Employment And Labor Law 9th Edition by Patrick J. Cihon – Test Bank

 

 

To Purchase this Complete Test Bank with Answers Click the link Below

 

https://tbzuiqe.com/product/employment-and-labor-law-9th-edition-by-patrick-j-cihon-test-bank/

 

If face any problem or Further information contact us At tbzuiqe@gmail.com

 

 

Sample Test

Chapter 03 Commonly Committed Workplace Torts
TRUEFALSE
1. A tort can be defined as a civil wrong.
(A) True
(B) False
Answer : (A)
2. The National Labor Relations Act preempts a requirement to submit the claim to binding
arbitration, and sovereign immunity, where public employers are targeted.
(A) True
(B) False
Answer : (A)
3. One of the most commonly committed workplace torts is defamation.
(A) True
(B) False
Answer : (A)
4. Defamation and slander are two kinds of libel.
(A) True
(B) False
Answer : (B)
5. Since business defamation is a per se tort, it cannot amount to strict liability even if the plaintiff
has proved that the damaging statement was published.
(A) True
(B) False
Answer : (B)
6. Qualified privilege is recognized by law.
(A) True
(B) False
Answer : (A)
7. Private employers are not covered by qualified privilege.
(A) True
(B) False
Answer : (B)
8. Negligent infliction of emotional distress is not recognized by any jurisdiction.
(A) True
(B) False
Answer : (B)
9. In context of employment laws, tortious interference with contract is a commonly committed tort.
(A) True
(B) False
Answer : (A)
10. Retaliatory demotion cannot support a claim on wrongful discharge.
(A) True
(B) False
Answer : (B)
11. “Trade secret” is another name for proprietary information.
(A) True
(B) False
Answer : (A)
12. In most of the states’ common laws, it is an obligation for employees to respect the trade secrets
of employers.
(A) True
(B) False
Answer : (A)
13. Confidentiality and non-competition agreements are entered into by the employers on behalf of
the employees while hiring the employees.
(A) True
(B) False
Answer : (B)
14. Misappropriation of trade secrets is considered a crime in some states.
(A) True
(B) False
Answer : (A)
15. Employers whose employees misappropriate trade secrets cannot be entitled to obtain an
injunction in this regard as employers shall be considered to have committed contributory
negligence.
(A) True
(B) False
Answer : (B)
MULTICHOICE
16. Which of the following can be considered to be a civil wrong?
(A) Injunction
(B) Tort
(C) Ordeal
(D) Ordinance
Answer : (B)
17. Which of these forms of invasion of privacy is closely related to the tort of defamation?
(A) Invasion of plaintiff’s solitude
(B) Intrusion into plaintiff’s private affairs
(C) Portraying plaintiff in a false light
(D) Appropriating plaintiff’s name or likeness
Answer : (C)
18. Since business defamation is a ______, it can amount to strict liability once the plaintiff has
proved that the damaging statement was ______.
(A) criminal offence; heinous
(B) misdemeanor; unreasonable
(C) per se tort; published
(D) negligence; intentional
Answer : (C)
19. If a person intentionally writes or says false things about anyone at workplace, such an act
amounts to:
(A) fabrication.
(B) ratification.
(C) whistleblowing.
(D) defamation.
Answer : (D)
20. Defamation by writing is known as:
(A) writ.
(B) slander.
(C) libel.
(D) dicta.
Answer : (C)
21. Defamation through speech is known as:
(A) slander.
(B) stipulation.
(C) speculation.
(D) libel.
Answer : (A)
22. The law recognizes a qualified privilege in all of the following instances except:
(A) comments concerning an employee’s performance made to a supervisor.
(B) comments concerning an employee’s performance communicated via company email.
(C) an employer discussing an employee’s performance with his coworkers over lunch.
(D) assessments of an employee, communicated by a former employer to a prospective employer.
Answer : (C)
23. Which of the following statements regarding privilege and private employers is accurate?
(A) Private employers enjoy absolute privilege.
(B) Private employers have qualified privilege.
(C) Private employers are protected against suites even if they speak with malice.
(D) Private and public employers have sovereign immunity from suites.
Answer : (B)
24. If any person’s conduct causes emotional harm to the other, then it shall be considered as a case
of:
(A) intentional infliction of emotional distress.
(B) negligent infliction of emotional distress.
(C) professional misconduct.
(D) traumatic behavior.
Answer : (A)
25. All of the following are elements of a prima facie case of intentional infliction of emotional
distress except:
(A) an extreme and outrageous conduct by the defendant.
(B) the defendant did not intend but has caused emotional distress.
(C) the plaintiff has suffered severe emotional distress.
(D) the distress was a direct result of the defendant’s extreme and outrageous conduct.
Answer : (B)
26. Third party must interfere for an improper reason, such as animosity toward the plaintiff, and
not for a valid business reason, in order to be held responsible for the tort of:
(A) infliction of emotional distress.
(B) defamation.
(C) tortious interference with contract.
(D) slander.
Answer : (C)
27. A tort that is based on the wrongful discharge cause of action is known as:
(A) punishment.
(B) negligence.
(C) promotion.
(D) retaliatory demotion.
Answer : (D)
28. In the context of the chapter, the term “trade secrets” is synonymous with:
