Legal final PT 2 Flashcards

1
Q

Certain employment practices appear neutral on their face but nevertheless negatively impact a protected class. this is the nature of:

A

disparate impact discrimination

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2
Q

title VII of the 1964 Civil Rights Act Applies to:

A

Employers with 15 or more employees

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3
Q

unwelcome sexual advances, request for sexual favors or other verbal conduct of sexual nature is illegal based on:

A

sexual harassment

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4
Q

the labor-management reporting & disclosure act of 1959 (Landrum Griffin)

A

s still national labor law

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5
Q

the concept of “fraud under 10b-5 encompasses not only unique statements but also

A

Omissions of material

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6
Q

a “runaway shop” involves.

A

requires the employer to move his plant faculty to another jurisdiction

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7
Q

Ron Rik wanted to make it big in the stock market and believed in taking substantial risks. He took a big risk by purchasing several shares of a worthless corp.

A

the CPA firm is not liable if it can prove that it acted with due diligence in conducting the audit

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8
Q

picketing is lawful when it

A

Does not obstruct customers from entering the employers place of business

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9
Q

which of the following may a union not discipline members for doing?

A

testifying in court against the union

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10
Q

33

A

C

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11
Q

34

A

C) 20 days after it is filed

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12
Q
  1. violaters of the 1933 Securities Act are subject to
A

D) All of the above

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13
Q

corporate “insiders” who buy the stock of the corporation will be liable to the corporation for any profits made persistent to a safe of their stock within

A

6 months

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14
Q

Which of the following are included within the definition of insiders for the purpose of the 10b-5

A

all of the above are considered insiders under 10b-5

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15
Q

the “union shop” is:

A

D) None of the answers are correct

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16
Q

The teamsters Union calls a nationwide strike of tuckers. which of the following acts would require the parties to “cool off” for 80 days before actually striking if it is determined that such a strike would cause a national emergency?

A

Taft- Hartley Act

17
Q

which of the following created the “bill of rights” for union members?

A

Landrum-Griffin Act

18
Q

The securities Registration process requires all of the following information to be provided to prospective investors except:

A

D) All of the above are required

19
Q

a red herring

A

is a preliminary version of a prospectus

20
Q

when the SEC reviews a prospectus for a new stock offering it may not:

A

Rule on the merits of the offering

21
Q

The securities and Exchange commission has the power to:

A

issue a stop to prohibit the sale of securities

22
Q

the SEC allows qualified companies to register certain securities and, instead of selling them all at once, to sell them the offering overtime as needed. This is:

A

Shelf Registration

23
Q

as a rule, when testing of job applicants employers should do which of the following to be within the bounds of the law:

A

test for ability to perform a certain job

24
Q

Charles owns a club whose patrons are mostly African American. he hires only African- Americans to serve drinks and food. li applies to work as a bartender. he is qualified but is turned down. If Charles were to argue that the reason he denied li the job is bc there is a bona fide occupational qualification for this job, which is being african american

A

is wrong, he has illegally discriminated

25
Q

Title VII allows what major defenses to employment discrimination charges?

A

Professionally developed ability test, Seniority or merit systems and BFOQ

26
Q

which of the following situations is most likely to have violated Tilte VII

A

a woman is not hired at an auto parts store because the manager presumes she knows nothing about the parts