WGU - BUSINESS LAW C713 PRE-ASSESSMENT exam questions and answers 2024

What is the principal source of stare decisis and precedent? D) Common Law Common Law A rent-to-own store offered for sale a sofa that was manufactured in a foreign county. The store intentionally represented that the sofa was made from leather, but in reality it was made from vinyl. A consumer used a credit card to purchase the sofa and hopes the Federal Trade Commission regulations can help resolve the dispute. How would these regulations help this consumer? A) They prohibit unfair or deceptive acts or practices. They prohibit unfair or deceptive acts or practices. From which source do laws governing crime primarily arise? C) Constitutional Law Constitutional Law Which type of law governs a claim for age discrimination in private employment? B) Common Law Common Law During a state trial the following testimony is recorded: An individual holds an online auction claiming to be selling the rights to a valuable apartment building. A small business owner wins the auction and pays the individual $1 million, only to learn that the individual did not disclose that the apartment building has serious structural defects, in a panic, the small business owner burns down the building and asks the insurance company to pay for the loss. Which trial action brought by the state against the small business owner is supported by this scenario? D) Criminal trial for fraud Criminal trial for fraud During a state trial, the following testimony is recorded: An individual holds an online auction claiming to be selling the rights to a large bridge in New York. The individual does not own the bridge or have any claim to it. A small business is looking to establish a paving contract with the City of New York and bids $1 million in the auction for the bridge, hoping to leverage the bridge into a contract with the city. The small business wins the auction and pays the individual $1 million, only to learn that the individual does not have a legal claim on the bridge. Which trial action brought by the state is supported by this scenario? D) Criminal trial for fraud Criminal trial for fraud During a state trial, the following testimony is recorded: An individual working for Firm A learns of a contract between Firms B and C. The individual goes to Firm C and convinces it to break its contract with Firm B and enter into a new contract with Firm A. The individual lies to Firm A about personal involvement in the conflict, saying Firm C decided to break the contract with Firm B on its own. The individual repeats the same lie to Firm B. Which state trial action brought by Firm B is supported by this scenario? C) Civil trial for tortious interference with a contract Civil trial for tortious interference with a contract An employee leaves the company office and is injured by a falling tree branch. The employee sues the company. The trial court rules that the company is liable for the worker's injury. This decision goes against past precedent, which held that employers are not liable for injuries to employees outside the office. The company appeals the decision, and a U.S. court of appeals holds in the company's favor. How will future rulings by judges who disagree with a court of appeal's findings be affected by this precedent? C) The court of appeals will order the lower courts that fail to consider precedent to rehear the case. The court of appeals will order the lower courts that fail to consider precedent to rehear the case. What is an example of the concept of precedent? A) A case that a lower trial court identifies as resolving a similar issue A case that a lower trial court identifies as resolving a similar issue A federal trial court judge is deciding a case based on constitutional law. The judge finds a past appellate case that is very similar to the current case and decides to follow the ruling established by the prior court. Which legal concept describes why this decision is binding on future cases? A) Stare decisis Stare decisis In which two industries can children under the age of 14 work, according to the Fair Labor Standards Act of 1938? -Agriculture -Entertainment Agriculture Entertainment Which two conditions guarantee unpaid leave for a serious health impairment under the Family of Medical Leave Act? -A condition that necessitates hospitalization. -A condition that requires multiple visits to a healthcare provider in a year. -A condition that necessitates hospitalization. -A condition that requires multiple visits to a healthcare provider in a year. A 25-year old white male employee reveals to his boss that his wife is pregnant and requests time off until the baby is born. Soon thereafter, the boss begins treating the employee differently and starts assigning the employee's current client accounts to a childless, 40-year old Asian female co-worker. Two weeks late, the employee is demoted for poor work performance, and the time-off request is denied. The employee decides to sue for workplace discrimination. Which portion of the Civil Rights Act supports this employee's claim? D) Family responsibility discrimination Family responsibility discrimination A corporation advertises a job opening and interviews several applicants. A 35-year-old African American woman states that she is