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GSU BUSA 2106 - Final Exam Study Guide
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BUSA 2106 Final Exam : Study Guide EXAM III SAMPLE QUESTIONSMultiple Choice and True/False Questions Choose the best answer for each question, using your answer sheet. Read carefully. 1.) Slander involves oral communication of a defamatory statement. a. True b. False 2.) Kit carelessly bumps into Luke, knocking him to the ground. Kit has committed the tort of negligence a. Only if Luke is injured. b. Only if Luke is not injured. c. Under any circumstances. d. Under no circumstances. 3.) An agency agreement must always be in writing. a. True b. False 4.) Stuart has cold-induced asthma, which causes breathing problems if he is exposed to cold temperatures. However, his asthma is completely controlled by medication and he has not had an asthma attack for over 10 years. He applies for a job at Cold Ice Co., an ice production company with 50 workers. As a policy, Cold Ice Co. will not hire workers with cold-induced asthma because of the danger that the cold temperatures in the company’s freezing units will trigger an asthma attack. Stuart does not get the job due to this policy and files a disability discrimination lawsuit under the Americans with Disabilities Act. He will lose his lawsuit becausea. the policy is applied equally to all workers. b. he does not have a “disability” within the meaning of the statute. c. the statute does not apply to a business of this size. d. he must show that other workers were also discriminated against because of their disabilities. 5.) Entering the United States without the appropriate immigration documents is a federal crime. a. True b. False  Short Answer Questions Write a short answer (1-2 short paragraphs) to each question. In each answer, be sure to answer each question asked, explain your reasoning, refer to the relevant laws, elements, doctrines, or tests by name, and show the steps of your analysis. If your answer requires a fact that is not included in the question, you may assume or “make up” that fact, but be sure to make your assumptions clear in your answer. Use the back of the sheet if you need more space. 1. Todd was a vacuum cleaner salesman for Able Vacuums, Inc. who went to the home of Mabel Jones, an elderly widow. Mabel invited Todd into her home to demonstrate the vacuum. Reading Quizzes RQ 141.) To win a strict liability tort case, the plaintiff must prove that the defendant was negligent.A. TrueB. False 2.) Strict liability may be imposed for harm caused in all but the following circumstances:A. Abnormally dangerous activitiesB. Product liability cases C. Harm caused by wild animals kept in captivityD. Defendants failing to exercise reasonable care in their activities 3.) Joanna purchases a child’s swingset and then alters it to make the slide higher. When her child falls off the slide and breaks his arm, Joanna may sue the swingset manufacturer for a strict product liability tort.A. TrueB. False4.) A product manufacturer must include an appropriate warning on the product for all of the following except:A. Risks that are obvious or commonly knownB. Foreseeable risks caused by using the productC. Foreseeable risks caused by misusing the product5.) A manufacturing defect affects all products in a product line; a design defect affects only particular products that were made improperly due to a manufacturing malfunction.A. TrueB. FalseRQ 151.) The defense of comparative negligence is generally not available in a strict liability lawsuit.A. TrueB. False2.) The parents of a group of teenagers whose McDonald’s-heavy diet caused them to becameobese brought a strict product liability tort against the restaurant. The judge ruled against the plaintiffs on the ground that the teenagers knew that McDonald’s food was bad for them. Thisis an example of which type of defense?A. Knowledgeable userB. Product misuseC. Contributory negligenceD. Break in the chain of causation3.) Punitive damages are not available in tort actions.A. TrueB. False4.) Special damages compensate the plaintiff for monetary losses; general damages compensate the plaintiff for non-monetary harm such as pain and suffering.A. TrueB. False5.) Which type(s) of damages would most likely be awarded in cases involving intentional torts and cases of gross negligence?A. CompensatoryB. PunitiveC. Compensatory and punitiveD. Neither compensatory nor punitiveRQ 16 1.) In an agency relationship, the agent agrees to represent or act on behalf of the principal.A. TrueB. False2.) Joe used to work as a plumber for PlumbStuck, Inc. The company laid him off but allowed him to continue driving the PlumbStuck van with the company logo on the side. Even though Joe is no longer employed by PlumbStuck, the company has created:A. Agency by express agreement B. Agency by implied agreementC. Agency by estoppelD. Agency by ratification3.) When an agent goes beyond his or her authority and the principal nevertheless affirms theagent’s actions, this is called:A. Apparent authorityB. RatificationC. EstoppelD. Liability 4.) Principals are liable for their agents’ contracts when the principals are disclosed or partially disclosed.A. TrueB. False5.) Principals may be liable for their agents’ torts under the doctrine of respondeat superior, or vicarious liability.A. TrueB. False RQ 171.) Criteria that courts use in determining whether a worker is an employee or independent contractor include all but the following:A. The amount of control the employer can exercise over the workerB. Whether the worker supplies her own tools at the place of workC. The method of payment D. Whether the person holds the title of employee or independent contractor2.) One reason that a worker’s status as an employee or an independent contractor matters is that many employment laws apply only to employees and not independent contractors.A. TrueB. False3.) Under the employment at will doctrine, an employer can fire an employee at nearly any time for nearly any reason. A. TrueB. False4.) Exceptions to the employment at will rule include all but the following:A. Where termination would be unfairB. Where termination is prohibited by a statuteC. Where an employee has job security under a union contract or other employment contractD. Where tort theory or public policy prohibits discharge5.) In some circumstances, an employer’s personnel manual can create an implied contract that can create protection against termination.A. TrueB. False RQ18Question 1 If an employee wants to bring an employment


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GSU BUSA 2106 - Final Exam Study Guide

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