(A) military information.
(B) business intelligence.
(C) proprietary information.
(D) personal information.
Answer : (C)
29. Employers reinforce their common law rights by:
(A) issuing injunctions and suing for damages.
(B) requiring employees to sign confidentiality and noncompetition agreements at time of hire.
(C) reducing the employees rank, salary, or job title as a punishment.
(D) imposing regulations on their Internet usage and other external communication.
Answer : (B)
30. Employers whose employees misappropriate the trade secrets are entitled to obtain:
(A) injunction.
(B) penalty.
(C) remand.
(D) custody.
Answer : (A)
31. In the Toler v. Süd-Chemie, Inc. case, an employer was accused of abusing:
(A) laws of the company.
(B) qualified privilege.
(C) employee privacy.
(D) contractual obligations.
Answer : (B)
32. In the Nelson v. Target Corporation case, the employer was found not guilty of:
(A) intentional infliction of emotional distress.
(B) negligent infliction of emotional distress.
(C) tortious interference with contract.
(D) defamation.
Answer : (A)
33. In the Bulwer v. Mount Auburn Hosp. case, the defendants were found not guilty of:
(A) malevolence.
(B) defamation.
(C) specific performance.
(D) slander.
Answer : (A)
34. In the Duty v. Boys and Girls Club of Porter County, the plaintiff’s claim succeeded because the
alleged breach of contract was:
(A) malicious.
(B) accidental.
(C) not malicious.
(D) not exclusively directed at the plaintiff.
Answer : (A)
35. In the Williams v. American Eagle Airlines, Inc. case, the plaintiff’s tortious interference with
contract claim against American Eagle was based on:
(A) an invalid contract.
(B) a collective bargaining agreement.
(C) negligent interference.
(D) discrimination.
Answer : (B)
36. In the Oliver v. Orleans Parish School Bd. case, the trial court’s determination that the
defendant’s actions were unauthorized and unjustified was ______, which defeats the tortious
interference with contract claim.
(A) libelous
(B) defamatory
(C) “clearly wrong”
(D) a breach of contract
Answer : (C)
37. An employee’s theft of her employer’s trade secrets is considered as a(n):
(A) liability.
(B) tort.
(C) bailment.
(D) injunction.
Answer : (B)
38. Guana Inc. persuaded Mandy, DOS Right Inc.’s top systems engineer, to “jump ship” and come
over to Guana, bringing all her notebooks and diskettes containing her work from DOS Right. Mandy
accepted the offer since DOS Right had reneged on a bonus that she believed she was promised, but
was never paid. On these facts:
(A) DOS Right does not have a remedy.
(B) Mandy can claim for constructive wrongful discharge.
(C) Guana may be liable for tortious interference with contract.
(D) Mandy can claim for intentional infliction of emotional distress.
Answer : (C)
39. Robert, a mid-level manager at Revive Corp., was falsely accused of sexual harassment. In the
course of its investigation, the company questioned numerous co-workers about Robert, searched his
office and computer files without his permission, and interviewed his neighbors. Although the
investigation produced no evidence of Robert’s guilt, he was fired since the company’s president felt
that the accusation was a poor reflection on the organization. If Robert sues Revive, his complaint
will likely contain counts of:
(A) racial discrimination.
(B) wrongful discharge.
(C) tortious interference with contract.
(D) felony.
Answer : (B)
40. Which of the following is a requirement to submit a claim to binding arbitration?
(A) Fair Labor Standards Act Amendment 12
(B) Equal Employment Opportunities Commission’s Form 22-A
(C) National Labor Relations Act preemption
(D) North American Free Trade Agreement’s Form 17-C
Answer : (C)
41. What kind of precautions do employers use to guard their valuable intellectual property from
misappropriation by disgruntled, departing employees?
(A) Contributory negligence
(B) Infringement of trade mark
(C) Tort of trade secret
(D) Non-compete clause
Answer : (C)
42. If a communication tends to harm the reputation of an individual to lower him or her in the
estimation of the community or to deter third persons from associating or dealing with him or her,
this is considered a:
(A) felony.
(B) defamation.
(C) misdemeanor.
(D) strict liability.
Answer : (B)
43. When a person is protected by ______, the remarks made will be immune from a defamation suit,
if the person has made them in good faith.
(A) qualified privilege
(B) sovereign immunity
(C) strict liability
(D) vicarious liability
Answer : (A)
44. The imputation of crime, disease, and those affecting the plaintiff in his business, trade,
profession, office or calling are commonly recognized forms of:
(A) per se defamation.
(B) strict liability.
(C) absolute liability.
(D) negligence.
Answer : (A)
45. Which tort is only recognized by a minority of jurisdictions?
(A) libel
(B) negligent infliction of emotional distress
(C) intentional infliction of emotional distress
(D) slander
Answer : (B)
46. Julie harassed her co-worker Van by regularly tampering with his belongings and leaving
threatening messages on his desk. This repeated harassment caused Van to suffer from severe
depression. In the above scenario, what type of tort can Van claim on Julie?
(A) negligent infliction of emotional distress
(B) intentional infliction of emotional distress
