WGU D352 V3 – Detailed Solutions & Questions (A+)
Arbitration Correct Answer - Neutral third party resolves disputes
between parties.
Common Law Correct Answer - Law developed through judicial
decisions over time.
Precedent Correct Answer - the principle that courts should follow
previous case rulings for consistency.
Stare Decisis Correct Answer - "to stand by things decided". When a
court faces a legal argument, if a previous court has ruled on the same or a
closely related issue, then the court will make their decision in alignment with
the previous court's decision. So to use a precedent.
Judicial Review Correct Answer - The power of the Supreme Court to
consider whether a law aligns with the intention of the Constitution is called
Supremacy Clause Correct Answer - Constitution and federal laws
override state laws.
Agency Correct Answer - A contract relationship between a principal
and an agent whereby the principal authorizes the agent to work on his or her
behalf and with power to bind the principal.
Tort Correct Answer - Civil wrong causing loss or harm legally
actionable.
Vicarious Liability Correct Answer - Employer liable for employee's
actions during work.
Respondeat Superior Correct Answer - Employer responsible for
employee actions within scope of employment.
Scope of Employment Correct Answer - Employee conduct related to job
description and duties.
,Frolic and Detour Correct Answer - Employee's personal interests
diverting from job duties.
Going and Coming Rule Correct Answer - Employer not liable for
commuting employee actions.
Dual-Purpose Mission Correct Answer - Employee conducts personal
and work tasks simultaneously.
Independent Contractor Correct Answer - Worker not subject to
employment law protections.
There are three different tests commonly used to determine if a worker is an
employee or independent contractor Correct Answer - The common law
agency test - A test that classifies a worker as an employee if the employer
maintains the right to control the method of work performed.
The economic realities test - A test that classifies a worker as an employee if
the employee is substantially economically dependent on an employer.
The IRS 20-factor analysis - guide consisting of 20 factors that determine
whether a person is a employee or independent contractor
Which members of an organization's leadership are exempt from employee
status? Correct Answer - Partners, corporate officers, directors, and
major shareholders
Integrated Enterprise Correct Answer - concept used to determine
whether separate entities (such as different businesses or branches) should
be treated as a single organization for the purpose of applying certain laws,
such as Title VII of the Civil Rights Act.
List the factors used to determine whether two or more firms are considered
an integrated enterprise. Correct Answer - 1. The degree of interrelation
between operations, such as sharing management services, payroll, and office
space.
2. The degree to which the entities share management, as in having a common
slate of managers, officers, and directors
, 3. The degree of common control of labor relations, as in human resources
administration or personnel policy development.
4. The level of shared ownership.
Joint Employer Correct Answer - when two or more entities not engaged
in an integrated enterprise exert control over an employee, such that each
entity may be considered an employer. Thus each employer is held
responsible for statutory coverage and liability purposes for the employee.
Covered Employment Agency Correct Answer - Agency subject to
employment law regulations. such as Title VII of the Civil Rights Act, the Fair
Labor Standards Act (FLSA), or the Equal Employment Opportunity (EEO)
laws.
Retaliatory Discharge Correct Answer - Firing in response to employee's
protected activity.
Explicit Contract Correct Answer - an agreement written or verbal in
which the parties state exactly what they agree to do
Statute of Frauds Correct Answer - Certain contracts must be in writing
to be enforceable.
Constructive Discharge Correct Answer - Resignation due to employer
allowing intolerable working conditions.
Intentional Interference with a Contract Correct Answer - Third party
pressures employer to terminate an employee.
Intentional Infliction of Emotional Distress Correct Answer - Employer's
reckless actions cause severe emotional harm.
Libel Correct Answer - Defamatory statement made in written form.
Progressive discipline Correct Answer - Performance management tool
designed to modify employee behavior by using a set of increasingly severe
discipline steps, with consequences, that hold the employee responsible.
Arbitration Correct Answer - Neutral third party resolves disputes
between parties.
Common Law Correct Answer - Law developed through judicial
decisions over time.
Precedent Correct Answer - the principle that courts should follow
previous case rulings for consistency.
Stare Decisis Correct Answer - "to stand by things decided". When a
court faces a legal argument, if a previous court has ruled on the same or a
closely related issue, then the court will make their decision in alignment with
the previous court's decision. So to use a precedent.
Judicial Review Correct Answer - The power of the Supreme Court to
consider whether a law aligns with the intention of the Constitution is called
Supremacy Clause Correct Answer - Constitution and federal laws
override state laws.
Agency Correct Answer - A contract relationship between a principal
and an agent whereby the principal authorizes the agent to work on his or her
behalf and with power to bind the principal.
Tort Correct Answer - Civil wrong causing loss or harm legally
actionable.
Vicarious Liability Correct Answer - Employer liable for employee's
actions during work.
Respondeat Superior Correct Answer - Employer responsible for
employee actions within scope of employment.
Scope of Employment Correct Answer - Employee conduct related to job
description and duties.
,Frolic and Detour Correct Answer - Employee's personal interests
diverting from job duties.
Going and Coming Rule Correct Answer - Employer not liable for
commuting employee actions.
Dual-Purpose Mission Correct Answer - Employee conducts personal
and work tasks simultaneously.
Independent Contractor Correct Answer - Worker not subject to
employment law protections.
There are three different tests commonly used to determine if a worker is an
employee or independent contractor Correct Answer - The common law
agency test - A test that classifies a worker as an employee if the employer
maintains the right to control the method of work performed.
The economic realities test - A test that classifies a worker as an employee if
the employee is substantially economically dependent on an employer.
The IRS 20-factor analysis - guide consisting of 20 factors that determine
whether a person is a employee or independent contractor
Which members of an organization's leadership are exempt from employee
status? Correct Answer - Partners, corporate officers, directors, and
major shareholders
Integrated Enterprise Correct Answer - concept used to determine
whether separate entities (such as different businesses or branches) should
be treated as a single organization for the purpose of applying certain laws,
such as Title VII of the Civil Rights Act.
List the factors used to determine whether two or more firms are considered
an integrated enterprise. Correct Answer - 1. The degree of interrelation
between operations, such as sharing management services, payroll, and office
space.
2. The degree to which the entities share management, as in having a common
slate of managers, officers, and directors
, 3. The degree of common control of labor relations, as in human resources
administration or personnel policy development.
4. The level of shared ownership.
Joint Employer Correct Answer - when two or more entities not engaged
in an integrated enterprise exert control over an employee, such that each
entity may be considered an employer. Thus each employer is held
responsible for statutory coverage and liability purposes for the employee.
Covered Employment Agency Correct Answer - Agency subject to
employment law regulations. such as Title VII of the Civil Rights Act, the Fair
Labor Standards Act (FLSA), or the Equal Employment Opportunity (EEO)
laws.
Retaliatory Discharge Correct Answer - Firing in response to employee's
protected activity.
Explicit Contract Correct Answer - an agreement written or verbal in
which the parties state exactly what they agree to do
Statute of Frauds Correct Answer - Certain contracts must be in writing
to be enforceable.
Constructive Discharge Correct Answer - Resignation due to employer
allowing intolerable working conditions.
Intentional Interference with a Contract Correct Answer - Third party
pressures employer to terminate an employee.
Intentional Infliction of Emotional Distress Correct Answer - Employer's
reckless actions cause severe emotional harm.
Libel Correct Answer - Defamatory statement made in written form.
Progressive discipline Correct Answer - Performance management tool
designed to modify employee behavior by using a set of increasingly severe
discipline steps, with consequences, that hold the employee responsible.
