KIN 3800 Mid Term

KIN 3800 Midterm Exam

Directions: Based on your text and class notes, please answer the following questions. Read each question carefully and select the best answer.

1. The most common forms of alternative dispute resolution are arbitration and mediation.
A. True
B. False

2. An appellate court has options in deciding on an appealed case. They can do which of the following?
A. Reverse the lower court’s decision
B. Affirm the lower court’s decision
C. Remand the decision
D. All of the above

3. The United States Supreme Court is very selective about the cases it chooses to hear. Those who wish to take their appeal to the Supreme Court must request
A. A priori
B. Calamus
C. Certiorari
D. Elemonsinarius

4. The body of case law that has developed over time as court decisions have been rendered and relied upon is known as:
A. Common law
B. Canonical law
C. Code of Federal Regulations
D. Social contract

5. **The Washington Supreme Court has reached a decision on a case involving Washington State University dropping their women’s swimming team. The Louisiana Supreme Court is also hearing a similar case involving Louisiana State University. Can the decision in Washington have an impact on the Louisiana case?
A. Yes, because of binding precedent.
B. Yes, because of persuasive precedent.*
C. No, because of concurrent jurisdiction.
D. No, because of common law differences.*

6. What is the study of ethical behavior in terms of the results or consequences of decisions?
A. Teleology
B. Deontology
C. Virtue Ethics
D. Justice and Fairness
7. According to the justice and fairness philosophy of ethics, justice occurs for two reasons:
A. Equality and marriage rights
B. Universal health care and government spending
C. Chaos and poverty
D. Inequality and scarce resources

8. Actions are considered ethically good or correct if they produce a greater balance of good or evil are which ethical philosophy?
A. Act Utilitarianism
B. Kant’s Categorical Imperative
C. Kant’s Practical Imperative
D. Rule Utilitarianism

9. The preliminary test that considers whether an individual would be comfortable with an action if it were to appear on the front page of a national newspaper is
A. The Disclosure Rule
B. The Golden Rule
C. The Sniff Test
D. The Intuition Ethic

10. Stakeholders are defined as groups and organizations that are affected by or can affect a company’s operations. According to class discussion, which of the following would be considered a secondary stakeholder?*
A. Shareholders
B. Government Agencies
C. Creditors/Lenders
D. Employees

11. Brian Soebbing reached an agreement to purchase $7,000 worth of Major League Baseball cards from an avid collector, Patrick Tutka. Both individuals appeared to have the capacity of the negotiations. Is this an admissible contract in a court of law?
A. Yes
B. No

12. Continuing from Question 11, Mr. Soebbing contacted friend and baseball enthusiast Dee Jacobson to appraise the baseball cards before purchasing the items from Mr. Tutka. Ms. Jacobson visited Mr. Tutka’s shop to view the cards. Should the cards be worth the purchase, Mr. Soebbing has informed Ms. Jacobson to enter into negotiations. Under what authority is Dee Jacobson acting?
A. Actual Authority
B. Apparent Authority
C. Active Authority
D. Autonomous Authority

13. Continuing from Question 12, Mr. Tutka was out of the country upon Ms. Jacobson’s visit. Instead, a fellow co-worker, Kwame Agyemang, was in the shop running the business during his departure. Ms. Jacobson worked with Mr. Agyemang during here appraisal of the cards and began negotiations for the purchase. Mr. Agyemang did not inform Ms. Jacobson that he did not have the authority to negotiate the sale of the cards but still entered into the negotiations. Under what authority is Mr. Agyemang acting?
A. Actual Authority
B. Apparent Authority
C. Active Authority
D. Autonomous Authority

14. If an employer terminates an employment contract after an employee has breached that contract by engaging in behavior that violates the standards of job performance, this is called a __________.
A. Just cause termination
B. Violation of authority
C. Punitive termination
D. Without cause termination

15. Which of the following is the practice in which employment has no specified duration and the employer may fire the employee at any time, for any reason or for no reason?
A. An illegal employment practice
B. Employment at will
C. Inequitable employment
D. Employment ambiguity

16. Chad Seifried is a male fitness instructor that has applied to work for a local women-only fitness club. After interviewing with the club, Chad did not receive the job. He later learned that the job was given to a female with slightly less experience. He felt that he was discriminated against by the club due to his gender. Chad decided to sue the club; however, the club says that is justified through the bona fide occupational qualification defense provided in Title VII. Which party would win in litigation?
A. Chad Seifried*
B. The women’s fitness club

17. Student-athletes who are sexually harassed by their coach may bring a lawsuit under which of the following?
A. Title VII
B. The Americans with Disabilities Act
C. Title IX
D. None of the above

18. According to the McDonnell Douglas analysis in harassment cases, the burden of proof to establish a prima facie case of discrimination is on the defendant.
A. True
B. False

19. If the government purposefully deprives someone of a fundamental right guaranteed to all citizens, such as the right to vote or right to travel freely among states, an individual can challenge the government through the Equal Protection Clause found in the Fourteenth Amendment.
A. True
B. False

20. Sarah is an associate for the New Orleans Badgers, a minor league basketball team. Her supervisor, Jake, conducted her annual performance review. During the review, Jake informed Sarah that she was doing a fantastic job at her position but could not give her a promotion. Upon hearing the news, Sarah asked Jake what she needs to do in order move up in the front office. Jake pondered this question and told her of a sure fire way to receive a promotion. Jake made overtures towards sexual favors such as “taking one for the team”. Sarah felt uncomfortable with this situation and feels that she is being sexually harassed. Is Sarah correct on her assessment?
A. Yes, this is quid pro quo harassment.
B. Yes, this is a hostile work environment
C. Yes, this is a sexual imposition
D. No, there is no sexual harassment.

