45. Under Title VII of the Civil Rights Act of 1964, which of the following occurs procedurally after an employee-plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?
1. The plaintiff wins by default judgment or by summary judgment.
2. The burden of proof shifts to the employer-defendant to articulate a legitimate, nondiscriminatory business reason for the discharge.
3. The burden of proof shifts to the employer-defendant to establish beyond reasonable doubt that the alleged discrimination did not occur.
4. The burden of proof remains with the employee-plaintiff to prove discrimination beyond reasonable doubt, the standard of proof in a disparate-treatment case.
5. The burden of proof remains with the employee-plaintiff to establish damages to a reasonable degree of evidentiary certainty.
16. Which of the following is a false statement regarding a manager-managed limited liability company (LLC)?
1. The managers of a manager-managed LLC have the apparent authority to enter into contracts on behalf of the LLC.
2. The managers of a manager-managed LLC have the actual authority to enter into contracts on behalf of the LLC.
3. In a manager-managed LLC, the members select a group of managers to manage the affairs of the company.
4. The managers of a manager-managed LLC must be selected from the members of the LLC.
5. The managers of a manager-managed LLC owe the LLC and its members the same fiduciary duties as the officers and directors of a corporation owe to the corporation and its shareholders.