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WorksheetsFinal Exam in Legal Aspects
Total questions: 60
Worksheet time: 38mins
A kind of damages that specifically provides compensation for the pecuniary loss of earning capacity
Exemplary damages
Compensatory damages
Nominal damages
Liquidated damages
A kind of damage that is imposed by way of example or a correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.
Exemplary damages
Compensatory damages
Nominal damages
Liquidated damages
A kind of damages that includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, & similar injury.
Temperate damages
Moral damages
Liquidated damages
Nominal damages
A kind of damages that are agreed upon by the parties to a contract, to be paid in case of breach of thereof.
Temperate damages
Moral damages
Liquidated damages
Nominal damages
It is awarded to a person to see to it that whenever a right is transgressed, every manner of loss or injury is compensated for in some way or another. Type your answer in CAPITAL LETTERS
(a)
Damages of Capable of Pecuniary Estimation need no proof and the assessment is left to discretion of the court.
True
False
An injured person may file an action for damages against the defendant since it is the primary purpose of a tort action to provide compensation to a person who was injured by the defendant.
True
False
This article states that "Every owner of the motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. The amount of the bond & other terms shall be fixed by the competent public official."
Article 2186
Article 2187
Article 2189
Article 2190
This article states that "Provinces, cities, & municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective conditions of roads, streets, bridges, public buildings, & other public works under their control or supervision."
Article 2186
Article 2187
Article 2189
Article 2190
This article states that "The proprietor of the building or structure is responsible for the damages resulting from the total or partial collapse if it should be due to the lack of necessary repairs."
Article 2186
Article 2187
Article 2189
Article 2190
This doctrine is otherwise known as the doctrine of discovered peril of the humanitarian doctrine. Type your answer in CAPITAL LETTERS
(a)
This doctrine states that if the negligence of the plaintiff was merely contributory to his injury, the immediate & proximate cause of the accident causing the injury being the defendant's negligence, such negligence would not be a bar to recover, but the amount recoverable shall be mitigated by the court. Type your answer in CAPITAL LETTERS
(a)
Guardians are not liable for the damages caused by the minors or incapacitated persons who are under their authority & live in their company.
True
False
The owners & managers of an establishment or enterprise are likewise responsible for damages caused by their employees while on duty.
True
False
Fault may be classified as Culpa Aguiliana and Culpa Contractual.
True
False
There is a tort or quasi-delict if the fault or negligence of the defendant is present.
True
False
The following are the major purposes of tort law, except:
To provide a peaceful means for adjusting the rights of parties who might otherwise take the law into their own hands
Deter wrongful conduct
Discourage socially responsible behavior
Restore the injured parties to their original condition
It is defined as the fault or negligence of a person who, by his act or omission, is connected or unconnected with, but independent from, any contractual relation, causes damage to another person. Type your answer in CAPITAL LETTERS
(a)
DOTC stands for (a) .
Type your answer in CAPITAL LETTERS
LTFRB stands for (a) .
Type your answer in CAPITAL LETTERS
Article 1734 states that common carriers are responsible for the loss, destruction, or deterioration of the goods unless the same is lost due to acts of a public enemy in war, whether international or civil.
True
False
The degree of diligence demanded from the common carrier is extraordinary diligence.
True
False
The following are the characteristics of the common carrier, except:
It is regarded to some extent as a public servant
it cannot lawfully decline to accept a particular class of goods for carrier to the prejudice of the traffic in those goods
No monopoly is favored
Public inconvenience
These are persons, corporations, firms, or associations engaged in the business of carrying or transporting passengers of goods or both, by land, water, or air for compensation, offering their service to the public. Type your answer in CAPITAL LETTERS
(a)
These are those who transport or undertake to transport in a particular instance for hire or reward. Type your answer in CAPITAL LETTERS
(a)
According to Section 5 of RA 7877, the employer or head of office, educational training institution shall not be solidary liable for damage arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of the office is informed of such acts by the offended party & no immediate action is taken
True
False
This Republic Act is otherwise known as the Anti-Sexual Harassment Act of 1995
RA 7878
RA 7877
RA 7876
RA 7875
An employee is paid for overtime work with an additional compensation equivalent to his regular wage plus at least 15% thereof.
True
False
Every employee shall be paid a night shift differential of not less than 10% of his regular wage for each hour of work performed between 10 pm and 5 am.
