LENB Exam 1 Study Guide Questions &
Answers
which of the following is true regarding state and federal court jurisdiction Correct Ans-in
some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent
jurisdiction with the federal courts; and state courts also have the power to hear all cases not
within the exclusive jurisdiction of the federal court system
discrimination based upon _______ is protected by title VII Correct Ans-race, color, religion,
sex, and national origin
which of the following is needed for diversity of citizenship Correct Ans-both that the plaintiff
and the defendant reside in different state and that the controversy concerns an amount in
excess of $75,000
________ are also known as unintentional-discrimination cases Correct Ans-disparate impact
cases
which of the following is typically an appropriate venue in a lawsuit Correct Ans-the trial
court where the defendant resides and also the location where the dispute occurred if the
lawsuit focuses on a particular incident
in which of the following types of cases does a plaintiff attempt to prove that while an
employer's policy or practice appears to apply to everyone equally, its actual effect is that it
disproportionately limits employment opportunities for a protected class Correct Ans-
disparate impact cases
Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda
that she should sue for defamation, but she has no interest in that. Can you sue on behalf of
Yolanda Correct Ans-no because you have no standing
, which is a valid defense that allows an employer to discriminate in hiring on the basis of sex,
religion, or national origin if doing so is necessary for the performance of the job Correct Ans-
the bona fide occupational qualification defense
a _______ is a judgement in favor of the plaintiff that occurs when the defendant fails to answer
the complaint and the plaintiff's complaint alleges facts that would support such a
judgement Correct Ans-default judgement
_______ is provided to a plaintiff if the EEOC decides not to sue on behalf of the
plaintiff Correct Ans-a right to sue letter
billy, a witness to a motor vehicle accident, is gravely ill with cancer. pat, who was injured in the
accident, would like to preserve his testimony for trial in case he dies before the trial date. what
should pat do? Correct Ans-take billy's deposition
attorney candy represent plaintiff ann who is suing her neighbor for nuisance claiming that the
neighbor plays music too late at night. candy puts ann on the stand and asks her questions.
candy is involved in which of the following Correct Ans-direct examination
_________ are exempt employees under the fair labor standards act Correct Ans-executives,
administrative employees, and professional employees
what is a provision in a contract mandating that all disputes arising under the contract be
settled by arbitration called Correct Ans-a binding arbitration clause
Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist
there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow
dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When
they returned to work, Candy proceeded to make suggestive comments to Bruce in front of
other employees and to request that he rub her shoulders. When she passed Bruce's station,
she would caress him while he worked. Candy also decided that Robert was cute, and she
showered him with the same type of attention. Robert enjoyed the attention, but Bruce was
offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on
Answers
which of the following is true regarding state and federal court jurisdiction Correct Ans-in
some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent
jurisdiction with the federal courts; and state courts also have the power to hear all cases not
within the exclusive jurisdiction of the federal court system
discrimination based upon _______ is protected by title VII Correct Ans-race, color, religion,
sex, and national origin
which of the following is needed for diversity of citizenship Correct Ans-both that the plaintiff
and the defendant reside in different state and that the controversy concerns an amount in
excess of $75,000
________ are also known as unintentional-discrimination cases Correct Ans-disparate impact
cases
which of the following is typically an appropriate venue in a lawsuit Correct Ans-the trial
court where the defendant resides and also the location where the dispute occurred if the
lawsuit focuses on a particular incident
in which of the following types of cases does a plaintiff attempt to prove that while an
employer's policy or practice appears to apply to everyone equally, its actual effect is that it
disproportionately limits employment opportunities for a protected class Correct Ans-
disparate impact cases
Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda
that she should sue for defamation, but she has no interest in that. Can you sue on behalf of
Yolanda Correct Ans-no because you have no standing
, which is a valid defense that allows an employer to discriminate in hiring on the basis of sex,
religion, or national origin if doing so is necessary for the performance of the job Correct Ans-
the bona fide occupational qualification defense
a _______ is a judgement in favor of the plaintiff that occurs when the defendant fails to answer
the complaint and the plaintiff's complaint alleges facts that would support such a
judgement Correct Ans-default judgement
_______ is provided to a plaintiff if the EEOC decides not to sue on behalf of the
plaintiff Correct Ans-a right to sue letter
billy, a witness to a motor vehicle accident, is gravely ill with cancer. pat, who was injured in the
accident, would like to preserve his testimony for trial in case he dies before the trial date. what
should pat do? Correct Ans-take billy's deposition
attorney candy represent plaintiff ann who is suing her neighbor for nuisance claiming that the
neighbor plays music too late at night. candy puts ann on the stand and asks her questions.
candy is involved in which of the following Correct Ans-direct examination
_________ are exempt employees under the fair labor standards act Correct Ans-executives,
administrative employees, and professional employees
what is a provision in a contract mandating that all disputes arising under the contract be
settled by arbitration called Correct Ans-a binding arbitration clause
Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist
there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow
dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When
they returned to work, Candy proceeded to make suggestive comments to Bruce in front of
other employees and to request that he rub her shoulders. When she passed Bruce's station,
she would caress him while he worked. Candy also decided that Robert was cute, and she
showered him with the same type of attention. Robert enjoyed the attention, but Bruce was
offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on
