and an agent.
Q:
Frida is an employee of Green Recycled Products Company. A state statute protects Frida from Green"˜s retaliation if Frida reports to state officials, or others, that Green is involved in unsafe or illegal activity. With respect to the employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
Q:
Fact Pattern 3-1
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, and the court grants it
a. Mack will be given more time to file an amended complaint.
b. Mack will have a judgment entered in his favor.
c. Nancy will be given more time to file another response.
d. Nancy will have a judgment entered in her favor.
Q:
George and James create an agency relationship to facilitate the sale of illegal narcotics. This agency relationship
a. is illegal.
b. is legal.
c. will be recognized by some states, but not others.
d. can exist, but will be subject to sanctions for illegal activity.
Q:
Flem is an employee of Glo Goods, Inc. Flem reports to state officials that Glo is illegally shipping unsafe goods to unsuspecting customers. When Glo learns of Flem's report, Glo fires him. He successfully sues Glo for wrongful discharge. With respect to the employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
Q:
Fact Pattern 3-1
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, and the court denies it
a. Mack will be given more time to file an amended complaint.
b. Mack will have a judgment entered in his favor.
c. Nancy will be given more time to file another response.
d. Nancy will have a judgment entered in her favor.
Q:
Thalia is an employee of Universal Insurance Company. Universal's employee manual states that workers will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
Q:
Fact Pattern 3-1
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, she is asserting that
a. Mack did not state a claim for which relief can be granted.
b. Mack's statement of the facts is not true.
c. Mack's statement of the law is not true.
d. Nancy suffered greater harm than Mack.
Q:
Delite Candy Company hires Elton to sell Delite's products in a certain area. Delite agrees to pay Elton a salary, plus commission, for a trial period. They also agree that Elton can sell using any methods and during any hours that seem appropriate. The most important factor in whether Elton is Delite's employee is
a. the amount of Elton's salary.
b. the control Delite has over the details of the work.
c. the length of the trial period.
d. the title that designates Elton's position.
Q:
Lena offers Miguel a job, representing falsely that it will be long term. In reliance, Miguel takes the job but is laid off shortly thereafter and successfully sues Lena for fraud. With respect to the employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
Q:
Myron is an employee of Nero. Either party can terminate the employment relationship at any time for any reason without liability. With respect to the employment-at-will doctrine, this is
a. an example of the doctrine.
b. an exception based on contract theory.
c. an exception based on public policy.
d. an exception based on tort theory.
Q:
Adam files a suit against Beta Products, Inc. Beta responds that even if Adam's statement of the facts is true, according to the law Beta is not liable. This is
a. a counterclaim.
b. a motion for judgment on the pleadings.
c. a motion for summary judgment.
d. a motion to dismiss.
Q:
Ester is a lighting technician who hires out on a per-project basis to film and television production companies, as well as theatres and other venues that stage dramatic and musical performances. In this capacity, Ester is
a. an agent.
b. an employee.
c. an independent contractor.
d. a principal.
Q:
Genetic Seed Company hires Howie to work on Genetic's shipping dock, accepting deliveries and dealing with other companie' drivers. With respect to Genetic, Howie is most likely
a. an agent.
b. an independent contractor.
c. a principal.
d. a work for hire.
Q:
Kyle files a suit against Lora. The document that informs Lora that she is required to respond is
a. the answer.
b. the complaint.
c. the service of process.
d. the summons.
Q:
An employer may not hire substitute workers to replace strikers.
Q:
Clara is a salesperson in The Corner Store. When Carla makes a sale to Jenny, the sale is
a. binding on The Corner Store.
b. binding on Carla.
c. binding on The Corner Store only if the owner of The Corner Store is present when the sale is made.
d. not binding on anyone.
Q:
Bruce wants to initiate a suit against Computer Data Corporation by filing a complaint. The complaint should include all of the following EXCEPT
a. a motion for judgment on the pleadings.
b. a statement alleging facts necessary for the court to exercise jurisdiction.
c. a statement alleging facts necessary to show Bruce is entitled to relief.
d. a statement of the remedy Bruce is seeking.
Q:
Non-workers do not have a right to picket an employer during a strike.
Q:
KupaJava hires Lola to manage one of KupaJava's seven drive-through coffee stands. KupaJava agrees to pay Lola a salary, plus commission. KupaJava stipulates the standards that should be observed, the goals that should be attained, and the methods that should be used. Lola is most likely KupaJava's
a. employee.
b. independent contractor.
c. principal.
d. power of attorney.
Q:
An employer may campaign among its workers against a union during a union election campaign.
Q:
Jackson Lumber hires Owen to purchase wood from various sources on behalf of Jackson Lumber. In this relationship, Jackson Lumber is the
a. employee.
b. independent contractor.
c. principal.
d. agent.
Q:
To initiate a lawsuit, Allen files a complaint against Beth, who responds with an answer. Taken together, the complaint and answer are
a. depositions and interrogatories.
b. discovery.
c. hearsay.
d. the pleadings.
Q:
A judgment may go unpaid.
Q:
Unions must allow their members to participate in union meetings.
Q:
Federal law governs unions' internal business procedures.
Q:
Ozzy is an officer of Prudent Financial Corporation. Ozzy serves in a representative capacity for Prudent Financial's owners. With respect to binding Prudent Financial to contracts, Ozzy is
a. an agent and has the authority.
b. an agent but does not have the authority.
c. not an agent and does not have the authority.
d. not an agent but does have the authority.
Q:
In an appeal, the parties' attorneys cannot present oral arguments.
Q:
When an agency relationship is terminated, the principal has a duty to personally notify third parties who knew of its existence.
Q:
Employers can agree with unions not to handle, use, or deal in non-union-produced goods.
Q:
An agency can terminate once its purpose is achieved.
Q:
A reviewing court reverses a trial court's judgment if the reviewing court concludes that the trial court made an error.
Q:
The party who files an appeal must file with the clerk of the appellate court a record of the trial court proceedings.
Q:
Requiring union membership as a condition of continued employment is legal.
Q:
A principal is responsible for all intentional torts committed by an agent.
Q:
After a decision has been rendered in a case, no party can file an appeal.
Q:
A closed shop is a firm that rejects union membership as a condition of employment.
Q:
Under the doctrine of respondeat superior, an agent is liable for the principal's negligence.
Q:
A principal is not liable on any contract made by the agent acting outside the scope of his or her authority.
Q:
A party who files an appeal is known as an appellant.
Q:
Federal labor law protects employees' right to strike.
Q:
A disclosed principal is a principal whose identity is not known by the third party at the time the contract is made by the agent.
Q:
An employer can refuse to bargain collectively with an elected employee representative.
Q:
A motion for a new trial will not be granted merely because the jury verdict is the obvious result of a misapplication of the law.
Q:
A jury is free to ignore a judge's statement of the law in their case.
Q:
If a principal does not ratify an unauthorized contract, the principal is not bound.
Q:
Federal labor law protects employees' right to join labor unions.
Q:
An employer may hire an illegal immigrant if the employer files a special form.
Q:
A plaintiff's rebuttal includes evidence to refute the defendant's case.
Q:
If a principal ratifies a contract without knowing all of the facts, the principal can rescind the contract.
Q:
At the commencement of a trial, only the plaintiff's attorney makes an opening statement.
Q:
If a principal does not ratify an authorized contract, the prinÂcipal is not bound.
Q:
To recruit employees from other countries, an employer must first complete a verification process.
Q:
During jury selection, a party cannot ask, without providing a reason, that some individuals not be sworn in as jurors.