True
False
Coffee breaks or rest periods running from 5 to 20 minutes are considered compensable working time.
True
False
The normal hours of work of any employee shall not exceed 12 hours a day.
True
False
It is the reduction in the workforce to forestall business losses.
Closure
Cessation
Retrenchment
Redundancy
It exists when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Type your answer in CAPITAL LETTERS
(a)
Gross Habitual Neglect by the employee of his duties is an example of authorized causes.
True
False
Fraud or Willful Breach by the employee of the trust reposed in him by his employer or duly authorized representative is an example of just causes.
True
False
Selling the company is one of the rights of employees.
True
False
It refers to the temporary stoppage of work due to the refusal of the employees to work as a way of protest to the decision of the employers on matters affecting the employees. Type your answer in CAPITAL LETTERS
(a)
The right to participate in policy & decision-making processes is one of the workers' rights.
True
False
It is defined as persons in the personal service of another & those who perform services in the employer's home which are usually necessary or desirable for the maintenance & employment thereof. Type your answer in CAPITAL LETTERS
(a)
It pertains to the kind of employment that is not usually necessary or primarily related to the employer's trade. Type your answer in CAPITAL LETTERS
(a)
It pertains to the kind of employment when an employee is hired for a specific undertaking in which employment duration is specified by the scope of work &/ or length of the project. . Type your answer in CAPITAL LETTERS
(a)
There is underemployment when there is involuntary idleness on the part of the employee who is able & willing to work but could hardly find one.
True
False
A classification of law that is designed to protect the weaker party to the employment contract
Social Legislation
Labor Standards Legislation
Protective Legislation
Diplomatic Legislation
A classification of law that is intended to remove or reduce the insecurity of the workers while the latter is not at work due to hazards arising from employment.
Social Legislation
Labor Standards Legislation
Protective Legislation
Diplomatic Legislation
A classification of law that is designed to settle labor disputes through pacific modes.
Social Legislation
Labor Standards Legislation
Protective Legislation
Diplomatic Legislation
A classification of law that prescribed minimum requirements relating to wages, hours of work, cost of living allowances, & other monetary & welfare benefits.
Social Legislation
Labor Standards Legislation
Protective Legislation
Diplomatic Legislation
This type of employment is present when the service of the employee to the employer is for a definite period of time which in effect must be terminated upon the expiration or end of the said period. Type your answer in CAPITAL LETTERS
(a)
It includes all the rules of law governing the conditions under which persons may work under the control of other persons called employers. Type your answer in CAPITAL LETTERS
(a)
It prescribed the terms & conditions of employment as affecting wages or monetary benefits, hours of work, cost of living allowances, occupational health, safety, & welfare of the workers.. Type your answer in CAPITAL LETTERS
(a)
It is used to denote all matters arising out of the employer-employee relationship involving the concerted action on the part of the workers which is usually related with collective bargaining & negotiation process Type your answer in CAPITAL LETTERS
(a)
R.A 7877 provides that the following must be present in order for an act in a work-related or employment environment be considered as sexual harassment except ______
sexual favor in consideration for employment
diminishing of employment opportunities because of the refusal to grant the favor asked by the employer
the harassment which would result in an intimidating, hostile, or offensive environment for the employee
the harassment which would impair the employees' rights or privileges under existing labor laws
Entails employment or training which requires more than 3 months of practical training
apprentice
learners
On-the-Job Training
Handicapped
These are persons hired as trainees in semi-skilled occupations and have on-the-job training in a relatively short period of time which shall not exceed 3 months
apprentice
learners
On-the-Job Training
Handicapped
All service charges collected by the hotels, restaurants, & similar establishments shall be distributed at the rate of _____________
50% for all covered employees & 50% for the management
60% for all covered employees & 40% for the covered management
85% for the management & 15% for all the covered employees
85% for all covered employees & 15% for the management
The following are exceptions to the payment of night shift differential except ___________
Government employees including those employed in government-owned or controlled corporations with original charters
Employees of retail & service establishments regularly employing not more than five workers
Rank & file employees working from 10pm up to 6am
Persons in the personal service of another
A tip is different from service charge
True
False
Due process is observed if the employee is given the opportunity to be heard although he did not avail of the said opportunity.
True
False
Male employees may enjoy paternity leave benefits under labor relations law
True
False
Sexual harassment is a valid ground for the termination of an employee-employer relationship
True
False
The rights of the employees and employers are equal.
True
False
