MGMT 200 FINAL EXAM QUESTIONS
AND ANSWERS ALL CORRECT
Things companies can do to mitigate, or end, liability in sexual discrimination case- -
Answer-1. Establish clear standards forbidding sexual harassment, which all employees
should sign; PLUS
2. Have a complaint system that allows employees to file grievances + prompt follow-up
Retaliation - Answer-If a person files a lawsuit, or even complains to HR about illegal
harassment, and then suffers an adverse employment action
- AKA employer does something in hopes that you will quit
A plaintiff can proceed with a retaliation lawsuit if they can show- - Answer-1. Plaintiff
was engaged in protected conduct (had a reasonable, good faith belief concerning
making a Title VII complaint)
2. Was subject to an adverse employment action
3. There was a causal connection between the protected conduct and the adverse
action
Age discrimination - Answer-Employment act of 1967 outlaws "arbitrary age
discrimination in employment" of persons over 40
- Applies to businesses with 20 or more employees
- AKA only helps older people
Americans with disabilities act (1990) - Answer-Establishes reasonable accommodation/
undue hardship, employers can't discriminate during hiring process (however, if
disability is obvious, employer may ask about accommodations), employers can ask
about CURRENT drug use
Undue hardship - Answer-The accommodation would cause significant difficulty or
expense in relation to the nature, size, and operating costs of their business
- Depends on size and financial abilities of the employer
- Ex: King County hiring deaf lawyer vs 2-person law firm
Undue hardship lawsuit test- - Answer-1. Plaintiff must prove they are disabled and that
reasonable accommodation is possible
2. Burden shifts to employer to show the accommodation is unreasonable, or would
create an undue hardship
Crime - Answer-A wrong against society
- Most crimes are torts
,- Some crimes can be prosecuted in the state and federally, though this is rare (double
jeopardy)
Punishments for crimes- - Answer-1. Jail/ prison
2. Fines
3. Restitution
4. Registration as a convicted sexual offender
5. Loss of the right to vote/ own a firearm
6. Death (not in Washington state)
Criminal statutes - Answer-Must clearly describe the forbidden conduct, so that people
can conform their conduct to act within the statute (due process)
- If a crime is not clearly defined, it is void for being vague
- Not knowing something is a crime is different than not being able to understand what a
criminal law says
Statute of limitations for various crimes- - Answer-Murder: no time limit
Most felonies: 3 years
Theft by deception: 7 years
Most misdemeanors: 1 or 2 years
A crime occurs when a person- - Answer-1. Does a prohibited act (actus rea); with
2. A specific state of mind* (mens rea)
*In strict liability cases, the government doesn't need to prove the mens rea
Reckless endangerment - Answer-Occurs when someone's actions create a substantial
risk of serious physical injury or death to another person
- Mens rea: the recklessness
- Actus rea: the action that was reckless
Diminished capacity - Answer-A defense that the defendant was delusional (due to
drugs, mental illness, alcohol, etc) and was not able act intentionally
- Defendant would need to produce evidence that would make it harder (or impossible)
for the prosecutor to prove the required mental state (is very hard)
- Ex: Danny Valentine
Scienter - Answer-Acting with knowledge that the act is wrong
- Often times comes into play when someone tricks you into committing a crime on their
behalf
Motive - Answer-Why a person acts
- Proof of motive is only rarely necessary to convict someone of a crime (ex: hate
crimes)
Strict liability crimes - Answer-Just doing the act is a crime, the government doesn't
need to prove a specific mental state
, - Ex: statutory rape (has nothing in the statute about mental state)
Defense to statutory rape- - Answer-1. At the time of the offense the defendant
reasonably believed,
2. Based upon declarations as to aged by the *alleged victim*,
3. That the victim was at least 16, or was less than 48 months younger than the
defendant
Attempt of crime - Answer-Taking a substantial step toward the completion of the crime,
with the intent to complete the crime
- Ex: Aaron Lord, Todd Rogers, and Andre Anthony
- Ex: Dateline NBC 'To Catch a Predator'
- In Washington, attempts are punished at 75% of the completed crime
Tort - Answer-A private wrong (other than a breach of contract), by either intentional or
unintentional conduct, committed by one person, corporation, business entity, or
association (the 'tortfeasor') that injures another person, business entity, corporation,
association, or their property, for which the law allows the legal remedy of monetary
damages designed to put the injured party in the same position s/he would have been
injured
- Torts, alone, DO NOT lead to jail
3 types of torts - Answer-1. Intentional torts: where one person intentionally injures
another
- Frequently, but not always, also a crime
2. Torts based upon negligence: when an entity acts negligently (in a careless manner),
inadvertently causing an injury
- Some may also be crimes
- Ex: negligently cleaning your gun and it fires and kills someone
3. Strict liability torts: certain torts where the fact of injury means that somebody has
done something wrong
- Ex: if you keep a wild animal as a pet, and the animal bites a person, you are 'strictly
liable' for the damages
Class Action Lawsuit - Answer-When multiple injured persons, who are similarly
situated (suffered the same harm), are all plaintiffs in a single lawsuit, rather than filing
hundreds or even thousands of separate suits
- A contract can limit this right
Negligence per se - Answer-An act is considered automatically negligent if it violates a
statue or regulation that was created to prevent a certain type of harm
- Ex: government requires all children's sleepwear to be created with flame-retardant
materials → failure to comply with such requirements = negligence per se
