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ETH/321T Week 3 Apply Assignment (40 Multiple Choice Questions & Answers)

ETH/321T Week 3 Apply Assignment (40 Multiple Choice Questions & Answers)

ETH/321T Week 3 Apply Assignment (40 Multiple Choice Questions & Answers)

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  1. 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.
  • The company is not at fault because it does not owe Derek a duty of care.
  • 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.
  1. 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 not liable if someone else was witnessed planting the marijuana
  • Rebekah is not liable because she had no illegal intent
  • Rebekah is liable even though she had no illegal intent

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  1. 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 should be held liable because of the dangerous nature of hazardous waste. Regardless of safety checks, the accident happened.
  • 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.
  1. 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.

  • Money Laundering
  • Robbery
  • Larceny
  • Embezzlement
  1. 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 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 is interfering with Penny’s business relationship with her boss.
  • The manager has done nothing wrong.
  1. 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
  1. What type of crime is petty theft?
  • Infraction
  • Capital Crime
  • Misdemeanor
  • Felony
  1. Jennifer took a video recording of Jack and Alice fighting in an alley. Jack and Alice disclose multiple private facts about each other through the course of the argument. Jennifer posts the fight on the internet. Which of the following is true?
  • Jack and Alice can take no action, because Jennifer is not a professional videographer.
  • Jack and Alice can make a tort claim against Jennifer for public revelation of private facts.
  • Jack and Alice can make a tort claim against Jennifer for false light.
  • Jack and Alice can take no action, since they were fighting in a public place.
  1. Jesse’s mother dies. Due to the trauma, Jesse breaks into an ice cream shop, steals all the ice cream, and is later caught. Which defense most likely applies to this situation? (Whether or not the defense will work is not relevant.)
  • Entrapment
  • Diminished Capacity
  • Mistake of Law
  1. 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 being defamatory because the information he published is true.
  • Eduardo is not being defamatory because it is obvious that the statement must be false.
  • Eduardo is being defamatory because his remarks may harm his opponent’s reputation.
  • Eduardo is not being defamatory because his remarks are statements of opinion only.
  1. Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth’s drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf. Which defense most likely applies to this situation? (Whether or not the defense will work is not relevant.)
  • Involuntary Intoxication
  • Duress
  • Mistake of Fact
  1. 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
  • Burglary
  • Larceny
  • Conspiracy
  1. 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 terminated by incapacity
  • Agency is not terminated
  • Agency is terminated by fulfillment
  • Agency is terminated by law
  1. Penn commits a tort while acting in the interest of her undisclosed principal.

Who is responsible or liable?

  • Agent only
  • Principal only
  • Principal and agent
  1. 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 employee agent
  • Enforceable or unenforceable—no agency
  • Enforceable via factor agent
  • Enforceable or unenforceable with agency
  1. 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.

  • Guilty of hostile work environment sexual harassment
  • Not guilty of sexual harassment, no qualifier
  • Guilty of quid pro quo sexual harassment
  • Not guilty of sexual harassment, dependent on harassee
  1. Phineas is an agent assigned to scout out professional players for a football team. One player he brings in has a drug problem, which Phineas knows about but does not disclose to the hiring team. If the player is selected, which of the following is true?
  • Phineas has breached his duty of accounting only.
  • Phineas has breached more than one of his duties.
  • Phineas has breached his duty of notification only.
  • Phineas has not breached a duty to his principal.
  1. 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 not legally discriminate
  • Employer may legally discriminate based on BFOQ
  • Employer may legally discriminate because the law doesn’t apply to this situation
  • Employer may legally discriminate based on number of employees
  1. Which statement corresponds to this specific situation?

Virgil and Suzanna both apply for the same job. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. Virgil is turned down and Suzanna is hired.

  • Employer may not legally discriminate
  • Employer may legally discriminate based on BFOQ
  • Employer may legally discriminate based on number of employees
  • Employer may legally discriminate because the law doesn’t apply to this situation
  1. 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 via factor agent
  • Enforceable or unenforceable with agency
  • Enforceable or unenforceable—no agency
  • Enforceable via employee agent
  1. 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 fulfillment
  • Agency is terminated by law
  • Agency is not terminated
  • Agency is terminated by incapacity
  1. 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?
  • If the principal ratifies the contract Marley made, it must pay her for the work.
  • The principal is required to ratify the contract Marley made, and also to pay her for her work.
  • Even if the principal ratifies the contract Marley made, it does not have to pay her for the work.
  • If the principal disavows the contract Marley made, it still must pay for the work.
  1. 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 will not be punished.
  • Felipe can be deported, and the employer can be punished.
  • Felipe cannot be deported, but the employer can be punished.
  • Felipe cannot be deported, and the employer will not be punished.
  1. 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 not discriminate, no qualifier
  • May discriminate, no qualifier
  • May discriminate, subject to type of business involved
  • May not discriminate, subject to time lapse
  1. Which of the following would be considered a situation of legal employment discrimination?
  • 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.
  • Sheryl, who has a disability, is rejected from a job position because the employer would have to pay for an accommodation.
  • Charlie, who does not have a disability, is rejected from a job position because the employer thinks he has a disability.
  1. 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
  • May not discriminate, subject to time lapse
  1. 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 may not receive her job back
  • Cherry must receive her job back
  1. 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
  1. Which of the following was an effect of Norris LaGuardia?
  • Enforcement of federal injunctions.
  • Prohibition against concerted activity.
  • Prioritization of employment to a worker over a worker to his or her business
  • Prohibition against eliminating unions
  1. 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 must be paid overtime
  • Ella cannot be paid overtime
  1. 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?
  • The union officials are pretending they have a closed shop and can’t influence Ozzy’s decision.
  • Ozzy’s requirement to join the union depends on his state of employment.
  • 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.
  1. Fill in the blank that completes the statement.

Alonzo’s Crooked Cake Shop has had workers attempting to unionize in order to be able to work fewer hours per week. Alonzo’s argues in court that because there is only one other cake shop in the region, a strike and other union activities would disrupt competition in the cake business. Alonzo’s is using __________ to prevent union activities.

  • Federal injunction(s)
  • Antitrust law(s)
  • Criminal conspiracy law(s)
  • Yellow dog contract(s)
  1. 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
  1. 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 ____________.

  • Antitrust law(s)
  • Federal injunction(s)
  • Criminal conspiracy law(s)
  • Yellow dog contract(s)
  1. Training opportunities are what kind of a bargaining subject?
  • Permissive bargaining subject
  • Mandatory bargaining subject
  • Illegal bargaining subject
  1. 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
  1. 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 engaging in concerted activity only if they are union members.
  • Darlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions.
  • Darlene and her friends are not engaging in concerted activity because they are not in a union meeting.
  • Darlene and her friends are not engaging in concerted activity because they don’t plan to talk to management about the problem.
  1. For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Vicente works at a factory. While he is working, a coworker negligently trying to spin donuts in a forklift runs into him, causing an injury to both workers.

  • Vicente will not be covered
  • Vicente will be covered
  1. 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 must be paid overtime
  • Maddox cannot work overtime
  1. 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 file a complaint with the union only.
  • Cynthia can have her union membership stripped from her if she files a complaint.
  • Cynthia may sue the union if her complaint to the union doesn’t resolve her problem.
  • Cynthia cannot complain to the union, but she may sue it instead.

Course: ETH/321T Ethical and Legal Topics in Business
School: University of Phoenix

  • : 08/11/2019
  • : 100

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