LAW 531 Final Exam
1. What defense can an employer use to a charge of sexual harassment?
• The harassed employee was not made aware of the company's antiharassment policies.
• The harassed employee took advantage of the preventive measures provided by the company but still could not avoid being harassed.
• The employer does not have any complaint mechanisms for employees who are harassed.
• The employer used reasonable care to prevent and correct the sexually harassing behavior.
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2. Choose the correct statement about the Environmental Protection Agency (EPA).
• It is exclusively created to ...view middle of the document...
The employee makes these remarks even though he knows that they are completely false. Jane, who has been contemplating between Teledor and Comunika, is influenced by what she hears and purchases a Teledor phone. What kind of intentional tort should be used against Teledor in this scenario?
• Malicious prosecution
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6. Identify an accurate statement about res ipsa loquitur, a special negligence doctrine.
• It applies to cases in which injuries that occurred were not foreseeable.
• It applies to cases in which the plaintiff also contributed to the negligence.
• It applies to cases in which it can be assumed that the defendant was in control of the situation in which the injuries occurred.
• It requires the plaintiff to demonstrate how exactly the situation arose out of the negligence of the plaintiff.
7. Identify an accurate statement about the doctrine of comparative negligence.
• A person who is partially responsible for causing his or her own injuries cannot file a suit against the other party who partly caused the injuries.
• A plaintiff who is partially responsible for causing his or her own injuries cannot recover damages from the defendant.
• A plaintiff who is partially responsible for causing his or her own injuries can recover a proportion of the damages from the defendant.
• A plaintiff who is partially responsible for causing his or her own injuries can recover all the damages from the defendant.
8. What is true about the applicability of strict liability?
• It cannot be applied to products that are defectively manufactured.
• It can be applied to sellers who fail to warn of generally known dangers.
• It can be applied to products that are defectively packaged.
• It cannot be applied to products that were not supported by sufficient instructions.
9. Which statement best describes an injunction as an equitable remedy?
• It requires a breaching party to pay damages to the injured party for both actual and foreseeable losses.
• It orders a breaching party to perform the acts promised in a contract.
• It prohibits a party from performing a particular act that may cause injury to another party.
• It allows a court to change the terms of a contract to make them true to the parties' intentions.
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10. Identify the true statement in the context of a franchise arrangement.
• The franchisee can sell the franchisor's products but can never manufacture them.
• The franchisor licenses the franchisee to use the former's trademarks.
• The franchisee can manufacture the franchisor's products but can never distribute them directly to consumers.
• The franchisor is essentially the owner of the franchisee.
11. Identify an...