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  Which of the following classifies as a tort?

   

    Embezzlement   Burglary   Assault   Kidnapping

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  While Levin is operating a crane at a construction site, he looks away to take a drink. When he looks up, he discovers that he swung a beam into the cab of the foreman’s truck, which the foreman had left in a restricted area. The courts find that Levin is 80% responsible for the accident and the foreman is 20% responsible. Under the doctrine of contributory negligence:

   

    Levin must pay the damages because his job holds him to a higher duty of care.   Levin and the foreman must share equally in the cost of the accident.   The foreman cannot receive any damages because he is partially responsible for the accident.   The foreman will only have to pay 80% of the cost of damages.

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  What is the definition larceny in a business context?

   

    Unlawful entrance with intent to commit a crime   Taking property under threat of force   Unlawful, permanent taking of personal property   Permanent taking of property against a fiduciary relationship

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  Which of the following is true of defamation?

   

    a. The defamatory information may or may not be true to be actionable.   b. A defamation tort exists whether the defamatory information was spread accidentally or on purpose.   d. A defamation tort only exists when ten or more people hear the defamatory information.   d. Both B and C

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  Rank these types of crimes from most to least serious:

   

    Felony, infraction, capital, misdemeanor   Capital, felony, misdemeanor, infraction   Capital, misdemeanor, felony, infraction   Infraction, felony, misdemeanor, capital

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  Beau is on his way to his favorite toy store when two clowns step in his way and tell him that if he does not spend his money at the carnival instead of the toy store, they will take away his ice cream. Which of the following statements is true?

   

    The clowns have done nothing illegal, as long as they stopped Beau in a public location.   The clowns have committed fraud, since they don’t really intend to do anything to Beau.   Because Beau is trying to go to his favorite store, the clowns are interfering with a contractual relationship.   The clowns are interfering with a business relationship.

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  Which of the following unambiguously qualifies as intrusion upon seclusion?

   

    Opening a gate and taking a shortcut across private property on your way home from work   Taking pictures of strangers at a local coffee shop to use in a class project   Walking into the office of the CEO of a business you hold no ownership or interest in   Flying a camera drone over a public beach to capture a video of sunbathers

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  Which of the following is NOT a case of negligence?

   

    A butcher plays audio of howling dogs in the back of his shop to prank customers   A driver falls asleep at the wheel and causes an accident   A building manager fails to repair an elevator and people get stuck inside   A doctor prescribes the wrong pills to a patient

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  What is the definition of insanity as a defense to crime?

   

    The defendant lacks understanding of what is right or wrong   Trauma, illness, or a mental condition inhibits the defendant from being able to commit a crime   The defendant is impaired from an ability to commit a crime with intent   The defendant's crime was committed due to unintentional misunderstanding

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  Which of the following would least likely qualify as trespass to chattel?

   

    Having your neighbor’s cat spayed while your neighbor is on vacation   Dying your boss’s suit pink as a prank   Borrowing your dad’s car to get it waxed   Conducting a cyberattack to infect a victim’s computer with spyware

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  Marianna, a documented alien in the U.S., is rejected from employment because her valid papers are still on the way in the mail. Which of the following is true?

   

    Marianna can be rejected because of her citizenship status.   More than one response is correct.   Marianna can be hired as long as her right to work is verified within 3 days of being hired.   Marianna is protected by the IRCA.

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  Damion works with Kimmie. In spite of the company’s rules concerning sexual harassment, he attempted to inappropriately touch Kimmie several times, even though she repeatedly told him to stop. Kimmie does not complain to management but goes directly to suing the company for allowing the sexual harassment. Which of the following is true?

   

    Kimmie cannot hold the company liable because she has insufficient evidence of sexual harassment.   Kimmie’s company is not liable for Damien’s actions because Kimmie never complained or asked for a solution.   Kimmie’s company is liable for Damien’s actions because it let the sexual harassment happen.   Kimmie cannot hold the company liable because Damien is not her superior.

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  Shane’s business was recently forced by the OFFCP to enact an affirmative action plan in order to equalize the predominantly white workforce. Jerome, a minority member, applies for the job and is rejected. Which of the following is true?