(C) absolute liability
(D) libel
Answer : (B)
47. Which of the following is considered an offense with lower level culpability compared to
intentional infliction?
(A) Libel
(B) Slander
(C) Negligent infliction
(D) Qualified privilege
Answer : (C)
48. Under which law is the context of tortious interference with contract extracted from?
(A) Unemployment law
(B) Civil law
(C) Criminal law
(D) Employment law
Answer : (D)
49. The elements of retaliatory demotion are quite the same as:
(A) wrongful discharge.
(B) intentional infliction of emotional distress.
(C) strict liability.
(D) willful misconduct.
Answer : (A)
50. Which of the following applies to the protection of proprietary information by common law or
state statute?
(A) Employee’s social security number
(B) Worker’s compensation
(C) Trade secret
(D) Trademark
Answer : (C)
ESSAY
51. Define the tort of defamation.
Graders Info :
A communication is defamatory if it tends to harm the reputation of another as to lower him in the
estimation of the community or to deter third persons from associating or dealing with him.
52. Explain the similarities and differences between libel and slander.
Graders Info :
The tort of “Libel” and “Slander” are parts of defamation. Libel is defamation in writing and slander
is defamation through speech.
53. Explain the differences between libel or slander that is per se or not per se.
Graders Info :
The two torts may be further divided into the libel or slander that is per se and the libel or slander
that is not per se. It is important in some cases because libel/slander per se requires no showing of
specific damages for the plaintiff to recover a judgment, whereas libel/slander that is not per se
demands such a showing from the injured party.
54. Which is business defamation?
Graders Info :
Business defamation is a per se tort; it can amount to strict liability once the plaintiff has proved that
the damaging statement was published.
55. How can a person be immune from a defamation suit if he is protected by qualified privilege?
Graders Info :
If a person is protected by qualified privilege his remarks will be immune from defamation suit,
provided he made them in good faith.
56. How does the court recognize qualified privilege?
Graders Info :
The law generally recognizes a qualified privilege where one person communicates with another
who has a legitimate need to know the information.
57. Why have some courts been reluctant to adopt the tort of intentional infliction of emotional
distress?
Graders Info :
Courts have been concerned that in the absence of physical injury, plaintiffs can readily fake
emotional distress and win undeserved verdicts, and, hence, have been reluctant to adopt this tort.
58. If a state recognizes tort of negligent infliction of emotional distress, how will the defendant of
that state be liable for damages?
Graders Info :
A defendant may be liable in damages for unreasonable behavior that results in severe emotional
harm to the plaintiff, even though the defendant never meant to inflict any harm.
59. How is a third party responsible for tortious interference with contract?
Graders Info :
A third party must interfere for an improper reason, such as animosity toward the plaintiff, and not
for a valid business reason, in order to be held responsible for this tort.
60. How are retaliatory demotion cases different from wrongful discharge suits?
Graders Info :
Retaliatory demotion cases are somewhat more delicate than wrongful discharge suits, as the
plaintiff remains an employee of the defendant-firm, unless the latter takes the next step and
actually fires him/her.
61. What is a tort and how it is applicable in employer-employee relationships?
Graders Info :
The word tort means a civil wrong not based upon a preexisting contractual relationship. By and
large, tort law is the law of personal injury. Its application to employer-employee relationship is
affected by workers’ compensation insurance, which immunizes the employer from some tort
liabilities.
62. In defamation per se, what does “per se” connote?
Graders Info :
The term “per se” connotes that the third person to whom the defamation is communicated can
recognize the damaging nature of the communication without being apprised of the contextual
setting in which the communication was made.
63. What is qualified privilege and which kind of privilege is provided to public and private
employees?
Graders Info :
Immunity from a suit in the absence of malice is known as qualified privilege. Privilege can be
absolute or qualified. Public employers may enjoy an absolute privilege or sovereign immunity from
lawsuit. Private employers have a qualified privilege, meaning they are protected from lawsuit if
they speak without malice.
64. Why do courts shy away from negligent infliction of emotional distress?
Graders Info :
Many courts shy away from this tort because of problems of proving the extent of the plaintiff’s
suffering and/or the causal connection, particularly where the defendant never intended to cause the
harm.
65. What is the remedy for an employer in case of theft of trade secrets by a former employee?
Graders Info :
Employers whose employees misappropriate trade secrets for their own use or for the benefit of a
new employer, are entitled to obtain an injunction (court order) putting a stop to such illegal
behavior.

