1. Sam gives Dennis a written power of attorney to sell his house. Though the power of attorney doesn't expressly authorize Dennis to do so, Dennis purchases an ad in the newspaper to advertise sale of the house. The newspaper sends a bill to Sam. If Sam is liable for the bill, it's most likely based on agency by
A. estoppels.
B. appointment.
C. operation of law
D. implication
2. Cara's boss sends her nude photos of himself. She complains that it's sexual harassment. The boss says that it's not sexual harassment because he didn't ask her for sexual favors. The boss's actions
A. don't constitute sexual harassment because he didn't create a hostile work environment.
B. constitute quid pro quo sexual harassment.
C. constitute sexual harassment because he created a hostile work environment.
D. don't constitute sexual harassment because he didn't ask for sexual favors.
3. Irene hires Mark to do work for her. In the course of performing that work, Mark causes injury to a third party. Which of the following statements is true?
A. Irene isn't liable for the injury whether Mark is an employee or an independent contractor.
B. If Mark is an independent contractor, Irene is liable for the injury.
C. If Mark is an employee, Irene is liable for the injury.
D. Irene is liable for the injury whether Mark is an employee or an independent contractor.
Note: C could also be correct. But my bet is on D
4. Javier gives written authorization to Tamara to sell his house. Javier dies on the October 4. On October 8, Tamara enters into a written contract on behalf of Javier to sell the house to Trudy for $100,000. Before Tamara entered into the contract, she showed the written authorization to Trudy. Javier's estate is
A. obligated to sell for $100,000 because Tamara had express authority.
B. liable if Tamara knew Javier was deceased at the time of the contract.
C. not liable.
D. liable if the price is fair.
5. Anna gives Doris a power of attorney. Doris does business with Big Bank as Anna's agent. Anna then revokes the power of attorney. Anna is not liable on any contracts Doris made
A. after Big Bank received notice that she was no longer an agent.
B. after the date of termination but before notice was received by Big Bank.
C. that weren't fully performed at the time notice was received by Big Bank.
D. after her agency was terminated
6. The union at Big Tech goes on strike. The president can petition the attorney general to seek an injunction stopping the strike for 60 days if the
A. strike would result in large losses to the company.
B. strike would endanger the nation's health or safety.
C. demands of the union are unreasonable.
D. union failed to give 60 days' notice of its intent to strike.
7. Eric has gradually been losing his eyesight, which has adversely affected his work. When the boss fires Eric, she tells him that she's letting him go because he can't see anymore. Eric's discharge is
A. not wrongful if he can't perform the job without reasonable accommodations by the employer.
B. wrongful because once hired, employees can't be discharged due to disability.
C. not wrongful because it didn't involve a hiring decision.
D.wrongful if the employer can make a reasonable accommodation for his disability.
8. Carter wants to impress his boss, Marco. Carter approaches one of Marco's potential clients and negotiates a contract with the client on Marco's behalf. The client agrees and signs the contract. Marco, however, doesn't know about Carter's negotiation. Carter lacks the authority to negotiate on Marco's behalf. When Marco finds out, he is so pleased about the contract that he overlooks Carter's actions and tells Carter he did an excellent job landing the client. This forms an agency by
a. Agreement
b. ratification.
c. operation of law.
d. estoppel.
9. Tony tries to start a union at Big Tech, Inc. His employer learns of his attempt to organize a union and fires him. Big Tech's actions
A. are permitted if the state has adopted right-to-work legislation.
B. constitute an unfair labor practice.
C. are permitted.
D. are permitted if they first give Bob notice forbidding the union.
10. Norma has worked for Big Factory for 15 years, has never missed a day of work, and has always been an excellent worker. One day, without warning, Norma's supervisor fires her without any explanation. Norma knows of no reason for the termination. Which of the following statements is true?
