WGU Employment Law - C233 Exam Questions with 100% Correct Answers

WGU Employment Law - C233 Exam Questions with 100% Correct Answers Which of the following is not a purpose or function of the law? Facilitate for private arrangements between individuals Prevent desirable, or promote undesirable, behavior Settle private and public disputes Determine procedures for changing the law - answerPrevent desirable, or promote undesirable, behavior What is a precedent? A reason a law is made A group or person exempt from the laws A controlling rule, example, or guide An exception to the rule - answerA controlling rule, example, or guide The doctrine of a court following the precedent of an earlier court is known as: Judicial review Stare decisis Secondary precedence Federal rule - answerStare decisis What is a judicial review? When a decision cannot be made in district court, it moves to Supreme Court The power of the Supreme Court to consider whether a law comports with the Constitution When a business is investigated by the Supreme Court The ability of the Supreme Court to overrule every other court - answerThe power of the Supreme Court to consider whether a law comports with the Constitution Every law in the United States is measured against the Consitution. Which of the following laws has the least amount of power under the Supremacy Clause? The Constitution Treaties and federal regulations State laws Federal laws - answerState 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 or her behalf and with the power to bind the principal. Informal Undefined Contract Formal - answerContract 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 concept is best known as: Respondeat superior Scope of employment Vicarious liability Contracted agency - answerVicarious liability Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as: Employment characteristics Respondeat superior Scope of employment Dual purpose mission - answerScope of employment In the scope of employment context, which of the following is an example of frolic and detour? An employee runs a work errand while off work An employee works from home for the day An employee runs an errand on his/her lunch break An employee runs a personal errand while driving to a meeting at a company branch office - answerAn 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? Tort liability Respondent inferior Frolic and detour Respondeat superior - answerRespondeat superior Of the following classifications of worker, which causes the smallest obligation to the employer? Employee Independent contractor Union workers Both independent contractor and employee - answerIndependent contractor If a worker is an independent contractor, the employer is not subject to wage and hour, anti- discrimination, federal employee tax withholding, or vicarious liability law. Given these factors, employers are often eager to classify workers as independent contractors rather than employees. Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor? The working description test The common law agency test The IRS 20-factor analysis The economic realities test - answerThe working description test What is the main purpose of the economic realities test? Determine if a business has enough economic freedom to hire and fire whomever they deem necessary Discover if an organization can afford to hire more employees Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business Understand the pressure unions are putting on the cost of business - answerDetermine 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? Instructions: Who controls when, where, and how work is to be done? Relationship: How many hours per year do the employee and employer spend time together outside of work? Integration: How closely are the employer's business processes linked to a worker's performance? Training: How much training does the employer give? - answerRelationship: How many hours per year do the employee and employer spend time together outside of work?