Chapter 3: The Legal Environment Flashcards
Most civil court cases are heard by the:
a. U.S. Court of Appeals.
b. Alternative dispute resolution mediators.
c. State courts.
d. Administrative courts.
State courts
(T/F) The Age Discrimination Employment Act protects employees and potential employees over the age of 35.
False (age of 40)
According to a Supreme Court ruling, executive orders may only __________; they may not __________.
clarify or enforce; make laws
(T/F) Exemptions to the Fair Labor Standards Act’s rules about overtime pay and minimum wage are made for employees in the computer industry.
True
“Employment-at-will” applies:
a. only in the few states that legally recognize it, such as Vermont .
b. when there is no employment contract that provides some form of guarantee of continued employment.
c. only as long as the employer gives two weeks’ notice before termination.
d. in all cases, because it supersedes other kinds of agreements.
b. when there is no employment contract that provides some form of guarantee of continued employment.
Which method for determining whether a worker is an employee states that an employment relationship exists if the worker depends economically on the firm?
a. The Economic Realities test
b. The Common Law test
c. The Liberty Apaprel test
d. A Hybrid test
a. The Economic Realities test
What is one reason the process of seeking resolution to an employment dispute is transparent?
a. The judicial system is made up of a variety of autonomous courts.
b. Lower courts are generally bound by rulings of higher courts within the same region.
c. Employment disputes are not taken as seriously as other types of lawsuits by the judicial system.
d. Employment law is handled by a single court system, so there are no checks and balances.
b. Lower courts are generally bound by rulings of higher courts within the same region.
An employer’s policy that does not directly discriminate against a group but that still has a discriminatory effect creates:
a. A quid pro quo environment
b. A hostile work environment
c. A disparate treatment
d. A disparate impact
d. A disparate impact
Which of the following can be considered the judicial system’s cornerstone?
a. The legislative branch
b. Statue
c. Executive orders
d. Precedent
d. Precedent
Which of the following is an exception to employment-at-will?
a. An employee may not be fired for making a complaint about an employer’s health or safety violation.
b. An employee may not be fired for participating in legitimate activities of collective bargaining.
c. An employee may not be fired for being in the United States illegally.
d. An employee may not be fired for refusing to take a lie-detector test.
c. An employee may not be fired for being in the United States illegally.
