GOVERNMENT

Question 5

 

1.

 

Which of the following statements is INCORRECT regarding the rights of shareholders?

 

I.          voting power on major issues and ownership in a portion of the company

 

II.         right to transfer ownership and dividend entitlement

 

III.       hire and fire management and select and appoint a chief executive

 

Answer

 

 

 

I and II

 

 

 

I, II, and III

 

 

 

I only

 

 

 

III only

 

for whistleblowing?

 

Answer

 

 

 

It is an exception to employment-at-will doctrine.

 

 

 

It is developed simultaneously in different states.

 

 

 

All states recognize this tort and define it consistently.

 

 

 

States do not look to the courts for guidance.

 

Question 7

 

1.

 

The Constitution does not always protect free-speech rights for what public employees say on the job.  Which of the following is true?

 

Answer

 

 

 

When a citizen enters government service, the citizen need not accept certain limitations on his or her freedom.

 

 

 

Public employees may speak out on matters of public concern and have First Amendment protection but not when they speak out in the course of their official duties.

 

 

 

As public employees speak out and receive First Amendment protection, there is an acceptable chilling of the speech of all potential whistleblowers.

 

 

 

None of the above

 

Question 8

 

1.

 

What is the BEST definition of “flexicurity” which has been used by European nations to invest in human capital?

 

Answer

 

 

 

Paying more to displaced workers until they return to work.

 

 

 

Requiring worker training while workers are unemployed.

 

 

 

Promoting job saving measures which only allow terminations during labor market crisis.

 

 

 

Coupling unemployment benefits with retraining and transitional assistance to allow workers to adapt to labor market restructuring.

 

Question 9

 

1.

 

Exceptions to the rule of employment-at-will include which of the following?

 

I.          organization of unions

 

II.         passage of Sarbanes Oxley Act

 

III.       raising of public policy issues

 

IV.       promise of implied-contract  or covenant-of-good-faith

 

Answer

 

 

 

I only

 

 

 

II only

 

 

 

I and II

 

 

 

I, II, III, IV

 

The Sarbanes Oxley Act was passed in response to:

 

I.          concerns that investors received full and complete information about potential corporate fraud

 

II.         a lack of investor confidence

 

III.       corporate scandals like Enron

 

IV.       discrimination against an employee when providing information she reasonably believes constitutes a violation of federal security laws

 

Answer

 

 

 

I only

 

 

 

II only

 

 

 

I and II

 

 

 

I, II, III, IV

 

Question 11

 

1.

 

What are the two (2) main factors the courts consider when reviewing an employer’s intrusion of employee rights using electronic surveillance?

 

Answer

 

 

 

Obnoxiousness of means and reason for intrusion.

 

 

 

Obnoxiousness of means and type of intrusion.

 

 

 

Violation of tenth amendment and frequency of intrusive conduct.

 

 

 

Obnoxiousness of supervisors and whether valid evidence is present.

 

Question 12

 

1.

 

There are several types of company surveillance employees are legally subjected to, EXCEPT:

 

Answer

 

 

 

Videotaping

 

 

 

GPS Satellite & Tracking of cars & cell phones

 

 

 

Wiretapping of private cell phones

 

 

 

Monitoring IM chat

 

Question 13

 

1.

 

Alan Westin views that limited communication is particularly vital in which communities due to heightened stimulation and continuous physical and psychological confrontations between strangers?

 

Answer

 

 

 

small town life

 

 

 

suburban life

 

 

 

southern life

 

 

 

urban life

 

Title I of the Americans with Disabilities Act of 1990 (ADA) explicitly limits the ability of employers to use “medical examinations and inquiries” as a condition of employment and provides for all of the following EXCEPT:

 

Answer

 

 

 

a prohibition against using pre-employment medical tests.

 

 

 

a prohibition against the use of a medical examination after a job offer has been made if the results are kept confidential.

 

 

 

a prohibition against the use of medical tests that lack job-relatedness and business necessity.

 

 

 

a prohibition against the use of tests that screen out (or tend to screen out) people with disabilities.

 

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