US Constitution and Employment Law Quiz

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Questions and Answers

What is the primary purpose of the US Constitution?

To outline state powers

To establish foreign relations

To create three branches of government and protect individual rights (correct)

To regulate business practices

What year was the ratification of the US Constitution completed?

1789

1788 (correct)

1787

1791

How many Amendments are there in the US Constitution?

27 (correct)

Which branch of government is responsible for interpreting laws?

Judicial Branch Signup and view all the answers

What powers do states retain under police powers?

To regulate public health and safety Signup and view all the answers

What is the minimum age for an individual to work in non-hazardous jobs with limited hours?

14 Signup and view all the answers

Under the Fair Labor Standards Act, which type of workers are exempt from receiving overtime pay?

Administrative employees Signup and view all the answers

Which federal statute is primarily concerned with preventing discrimination in employment?

Civil Rights Act Signup and view all the answers

How is overtime pay calculated under the Fair Labor Standards Act?

One-and-a-half times the regular pay for each hour over 40 Signup and view all the answers

What does the Uniform Computer Information Transactions Act (UCITA) establish?

Legal rules for electronic contracts Signup and view all the answers

Which of the following provisions is included in the Family and Medical Leave Act?

Unpaid leave for family and medical reasons Signup and view all the answers

Which group is NOT considered a white-collar worker exempt from overtime pay requirements?

Retail sales associates Signup and view all the answers

Which federal law aims to ensure the voting rights of African Americans?

Voting Rights Act Signup and view all the answers

What types of cases do limited jurisdiction trial courts typically handle?

Traffic violations, misdemeanors, and family law Signup and view all the answers

Which court hears appeals from general jurisdiction trial courts?

Intermediate Appellate Courts Signup and view all the answers

What is a characteristic of federal courts as defined by Article III, section 2 of the Constitution?

They handle federal question cases and diversity of citizenship cases Signup and view all the answers

Which of the following statements about the State Supreme Court is true?

It hears appeals from intermediate appellate courts and some trial courts Signup and view all the answers

What is required for a diversity of citizenship case to be heard in federal court?

The dollar amount of controversy must exceed $75,000 Signup and view all the answers

Small claims courts generally handle cases involving what dollar amount or less?

$5,000 or less Signup and view all the answers

What typically distinguishes general jurisdiction trial courts from limited jurisdiction trial courts?

General jurisdiction courts hear all serious criminal cases and large civil disputes Signup and view all the answers

What happens to the decisions made by the State Supreme Court?

They are final unless there are crucial constitutional issues Signup and view all the answers

What defines a lease according to Article 2A?

A transfer of right to possession and use of goods for a set term. Signup and view all the answers

Which of the following individuals is referred to as the lessor in a lease agreement?

The individual transferring the right to use the goods. Signup and view all the answers

What is an exception to the requirement that contracts for the sale of goods costing $500 or more must be in writing?

Contracts for specially manufactured goods. Signup and view all the answers

What does the parol evidence rule state?

Outside evidence cannot contradict a written contract meant to be final. Signup and view all the answers

Which type of employment allows termination without cause at any time?

Employment at-will. Signup and view all the answers

What is the implication of wrongful discharge in term employment?

An employer is liable if terminated without cause before the term expires. Signup and view all the answers

Under the public policy exception of at-will employment, which situation would be considered unlawful termination?

Firing an employee who refuses to commit a crime. Signup and view all the answers

What factors must a document meet to qualify as a negotiable instrument?

It must specify a fixed amount and be payable on demand or at a future date. Signup and view all the answers

What is one of the primary functions of negotiable instruments?

Record-keeping for transactions Signup and view all the answers

Who is the payee in a draft?

The person who is to receive payment Signup and view all the answers

What distinguishes a certificate of deposit from a promissory note?

The nature of the promise to pay Signup and view all the answers

What is a requirement for creating negotiable instruments?

They must be in a permanent state Signup and view all the answers

In a check, who is considered the drawer?

The owner of the checking account Signup and view all the answers

What is typically true about small certificates of deposit?

They typically are under $100,000. Signup and view all the answers

In the context of a draft, who is the drawee?

The person who is ordered to pay the draft Signup and view all the answers

Who is the maker in a promissory note?

The party that issues the promissory note Signup and view all the answers

What is the primary purpose of worker's compensation?

To compensate workers and their families for job-related injuries Signup and view all the answers

Which visa allows foreign nationals to work in the U.S. in specialty occupations?

H-1B visa Signup and view all the answers

What type of visa is issued to persons seeking temporary entry into the U.S. for tourism?

B-2 visa Signup and view all the answers

Which of the following visas is designed for investors?

EB-5 visa Signup and view all the answers

Under what circumstances can an employer not terminate an employee?

If the employee has been selected for jury duty Signup and view all the answers

What is a characteristic of the H-2A Temporary Agricultural Worker Visa?

