Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
65 Cards in this Set
- Front
- Back
|
Agent |
employee |
|
|
Principal |
employer |
|
|
Agency relationship |
relationship where one person works for another |
|
|
Creation |
Determines what type of authority the agent has |
|
|
Express authority |
what your told to do by the boss |
|
|
Implied authority |
what you normally do at your job without being told (unstated) |
|
|
duties of agent to principle (fiduciary duties) |
relationship of trust and confidence |
|
|
Performance |
using appropriate (due) care in your job Ex. don't leave the register of cash open |
|
|
Loyalty |
you shouldn't compete with your employer Ex. You cant steal employees from a place you work, to come work for you |
|
|
tort |
wrongful act leading to lawsuit |
|
|
Tort liability of principle for agent's mess up |
when A person who is always responsible for his/her own torts Ex. A surgen if he messes up a surgery |
|
|
Respondent superior |
the principle is liable for the tortes (injuries caused by) his agents committed within the scope of their job. Ex. farmer is responsible for his farm hand getting hurt. |
|
|
detour |
the agent and principal act both liablility both are responsible if injured |
|
|
frolic |
you are liable, company is not |
|
|
Intentional acts |
company is liable if committed within the scope of your job ex. security guard |
|
|
Independent contractor |
no control, not responsible for torts |
|
|
Equal pay act of 1963 and exceptions |
women with same job as men get same pay |
|
|
Occupational Safety and health act of 1970 Purpose? Duties of employer? |
Prevent workplace injuries Provide safe workplace and keep good records |
|
|
workers comp |
Before workers comp, an injured worker had to sue employer for negligence (had to prove duty breach, and injury |
|
|
assumption of risk |
if the job was dangerous = no recovery |
|
|
contributory negligence |
if the injury was partly the fault of the worker=no $ for injury |
|
|
fellow servant rule |
if the injury caused by coworkers negligence, no recovery |
|
|
common law defenses (for employers) |
assumption of risk contributory negligence fellow servant rule |
|
|
Purpose of workers comp? |
to compensate injured workers |
|
|
Rationale for workers comp (why its good basically) |
its a cost of doing business employer can get insurance spreads cost around individuals dont suffer financially |
|
|
Proof in workers comp claim |
injury was an accident the injury was job related |
|
|
Common law defenses do not apply |
worker will win even if the common laws apply because they are more likely to be injured than the general public |
|
|
When employees aren't covered |
traveling to and from work horseplay weather related injuries |
|
|
exclusive remedy |
you can recover from workplace remedies, but you cannot sue your employer |
|
|
exception to exclusive remedy |
if injured by a machine |
|
|
Unemployment insurance |
allows laid off workers to get payment for 26 weeks |
|
|
requirements |
involuntarily terminated must be ready, willing, and able to work (seeking employment) dont get it if fired for misconduct |
|
|
your doing good |
keep going |
|
|
Employment at will doctrine |
an employee can quit or be fired at any time without reason |
|
|
14th amendment equal protection clause |
No government body shall deny anyone equal protection |
|
|
How to determine if a law violates the equal protection clause? Government must show... what? |
if race use the strict scrutiny test if gender, use the heightened scrutiny test If age or economics, use the rational basis test (state usually wins this one) |
|
|
what happened in the Brown v. Board of education 1954 |
separate but equal schools supreme court ruled they are not equal |
|
|
affirmative action |
plans designed to make up for historical discrimination against women and minorities |
|
|
what was the Bakke case |
white guy denied admission even though he had better grades bakke won the case because it was ruled unconstitutional |
|
|
Michigan law school case |
Michigan won because they used a critical mass instead of a quota diversity is compelling, and critical mass is not a quota |
|
|
Michigan undergrad case michigan lost because... |
michigan admitted freshman on a 150 point scale minorities started off with 20 points |
|
|
Purpose of the civil rights act of 1964 |
to prevent discrimination in the work place based on race, color, religion, sex, or national origin |
|
|
Categories of discrimination under the civil rights act of 1964 |
disparate treatment disproportionate impact |
|
|
Disparate treatment |
open and obvious dicrimination ex. strip club, mid wife |
|
|
elements of prima facie case plaintiff must prove... |
they belong to a protected class (race, gender)
qualified apply or working there discriminated against |
|
|
defense (BFOQ) bonefide occupational qualifications |
some jobs require a person to be of a certain gender, religion, or national origin (never race) Ex. priest, female prison guard |
|
|
Disproportionate impact |
neutral policies that discriminate against a group (height and weight requirements) |
|
|
Defense to disproportionate impact |
legal if related to the job |
|
|
Sexual harassment elements |
if It was unwelcome sexual conduct if it created an abusive or hostile environment |
|
|
Factors of sexual harassment |
frequency severity was it humiliating |
|
|
Age discrimination in employment act protects those who are |
over 40 qualified to work there must have applied or be working there discriminated against |
|
|
Americans with disabilities act |
employers cannot discriminate against a disabled employee who can do the job with or without a reasonable accomodation |
|
|
sherman anti trust act |
keeps competitors from working together (price fixing) |
|
|
Robinson patman act deals with price discrimination |
It prevents selling the same product to different customers at different prices |
|
|
Clayton act section seven deals with company mergers |
Ex. If coke bought pepsi that would be a HORIZANTAL merger between companies |
|
|
Sherman act section two deals with monopolies |
Its not illegal to be a monopoly, the company just cant act like one Ex. Lowering prices to drive out a competitor |
|
|
Josephsons thoughts on why good people do bad things |
Cynicism...politicians and athletes
rationalization...when we want something badly enough we will justify our behavior winning becomes a moral imperative... if you believe you have a moral obligation to win, not just a desire to win, you will do whatever it takes to win |
|
|
Influences on individuals in the business setting |
corporate culture...values, beliefs, goals significant others...work group, peers, managers (most influence) Opportunity...relates to ethical or unethical behavior |
|
|
theories dealing with ethical dilemmas egoism... enlightened egoism... utilitarianism... |
egoism...act in own self interest enlightened egoism..self intrest and others utilitarianism... produces the greatest good for the greatest number of people |
|
|
categorical imperative |
developing your talents |
|
|
Virtue ethics (from aristotle) |
character traits and habits |
|
|
Rawls social justice |
decisions made because of norms (veil of ignorance) |
|
|
Blanchard and Peale test...dealing with dilemmas |
how does it make me feel |
|
|
Laura model |
could i tell my grandma what i did? |
|
|
Sarbanes Oxley act |
Requires CEO's to sign financial statements certifying that they are true, and dont have misleading statements. |
