Question 1

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;The master 's careless hiring of someone who is likely to injure third parties.

Accepted Answer

Negligent hiring refers to the situation where an employer hires someone who is likely to cause harm or injury to third parties. It is the responsibility of the employer to thoroughly vet potential employees and avoid hiring individuals who could pose a risk. If the employer fails to do so and an injury occurs, they may be held liable for negligent hiring.

Note: While "employee" and "independent contractor" are related to employment, they do not specifically address the issue of careless hiring and potential harm to third parties.

Question 2

Employment at will applies to employees subject to union contracts.

Accepted Answer

Employment at will generally does not apply to employees subject to union contracts, as their employment terms are typically negotiated through collective bargaining agreements.

Question 3

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;A person who contracts with an &#34;employer&#34; to do a particular piece of work by his or her own&#10;methods and under his or her own control.

Accepted Answer

An independent contractor is a person who contracts with an employer to do a particular piece of work by his or her own methods and under his or her own control. They are not employees and therefore do not have the same legal protections or benefits as employees.

Answer: G
 Temporary employees are individuals who are hired for a specific period of time to fulfill a temporary job. They may be employed directly by the company or through a staffing agency, but they are not considered permanent employees.

Answer: H
 Negligent hiring refers to the failure of an employer to use reasonable care in the selection of an employee, which results in harm to others. This can include failure to conduct proper background checks or provide necessary training, which can lead to accidents or other harmful incidents in the workplace.

Question 4

An agent has the legal authority to act on behalf of the principal and to bind the principal to third persons by contract.

Accepted Answer

This is the definition of agency law. An agent acts as a representative of the principal and can enter into contracts with third parties on their behalf. The principal is bound by these contracts.

Question 5

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;The confirmation and acceptance of a previous act done by another person.

Accepted Answer

Ratification refers to the confirmation and acceptance of a previous act done by another person.

Answer: B 
 Principal is a term used to refer to a person or entity that authorizes another person to act on their behalf.

Answer: C 
 Estoppel refers to a legal principle that prevents a person from denying or asserting something in court that is contrary to what they previously stated or did.

Answer: E 
 Respondeat superior is a legal concept that holds employers liable for the actions of their employees performed in the course of their employment.

Answer: G 
 Temporary employees are individuals who are hired to work for a specific period and are not considered permanent employees of an organization.

Answer: H 
 Negligent hiring refers to a situation where an employer might face liability for hiring an individual with a history of violence or criminal activities.

Answer: I 
 An independent contractor is a worker who provides services to a client and is not considered an employee of the client.

Answer: J 
 Joint employment refers to a situation where two employers share liability for a worker, such as when a worker is hired by a staffing agency and contracted out to work for a specific company.

Question 6

An employer 's responsibilities and liabilities generally are greater when a worker is an employee&#10;than when the worker is an independent contractor.

Accepted Answer

This is true because an employer has more control and direction over an employee's work and is responsible for providing a safe work environment, withholding taxes, and providing benefits. In contrast, an independent contractor has more autonomy in their work and is responsible for their own taxes, insurance, and benefits.

Question 7

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;An individual is stopped by his or her own prior acts from claiming a right against another per-&#10;son who has legitimately relied on those acts.

Accepted Answer

This is the definition of estoppel, which prevents an individual from claiming a right after they have acted in a way that led another person to rely on their previous actions.

Answer: B
 A principal is a person who authorizes another to act on their behalf, such as an employer who authorizes an employee to make decisions or enter into contracts on their behalf.

Answer: H
 Negligent hiring refers to the failure of an employer to adequately screen an individual before hiring them, which can lead to liability if that person causes harm to others while on the job.

Answer: I
 An independent contractor is someone who performs services for another person or company but is not an employee, as they have more autonomy and control over their work.

Answer: E
 Respondeat superior is a legal principle that holds employers liable for the actions of their employees while they are acting within the scope of their employment.

Answer: G
 Temporary employees are individuals who are hired for a specific period of time, often to fill in for permanent employees who are on leave or to handle an increase in workload.

Answer: F
 Economic realities refers to the factors that determine whether an individual is considered an employee or an independent contractor, such as the level of control the employer has over their work and whether they are economically dependent on that employer.

Answer: J
 Joint employment occurs when two or more employers share control over an employee or group of employees, which can lead to shared liability for any harm caused by those employees.

Answer: A
 Ratification occurs when an individual or company approves or adopts a previously unauthorized act that was performed on their behalf, effectively making it legally binding.

Question 8

Employment relationships may initially be defined in two broad categories: master-servant and independent contractor.

Accepted Answer

The answer of Employment relationships may initially be defined in...

Question 9

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;Workers of one employer who are assigned to a relatively short project of another employer, the&#10;&#34;client company.&#34;

Accepted Answer

Temporary employees are workers who are assigned to a relatively short project of another employer, the "client company."

Alternatively, J could also be correct as joint employment can occur when an employee works for two different employers at the same time, such as a temporary staffing agency and the client company. However, the term "temporary employees" in the question suggests that G is the more specific and appropriate answer.

Question 10

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;A person in the service of another under any contract of hire, express or implied, oral or written,&#10;where the employer has the power or right to control and direct the employee in the material&#10;details of how the work is to be performed.

Accepted Answer

An employee is a person who works for another under a contract of hire and is subject to the employer's control and direction in how the work is performed.

Question 11

An agent owes the principal a high duty of loyalty and is prohibited from acting on behalf of himself in any transaction for the principal.

Accepted Answer

The answer of An agent owes the principal a high...

Question 12

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;An employer or anyone else who has another person do things for him.

Accepted Answer

The answer of Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat...

Question 13

All governmental agencies must be consistent in their classifications of a worker as an employee.

Accepted Answer

The answer of All governmental agencies must be consistent in...

Question 14

If a third person is injured by a servant who is not fit to do the job for which he or she has been hired, the master is not liable.

Accepted Answer

The answer of If a third person is injured by...

Question 15

All states recognize the public policy exception to employment at will.

Accepted Answer

The answer of All states recognize the public policy exception...

Question 16

An essential element for a judicial finding of a master-servant relationship is the extent of con- trol exercised by the master.

Accepted Answer

The answer of An essential element for a judicial finding...

Question 17

The existence of an employment agreement reflecting that an individual is an independent con- tractor is sufficient to establish the independent contractor status.

Accepted Answer

The answer of The existence of an employment agreement reflecting...

Question 18

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;The doctrine of the master 's liability for a servant's action within the scope of employment.

Accepted Answer

The answer of Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat...

Question 19

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;A job in which the essential terms and conditions of the employee's work are controlled by two&#10;or more entities.

Accepted Answer

The answer of Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat...

Question 20

Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat superior&#10;f. economic realities&#10;g. temporary employees&#10;h. negligent hiring&#10;i. independent contractor&#10;j. joint employment&#10;A test focusing upon whether a worker is dependent upon the business for which he or she is&#10;working.

Accepted Answer

The answer of Matching&#10;a. ratification &#10;b. principal&#10;c. estoppel&#10;d. employee&#10;e. respondeat...

Deck 1: The Employment Relationship