AND ANSWERS ALL CORRECT
Things companies can do to mitigate, or end, liability in sexual discrimination case- -
Answer-1. Establish clear standards forbidding sexual harassment, which all employees
should sign; PLUS
2. Have a complaint system that allows employees to file grievances + prompt follow-up
Retaliation - Answer-If a person files a lawsuit, or even complains to HR about illegal
harassment, and then suffers an adverse employment action
- AKA employer does something in hopes that you will quit
A plaintiff can proceed with a retaliation lawsuit if they can show- - Answer-1. Plaintiff
was engaged in protected conduct (had a reasonable, good faith belief concerning
making a Title VII complaint)
2. Was subject to an adverse employment action
3. There was a causal connection between the protected conduct and the adverse
action
Age discrimination - Answer-Employment act of 1967 outlaws "arbitrary age
discrimination in employment" of persons over 40
- Applies to businesses with 20 or more employees
- AKA only helps older people
Americans with disabilities act (1990) - Answer-Establishes reasonable accommodation/
undue hardship, employers can't discriminate during hiring process (however, if
disability is obvious, employer may ask about accommodations), employers can ask
about CURRENT drug use
Undue hardship - Answer-The accommodation would cause significant difficulty or
expense in relation to the nature, size, and operating costs of their business
- Depends on size and financial abilities of the employer
- Ex: King County hiring deaf lawyer vs 2-person law firm
Undue hardship lawsuit test- - Answer-1. Plaintiff must prove they are disabled and that
reasonable accommodation is possible
2. Burden shifts to employer to show the accommodation is unreasonable, or would
create an undue hardship
Crime - Answer-A wrong against society
- Most crimes are torts
,- Some crimes can be prosecuted in the state and federally, though this is rare (double
jeopardy)
Punishments for crimes- - Answer-1. Jail/ prison
2. Fines
3. Restitution
4. Registration as a convicted sexual offender
5. Loss of the right to vote/ own a firearm
6. Death (not in Washington state)
Criminal statutes - Answer-Must clearly describe the forbidden conduct, so that people
can conform their conduct to act within the statute (due process)
- If a crime is not clearly defined, it is void for being vague
- Not knowing something is a crime is different than not being able to understand what a
criminal law says
Statute of limitations for various crimes- - Answer-Murder: no time limit
Most felonies: 3 years
Theft by deception: 7 years
Most misdemeanors: 1 or 2 years
A crime occurs when a person- - Answer-1. Does a prohibited act (actus rea); with
2. A specific state of mind* (mens rea)
*In strict liability cases, the government doesn't need to prove the mens rea
Reckless endangerment - Answer-Occurs when someone's actions create a substantial
risk of serious physical injury or death to another person
- Mens rea: the recklessness
- Actus rea: the action that was reckless
Diminished capacity - Answer-A defense that the defendant was delusional (due to
drugs, mental illness, alcohol, etc) and was not able act intentionally
- Defendant would need to produce evidence that would make it harder (or impossible)
for the prosecutor to prove the required mental state (is very hard)
- Ex: Danny Valentine
Scienter - Answer-Acting with knowledge that the act is wrong
- Often times comes into play when someone tricks you into committing a crime on their
behalf
Motive - Answer-Why a person acts
- Proof of motive is only rarely necessary to convict someone of a crime (ex: hate
crimes)
Strict liability crimes - Answer-Just doing the act is a crime, the government doesn't
need to prove a specific mental state
, - Ex: statutory rape (has nothing in the statute about mental state)
Defense to statutory rape- - Answer-1. At the time of the offense the defendant
reasonably believed,
2. Based upon declarations as to aged by the *alleged victim*,
3. That the victim was at least 16, or was less than 48 months younger than the
defendant
Attempt of crime - Answer-Taking a substantial step toward the completion of the crime,
with the intent to complete the crime
- Ex: Aaron Lord, Todd Rogers, and Andre Anthony
- Ex: Dateline NBC 'To Catch a Predator'
- In Washington, attempts are punished at 75% of the completed crime
Tort - Answer-A private wrong (other than a breach of contract), by either intentional or
unintentional conduct, committed by one person, corporation, business entity, or
association (the 'tortfeasor') that injures another person, business entity, corporation,
association, or their property, for which the law allows the legal remedy of monetary
damages designed to put the injured party in the same position s/he would have been
injured
- Torts, alone, DO NOT lead to jail
3 types of torts - Answer-1. Intentional torts: where one person intentionally injures
another
- Frequently, but not always, also a crime
2. Torts based upon negligence: when an entity acts negligently (in a careless manner),
inadvertently causing an injury
- Some may also be crimes
- Ex: negligently cleaning your gun and it fires and kills someone
3. Strict liability torts: certain torts where the fact of injury means that somebody has
done something wrong
- Ex: if you keep a wild animal as a pet, and the animal bites a person, you are 'strictly
liable' for the damages
Class Action Lawsuit - Answer-When multiple injured persons, who are similarly
situated (suffered the same harm), are all plaintiffs in a single lawsuit, rather than filing
hundreds or even thousands of separate suits
- A contract can limit this right
Negligence per se - Answer-An act is considered automatically negligent if it violates a
statue or regulation that was created to prevent a certain type of harm
- Ex: government requires all children's sleepwear to be created with flame-retardant
materials → failure to comply with such requirements = negligence per se