 

Chapter 04 Employee Privacy Rights in the 21st Century
TRUEFALSE
1. The Fourth Amendment of the U.S. Constitution provides protection to public employees.
(A) True
(B) False
Answer : (A)
2. Monitoring of behavior from a distance by means of electronic equipment or other means of
technology is known as surveillance.
(A) True
(B) False
Answer : (A)
3. Surveillance and eavesdropping are techniques commonly associated with police, spies and
military intelligence.
(A) True
(B) False
Answer : (A)
4. Neither private nor public sector employers have rights to monitor the use of employer-owned
computers.
(A) True
(B) False
Answer : (B)
5. The knowledge or reckless disregard of the falsity of a communication is known as slander.
(A) True
(B) False
Answer : (B)
6. Malice implies animosity towards somebody in the generic sense.
(A) True
(B) False
Answer : (A)
7. FCRA stands for Financial Credit Reporting Agency.
(A) True
(B) False
Answer : (B)
8. Background checks are usually an easy task for most employers and labor unions.
(A) True
(B) False
Answer : (B)
9. Protected Health Information (PHI) policy aims at preventing the unauthorized use or disclosure
of health and medical information.
(A) True
(B) False
Answer : (A)
10. Genetic testing is not considered a serious intrusion into the privacy of the employees by an
employer.
(A) True
(B) False
Answer : (B)
11. The greatest amount of litigation is in drug testing, which has been instigated due to internal
investigation.
(A) True
(B) False
Answer : (A)
12. Alcohol and drug abuse during working hours are reasons for suspicion of substance abuse.
(A) True
(B) False
Answer : (A)
13. Employees who test positive for substance abuse are referred to the Employee Opportunities
Corporation.
(A) True
(B) False
Answer : (B)
14. Drug testing does not require a specific reason and can be random.
(A) True
(B) False
Answer : (A)
15. Human Resource Departments do not maintain employee files since these are considered
confidential.
(A) True
(B) False
Answer : (B)
MULTICHOICE
16. What is the unifying element of the four separate privacy torts?
(A) The right to be left alone
(B) The right to do personal activities while at work
(C) The right to talk about co-workers and bosses in a negative manner without repercussion
(D) The right to be hired/promoted without regard to gender, race, national origin, or sex
Answer : (A)
17. Privacy rights in the employment area are important Constitutional rights extended to State and
municipal employees with the due process clause of the:
(A) Fourth Amendment.
(B) Eighth Amendment.
(C) Fifth Amendment.
(D) Fourteenth Amendment.
Answer : (D)
18. The most common way employers invade their employees’ privacy is to:
(A) intrude on their seclusion, solitude or private affairs.
(B) probe into their personal lives and medical history.
(C) monitor their relationships with individuals at the workplace.
(D) request for irrelevant information and past records.
Answer : (A)
19. The term “surveillance” is used to describe all of the following except:
(A) postal interception.
(B) observation with binoculars.
(C) eavesdropping.
(D) direct observation.
Answer : (C)
20. Malice in the context of defamation and invasion of privacy means:
(A) animosity toward somebody.
(B) a physical altercation must have taken place.
(C) knowledge that a statement is false or a reckless disregard of its truth or falsity.
(D) None of these answers.
Answer : (C)
21. The Supreme Court for the first time expressly acknowledged a right of privacy implicit in the
Constitution in the case of:
(A) Quon v. Arch Wireless Operating Co., Inc.
(B) Williams v. City of Tulsa.
(C) Griswold v. Connecticut.
(D) Massey v. Roth.
Answer : (C)