,DOWNLOAD THE Test Bank for Employment Law for Business 9th Edition
Bennett-Alexander
Employment Law for Business, 9e (Bennett)
Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law and
Recurring Legal Concepts
1) An appellee is a person who appealed a legal case to the court of appeals.
Answer: FALSE
Explanation: At the court of appeals level, the person who appealed a legal case to the court of
appeals is known as the appellant and the other party is known as the appellee. At the Supreme
Court level they are known as the petitioner and the respondent.
Difficulty: 1 Easy
Topic: Guide to Reading Cases
Learning Objective: 02-01 Understand how to read and digest legal cases and citations.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
2) A defendant in a legal case will make a motion to dismiss when he or she thinks there is
enough evidence to constitute a violation of law.
Answer: FALSE
Explanation: If a defendant makes a motion to dismiss, the court will decide that issue and say
either that the motion to dismiss is granted or that it is denied. A defendant will make a motion to
dismiss when he or she thinks there is not enough evidence to constitute a violation of law.
Difficulty: 1 Easy
Topic: Guide to Reading Cases
Learning Objective: 02-01 Understand how to read and digest legal cases and citations.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
3) At the federal level, a trial court is called a U.S. Circuit Court.
Answer: FALSE
Explanation: At the federal level, a trial court is called a U.S. District Court. A U.S. Circuit
Court is a federal court of appeals.
Difficulty: 1 Easy
Topic: Stare Decisis and Precedent
Learning Objective: 02-02 Explain and distinguish the concepts of stare decisis and precedent.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
1
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,DOWNLOAD THE Test Bank for Employment Law for Business 9th Edition
Bennett-Alexander
4) The American legal system is based on stare decisis, a system of using legal precedent.
Answer: TRUE
Explanation: The American legal system is based on stare decisis, a system of using legal
precedent. Once a judge renders a decision in a case, the decision is generally written and placed
in a law reporter and must be followed in that jurisdiction when other similar cases arise.
Difficulty: 1 Easy
Topic: Guide to Reading Cases
Learning Objective: 02-02 Explain and distinguish the concepts of stare decisis and precedent.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
5) A district court must follow the decision of a circuit court of appeals in a neighboring jurisdiction.
Answer: FALSE
Explanation: A district court is not required to follow the decision of a court of appeals in a
neighboring jurisdiction. When considering a novel issue, a district court may look at how it was
handled in the neighboring jurisdiction, but it can choose to follow or not to follow the approach
used by that court.
Difficulty: 1 Easy
Topic: Stare Decisis and Precedent
Learning Objective: 02-02 Explain and distinguish the concepts of stare decisis and precedent.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
6) Hannah was fired by Friendly Catering Company (FCC) without a valid reason. The
company's employee handbook stated that employees would only be terminated for good cause.
Hannah's job position was later filled by her former supervisor's niece. In this scenario, Hannah
cannot file a wrongful discharge lawsuit against FCC because she is an at-will employee.
Answer: FALSE
Explanation: Hannah can file a wrongful discharge lawsuit against Friendly Catering Company.
If there is no express agreement or contract to the contrary, employment is considered to be at-
will; that is, either the employer or the employee may terminate the relationship at her or his
discretion. Nevertheless, even where a discharge involves no statutory discrimination, breach of
contract, or traditional exception to the at-will doctrine, the termination may still be considered
wrongful and the employer may be liable for "wrongful discharge," "wrongful termination," or
"unjust dismissal."
Difficulty: 2 Medium
Topic: Employment-At-Will Concepts
Learning Objective: 02-04 Determine if an at-will employee has sufficient basis for wrongful
discharge.
Bloom's: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
2
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, DOWNLOAD THE Test Bank for Employment Law for Business 9th Edition
Bennett-Alexander
7) In a disparate treatment case, the plaintiff must be able to demonstrate that the employer had
an "evil" intent to discriminate.
Answer: FALSE
Explanation: Disparate treatment is considered intentional discrimination. However, the
employee need not prove that the employer actually said that race, gender, and so on was the
reason for the decision. In disparate treatment cases, the employer's policy is discriminatory on
its face, such as a policy of only hiring men to work in a warehouse facility. Keep in mind that it
is not the employer's subjective intent that is important. There need not be evil intent to
discriminate. Claimant must simply be able to be show that the difference in treatment occurred
and had no sustainable justification, leaving a prohibited category as the only remaining
conclusion.
Difficulty: 1 Easy
Topic: Disparate treatment cases
Learning Objective: 02-06 Distinguish between disparate impact and disparate treatment
discrimination claims.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
8) The U.S. Supreme Court only hears appeals from the circuit courts.
Answer: FALSE
Explanation: The U.S. Supreme Court has original jurisdiction over certain types of cases, but
most of its decisions are generally appeals from the circuit court alleging legal error committed
by the circuit court and are heard by all (usually 9) justices of the court. Supreme Court decisions
are written by one judge, with other judges either joining in the opinion if they concur, or
dissenting if they do not. U.S. Supreme Court decisions apply to all courts in the country.
Difficulty: 2 Medium
Topic: Understanding the case information
Learning Objective: 02-01 Understand how to read and digest legal cases and citations.