21. In order for a discrimination case to utilize the intermediate scrutiny test under the Equal Protection Clause, a plaintiff must be a part of which of the following classifications:
A. Race
B. Ethnicity
C. Legitimacy of birth
D. Any group singled out for differential treatment

22. The Free Exercise Clause protects the fundamental right to the free exercise of religious beliefs even if they cause harm to society.
A. True
B. False

23. The Establishment Clause prohibits the government from promoting a specific religion except Atheism since it is non-religious.
A. True
B. False

24. The United States Congress “shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” This is from what amendment?
A. I
B. IV
C. XIV
D. IX

25. Adam Pfleegor is an All-Star Hockey player in the East Coast Hockey League for the New York Power Rangers. However, he recently learned that he contracted the HIV virus. Upon hearing the news, the Power Rangers decided to terminate Adam’s contract. Adam sued the Power Rangers for discrimination. Which of the following acts would Adam use to win in court?
A. Title VII
B. Fourteenth Amendment
C. Americans with Disabilities Act
D. Title IX

26. Which of the following are the two theories of liability for employment discrimination under Title VII?
A. Disparate ability and disparate treatment
B. Disparate treatment and disparate impact
C. Injunctive relief and pretext
D. Inference and pretext

27. The McDonnell Douglas burden-shifting test is the analytical framework for deciding employment-discrimination lawsuits under which of the following?
A. Title VII
B. ADEA
C. ADA
D. All of the above

28. Under Title VII, discrimination on the basis of religion is treated differently from the other protected classes in that:
A. An employer must provide a reasonable accommodation for religion
B. Religion is a suspect class
C. "Religion is a choice, unlike race or sex"
D. Religion is not covered by Title VII

29. White-collar exemptions from FLSA apply to any person working in an management position.
A. True
B. False

30. When a government employee is fired for engaging in free speech activity, the court will balance the interests of the employer in efficiently providing its services against whether the speech involved a _____.
A. Dress code
B. Matter of public concern
C. Nuisance
D. Harassment issue

31. According to the FLSA, the maximum working hours per week and minimum wage currently established in the United States is:
A. 44 hours; $6.50 per hour
B. 42 hours; $5.85 per hour
C. 40 hours; $7.00 per hour
D. 40 hours; $7.25 per hour

32. The essential elements of a workers’ compensation claim require that a compensable injury must have occurred, the injury must arise out of employment, and:
A. The injury was accidental
B. The injury was severe
C. The injury was not the fault of the employee
D. The injury was intentionally inflicted

33. The ability for management to negotiate a drug testing policy is a mandatory subject that management has a duty to engage in for collective bargaining agreements.
A. True.
B. False

34. Which of the following is not a right granted by the National Labor Relations Act?
A. The right to not join or assist a union
B. The right to engage in collective bargaining through representative of one’s own choosing
C. The right to engage in concerted activity for one’s own mutual aid and protection
D. The right to join or assist unions

35. The right to engage in concerted activity set forth in the NRLA does not give employees the right to
A. Block entrances to an employer’s place of operation
B. Strike
C. Work slow downs
D. None of the above

36. Rights arbitration is utilized for disputes over the interpretation or application of a contract.
A. True
B. False
37. When Major League Baseball teams get involved in salary disputes with players, an arbitration hearing is conducted. Each party has the ability to produce an offer and the arbitrator has the ability to choose either offer or an amount between the two.
A. True
B. False

38. Which of the following disorders was Casey Martin afflicted with since birth?
A. Amyotrophic Lateral Sclerosis
B. Chronic Demyelinating Neuropathy
C. Idiopathic Parkinsonism
D. Klippel Trenaunay Weber Syndrome

39. Which of the following sections of the Americans with Disabilities Act of 1990 was considered in PGA Tour, Inc. v. Martin?
A. Title I
B. Title II
C. Title III
D. Title IV

40. In the U.S. Supreme Court case PGA Tour, Inc. v. Martin, what was the final ruling?
A. Affirmed lower court case
B. Remanded back to lower court
C. Reversed lower court case
D. None of the above

Bonus Questions
The following questions are based on either cases we have discussed in class or based on general law knowledge. All questions are worth 1 point for a total of 5 points.

1. What was the Supreme Court decision for PGA Tour, Inc. v. Martin in terms of judge count that ruled in favor and opposed?

2. Name the current Chief Justice of the Supreme Court of the United States.

3. In Stanley v. USC, what sport did Marianne Stanley coach at the University of Southern California?

4. In Morris v. Wallace Community College-Selma, what position did Karen Jones Morris want to be assigned at Wallace Community College?

5. In Cameli v. O’Neal, which law(s) did Samuel Cameli sue under?