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

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 and the area was notknown for havingbear sightings.Derek wants to hold the tour company liable for his injury. Which of the following is most likely true?

• Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack.
• Derek assumed the risk of a bear attack by joining the tour group, so he cannot hold the tour company liable.
• 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.

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. Whichdefense most likely appliesto this situation?(Whether or not the defense will work is not relevant.)

• Mistake of Fact
• Duress
• Involuntary Intoxication

What type of crime is money laundering?

• Misdemeanor
• Capital Crime
• Felony
• Infraction
• Which statement corresponds to thisspecific 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."("Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.)

• Employer may legally discriminate based on the number of employees in the business.
• Employer may not legally discriminate.
• Employer may legally discriminate based on BFOQ.
• Employer may legally discriminate because the decision is not based on race.
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Marley goesoutside the duties of her agencyin 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.
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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 can be punished.
• Felipe cannot be deported, but the employer can be punished.
• Felipe can be deported, and the employer will not be punished.
• Felipe cannot be deported, and the employer will not be punished.
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Which statement matches the following scenario?

Layne is romantically interested in his employee, Brenda. He has asked her out a few times, but Brenda has turned him down.

• Guilty of hostile work environment sexual harassment
• Not guilty of sexual harassment, depending on how Brenda feels
• Not guilty of sexual harassment
• Guilty of quid pro quo sexual harassment
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Tiana runs an employment agency distributing work assignments toseveral dozen workerswho 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.)

• Tiana may discriminate, and no qualifier or condition will affect her ability to discriminate
• Tiana may not discriminate, and no qualifier or condition will enable her to discriminate
• Tiana may discriminate, subject to type of business she runs.
• Tiana may not discriminate, subject to time lapse
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Mike is an agent making purchasing orders for Tami. Tami passes away before the agency contract is voluntarily ended. Mike has already done halfof the work Tami assigned.

What is the result related tothe status of the agency?

• Agency is terminated by fulfillment.
• Agency is terminated by law.
• Agency is terminated by incapacity.
• Agency is not terminated; terms of the agency must be resolved by Tami's estate.
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Alfonso prefers only to hire Latino workers his auto body shop because they "fit in" easier with his12 employees. During a busy season, Alfonso hiresthree extra workersto 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.)

• Alfonso may not discriminate within a year of his business employing 15 or more workers, but he may discriminate a year after letting the temporary employees go.
• Alfonso may discriminate, specifically because of the type of business involved in the scenario.
• Alfonso may not discriminateno qualifier or condition can enable him to discriminate in his hiring practices.
• Alfonso may discriminateno qualifier or condition can change his ability to discriminate in hiring.
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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 performance only.
• Phineas has not breached a duty to his principal.
• Phineas has breached more than one of his duties.
• Phineas has breached his duty of notification only.
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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.

• Yellow dog contract(s)
• Federal injunction(s)
• Criminal conspiracy law(s)
• Antitrust law(s)
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Training opportunities are what kind of a bargaining subject?

• Permissive bargaining subject
• Mandatory bargaining subject
• Illegal bargaining subject
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Gordon has already worked 40 hours this week and is asked to come in to work again. Gordon is a manager who constantly has to make decisions about the business's operation. Is Gordoneligible for overtime pay?

• Gordon cannot be paid overtime
• Gordon must be paid overtime
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For the scenario, determine whether or not the person should be covered by workers'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 be covered
• Ginger will not be covered
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Cathy works in a welding shop. While working one day, a pipe falls from scaffolding above and lands on her head, injuring her. Cathy complains to OSHA, but the company argues that because it has a "watch out for falling pipe" sign in the workplace that it gave fair warning. It also says that if Cathy wasn't wearing a hardhat,she is responsible for her own injury. Which of the following is true?

• Common law rules could hold Cathy responsible for her own injury.
• OSHA rules can hold Cathy's employer responsible for not maintaining a hazard-free workplace.
• Cathy's employer may not be held liable for her injury if it fulfilled compliance and general duty requirements.
• More than one answer is correct.
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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 must receive her job back
• Cherry may not receive her job back
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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 may not receive her job back
• Elsa must receive her job back
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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?

• Ozzy's requirement to join the union depends on his state of employment.
• Ozzy must now join the union because union shops are always legal.
• The union officials are pretending they have a closed shop and can't influence Ozzy's decision.
• The union can't make Ozzy join the union, but it can require him to pay union dues.
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Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?

• Buster cannot take any more leave if he has also used up his sick leave and vacation days.
• Buster cannot be fired for reasons aside from his need to take leave.
• Buster's employer can fire him because he wants to take more leave.
• Buster is entitled to the leave he is asking for.
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Fill in the blank that completes the statement.

Al's Fine Winery has had workers attempting to band 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 ____________.

• Criminal conspiracy law(s)
• Yellow dog contract(s)
• Antitrust law(s)
• Federal injunction(s)
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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 Ellaeligible for overtime pay?

• Ella cannot be paid overtime
• Ella must be paid overtime
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For the scenario, determine whether or not the person should be covered by workers' 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 not be covered
• Noel will be covered