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
Title VII allows what major defenses to employment discrimination charges?
Professionally developed ability test, Seniority or merit systems and BFOQ
26
which of the following situations is most likely to have violated Tilte VII
a woman is not hired at an auto parts store because the manager presumes she knows nothing about the parts