pregnant, a 38-year-old Hispanic woman states that she lived two hours from the office, and a 25-year-old white man states that he is gay. After the interviews, the female candidates are told that the position has been eliminated. However, the male applicant is hired two days later for the advertised position. It is determined that workplace discrimination had occurred. Which form of discrimination occurred? B) Sexual orientation discrimination Sexual orientation discrimination What is a characteristic of an independent contractor? A) Provides own tools and place of work Provides own tools and place of work What is a characteristic of an independent contractor? A) The principal pays no benefits on behalf of the agent The principal pays no benefits on behalf of the agent. While carrying a heavy box, an employee trips on stairs at work, falling and breaking a leg. It was determined that the carpet on the stairs was loose and had been that way for a month. What is the employee's option for compensation while recovering? A)Collect workers' compensation Collect workers' compensation The owner of a gas station has a reasonable requirement that any mechanic be able to lift 50 pounds for safety reasons prior to being hired. A 42 year old African American female mechanic who is fully qualified applies for the position. The owner tells her about the requirement. She asks to prove that she can lift the 50 pounds, but the owner declines. The following week, he hires a male mechanic who is actually less qualified. What permits the female applicant to sue the gas station owner under these D) The VII of the Civil Rights Act of 1964 The VII of the Civil Rights Act of 1964 A large Midwestern manufacturing firm fires a 35 year old, African American, female employee. The employee is told "Our company desires to fit a certain image, which you do not reflect." The employee is immediately replaced with a younger, Caucasian American. Which Title of the Civil Rights Act of 1964 will allow the employee to sue the employer for wrongful termination? A) VI B) VII C) VIII D) IX VII A union representing employees of a company is negotiating a new collective bargaining agreement. The union make a demand for an increase in wages. The company refuses, citing an inability to pay. The union believes the company is not negotiating in good faith and demands to see the company's financial statements, but the company refuses. Will the union prevail in an unfair labor practice complaint? A) No, because the financial records of the company are protected as private documents. B) No, because the union lacks the authority to demand to see the company's documents. C) Yes, because the company must provide whatever documents the union requests during collective bargaining. D) Yes, because the financial condition of the company is directly related to the issue of a wage increase. Yes, because the company must provide whatever documents the union requests during collection bargaining. Which law initially prohibited federal court injunctions in nonviolent labor disputes? A) Fair Labor Standards Act B) Norris-LaGuardia Act C) Robinson-Patman Act D) National Labor Relations Act Norris-LaGuardia Act A prospective employee has two job offers. Company A offers a higher salary and is an at-will employer. Company A does not have a union, but Company B does. The prospective employee is concerned about the future and job security. Which company would alleviate these concerns? A) Company A because employment is at-will B) Company A because the salary is higher C) Company B because an employee is guaranteed a job until retirement D) Company B because an employee can only be terminated for cause Company B because an employee can only be terminated for cause. A newly hired employee at a company has been asked to join the union. The employee is concerned about promotions and advancements with the new employer. What can a union do to satisfy this concern? A) Negotiate a provision providing fair promotions B) Reduce the duration of the probationary period C)Offer benefits and a pay raise during the probation period D)Promise a raise and promotion within two years Negotiate a provision providing fair promotions A hospital proposes to acquire a group of physicians. If the proposed vertical merger goes through, the hospital will control 80% of the primary care physicians in the relevant geographic market. The hospital argues that the merger will improve patient care. The Federal Trade Commission (FTC) sues to block the acquisition. Should the court agree with the FTC and block the merger? A) Yes, because the hospital would have sufficient market power to force higher rates for medical care B)No, because the hospital would improve medical care for its patients in the market area. C)No, because a market share of 80% is not considered an illegal monopoly D)Yes, because a market share of 80% is considered an illegal monopoly Yes, because the hospital would have sufficient market power to force higher rates for medical care Person A reports three books being stolen. A week later, Person A recognizes Person B carrying the stolen books. Person B had been sold the books by Person C. Which type of warranty can Person B claim that Person C breached? A) Merchantability B) Fitness C) Infringement D) Title Title