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What is judicial review? - CORRECT ANSWERS The power of the Supreme Court
to consider whether a law comports with the Constitution
Which of the following is NOT a purpose or function of law?
*Settle private and public disputes
*Determine procedures for changing the law
*Prevent desirable, or promote undesirable behavior
*Facilitate for private arrangements between individuals - CORRECT ANSWERS
Prevent desirable, or promote undesirable behavior
What is a precedent? - CORRECT ANSWERS A controlling rule, example, or guide
The doctrine of a court following the precedent of an earlier court is knows as: - CORRECT ANSWERS
Stare decisis
What is a judicial view? - CORRECT ANSWERS The power of the Supreme Court to
consider whether a law comports with the Constitution.
Which of the following laws has the least amount of power under the Supremacy Claus? - CORRECT
ANSWERS State Laws
,Agency is a ________ relationship (a legally binding agreement) between a principal and an agent
whereby the principal, expressly or implicitly, authorizes the agent to work on his behalf and with the
power to bind the principal. - CORRECT ANSWERS Contract
An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts
or omissions of the employee. This employment law is best known as: - CORRECT ANSWERS
Vicarious Liability
Employee conduct which is reasonably relative to a job description and foreseeable by the employer as
part of the job description is referred to as: - CORRECT ANSWERS Scope of
Employment
In the scope of employment context, which of the following is an example of frolic and detour? -
CORRECT ANSWERS An employee runs a personal errand while driving to a
meeting at a company branch office.
"Let the master answer for the servant" applies to which vicarious liability doctrine? - CORRECT
ANSWERS Respondeat superior
Of the following classifications of worker, which causes smallest obligation to the employer? - CORRECT
ANSWERS Independent Contractor
Which of the following is NOT one of the three different tests commonly used to determine if a worker
is an employee or an independent contractor?
*The economic realities test
*The IRS 20-factor analysis
*The common law agency test
*The working description test - CORRECT ANSWERS The working description test
,What is the main purpose of the economic realities test? - CORRECT ANSWERS
Determine whether the worker has little freedom to exit the relationship because they are economically
dependent on the business
The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed
independent contractors. Which of the following is NOT a factor?
*Integration: How closely the employer's business processes linked to a worker's performance?
*Relationship: How many hours per year do the employee and employer spend time together outside of
work?
*Training: How much training does the employer give?
*Instructions: Who controls what, when and how work is to be done? - CORRECT ANSWERS
Relationship: How many hours per year do the employee and employer spend time together outside of
work?
TRUE or FALSE: Generally, partners, directors and major shareholders are not employees. - CORRECT
ANSWERS TRUE
What is the definition of an employer? - CORRECT ANSWERS An entity that
employs another to work on his or her behalf for pay.
Operations of two or more employers are considered so intertwined that they can considered a single
employer for purposes of both federal statutory coverage and liability. This is knows as: - CORRECT
ANSWERS Integrated Enterprise
When two or more entities, which are not engaged in an integrated exercise, exert control over an
employee such that each entity may be considered an employer, this is known as the _______ doctrine.
- CORRECT ANSWERS Joint Employer
A business is a _____ employment agency if it regularly procures employees for at least one covered
employer. - CORRECT ANSWERS Covered
, Which of the following is NOT a qualification to fall under federal employment law statutes?
*An entity is not engaged in an industry-affecting commerce
*An entity maintains a hiring hall which procures employees for at least one covered employer
*An entity membership exceeds certain number
*An entity represents the employees of an of an employer - CORRECT ANSWERS
An entity is not engaged in an industry-affecting commerce
Under the Employment-At-Will Doctrine, _____. - CORRECT ANSWERS An
employer may terminate an employee at any time, for any legal reason without incurring liability.
The At-Will Doctrine has come under much criticism in the modern age because _____. - CORRECT
ANSWERS It allows for possible harsh consequences for the employee.
Which of the following is NOT recognized exception to at-will doctrine under the common law?
*Implied covenant of good faith
*Public Policy
*Economic sustainability
*Implied contract - CORRECT ANSWERS *Economic sustainability
How many states recognize the the public policy exception? - CORRECT ANSWERS
44
If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union
activities, opposing unlawful discriminatory practices, filing for workers' compensation, or