   

    Jerome was required to be hired for Shane’s business, and Jerome may sue Shane’s business.   Shane doesn’t have to hire Jerome if Jerome doesn’t meet the job’s specifications.   Jerome was required to be hired for Shane’s business, and the OFCCP can sue Shane’s business.   None of the above are true.

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  Based on the text what is a factor?

   

    A person given authority to act for another   A person who controls and administers personal property and goods   A person hired to perform a specific service for another   A person who facilitates a transaction on others’ behalf

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  Quintin is a floor manager at a manufacturing plant. He oversees a diverse group of more than 50 employees. Based on what he feels are their natural abilities, Quintin has his African American workers on the assembly line, his white workers in Packing, and Hispanic workers in Receiving. Which of the following is true?

   

    Quintin’s work assignments are allowable because his work force is diverse and nobody is being treated unfairly.   Quintin’s work assignments are unallowable because they give more favorable positions to Quintin’s preferred class of worker.   Quintin’s work assignments are unallowable because they segregate and classify employees.   Quintin's work assignments are allowable because his discrimination doesn’t affect hiring or the conditions of employment.

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  Which of the following would be considered a situation of illegal employment discrimination?

   

    Rose, who has a disability, is rejected from a job position because she didn’t like the accommodation the employer offered her.   Marianne, who has a disability, is rejected from a job position because her employer has no experience accommodating persons with disabilities.   Gray, who has a disability, is rejected from a job position because he doesn’t meet the essential job function qualifications.   Nicole, who has a disability, is rejected from a job position because her employer would have to pay too much for her accommodation.

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  Andy goes outside the duty of his agency and purchases some lavish equipment for his company. Which of the following is true?

   

    The company owes a duty to compensate Andy for his work, but not to reimburse him for purchases he makes within the scope of his authority.   Since Andy’s purchases were extravagant, the company does not have to reimburse him.   The company must reimburse Andy for his purchases because he is an agent.   Since Andy went outside the scope of his duties, the company may not ratify the purchase of the equipment.

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  What is the definition of contributory negligence?

   

    An employee knew and expected the risk of injury   An employee caused his or her own injury   Another employee caused an employee’s injury

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  Ciro lives in a right-to-work state. He was recently hired at a new company. The union at the company is trying to get Ciro to join the union. Which of the following is true?

   

    Ciro’s requirement to join the union depends on what type of work he is doing.   Ciro doesn’t have to join the union, but must pay union dues.   Ciro must join the union.   Ciro does not have to join the union.

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  Red is a union official. He is faced with a problem when a union member breaks a union bylaw. To address the union member’s fault, Red and union officials meet together and decide to kick the union member out of the union. Which of the following is true?

   

    The officials may discipline the union member without question.   The officials may do nothing.   The officials may discipline the union member after hearing his case.   The officials may discipline the union member only if he committed a crime.

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  Loreen is at work when a beam falls on her leg, injuring her. Workers’ compensation entitles her to all but which of the following?

   

    Payment for medical treatment   Rehabilitation costs   Regular medical benefits   Full pay while she misses work

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  With respect to labor unions, employers used __________ to halt early unionizing efforts.

   

    Yellow dog contracts   Federal injunctions   Antitrust laws   All of the above

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  What is the definition of Wildcat strike?

   

    A strike used by a union to make management meet its demands   A strike used by a union to make management follow the law   A strike not authorized by the union

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  Paige used up her 12 weeks of FMLA leave already this year in order to take care of her sick husband. If Paige herself gets a serious medical condition, which of the following is true?

   

    Paige is entitled to 12 weeks of FMLA leave for herself.   Paige is out of FMLA leave and has no recourse.   Paige’s employer can choose not to fire her even if she takes more leave time off.   More than one response is correct.

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  Shannah is a facilities coordinator working for a public university. She oversees a dozen employees doing custodial work and often ends up working over 40 hours per week. Which of the following is true?

   

    Shannah may be paid with compensatory time.   Shannah is an exempted employee.   Shannah does not have to be paid overtime pay.   More than one answer is correct.

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