BLAW 2080 Final 2025 Complete Questions and Correct Answers Verified Answers Brand New Version

Employees and independent contractors are treated the same under the law. True or False - -False Employment is very similar to a contractual relationship. True or False - -True Laissez-faire is a socio-economic theory which advocates maximum government control of business. True or False - -False Among the specific goals of the Noble Order of the Knights of Labor were elimination of child labor, equal pay for equal work, and ___ . - -an eight hour day The purpose of picketing is to ___ a labor dispute - -advertise The Americans with Disabilities Act (ADA) passed in 1990 - -Requires organizations with 15 or more employees to provide reasonable accommodation for employees with disabilities. Under Title VII of the 1964 Civil Rights Act, which of the following forms of discrimination is not prohibited? - -Age The Family Medical Leave Act (FMLA) entitles eligible employees to - -up to 12 weeks of unpaid leave without losing his/her job. The state of Texas has placed caps on noneconomic damages in medical malpractice causes of action. This type of limitation on damages is a. a protected interest. b. always a violation of a state constitution. c. an example of tort reform. d. a violation of the U.S. Constitution. - -c. an example of tort reform. Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for a. libel. b. violations of the First Amendment. c. infliction of emotional distress. d. battery. - -c. infliction of emotional distress. BLAW 2080 BLAW 2080 Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate's tooth. Nate may bring a lawsuit against Ethan a. for assault only. b. for battery only. c. for assault and battery. d. only if Nate can prove Ethan's motive. - -c. for assault and battery. Stephanie stands in front of her home with a bullhorn shouting that her new neighbor, Kyle, has just been released from prison for child molestation. Stephanie knows this statement is false. Under what legal theory may Kyle recover damages from Stephanie? a. Appropriation b. Libel c. Slander per se d. Fraud - -c. Slander per se Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for a. defamation. b. appropriation. c. conversion. d. wrongful interference with a business relationship. - -b. appropriation. Adam sells audio and video equipment. He tells a customer, Abbey, "This MP3 player is the best one ever made." Adam's statement is: a. Appropriation b. Puffery c. Fraudulent misrepresentation d. Fact - -b. Puffery The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson's clients immediately stop training with Hanson. Bob is most likely to have committed a. wrongful interference with a business relationship. b. slander. c. no tort. d. conversion. - -a. wrongful interference with a business relationship. Doug obtains permission to be on Nathan's land for one day to hold a four-wheeling event. Doug's truck breaks down, and instead of removing it, he leaves it on Nathan's property for several days after the event. Doug has most likely committed BLAW 2080 BLAW 2080 a. trespass to personal property. b. trespass to land. c. trespass, but he has a complete defense. d. no tort. - -b. trespass to land. Orson takes Harrison's car without Harrison's permission and without just cause. Orson has probably committed the tort of conversion unless he can show that a. Harrison does not really own the car. b. he mistakenly believed he owned the car. c. the car was worth less than $500. d. he returned the car undamaged within 24 hours. - -a. Harrison does not really own the car. Cory opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Cory includes the false statement, "Bling Jewels sells stolen diamonds." Bling experiences an immediate decrease in sales. Cory has most likely committed the tort of a. malice. b. slander of title. c. wrongful interference with a contractual relationship. d. slander of quality - -b. slander of title. Ted is running down the sidewalk at a high rate a speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except: a. breach. b. damages. c. causation. d. duty. - -b. damages. Austin, Texas has passed a local ordinance that provides all motor vehicles must provide at least three feet of clearance when passing a bicycle. Ted is driving his vehicle and accidentally hits Zoey. His actions of violating the local ordinance and hitting Zoey constitute a. negligence. b. assault. c. negligence per se. d. battery. - -c. negligence per se. John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John's illness is outside of Dr. Smith's area of expertise, and the treatment he provides causes permanent damage to John. If John sues Dr. Smith, he can defend himself under a. dram shop acts. BLAW 2080 BLAW 2080 b. Good Samaritan statutes. c. the theory of res ipsa loquitur. d. the "danger invites rescue" doctrine - -b. Good Samaritan statutes. Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of a. negligence per se. b. consent. c. assumption of the risk. d. transferred intent. - -c. assumption of the risk. While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is a. the superseding cause of Ethel's death. b. the proximate cause of Ethel's death. c. the causation in fact, but not the proximate cause, of Ethel's death. d. not the cause of Ethel's death. - -c. the causation in fact, but not the proximate cause, of Ethel's death. Astor Manufacturing stores hazardous and volatile chemicals in its warehouse. The warehouse has state of the art equipment to make sure the chemicals do not explode. An unexpected earthquake shakes the warehouse, causing the chemicals to explode and injure William, a passer-by on a nearby sidewalk. Astor Manufacturing is a. not liable to William because Jason voluntarily assumed the risk of injury. b. liable to William only if the company was grossly negligent. c. not liable to William because it satisfied its duty of care to passers-by. d. strictly liable for William's injuries. - -d. strictly liable for William's injuries. In the context of negligence, failure to live up to a standard of care may be an act or a failure to act. True or False - -True Under tort law, if no harm/injury results from an allegedly