LEB exam 3 Questions and Answers
Q: Antonio and Fred are playing soccer when Fred accidentally kicks
Antonio's shin. Antonio is seriously injured and is unable to play for at
least six months. If Antonio sues Fred, which of the following defenses is
Fred most likely to use?
✓✓ Assumption of Risk
Q: Neil has admired Allison all semester, but he has never talked to her.
One day, Neil walks up to Allison after class and gives her a hug. Allison is
angry and decides to sue Neil. Allison would sue Neil for the tort of
__________.
✓✓ battery
Q: Larry sells a truck to Tim. He does not mention to Tim that the truck
has a faulty engine. The truck breaks down after a week. Tim has to
replace the engine, which costs him $2,000. In this case, Tim can sue
Larry for the tort of __________.
✓✓ fraud
Q: Jack injures his ankle and is taken to a hospital. Airi, a doctor, applies
a cast to Jack's injured ankle. Airi warns Jack not to exert pressure on his
injured leg until the cast is removed. Jack ignores Airi's advice and injures
his leg again while playing basketball in the cast. Jack files a malpractice
suit against Airi claiming that she did not set the cast properly. Which of
the following defenses is Airi most likely to use in this scenario?
✓✓ Contributory negligence
,Q: John rented a DVD from an online service but, instead of returning it,
he lent it to Sam who accidentally lost it. In this case, John committed the
tort of __________.
✓✓ conversion
Q: T/F?
The articles of incorporation usually include details about the number of
authorized shares and the initial corporate officials.
✓✓ true
Q: who may be involved in the control or operations of a limited
partnership?
✓✓ only the general partners
Q: A qualification that permits discriminatory practices in employment if
a person's religion, sex, or national origin is reasonably related to the
normal operation of a particular business.
✓✓ Bona fide occupational qualification (BFOQ)
Q: T/F?
Some state and local anti-discrimination laws explicitly prohibit
employment discrimination based on weight or height.
✓✓ True
Q: Under Title VII, for an employer or workplace supervisor to promise
benefits or threaten loss if an employee does not give sexual favors.
✓✓ sexual harassment
, Q: Under Title VII, an environment where co-workers make offensive
sexual comments or propositions, engage in suggestive touching, show
nude pictures, or draw sexual graffiti
✓✓ Hostile work environment
Q: T/F?
One advantage of Section 1981 of the Civil Rights Act of 1866 is that it
allows courts to award unlimited compensatory and punitive damages
✓✓ True
Q: Title VII of the Civil Rights Act of 1964 prohibits job discrimination on
the basis of race, religion, sex, national origin, or _______.
✓✓ color
Q: Maria files a charge of discrimination claiming that Eric does not give
promotions to Hispanic employees based solely on their national origin.
Eric then terminates Maria's employment. Eric's immediate act of
termination is an example of _______.
✓✓ retaliation
Q: A term of employment litigation that refers to the disproportionate
impact of a policy neutral on its face on some protected class (e.g., race or
sex).
✓✓ Disparate impact
Q: An affirmative defense under Title VII of the Civil Rights Act. It is
raised to disparate impact claims and asserts that a facially neutral but
discriminatory policy is job related.
Q: Antonio and Fred are playing soccer when Fred accidentally kicks
Antonio's shin. Antonio is seriously injured and is unable to play for at
least six months. If Antonio sues Fred, which of the following defenses is
Fred most likely to use?
✓✓ Assumption of Risk
Q: Neil has admired Allison all semester, but he has never talked to her.
One day, Neil walks up to Allison after class and gives her a hug. Allison is
angry and decides to sue Neil. Allison would sue Neil for the tort of
__________.
✓✓ battery
Q: Larry sells a truck to Tim. He does not mention to Tim that the truck
has a faulty engine. The truck breaks down after a week. Tim has to
replace the engine, which costs him $2,000. In this case, Tim can sue
Larry for the tort of __________.
✓✓ fraud
Q: Jack injures his ankle and is taken to a hospital. Airi, a doctor, applies
a cast to Jack's injured ankle. Airi warns Jack not to exert pressure on his
injured leg until the cast is removed. Jack ignores Airi's advice and injures
his leg again while playing basketball in the cast. Jack files a malpractice
suit against Airi claiming that she did not set the cast properly. Which of
the following defenses is Airi most likely to use in this scenario?
✓✓ Contributory negligence
,Q: John rented a DVD from an online service but, instead of returning it,
he lent it to Sam who accidentally lost it. In this case, John committed the
tort of __________.
✓✓ conversion
Q: T/F?
The articles of incorporation usually include details about the number of
authorized shares and the initial corporate officials.
✓✓ true
Q: who may be involved in the control or operations of a limited
partnership?
✓✓ only the general partners
Q: A qualification that permits discriminatory practices in employment if
a person's religion, sex, or national origin is reasonably related to the
normal operation of a particular business.
✓✓ Bona fide occupational qualification (BFOQ)
Q: T/F?
Some state and local anti-discrimination laws explicitly prohibit
employment discrimination based on weight or height.
✓✓ True
Q: Under Title VII, for an employer or workplace supervisor to promise
benefits or threaten loss if an employee does not give sexual favors.
✓✓ sexual harassment
, Q: Under Title VII, an environment where co-workers make offensive
sexual comments or propositions, engage in suggestive touching, show
nude pictures, or draw sexual graffiti
✓✓ Hostile work environment
Q: T/F?
One advantage of Section 1981 of the Civil Rights Act of 1866 is that it
allows courts to award unlimited compensatory and punitive damages
✓✓ True
Q: Title VII of the Civil Rights Act of 1964 prohibits job discrimination on
the basis of race, religion, sex, national origin, or _______.
✓✓ color
Q: Maria files a charge of discrimination claiming that Eric does not give
promotions to Hispanic employees based solely on their national origin.
Eric then terminates Maria's employment. Eric's immediate act of
termination is an example of _______.
✓✓ retaliation
Q: A term of employment litigation that refers to the disproportionate
impact of a policy neutral on its face on some protected class (e.g., race or
sex).
✓✓ Disparate impact
Q: An affirmative defense under Title VII of the Civil Rights Act. It is
raised to disparate impact claims and asserts that a facially neutral but
discriminatory policy is job related.
