LAW220 Week 4Question 1To succeed in a lawsuit for gender discrimination in the workplace, a plaintiff must show that gender was a determining factor in the employer’s action.TrueFalseQuestion 2The

Question 1

To succeed in a lawsuit for gender discrimination in the workplace, a plaintiff must show that gender was a determining factor in the employer’s action.

True

False

Question 2

The elements of negligence include intent.

True

False

Question 3

Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. To succeed, his best argument is

	a.	the flights are low and frequent, interfering with enjoyment of his land.
	b.	there are other routes the planes could take.
	c.	the planes are effectively taking private property for private use.
	d.	the planes fly over more than twice a day.

Question 4

Without authorization, Omar downloads music into his computer’s random access memory, or RAM. This is most likely

	a.	none of the choices.
	b.	trademark infringement.
	c.	patent infringement.
	d.	copyright infringement.

Question 5

T.J. owns a Miata. T.J. can use the car or dispose of it as he wishes. When T.J. dies, the car will descend to his son. T.J. is an owner in

	a.	fee simple.
	b.	joint tenancy.
	c.	tenancy in common.
	d.	community.

Question 6

Salsa Caliente, Inc., employs three hundred workers at four locations in two states. Under federal law, Salsa must provide each employee, during any twelve-month period, family or medical leave of

	a.	no limited duration.
	b.	up to twelve weeks.
	c.	up to twelve pay periods.
	d.	up to twelve days.

Question 7

A constitution sets forth a government’s

	a.	limits and powers.
	b.	neither limits nor powers.
	c.	powers, but not limits.
	d.	limits, but not powers.

Question 8

Mena, a female, and Neil, a male, are employees of Operation Business Corporation. Mena regularly e-mails sexually explicit images to Neal via Operation’s network. Neil finds this offensive. This is most likely

	a.	quid pro quo harassment.
	b.	hostile work environment harassment.
	c.	a constructive discharge.
	d.	none of the choices.

Question 9

A rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car’s exhaust system. California state law prescribes much higher limits. Under the supremacy clause

	a.	both the rule and the law apply concurrently.
	b.	California law takes precedence.
	c.	the EPA rule takes precedence.
	d.	both the rule and the law are invalid.

Question 10

Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are

	a.	as different as possible.
	b.	at odds.
	c.	exactly identical.
	d.	as similar as possible.

Question 11

Kim operates Kim’s Fruits & Vegetables, a small market stocked entirely with produce grown on his adjacent farm. Under what clause of the Constitution can the federal government regulate Kim’s activities? What is Kim’s best argument against federal regulation of his farm and business?