Bloom's: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
3
Copyright ©2019 McGraw-Hill
mynursytest.store
Bennett-Alexander
Employment Law for Business, 9e (Bennett)
Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law and
Recurring Legal Concepts
1) An appellee is a person who appealed a legal case to the court of appeals.
Answer: FALSE
Explanation: At the court of appeals level, the person who appealed a legal case to the court of
appeals is known as the appellant and the other party is known as the appellee. At the Supreme
Court level they are known as the petitioner and the respondent.
Difficulty: 1 Easy
Topic: Guide to Reading Cases
Learning Objective: 02-01 Understand how to read and digest legal cases and citations.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
2) A defendant in a legal case will make a motion to dismiss when he or she thinks there is
enough evidence to constitute a violation of law.
Answer: FALSE
Explanation: If a defendant makes a motion to dismiss, the court will decide that issue and say
either that the motion to dismiss is granted or that it is denied. A defendant will make a motion to
dismiss when he or she thinks there is not enough evidence to constitute a violation of law.
Difficulty: 1 Easy
Topic: Guide to Reading Cases
Learning Objective: 02-01 Understand how to read and digest legal cases and citations.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
3) At the federal level, a trial court is called a U.S. Circuit Court.
Answer: FALSE
Explanation: At the federal level, a trial court is called a U.S. District Court. A U.S. Circuit
Court is a federal court of appeals.
Difficulty: 1 Easy
Topic: Stare Decisis and Precedent
Learning Objective: 02-02 Explain and distinguish the concepts of stare decisis and precedent.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
1
Copyright ©2019 McGraw-Hill
mynursytest.store
,DOWNLOAD THE Test Bank for Employment Law for Business 9th Edition
Bennett-Alexander
4) The American legal system is based on stare decisis, a system of using legal precedent.
Answer: TRUE
Explanation: The American legal system is based on stare decisis, a system of using legal
precedent. Once a judge renders a decision in a case, the decision is generally written and placed
in a law reporter and must be followed in that jurisdiction when other similar cases arise.
Difficulty: 1 Easy
Topic: Guide to Reading Cases
Learning Objective: 02-02 Explain and distinguish the concepts of stare decisis and precedent.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
5) A district court must follow the decision of a circuit court of appeals in a neighboring jurisdiction.
Answer: FALSE
Explanation: A district court is not required to follow the decision of a court of appeals in a
neighboring jurisdiction. When considering a novel issue, a district court may look at how it was
handled in the neighboring jurisdiction, but it can choose to follow or not to follow the approach
used by that court.
Difficulty: 1 Easy
Topic: Stare Decisis and Precedent
Learning Objective: 02-02 Explain and distinguish the concepts of stare decisis and precedent.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
6) Hannah was fired by Friendly Catering Company (FCC) without a valid reason. The
company's employee handbook stated that employees would only be terminated for good cause.
Hannah's job position was later filled by her former supervisor's niece. In this scenario, Hannah
cannot file a wrongful discharge lawsuit against FCC because she is an at-will employee.
Answer: FALSE
Explanation: Hannah can file a wrongful discharge lawsuit against Friendly Catering Company.
If there is no express agreement or contract to the contrary, employment is considered to be at-
will; that is, either the employer or the employee may terminate the relationship at her or his
discretion. Nevertheless, even where a discharge involves no statutory discrimination, breach of
contract, or traditional exception to the at-will doctrine, the termination may still be considered
wrongful and the employer may be liable for "wrongful discharge," "wrongful termination," or
"unjust dismissal."
Difficulty: 2 Medium
Topic: Employment-At-Will Concepts
Learning Objective: 02-04 Determine if an at-will employee has sufficient basis for wrongful
discharge.
Bloom's: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
2
Copyright ©2019 McGraw-Hill
mynursytest.store
, DOWNLOAD THE Test Bank for Employment Law for Business 9th Edition
Bennett-Alexander
7) In a disparate treatment case, the plaintiff must be able to demonstrate that the employer had
an "evil" intent to discriminate.
Answer: FALSE
Explanation: Disparate treatment is considered intentional discrimination. However, the
employee need not prove that the employer actually said that race, gender, and so on was the
reason for the decision. In disparate treatment cases, the employer's policy is discriminatory on
its face, such as a policy of only hiring men to work in a warehouse facility. Keep in mind that it
is not the employer's subjective intent that is important. There need not be evil intent to
discriminate. Claimant must simply be able to be show that the difference in treatment occurred
and had no sustainable justification, leaving a prohibited category as the only remaining
conclusion.
Difficulty: 1 Easy
Topic: Disparate treatment cases
Learning Objective: 02-06 Distinguish between disparate impact and disparate treatment
discrimination claims.
Bloom's: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
8) The U.S. Supreme Court only hears appeals from the circuit courts.
Answer: FALSE
Explanation: The U.S. Supreme Court has original jurisdiction over certain types of cases, but
most of its decisions are generally appeals from the circuit court alleging legal error committed
by the circuit court and are heard by all (usually 9) justices of the court. Supreme Court decisions
are written by one judge, with other judges either joining in the opinion if they concur, or
dissenting if they do not. U.S. Supreme Court decisions apply to all courts in the country.
Difficulty: 2 Medium
Topic: Understanding the case information
Learning Objective: 02-01 Understand how to read and digest legal cases and citations.
Bloom's: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
3
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