1
LEB exam 3 Questions and Correct
Answers
Question: Assumption of Risk
Answer: 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?
Question: battery
Answer: 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 __________.
Question: fraud
Answer: 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 __________.
Question: Contributory negligence
Answer: 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?
Question: conversion
Answer: 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 __________.
Pretest - Stuvia US
,2
Question: true
Answer: T/F?
The articles of incorporation usually include details about the number of
authorized shares and the initial corporate officials.
Question: only the general partners
Answer: who may be involved in the control or operations of a limited
partnership?
Question: Bona fide occupational qualification (BFOQ)
Answer: 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.
Question: True
Answer: T/F?
Some state and local anti-discrimination laws explicitly prohibit
employment discrimination based on weight or height.
Question: sexual harassment
Answer: Under Title VII, for an employer or workplace supervisor to
promise benefits or threaten loss if an employee does not give sexual
favors.
Question: Hostile work environment
Answer: 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
Question: True
Answer: 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
Pretest - Stuvia US
, 3
Question: color
Answer: Title VII of the Civil Rights Act of 1964 prohibits job
discrimination on the basis of race, religion, sex, national origin, or
_______.
Question: retaliation
Answer: 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 _______.
Question: Disparate impact
Answer: 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).
Question: Business necessity defense
Answer: 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.
Question: retaliation
Answer: Striking back against someone for what they did to you. Used in
labor law, employment discrimination cases, and whistle-blowing as part
of a doctrine prohibiting an employer from firing or taking other adverse
actions against employees for reporting the employer to federal agencies
for violating various laws.
Question: Pregnancy Discrimination Act
Answer: According to _______, employers with health or disability plans
must cover pregnancy, childbirth, and related medical conditions in the
same manner as other conditions are covered.
Question: affrimative action
Pretest - Stuvia US
LEB exam 3 Questions and Correct
Answers
Question: Assumption of Risk
Answer: 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?
Question: battery
Answer: 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 __________.
Question: fraud
Answer: 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 __________.
Question: Contributory negligence
Answer: 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?
Question: conversion
Answer: 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 __________.
Pretest - Stuvia US
,2
Question: true
Answer: T/F?
The articles of incorporation usually include details about the number of
authorized shares and the initial corporate officials.
Question: only the general partners
Answer: who may be involved in the control or operations of a limited
partnership?
Question: Bona fide occupational qualification (BFOQ)
Answer: 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.
Question: True
Answer: T/F?
Some state and local anti-discrimination laws explicitly prohibit
employment discrimination based on weight or height.
Question: sexual harassment
Answer: Under Title VII, for an employer or workplace supervisor to
promise benefits or threaten loss if an employee does not give sexual
favors.
Question: Hostile work environment
Answer: 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
Question: True
Answer: 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
Pretest - Stuvia US
, 3
Question: color
Answer: Title VII of the Civil Rights Act of 1964 prohibits job
discrimination on the basis of race, religion, sex, national origin, or
_______.
Question: retaliation
Answer: 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 _______.
Question: Disparate impact
Answer: 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).
Question: Business necessity defense
Answer: 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.
Question: retaliation
Answer: Striking back against someone for what they did to you. Used in
labor law, employment discrimination cases, and whistle-blowing as part
of a doctrine prohibiting an employer from firing or taking other adverse
actions against employees for reporting the employer to federal agencies
for violating various laws.
Question: Pregnancy Discrimination Act
Answer: According to _______, employers with health or disability plans
must cover pregnancy, childbirth, and related medical conditions in the
same manner as other conditions are covered.
Question: affrimative action
Pretest - Stuvia US
