Quiz 2 Review PDF

QUIZ 2 REVIEW © Daniel F. Benavides, Esq. Question 1 You are the owner and operator of a small hotel in Miami Beach. A process server serves your company with a lawsuit filed in the United States District Court for the Southern District of Florida. You are not an attorney and would prefer...

QUIZ 2 REVIEW © Daniel F. Benavides, Esq. Question 1 You are the owner and operator of a small hotel in Miami Beach. A process server serves your company with a lawsuit filed in the United States District Court for the Southern District of Florida. You are not an attorney and would prefer to avoid paying an attorney. How long do you have to answer the lawsuit and can you legally represent your company in court to defend the case? a) 21 days to answer the complaint and yes you can represent the company. b) 20 days to answer the complaint and yes you can represent the company. c) 21 days to answer the complaint and no you cannot represent the company. d) 20 days to answer the complaint and no you cannot represent the company. © Daniel F. Benavides, Esq. Important Parts of a Civil Case  Answer. Filed by the defendant that responds to the statements and allegations made by the plaintiff in the complaint.  In Florida, answers are generally due within 20 days after service of process in Florida state court cases and 21 days after service or process in federal court cases.  In the answer, the defendant either admits or denies each of the allegations made by the plaintiff.  Importantly, if the defendant (or plaintiff) is a company, it must be represented by a licensed attorney. © Daniel F. Benavides, Esq. Question 2 The case number of the lawsuit referenced in question #1 is 19-cv-14331-KMM. Who is the judge presiding over the case? a) Judge Kevin Mendez Moreno b) Judge Jose E. Martinez c) Judge Alexander Bokor d) Judge K. Michael Moore © Daniel F. Benavides, Esq.  Reading a Federal Court Document Court where case is pending Plaintiffs Case # Judicial Section/Judge Defendant Year case (Could also be s filed judge’s initials) Title of document © Daniel F. Benavides, Esq. Question 3 You are human resources director of a hotel in Islamorada. You are served with a subpoena commanding you to produce records relating to a former employee named “Juan A. Sanchez.” You thoroughly search your employee files and you do not have any records of an employee named Juan A. Sanchez. However, you do have records pertaining to an employee named Javier A. Sanchez with the same date of birth (but not the same social security number). Which of the following should you do next? a) Ignore the subpoena because you have no records pertaining to a Juan A. Sanchez. b) Turn over the records of Javier A. Sanchez because it must be the same person. c) Inform the attorneys that issued the subpoena that you do not have any records for an employee named Juan A. Sanchez, but mention that you do have records for someone named Javier A. Sanchez with the same date of birth. d) Inform the attorneys that issued the subpoena that you do not have any records for an employee named Juan A. Sanchez, but do not mention that you do have records for someone named Javier A. Sanchez with the same date of birth. e) Both C and D would be appropriate. © Daniel F. Benavides, Esq. Question 4 You are the owner of a restaurant. You are not an attorney. One of your night managers steals $40,000 from the safe, deletes the security camera footage and walks off the job. The state attorney decides that there is not enough evidence to bring a criminal action against the manager. A few months later, the manager’s lawyer sends you a letter demanding the employee’s final paycheck in the amount of $1,000. The letter also demands $1,000 in penalties and $5,000 in attorneys’ fees and costs (each as allowed by law), for a total of $7,000. Which of the following could you do next? a) Hire an attorney to sue the employee for stealing $40,000. b) Agree to pay the employee the $7,000 his lawyers are demanding. c) On behalf of the company and without hiring a lawyer, attempt to negotiate a settlement with the manager. d) Ignore the letter. e) You could take any of the actions above. © Daniel F. Benavides, Esq. Question 5 You wish to sue your employer for discrimination in federal court. What do you do next? a) Directly proceed to file your lawsuit in federal court b) File a complaint with the Occupational Safety and Health Administration c) File a complaint with the Equal Employment Opportunity Commission d) File a complaint with the Florida Office of the Attorney General e) None of the above © Daniel F. Benavides, Esq. Federal Agencies Equal Employment Opportunity Commission (EEOC)  Investigates complaints by employees for workplace discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information, or for retaliation.  Employees who wish to file a lawsuit in federal court for discrimination under federal law must normally first file a charge with the EEOC and receive a Notice of Right to Sue, which is provided after the EEOC closes its investigation. © Daniel F. Benavides, Esq. Question 6 You suspect that your hotel has been the victim of a data breach. Which of the following agencies should you contact to help you investigate the breach? a) Local Police b) The United States Secret Service c) Florida Department of Business and Professional Regulation d) The Federal Department of Cybercrimes e) None of the above. © Daniel F. Benavides, Esq. Federal Agencies United States Secret Service  Investigates data breaches and cybercrimes. © Daniel F. Benavides, Esq.