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Law Multiple Choice

A bank representative closes the bank vault at night before going home. Unknown to the bank representative, a customer was inside auditing their safety deposit box with the permission of a bank teller. Everyone goes home and the bank representative forgets to look inside the vault before closing it. The bank vault is closed and the customer is locked inside for 24 hours. When the vault is opened, the bank customer is found and rushed to the hospital due to the lack of oxygen in the vault. The bank customer ultimately recovers from her injuries but has medical bills. The bank customer can now sue the bank (and probably win) under:

a. Negligence;
b. False Imprisonment;
c. Intentional tort;
d. Strict Liability;
e. Breach of Warranty;
f. All of the above
g. Both a & b
h. Both a, b & c
i. None of the above

Jerry applies for a low level, non-management job at US Shoes. He is told that before he is hired he must sign an agreement declaring that he has not, and will not become a union member while working for US Shoes Inc. Such an agreement is:

a. a fair labor practice by the employer
b. legal in right to work states
c. legal if Jerry is an employee-at-will
d. illegal
e. none of the above:

Defamation claims (lawsuits):

a. Can only be filed by individuals as plaintiffs as companies have no "standing to sue" for defamation;
b. Can only be based on some written statement;
c. Can be based on written or oral statements communicated to third parties that cause a plaintiff damages;
e. both a & c
f. None of the above

A person who has complained of discrimination to the proper administrative agency and has received a 'right to sue' letter:

a. The letter was received from the Department of Labor;
b. Can proceed to file a civil lawsuit only if the 'right to sue' letter states that reasonable cause to believe that discrimination has occurred;
c. Can proceed to file a civil lawsuit even if the 'right to sue' letter states there is no reasonable cause to believe that discrimination has occurred;
d. Can be legally retaliated against in the form of being fired by their employer for complaining to the government
e. All of the above
f. None of the above

Sexual Harassment:

a. Is a violation of Title VII;
b. Is a violation of the Equal Pay Act of 1963;
c. Must be proven beyond a reasonable doubt;
d. Will result in automatic employer liability regardless if the actor is a supervisor or co-worker on the same "level";
e. All of the above;
f. Only a & b;
g. Only a, b & c.
h. None of the above.

Sammy is an employee-at-will in a right-to-work state. Sammy is told by his boss that he better "lie to the police" if he is asked about the companies policies/procedures. Sammy is interviewed by the police about the companies policies/procedures during an investigation into the companies' business practices. Sammy tells the truth, in violation of the orders and directives received from his boss who told him to lie. Sammy is fired the next day and the boss states to Sammy, you are fired for not following my directions. Sammy wants to sue his company now:

a. Sammy cannot successfully sue his employer as Sammy is an employee- at-will and can be fired for any reason whatsoever, except discrimination;
b. Sammy can successfully sue his employer since Sammy works in a right-to-work state which guarantees employment to workers;
c. Sammy cannot successfully sue his employer if Sammy signed a confidentiality agreement not to disclose internal company activties;
d. All of the above
e. Both a & b
f. Both a & c
g. Both b & c
h. None of the above

OSHA:

a. Is a federal administrative agency under the US Department of Labor;
b. Is charged with enforcing OSHA;
c. Is charged with making workplaces in the US completely free from all possible hazards;
d. All of the above;
e. Only a & b
f. Only b & c
g. Only a & c
h. None of the above

Which of the following constitutes illegal discrimination under Title VII?:

a. Firing an employee who cannot see;
b. Firing an employee who cannot hear;
c. Firing an employee who is over the age of 40;
d. Firing an employee who is gay;
e. All of the above as Title VII is meant to eliminate discrimination in the workplace.
f. Only a, b & c.
g. Only a & b
h. None of the above

In a complicated contract negotiation to buy/sell a large shopping center, often the parties negotiate and modify multiple drafts of the contract prior to executing the final version of the contact. To make sure that there is no confusion as to the final version's contents, in light of the lengthy pre-contract negotiations, which clause would BEST address this situation and should be included in your final written agreement?

a. "Entire Agreement" clause
b. "Acceleration" clause
c. "Successors/Assigns" clause
d. "Non-Competition" clause
e. "Confidentiality" clause
f. "Force Majeure" clause
g. "Time of Acceptance" clause
h. "Escalation" clause

As to misleading advertisements:

a. The FTC finding of fraud is easier then common law fraud lawsuits by consumers;
b. Common law fraud lawsuits by consumers is easier then an FTC finding of fraud;
c. Both the FTC and consumers who are hurt can file lawsuits against the company that is responsible for misleading advertisements;
d. Both A & C
e. Both B & C
f. None of the above

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