BUSA 2106 Final Exam Study Guide EXAM III SAMPLE QUESTIONS Multiple 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 because a 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 14 1 To win a strict liability tort case the plaintiff must prove that the defendant was negligent A True B False 2 Strict liability may be imposed for harm caused in all but the following circumstances A Abnormally dangerous activities B Product liability cases C Harm caused by wild animals kept in captivity D 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 True B False 4 A product manufacturer must include an appropriate warning on the product for all of the following except A Risks that are obvious or commonly known B Foreseeable risks caused by using the product C Foreseeable risks caused by misusing the product 5 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 True B False RQ 15 1 The defense of comparative negligence is generally not available in a strict liability lawsuit A True B False 2 The parents of a group of teenagers whose McDonald s heavy diet caused them to became obese 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 This is an example of which type of defense A Knowledgeable user B Product misuse C Contributory negligence D Break in the chain of causation 3 Punitive damages are not available in tort actions A True B False 4 Special damages compensate the plaintiff for monetary losses general damages compensate the plaintiff for non monetary harm such as pain and suffering A True B False 5 Which type s of damages would most likely be awarded in cases involving intentional torts and cases of gross negligence A Compensatory B Punitive C Compensatory and punitive D Neither compensatory nor punitive RQ 16 1 In an agency relationship the agent agrees to represent or act on behalf of the principal A True B False 2 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 agreement C Agency by estoppel D Agency by ratification 3 When an agent goes beyond his or her authority and the principal nevertheless affirms the agent s actions this is called A Apparent authority B Ratification C Estoppel D Liability 4 Principals are liable for their agents contracts when the principals are disclosed or partially disclosed A True B False 5 Principals may be liable for their agents torts under the doctrine of respondeat superior or vicarious liability A True B False RQ 17 1 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 worker B Whether the worker supplies her own tools at the place of work C The method of payment D Whether the person holds the title of employee or independent contractor 2 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 True B False 3 Under the employment at will doctrine an employer can fire an employee at nearly any time for nearly any reason A True B False 4 Exceptions to the employment at will rule include all but the following A Where termination would be unfair B Where termination is prohibited by a statute C Where an employee has job security under a union contract or other employment contract D Where tort theory or public policy prohibits discharge 5 In some circumstances an employer s personnel manual can create an implied contract that can create protection against termination A True B False RQ18 Question 1 If an employee wants to bring an employment discrimination case against an employer under Title VII the law requires her to first A File a discrimination charge with the U S Equal Employment Opportunity Commission B Write a