Resources for understanding the law-recurring legal concepts
The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
1: The American legal system is based on a system of using legal precedents. This system follows the principle of:
A)stare decisis.
B)jus soli.
C)ius utendi.
D)habeas corpus.
2:Clarence brought a suit against Joseph in the district court alleging that Joseph did not adhere to the provisions of a contract that they had signed. Here, Clarence is the:
A)bailee.
B)plaintiff.
C)defendant.
D)appellant.
3 : The defendant’s request for the court to rule on plaintiff’s case based on the documents submitted, alleging there are no triable issues of fact to be decided is known as a motion for:
A)directed verdict.
B)judgment notwithstanding the verdict.
C)summary judgment.
D)dismissal judgment.
4: An employment relationship where there is no contractual obligation to remain in the relationship is known as a(n) _____ employment.
A)noncompete
B)good faith
C)yellow-dog
D)at-will
5: Jill is a marketing manager for Beta Co., located in a state recognizing at-will employment as well as its exceptions. Jill cooperates with a police investigation of her supervisor, Sam, who is being charged with the crime of burglary. The next day, Jill is fired for “not being a good team player.” Based on these facts, Jill most likely has a claim for wrongful discharge based on the _____ exception.
A)public policy
B)implied contract
C)doctrine of promissory estoppel
D)implied covenant of good faith
6 : Ann, an employee of Threepwood & Co., has been an employee with an excellent work history. She was to retire from her company on December 1, 2011. The management of her company decided to fire her on November 25, 2011 because they did not want to pay her any retirement benefits. Ann has a claim for wrongful discharge based on the:
A)adverse employment action exception.
B)implied covenant of good faith and fair dealing exception.
C)public policy exception.
D)promissory estoppel exception.
7: Jane is employed as an attorney at a law firm. Her boss frequently touches her in an unwanted sexual manner. Her complaints to the managing partner are ignored and the behavior continues. Jane quits. This is a case of:
A)redundancy.
B)layoff.
C)constructive discharge.
D)retaliatory discharge.
8: Alpha Co. that carries out its operations in Alabama has 200 full-time employees. It plans to close one of its locations in 30 days, which will result in the loss of 50 jobs. Which of the following situations would exempt Alpha Co. from the notice requirement under the Worker Adjustment and Retraining Notification Act?
A)The company is facing financial difficulties due to a financial fraud in which the top management of the company is involved.
B)The company is planning to stop the production of one of its products and divert the resources toward improving the quality of other products.
C)The company is planning to diversify its business in unrelated area.
D)The company is seeking capital and in good faith believes that giving notice will prevent it from obtaining the capital.
9: Phyllis and Michael graduate from the same university with the same grades. They apply for a job in a company. The company decides to hire Phyllis and not Michael because Michael is an African-American. In this case, Michael is a victim of:
A)disparate treatment.
B)sexual harassment.
C)quid pro quo.
D)constructive discharge.
10: A spa hires only women for handing out towels in its women’s locker room. This is a case of:
A)reasonable accommodation.
B)bona fide occupational qualification.
C)disparate treatment.
D)disparate impact.
