C233 - EMPLOYMENT LAW EXAM
2025 QUESTIONS AND ANSWERS
Precedent - ....ANSWER ...-A controlling rule, example, or guide established by a
judge that provides a framework for other judges to follow in later cases
Stare Decisis - ....ANSWER ...-(Latin for "let the decision stand") the doctrine of a
court following the precedent of an earlier court
Judicial Review - ....ANSWER ...-The power of the Supreme Court to consider
whether a law complies with the Constitution
Which of the following is not a purpose or function of the law?
A. determine procedures for changing the law
B. facilitate for private arrangements between individuals
C. prevent desirable, or promote undesirable, behavior
D. settle private and public disputes - ....ANSWER ...-C. prevent desirable, or
promote undesirable, behavior
Which of the following laws has the least amount of power under the Supremacy Clause?
A. state laws
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,B. federal laws
C. treaties and federal regulations
D. the constitution - ....ANSWER ...-A. state laws
Agency - ....ANSWER ...-a contract relationship between a principal and an agent
whereby the principal authorizes the agent to work on their behalf and with power to
bind the principal
Tort - ....ANSWER ...-A civil wrong which causes someone harm
Vicarious Liability - ....ANSWER ...-A form of secondary liability that comes from
the doctrine of respondeat superior--"let the master answer for the servant".
Scope of Employment - ....ANSWER ...-Employee conduct that is reasonably
relative to a job description
Frolic and Detour - ....ANSWER ...-An employee's physical departure from the job
in order to further their own interests and not the employer's
Going and Coming Rule - ....ANSWER ...-A legal principle that removes an
employer's liability from employee's actions going to and from their place of
employment
Dual Purpose Mission - ....ANSWER ...-Occurs when an employee conducts
personal and work business at the same time; subjecting the employer to liability for the
employee's actions
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, An employer can be exposed to liability in tort for the acts or omissions of the employee.
This employment law concept is best known as what? - ....ANSWER ...-Vicarious
Liability
"Let the master answer for the servant" applies to which vicarious liability doctrine? -
....ANSWER ...-Respondent Superior
Independent Contractor - ....ANSWER ...-A worker who is not subject to wage,
discrimination, tax, or liability laws
What are the 3 commonly used tests to determine if a worker is an employee or
independent contractor? - ....ANSWER ...-1. The common law agency test
2. The economic realities test
3. The IRS 20-factor analysis
Common Law Agency Test - ....ANSWER ...-A test that classifies a worker as an
employee if the employer maintains the right to control the method of work performed
Economic Realities Test - ....ANSWER ...-A test that classifies a worker as an
employee if the employee is substantially economically dependent on an employer
20-Factor Analysis - ....ANSWER ...-A guide adopted by the IRS for determining if
a worker should be classified as an independent contractor
USERRA - ....ANSWER ...-Uniformed Services Employment and Reemployment
Rights Act
NLRA - ....ANSWER ...-National Labor Relations Act
ADEA - ....ANSWER ...-Age Discrimination in Employment Act
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2025 QUESTIONS AND ANSWERS
Precedent - ....ANSWER ...-A controlling rule, example, or guide established by a
judge that provides a framework for other judges to follow in later cases
Stare Decisis - ....ANSWER ...-(Latin for "let the decision stand") the doctrine of a
court following the precedent of an earlier court
Judicial Review - ....ANSWER ...-The power of the Supreme Court to consider
whether a law complies with the Constitution
Which of the following is not a purpose or function of the law?
A. determine procedures for changing the law
B. facilitate for private arrangements between individuals
C. prevent desirable, or promote undesirable, behavior
D. settle private and public disputes - ....ANSWER ...-C. prevent desirable, or
promote undesirable, behavior
Which of the following laws has the least amount of power under the Supremacy Clause?
A. state laws
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,B. federal laws
C. treaties and federal regulations
D. the constitution - ....ANSWER ...-A. state laws
Agency - ....ANSWER ...-a contract relationship between a principal and an agent
whereby the principal authorizes the agent to work on their behalf and with power to
bind the principal
Tort - ....ANSWER ...-A civil wrong which causes someone harm
Vicarious Liability - ....ANSWER ...-A form of secondary liability that comes from
the doctrine of respondeat superior--"let the master answer for the servant".
Scope of Employment - ....ANSWER ...-Employee conduct that is reasonably
relative to a job description
Frolic and Detour - ....ANSWER ...-An employee's physical departure from the job
in order to further their own interests and not the employer's
Going and Coming Rule - ....ANSWER ...-A legal principle that removes an
employer's liability from employee's actions going to and from their place of
employment
Dual Purpose Mission - ....ANSWER ...-Occurs when an employee conducts
personal and work business at the same time; subjecting the employer to liability for the
employee's actions
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, An employer can be exposed to liability in tort for the acts or omissions of the employee.
This employment law concept is best known as what? - ....ANSWER ...-Vicarious
Liability
"Let the master answer for the servant" applies to which vicarious liability doctrine? -
....ANSWER ...-Respondent Superior
Independent Contractor - ....ANSWER ...-A worker who is not subject to wage,
discrimination, tax, or liability laws
What are the 3 commonly used tests to determine if a worker is an employee or
independent contractor? - ....ANSWER ...-1. The common law agency test
2. The economic realities test
3. The IRS 20-factor analysis
Common Law Agency Test - ....ANSWER ...-A test that classifies a worker as an
employee if the employer maintains the right to control the method of work performed
Economic Realities Test - ....ANSWER ...-A test that classifies a worker as an
employee if the employee is substantially economically dependent on an employer
20-Factor Analysis - ....ANSWER ...-A guide adopted by the IRS for determining if
a worker should be classified as an independent contractor
USERRA - ....ANSWER ...-Uniformed Services Employment and Reemployment
Rights Act
NLRA - ....ANSWER ...-National Labor Relations Act
ADEA - ....ANSWER ...-Age Discrimination in Employment Act
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