A. Norma can't do anything as long as the reasons were nondiscriminatory.
B. Norma can't do anything unless she lives in an employment-at-will jurisdiction.
C. Norma may file a bad faith action against Big Factory.
D. Norma may file a bad faith action against her supervisor.
11. State right-to-work laws prohibit
A. employees from forming labor unions and bargaining units.
B. closed shops, but not union shops.
C. agreements requiring union membership to get or keep a job.
D. union shops, but not closed shops.
12. Sally works for Big Tech, Inc. One day, the boss calls her into his office and says, "Women just don't get tech. You're fired." Sally sues. In the course of the litigation, the company discovers that Sally was pilfering paper from the company storage, and under the employee handbook, this is grounds for termination. Sally's discharge is
A. wrongful because evidence can't be used in a gender discrimination case.
B. not wrongful because the employer discovered evidence that justifies the firing.
C. wrongful because the employer intended to fire her based on gender.
D. not wrongful because gender is a bona fide job qualification for working in tech.
13. Steve is Jason's agent, and it's within Steve's authority as Jason's agent to purchase homes on Jason's behalf. Steve contracts with Albert to buy Albert's house for Jason. Steve, however, doesn't tell Albert that he's buying the house on Jason's behalf or that he's acting for another individual. Under the terms of the contract, which of the following statements is true?
A. Only Jason can be held liable.
B. Neither Steve nor Jason can be held liable.
C. Both Steve and Jason can be held liable.
D. Only Steve can be held liable.
14. David gives Ethel power of attorney. David then has a nervous breakdown and becomes insane. Ethel has the authority to act on David's behalf
A. by necessity.
B. with regard to personal property but not real property.
C. only until Tom regains his sanity.
D. if the power of attorney is a durable power of attorney.
15. Sandy works as a clerk in Big Department Store. After she finishes work one day, she heads out to her car in the parking lot to drive home. There, she sees Petra, someone she detests. Sandy and Petra argue, and Sandy punches Petra in the nose, causing an injury. Which of the following statements is true?
A. Only Sandy is liable for Petra's injury.
B. Neither Sandy nor Big Department Store are liable for Petra's injury.
C. Both Sandy and Big Department Store are liable for Petra's injury.
D. Only Big Department Store is liable for Petra's injury.
16. Sal hires Antoinette to sell his house and gives her power of attorney that authorizes her to do, but the power of attorney says nothing about price. Sal tells Antoinette to take nothing less than $200,000. Harry offers Antoinette $195,000 for the house, and Antoinette accepts. If Sal is bound by the sale contract, the most likely reason is __________ authority.
A. implied
B. actual
C. express
D. apparent
17. Shauna creates a website that sells shoes. Meagan chooses shoes, enters her credit card information, and purchases the shoes. She then receive an e-mail confirming the purchase. The website is programmed to perform these functions, and Shauna has no personal knowledge of the transaction. Shauna was on vacation at the time of the transaction and didn't personally approve it. She returns from vacation, checks the site, and discovers the transaction. Was a contract created?
A. No, because Shauna never confirmed the purchase.
B. Yes, because agency by necessity applies.
C. Yes, because the computer is an agent for Shauna.
D. No, because the computer isn't an agent for Shauna.
18. The right to notice of a plant closing or massive layoffs due to sale of a business is derived from the
A. Antitrust Procedures and Penalties Act.
B. Hart-Scott-Rodino Antitrust Act.
C. Employee Retirement Income Security Act.
D. Worker Adjustment and Retraining Notification Act.
19. Carl, a little person with dwarfism, applies for a job. He is told he won't be hired because he is a little person. Carl sues, claiming discrimination under the Civil Rights Act. Which of the following statements istrue?
A. Carl has a good claim.
B. Unless the employer can show that being of a certain height is a bona fide job qualification, Carl has a good claim.
C. Unless Carl can show that the height requirement has a disparate impact on short people, he has no claim.
D. Carl has no claim.
20. Polly hires Nick to sell her house and gives him power of attorney that authorizes him to do, but the power of attorney says nothing about price. Polly tells Nick to take nothing less than $200,000. Lola offers Nick $195,000 for the house, and Nick accepts. Nick violated his duty of
A. obedience.
B. account.
C. loyalty.
D. due diligence
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