Thomas Hires Desai, an Alien, to Work for His Firm

question 40

Multiple Choice

Thomas hires Desai, an alien, to work for his firm. When he hired Desai, he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S. The documents were clever forgeries, and Desai is actually an illegal alien.

• A) Thomas cannot raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA.
• B) Thomas can raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA.
• C) Thomas can raise the fact that he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries as an affirmative defense to liability under IRCA, only if he can also show that he relied, in good faith, on the genuineness of the documents.
• D) Thomas is liable for Desai's subsequent loss of the right to work if the right to work existed at the time of the hire.

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Definitions:

Joint Cavity

The space between the articulating bones of a joint, filled with synovial fluid that lubricates and nourishes the joint.

Amphiarthroses

A type of joint in the body that allows for limited movement, as found between vertebrae.

Synarthrotic Joints

A type of joint that allows for little or no movement, typically found where bones are fused together, such as in the skull.

Synovial Joints

Freely movable joints in the body, characterized by a cavity filled with synovial fluid, which lubricates and nourishes the joint.