It permits U.S. employers to hire for temporary agricultural work. Signup and view all the answers

What is a requirement for businesses under the EB-5 Investor Visa?

The investment must be a minimum of $1,000,000. Signup and view all the answers

Which type of visa is specifically for nonagricultural work?

H-2B visa Signup and view all the answers

Study Notes

Minimum Wage

Age and Occupation: Regulations vary based on age. Those under 14 can only work in specific occupations like newspaper delivery with limited hours. Ages 14-15 are restricted to non-hazardous work with limited or unlimited hours depending on the age. Anyone 18 and older can hold any job.
Minimum Wage and Overtime Pay: Employees generally must be paid the federal minimum wage for all hours worked. Students and apprentices can potentially be paid less. Overtime is time-and-a-half for hours over 40 in a week. There are exceptions for white-collar workers.
White-Collar Worker Exceptions: Several types of white-collar workers don't have to be paid overtime. These include executives, administrative employees, professionals (learned and creative), highly compensated employees, computer employees, outside sales representatives and teachers.

Federal Statutes

Civil Rights Act: Prohibits discrimination in employment and public accommodations based on race, color, religion, sex, or national origin.
Voting Rights Act: Aims to overcome legal barriers to African American voting rights.
Fair Labor Standards Act: Establishes minimum wage, overtime pay, and child labor standards.
Family and Medical Leave Act: Grants eligible employees unpaid leave for family and medical reasons, maintaining job protection.
Uniform Computer Information Transactions Act (UCITA): Sets legal rules for electronic contracts and licenses.

US Constitution

1787: The Constitutional Convention was held to strengthen the federal government. The U.S. Constitution was drafted.

Police Powers

States retain power to regulate business within their borders to protect public health, safety, morals and welfare (police powers). This includes laws related to food and drugs, environmental preservation, and workplace safety.

US Legal System

English Legal System: Principles from English common law, including established court precedents, became the foundation for early American law.
State Court System: Limited and General Jurisdiction courts handle misdemeanors, felonies and civil cases, while appellate courts hear appeals. The highest court (State Supreme Court) is the ultimate decision-maker within a given state.
Federal Court System: Deals with cases involving federal law (federal question). Diversity jurisdiction exists when there are different parties from different states or a foreign country and the amount in controversy exceeds $75,000.

Federal Law

Federal question cases: Cover cases involving violations of the U.S. Constitution, treaties, and federal statutes/regulations.
Diversity of citizenship: Cases involving citizens of different states or between a state and a citizen of another country, provided the amount of controversy exceeds the specified threshold.

Contracts

Definition: A promise or a set of promises that the law will enforce. All parties to a contract are obligated to perform.
Elements of a Valid Contract: Agreement, Consideration, Contractual Capacity, Lawful Object.
Types of Contracts: Term contracts have a specific duration, while employment at will can be terminated by either party without cause.
- Contracts for the sale of goods: Governed by Article 2 of the UCC.
- Contracts involving lease of goods/services: Covered by Article 2A of the UCC which will sometimes preempt common law.

Sources of Contract

Common law of contracts: Primarily developed by state courts.
Uniform Commercial Code (UCC): Comprehensive approach to commercial transactions incorporating legal concepts governing the sales and leasing of goods. Article 2: Sales / 2A: Leases.

Negligence

Types of Torts: Intentional torts, unintentional torts (negligence), and strict liability.
Negligence: Acts which would not have been contemplated by a reasonable person, or the failure to perform actions that are expected of a reasonable person.

Statute of Frauds

Requiring certain contracts be in writing for their enforceability (e.g. those involving real property, cannot be performed within a year, collateral contracts, promises in consideration of marriage, sale of goods over $500 or more).

Parol Evidence Rule

Restricts admissibility of evidence outside the four corners of a written contract to prevent disputes. Exceptions to the rule include ambiguities and additional terms.

Negotiable Instruments

Types: Checks, drafts, promissory notes, and certificates of deposit (CDs)
Parties: Drawer, drawee, payee, maker.
Requirements: Written promise to pay, signed by the payer, fixed amount to be paid, time of payment designated.

Wills

Making a Will: Requirement for sound mind, legal age, in writing, testator's signature, witnesses.
Types of Wills: Holographic, nuncupative, and formal wills.

Probate

Procedure to settle the estate of a deceased person, dealing with debts, taxes and distribution of remaining assets as per the will or state law.

Living Wills

Advance directive (legal document) regarding an individual's wishes for medical treatment in the event of a terminal illness or incapacitation.
The court will adhere to the patient's wishes.

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Description

Test your knowledge on the US Constitution and employment laws with this quiz. Explore key aspects of the Constitution, including its ratification and amendments, as well as regulation standards in the workplace. Perfect for students and anyone interested in American law.