negligent act, there is no liability. True or False - -True Under the doctrine of comparative negligence, if the plaintiff is even 1% negligent, the plaintiff's recovery will be eliminated. - -False BLAW 2080 BLAW 2080 Frank slips and falls on Guy's Harbor Tour Boat and is injured. Frank files a suit against Guy's for $500,000. If Frank is 20 percent at fault and Guy's is 80 percent, and the court applies comparative negligence principles, Frank would recover - -$400,000 In a claim for negligence, the plaintiff must prove what 4 elements? a. Duty, Breach, Intent, Damages b. Duty, Breach, Harm, Injury c. Duty, Breach, Causation, Damages d. Duty, Causation, Injury - -c. Duty, Breach, Causation, Damages Millicents is selling old manufacturing equipment. The Plant Manager in charge of selling the equipment knows that the safety mechanism does not work. When a potential buyer asks Millicents' Plant Manager if there are any problems with the equipment, he assures the buyer that there are no problems. The buyer purchases the equipment based on the assurance that there is nothing wrong with it. The buyer may be able to sue Millicents for a. assault b. defamation c. appropriation d. fraudulent misrepresentation - -d. fraudulent misrepresentation Ralphi is injured when he slips and falls on Millicents' sidewalk. To determine whether Millicents owed a duty of care to Ralphi, Millicents is subject to the standard of a a. realistic person b. reasonable person c. reliable person d. rational person - -b. reasonable person In an interview (that is broadcasted verbally on a podcast and written in an on-line blog) for a Fashion Blog, Hazel VP of Marketing at Ax, makes the following statements about Sofie: "Millicents show was lackluster, but it's what we expect with poor talent like Sofie......Sofie clearly faked her way into the position. Her lack of experience and poor performance is really hurting Millicents reputation in the industry. Sofie would have a hard time finding another job in the industry after that show..." Will Sofie be successful if she file a lawsuit against Hazel for Defamation? a. No, Hazel's speech is protected by the First Amendment b. Yes, since Hazel's statements are malicious c. Yes, assuming the statements that Hazel made were untrue d. Yes, assuming the statements that Hazel made were untrue and Sofie sustained damages - -d. Yes, assuming the statements that Hazel made were untrue and Sofie sustained damages BLAW 2080 BLAW 2080 Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for ry c. intentional infliction of emotional distress tions of the First Amendment - -c. intentional infliction of emotional distress Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries because the defendant will claim the defense of a. negligence per se b. assumption of risk c. transferred intent d. consent - -b. assumption of risk Napoleon owns Napoleon's Construction. He agrees to renovate Mrs. Cernan's bathroom. According to Internal Revenue Service (IRS) criteria, Napoleon is likely to be classified as a. an independent contractor. b. a disclosed principal. c. an employee. d. a partially disclosed principal. - -a. an independent contractor. Whitney works at home making unique children's clothes. Liam buys Whitney's clothes to sell in his store. With respect to Whitney's legal relationship to Liam, she is probably a. an employee. b. a principal. c. an independent contractor. d. an agent by operation of law. - -c. an independent contractor. Sam goes out shopping, and using his wife Juanita's credit card, he buys $221.00 worth of groceries. Under agency law, Juanita will probably be deemed a. liable for the purchase, based on the doctrine of respondeat superior. b. liable for the purchase, based on the creation of an agency by operation of law. c. not liable for the purchase, based on Sam's duty of performance. d. not liable for the purchase, based on Sam's lack of a power of attorney. - -b. liable for the purchase, based on the creation of an agency by operation of law. Charlie tells Jamal that Marisol has agreed to allow him to sell her racing bicycle. Marisol is present at the time, hears the conversation, and says nothing. Jamal wants to buy a bicycle like Marisol's, so he agrees with Charlie to buy Marisol's bike. Marisol then BLAW 2080 BLAW 2080 refuses to sell the bicycle. Marisol claims that she is not bound by the agreement formed by Charlie and Jamal because Charlie is not her agent. Marisol is a. not bound by the contract because she did not have an agency agreement with Charlie. b. not bound by the contract because of a rescission. c. bound by the contract, under a theory of agency by operation of law. d. bound by the contract, under a theory of agency by estoppel. - -d. bound by the contract, under a theory of agency by estoppel. Eli and Marilyn ask Gracie to be the administrator of their will and the guardian of their children if they pass away before their children reach the age of majority. Gracie agrees. Fiduciary relationships such as this one a. involve a high degree of trust and confidence. b. are legal only between family members. c. typically exist only between employees in government agencies. d. allow the parties to legally avoid their obligations to one another. - -a. involve a high degree of trust and confidence. Sarah has to move from the East Coast to the West Coast for her job. Elmo agrees to act as Sarah's agent to sell her New York condo. As her agent, Elmo owes Sarah all of the following duties except a. loyalty. b. payment. c. performance. d. notification. - -b. payment. Dara gives her agent, Marla, money to purchase a new commercial oven. Marla takes the money and deposits it into her personal checking account. Marla then accidentally spends some of Dara's money. Marla has violated his duty of a. loyalty. b. payment. c. accounting. d. cooperation. - -c. accounting. Kris represents Josh in the sale of his house as his real estate agent. Kris is entitled to a. compensation. b. loyalty. c. full disclosure. d. confidentiality. - -a. compensation. Selma, an elderly widow, gives her young neighbor, Steven, written power of attorney. This means that Steven now a. has implied authority, but not express