WGU D352 Section 1 Study Guide Exam 94 Questions with
Verified Answers
Describe the difference between mediation and arbitration. - CORRECT ANSWER
List and describe exceptions to employment at will. - CORRECT ANSWER
Exceptions to employment at will include:
*Public Policy Exception
*Implied Contract Exception
*Implied Covenant of Good Faith and Fair Dealing
**in addition to a collective bargaining agreement and the Model Employment
Termination Act.
Four examples of Public Policy - CORRECT ANSWER 1) Refusing to break the law
2) Exercising a legal right
3) Fulfilling a statutory duty
4) Whistleblowing.
Model Employment Termination Act (META) - CORRECT ANSWER an employer
may not terminate employment of an employee without good cause.
Expressed Contracts - CORRECT ANSWER stated in distinct and clear language,
either orally or in writing
,Implied Contracts - CORRECT ANSWER Contracts in which some terms are not
specifically stated, but are understood by the parties based on the nature of the
transaction **BEHAVIOR BASED**
Libel - CORRECT ANSWER written defamation
Slander - CORRECT ANSWER spoken defamation
Defamation - CORRECT ANSWER Act of harming or ruining another's reputation
List the elements necessary for establishing a prima facie case of intentional
infliction of emotional distress. - CORRECT ANSWER 1. Extreme and outrageous
conduct by a defendant.
2. The defendants' intention of causing, or reckless disregard of the likelihood of
causing, emotional distress
3. The plaintiff's suffering of severe emotional distress (and as a direct result of
the defendant's extreme and outrageous conduct.
How could qualified privilege provide a defense for defamation? - CORRECT
ANSWER Qualified privilege must have the absence of malice for defense, ie-
when one person communicates with another who has the legitimate need to
know the information (such as an employee telling a supervisor of another
employee's performance, as long as what the employee is saying is in "good
faith."
, Qualified Privilege - CORRECT ANSWER employers who give references are liable
only for false statements that they know to be false or that are primarily
motivated by ill will
Tortious interference with a contract - CORRECT ANSWER Conduct by one party
that results in another's breaching her contract with a third party.
What are the main elements of tortious interference with contract? - CORRECT
ANSWER A cause of action aimed at a third party who allegedly caused the
plaintiff to be fired or interferes with his/her ability to get a job.
The third party must interfere for an improper reason, ie-animosity toward
plaintiff, and not for a valid business reason in order to beheld responsible for this
tort
tort - CORRECT ANSWER a wrongful act or an infringement of a right (other than
under contract) leading to civil legal liability.
workplace tort - CORRECT ANSWER a civil wrong in which an employer violates a
duty owed to its customers or employees
Retaliatory Demotion - CORRECT ANSWER Reduction in rank, salary, or job title as
a punishment
The elements of the tort are much the same as with a wrongful discharge
If firing the employee would be illegal under the circumstances, the chances are
good that a demotion is equally illegitimate in the eyes of the courts
Verified Answers
Describe the difference between mediation and arbitration. - CORRECT ANSWER
List and describe exceptions to employment at will. - CORRECT ANSWER
Exceptions to employment at will include:
*Public Policy Exception
*Implied Contract Exception
*Implied Covenant of Good Faith and Fair Dealing
**in addition to a collective bargaining agreement and the Model Employment
Termination Act.
Four examples of Public Policy - CORRECT ANSWER 1) Refusing to break the law
2) Exercising a legal right
3) Fulfilling a statutory duty
4) Whistleblowing.
Model Employment Termination Act (META) - CORRECT ANSWER an employer
may not terminate employment of an employee without good cause.
Expressed Contracts - CORRECT ANSWER stated in distinct and clear language,
either orally or in writing
,Implied Contracts - CORRECT ANSWER Contracts in which some terms are not
specifically stated, but are understood by the parties based on the nature of the
transaction **BEHAVIOR BASED**
Libel - CORRECT ANSWER written defamation
Slander - CORRECT ANSWER spoken defamation
Defamation - CORRECT ANSWER Act of harming or ruining another's reputation
List the elements necessary for establishing a prima facie case of intentional
infliction of emotional distress. - CORRECT ANSWER 1. Extreme and outrageous
conduct by a defendant.
2. The defendants' intention of causing, or reckless disregard of the likelihood of
causing, emotional distress
3. The plaintiff's suffering of severe emotional distress (and as a direct result of
the defendant's extreme and outrageous conduct.
How could qualified privilege provide a defense for defamation? - CORRECT
ANSWER Qualified privilege must have the absence of malice for defense, ie-
when one person communicates with another who has the legitimate need to
know the information (such as an employee telling a supervisor of another
employee's performance, as long as what the employee is saying is in "good
faith."
, Qualified Privilege - CORRECT ANSWER employers who give references are liable
only for false statements that they know to be false or that are primarily
motivated by ill will
Tortious interference with a contract - CORRECT ANSWER Conduct by one party
that results in another's breaching her contract with a third party.
What are the main elements of tortious interference with contract? - CORRECT
ANSWER A cause of action aimed at a third party who allegedly caused the
plaintiff to be fired or interferes with his/her ability to get a job.
The third party must interfere for an improper reason, ie-animosity toward
plaintiff, and not for a valid business reason in order to beheld responsible for this
tort
tort - CORRECT ANSWER a wrongful act or an infringement of a right (other than
under contract) leading to civil legal liability.
workplace tort - CORRECT ANSWER a civil wrong in which an employer violates a
duty owed to its customers or employees
Retaliatory Demotion - CORRECT ANSWER Reduction in rank, salary, or job title as
a punishment
The elements of the tort are much the same as with a wrongful discharge
If firing the employee would be illegal under the circumstances, the chances are
good that a demotion is equally illegitimate in the eyes of the courts
