ETH 321T Week 3 Assignment 1

ETH 321T Week 3 Assignment 1 | University of Phoenix | Assignment Help 

1.            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?

o             The clowns have committed fraud, since they don’t really intend to do anything to Beau.

o             The clowns have done nothing illegal, as long as they stopped Beau in a public location.

o             The clowns are interfering with a business relationship.

o             Because Beau is trying to go to his favorite store, the clowns are interfering with a contractual relationship.

This qualifies as intimidation of a customer under the typical definition of interfering with a business relationship.

Found in the following section(s) of the text:

3.6: Business Torts

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

o             Having your neighbor’s cat spayed while your neighbor is on vacation

o             Dying your boss’s suit pink as a prank

o             Borrowing your dad’s car to get it waxed

o             Conducting a cyberattack to infect a victim’s computer with spyware

3.            Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injured when a part flies off the machine. If the former rule of privity of contract were in place, which of the following would be true?

o             Lexi can hold the manufacturer liable for Jill’s injury.

o             Jill can hold the manufacturer liable for her injury as long as Lexi was in the room when she got hurt.

o             Jill can hold the manufacturer liable for her injury.

o             Jill cannot hold the manufacturer responsible for her injury.

4.            Which of the following classifies as a tort?

o             Embezzlement

o             Assault

o             Kidnapping

o             Burglary

5.            Which of the following is true of defamation?

o             a. The defamatory information may or may not be true to be actionable.

o             b. A defamation tort exists whether the defamatory information was spread accidentally or on purpose.

o             d. A defamation tort only exists when ten or more people hear the defamatory information.

o             d. Both B and C

Found in the following section(s) of the text:

3.4: Defamation

6.            What is the definition of fraud  in a business context?

o             Use of false pretenses to obtain property

o             Conducting transactions with money which has been obtained through illegal means

o             Permanent taking of property against a fiduciary relationship

o             Agreement and planning to commit another crime

7.            Which of the following is NOT a case of negligence?

o             A building manager fails to repair an elevator and people get stuck inside

o             A butcher plays audio of howling dogs in the back of his shop to prank customers

o             A doctor prescribes the wrong pills to a patient

o             A driver falls asleep at the wheel and causes an accident

8.            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:

o             Levin and the foreman must share equally in the cost of the accident.

o             The foreman cannot receive any damages because he is partially responsible for the accident.

o             Levin must pay the damages because his job holds him to a higher duty of care.

o             The foreman will only have to pay 80% of the cost of damages.

Even a small amount of contribution to your own accident prevents you from receiving damages under this doctrine.

Found in the following section(s) of the text:

3.8: Defenses to Unintentional Tort Claims

9.            Rank these types of crimes from most to least serious:

o             Capital, felony, misdemeanor, infraction

o             Felony, infraction, capital, misdemeanor

o             Capital, misdemeanor, felony, infraction

o             Infraction, felony, misdemeanor, capital

Found in the following section(s) of the text:

3.11: Types of Crimes

10.          Which of the following unambiguously qualifies as intrusion upon seclusion?

o             Taking pictures of strangers at a local coffee shop to use in a class project

o             Opening a gate and taking a shortcut across private property on your way home from work

o             Walking into the office of the CEO of a business you hold no ownership or interest in

o             Flying a camera drone over a public beach to capture a video of sunbathers

Found in the following section(s) of the text:

3.3: Invasion of Privacy

11.          UrbanoCorp fires Alyssa, a 40-year-old employee. Which of the following is false?

o             If UrbanoCorp has more than 20 employees, Alyssa has the burden of proving the company fired her because of her age.

o             If UrbanoCorp has fewer than 20 employees, Alyssa can’t sue the company for age discrimination.

o             If UrbanoCorp has more than 20 employees, it will have the burden of proving it had a legitimate reason for firing Alyssa.

o             If UrbanoCorp has fewer than 20 employees, it doesn’t have the burden of proving it had a legitimate reason for firing Alyssa.

The plaintiff has the burden of proof in showing age is the reason for discrimination. Of course, a case is only possible if the employer has the requisite number of employees—more than 20.

