Part One – Scenarios-short answers.
Grading: 5 points for each question.
1) If an employee voluntarily quits his job, may the employee collect unemployment compensation? Suppose Hector is ordered by his boss to commit an illegal act—dumping toxic wastes into a river. Hector instead quits his job. Can Hector get unemployment compensation?
2) Victoria is fired from her job at a marketing firm when her boss overhears her arguing with another employee about Trump’s policies. The boss, a “never-Trumper” resents the fact that Victoria fully support whatever Trump says and does. Does Victoria have any rights in this situation under the Civil Rights Act? Explain.
3) The Elite Modeling Agency hires female models and contracts with various entities to supply models for fashion shows. Elite refuses to hire models whose height is less than 5 feet, 9 inches. Electra, a former Miss Virginia is 5 feet, 5 inches tall. Elite declines to hire her because she is “too short”. Does Electra have a claim against Elite under the Civil Rights Act? Explain.
4) Tran, who was born in Vietnam, now lives in Los Angeles. She applies to be a waitress at Hooters. The manager of Hooters restaurant tells her, “Sorry, we rarely hire Asian girls because their breasts are too small and part of the Hooters’ image is waitresses with big breasts”. Does Tran have a valid claim against Hooters under the Civil Rights Act? Explain.
5) Grace is a widow who has three daughters. She has a will which leaves all of her property to the three daughters “in three equal shares, share and share alike.” Most of Grace’s money is in an account at Capital One Bank. As a convenience in case she needs help with paying bills and writing checks, she asks Capital One to put her daughter Evelyn on the account as joint tenant. Capital One does so. Ten years later Grace dies. At her death the Capital One account has $300,000. On deposit. Evelyn argues that she is entitled to the entire $300,000. Her sisters claim it should be divided 3 ways because of the clear language in Grace’s will. Who is correct? Why?
6) Sam and Dave are neighbors in a suburban neighborhood. Sam builds a concrete driveway along his property line but due to an error by the paving company, the driveway extends three feet onto Dave’s property. Dave notices this and talks to Sam about it. They agree that the driveway will stay as long as Sam lives in the neighborhood. Twenty two years later Sam moves away. Dave is still there and demands that the new owners remove the portion of the driveway on Dave’s property. The new owners claim they own the strip of the driveway by virtue of adverse possession. Are they correct? Have all the elements of adverse possession been satisfied?
7) Ben is on a business trip for his employer. He rents a vehicle and is driving around the city. While driving, he answers a cell phone call from his office. Distracted, he runs into another vehicle. Under the law of principle and agent, who is liable for the other motorist’s injuries? Ben? His company? Both? Explain your answer.
8) Martha and Layla have been a couple for many years but are not married. They purchase a home in Fairfax County and prior to settlement, the title company which is handling the settlement inquires of them as to the wording of the deed. Specifically do they wish to be joint tenants or tenants in common. The couple are in their early forties and do not expect to have children. Layla has no close family, no siblings and her parents are deceased. Martha has a large family. Her parents are living as are her five siblings and Martha has a number of nieces and nephews. Neither Martha nor Layla has a will. Knowing that you have just taken a Business Law course, they ask you whether they should take title the house as joint tenants or tenants in common. What is your advice?
rip, Trevor went sightseeing on his day off using a car rented by his company for his use. Trevor answered his cell phone while driving, was distracted, and crashed into Olivia’s house, causing damages. The call was from his office. Company policy forbade Treor from talkinnsible PART TWO -TRUE or False – 2 points each.- you may explain your answer if you wish.
1. __________Employers who establish pension plans for their employees are subject to various record keeping and disclosure requirements pursuant to COBRA.
2. ________Pre-employment drug screening has been held to be permissible by the Courts.
3. ________Managerial employees are exempt from the Fair Labor Standard’s Act’s wage and hour provisions.
4. ________Employers who hire undocumented immigrants may be subject to criminal penalties as well as civil penalties.
5. ________An employer can refuse to hire a qualified job applicant if the employer believes the new hire is likely to urge his co-workers to join a union.
6. _______The Taft-Hartley Act (1947), created certain restraints on union activities in the workplace.
7. ________ Striking union workers may picket on public property near their place of employment. 8. _________An employee who is injured on the job may sue his employer if worker’s compensation benefit are deemed inadequate to cover his injuries.
9. _________Ajax, Inc. terminates all employees under the age of 30 because of a downturn in the economy. Those employees who are terminated are entitled to file a federal age discrimination claim.
10. _________A male employee with more seniority in terms of years on the job cannot be paid more than a female worker who performs the same duties as the male worker.
11. ________The Robinson- Patman Act prohibits price discrimination.
12. ________A merger of two rival companies is a horizontal merger/
13. ________A merger of two companies in completely different industries is a vertical merger.
14. ________If a beverage company acquired a company that makes soda bottles, this would be a vertical merger.
15. ________A bill of lading is a document of title issued by a carrier when goods are received for shipment.
16. ________A bailment is different from a sale or gift because in a bailment, the title to the goods does not pass to the bailee.
17. ________Many states require the finder of lost property to use reasonable efforts to find the true owner.
18. ________A person who comes across abandoned property can take title to the property without notification to the former owner. 19. ________Property is mislaid when the pwner voluntarily places the property somewhere and then inadvertently forgets it.
20. ________A student who finds a textbook on a desk in a classroom at NOVA has found lost property and can retain the textbook unless the true owner.
21. ________Fee simple absolute is the highest form of real property ownership.
22. ________Deeds are recorded in the state capitol building in the state where the real property is located.
23. _______Tables and chairs in a restaurant are fixtures.
24. _______An in- ground swimming pool is real property.
25. ________A parent and child are eligible to own property as tenants by the entirety.
26. ________A creditor may seize the half interest of property of a creditor whom he has a court judgment against unless if debtor holds the property as tenants in common with another person.
27. ________George has lived as a tenant in an apartment building that Iris owns for many years. Over the course of time, pain has chipped off the walls. Iris can recover damages from George for waste.
28. ________If a tenant subleases a property to a friend without landlord’s permission, the tenant’s landlord can continue to demand rent payment from the tenant.
29. _______A condominium is a form of ownership of a multiple dwelling building where a corporation owns the building and the residents own shares of stock in the corporation.
30. _______According to your text, surrender is another term for eviction of a tenant by a landlord.
Part One – Scenarios-short answers. Grading: 5 points for each question. 1) If
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Part One – Scenarios-short answers.
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