Found in the following section(s) of the text:

4.10: Age Discrimination

12.          DJ, an agent, is negotiating contracts for his boss’s company. While in the course of seeking out contracts for his boss, DJ discovers a business opportunity that he would like to take advantage of. Which of the following is true?

o             DJ may take advantage of the opportunity as long as it does not conflict with the interests of his boss and the agency relationship.

o             DJ may take advantage of his own business opportunities.

o             DJ may not take advantage of his own business opportunities.

o             DJ may not take advantage of the opportunity unless he ends his agency relationship with his boss.

A duty of loyalty does not prevent all actions (or in this case, all business transactions). It only requires that an agent’s actions do not conflict with the principal’s interests.

Found in the following section(s) of the text:

4.5: Duties of the Agent to the Principal

13.          What is the result of frolic and detour?

o             Imposes liability on an employer when an employee pursues both personal and business interests

o             Removes liability from an employer while an employee is commuting

o             Removes liability from an employer while an employee pursues personal interests

14.          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?

o             Jerome was required to be hired for Shane’s business, and Jerome may sue Shane’s business.

o             Shane doesn’t have to hire Jerome if Jerome doesn’t meet the job’s specifications.

o             Jerome was required to be hired for Shane’s business, and the OFCCP can sue Shane’s business.

o             None of the above are true.

Found in the following section(s) of the text:

4.12: Affirmative Action

15.          Based on the text what is a factor?

o             A person hired to perform a specific service for another

o             A person who controls and administers personal property and goods

o             A person given authority to act for another

o             A person who facilitates a transaction on others’ behalf

16.          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?

o             More than one response is correct.

o             Marianna can be hired as long as her right to work is verified within 3 days of being hired.

o             Marianna is protected by the IRCA.

o             Marianna can be rejected because of her citizenship status.

Found in the following section(s) of the text:

4.13: Immigration Law in Employment

17.          Jill and Carey have an agency relationship wherein Carey serves as an agent finding painting contracts for Jill. When Carey gets pregnant and wants to stop working for Jill:

o             Jill can do nothing.

o             Jill has a duty to finish residual obligations under the agency.

o             Carey may not terminate the agency without Jill’s approval.

o             Carey has a duty to finish residual obligations under the agency.

A principal or agent may unilaterally end an agency, but he or she must still complete obligations that are contractually owed to the other party.

Found in the following section(s) of the text:

4.7: Termination of the Agency

18.          Which of the following is false concerning workers’ concerted activity?

o             Concerted activity is any effort of employees to join together to seek improvements in working conditions.

o             Workers are protected from employer discrimination when they engage in concerted activity.

o             Concerted activity is protected under Section 7 of the NLRA.

o             Only union members may engage in concerted activity.

All concerted activity is protected.

Found in the following section(s) of the text:

5.4: The National Labor Relations Act of 1935

19.          Wages and hours are considered a(n) __________ bargaining subject.

o             Permissive

o             Mandatory

o             Yellow Dog

o             Illegal

Found in the following section(s) of the text:

5.7: Collective Bargaining

20.          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?

o             Shannah may be paid with compensatory time.

o             Shannah is an exempted employee.

o             Shannah does not have to be paid overtime pay.

o             More than one answer is correct.

21.          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?

o             The officials may discipline the union member without question.

o             The officials may discipline the union member after hearing his case.

o             The officials may do nothing.

o             The officials may discipline the union member only if he committed a crime.

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

o             Payment for medical treatment

o             Full pay while she misses work

o             Rehabilitation costs

o             Regular medical benefits

23.          What is the definition of contributory negligence?

o             An employee knew and expected the risk of injury

o             An employee caused his or her own injury

o             Another employee caused an employee’s injury

24.          Which of the following was not an effect of the Norris LaGuardia Act?

o             Rules removing unionization activities from the Sherman Act prohibitions

o             Prohibition of federal injunctions in labor disputes

o             Rules concerning collective bargaining

o             Prohibition against yellow dog contracts

25.          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?

o             Ciro does not have to join the union.

o             Ciro’s requirement to join the union depends on what type of work he is doing.

o             Ciro doesn’t have to join the union, but must pay union dues.

o             Ciro must join the union.