Intro. To Law Final

Front 1

employment-at-will doctrine

Back 1

employment contract where either party may terminate contract at any time for any reason, unless the contract specifies otherwise

Front 2

Agency

Back 2

relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principle)

Front 3

Fiduciary

Back 3

Noun: a person having a duty created by his or her undertaking to act primarily for another's benefit in matters connected with the undertaking
Adjective: a relationship founded on trust and confidence

Front 4

Independent Contractor

Back 4

working conditions and methods are not controlled by the employer

Front 5

Agency by Agreement

Back 5

express or implied agreements

Front 6

Agency by Ratification

Back 6

accepting and giving legal force to an obligation that previously was not enforceable

Front 7

Agency by Estoppel

Back 7

Third party given appearance of agency and principle acts on it and isn't corrected

Front 8

Disclosed Principle

Back 8

A principle whose identity is known to a third party at the time the agent makes a contract with the third party

Front 9

Partially Disclosed Principal

Back 9

A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form contract

Front 10

Undisclosed Principal

Back 10

Principal's identity is unknown by a third person and has no knowlege that the agent is acting for a principal at the time of contract

Front 11

Respondeat Superior

Back 11

a doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment

Front 12

Vicarious Liability

Back 12

Legal responsibility placed on one person for the acts of another, indirect liability imposed on a supervisory party for the actions of a subordinate because of the relationship between the two parties

Front 13

Workers comp

Back 13

acceptance of comp benefits bars you from filing litigation. also bars employers for filing defenses like contributed negligence

Front 14

Norris-LaGuardia Act

Back 14

Peaceful strikes

Front 15

National Labor Relations Act

Back 15

unfair employer practices to labor

Front 16

NLRA

Back 16

National Labor Relations board

Front 17

closed shop

Back 17

Illegal to only hire union workers

Front 18

union ship

Back 18

requires non union workers to join union after certain amount of time

Front 19

right to work laws

Back 19

illegal for union shop

Front 20

Hot-cargo agreement

Back 20

illegal to do business with only union manufacturers

Front 21

EEOC Equal Employment Opportunity Commission

Back 21

victim of alleged discrimination before bringing suit must file claim with the EEOC, doesn't investigate person may file suit

Front 22

Intentional Discrimination

Back 22

disparate-treatment discrimination: must show 1. member of protected class 2. applied and was qualified for the job in question 3. she was rejected by the employer 4. employer continued to seek applicants

Front 23

Prima Facie case

Back 23

met requirements for intentional discrimination, burden of proof goes to defendent

Front 24

Unintentional Discrimination

Back 24

Disparateimpact discrimination: acts not discriminatory in face by in effect
4/5 rule

Front 25

Constructive Discharge

Back 25

termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to quit

Front 26

Quid pro quo harrassment

Back 26

sexual favors are demanded in return for job opps.

Front 27

Hostile workplace harassment

Back 27

the workplace is permeated with discriminatory intimidation, ridicule, and insult

Front 28

Employer liability in harassment

Back 28

taken reasonable care to prevent and correct promptly any sexually harassing behavior, employee failed to follow policies and procedures

Front 29

ADEA-age discrimination in employment act

Back 29

protects from age discrimination, under EEOC, prove member, qualified, discharged based only on age

Front 30

ADA

Back 30

American with Disabilities Act- reasonably accommodate, undue hardship

Front 31

Business Necessity

Back 31

defense to allegations of employment discrimination in which the employer demonstrates that an employment practice that discriminates against memebers of protected class is related to job performance, race never protected

Front 32

Bona Fide Occupational Qualification

Back 32

characteristics necessary to the normal operation of a particular business, gender, national origin, religion, not race

Front 33

Bakke vs U of Cali

Back 33

affirmitive action subject to intermediate scrutiny

Front 34

Adarand Constructors Inc, v, pena

Back 34

affirmative action program using race to make decisions subject to strict scrutiny

Front 35

Hopwood case

Back 35

affirmative action violated equal protection clause in texas

Front 36

S corporation

Back 36

a close business corporation that has met certain requirements as set out by the IRS and thus qualifies for special income tax treatment, S corp is taxed the same as a partnership but its owners enjoy the privilege of limited liability <100 shareholders

Front 37

LLC

Back 37

at least 2 members maybe one, limited liabiliy to members but taxed like partnership or choose to be taxed like corporation

Front 38

LLP

Back 38

family businesses and professional services like accounting and law firms. partners protected from malpractice of other partners

Front 39

Distributorship franchise

Back 39

automobile dealership

Front 40

Chain-style business operation franchise

Back 40

McDonalds

Front 41

Manufacturing or Processing-Plant arrangement franchise

Back 41

coca-cola- give basic formula to company to sell at wholesale or retail price

Front 42

Proxy

Back 42

stockholders has someone vote their shares for them

Front 43

Quorum

Back 43

the nuber of memebers of a decision making body that must be present before business may be transacted

Front 44

Cumulative Voting

Back 44

multiply number of shares by number of board members up for election - gives minority option to put someone on board

Front 45

Derivative Suit

Back 45

suit brought by a shareholder to enforce a corporate cause of action against a third person, only after board fails to act and proceeds go to corp. treasury

Front 46

Pierce corporate veil

Back 46

doesn't act like a corporation, tricked into dealing with corp. rather than individual

Front 47

ICRA

Back 47

prohibit discrimination in companies with 4 or more employees

Front 48

Title VII of 1964 Civil rights act

Back 48

discrimination in companies w/ 15 or more employees illegal - enforced by EEOC

Front 49

O'Connor case

Back 49

40+ is protected, established that if in protected age and fired for age, even if replaced by another age protected person still have a case, prove fired based on age (20+ employees)

Front 50

Rehabilitation Act

Back 50

only applies to federal or federal funded organizations

Front 51

ADA requirements

Back 51

private: 15+ employees
public: doesn't matter

Front 52

Dissabled

Back 52

disability that effects major functions, record of such, regarded as dissabled

Front 53

Oncale v. sundowner

Back 53

same-sex harassment protected

Front 54

Contract Limitations of firing

Back 54

express - just cause
implied - handbook

Front 55

judiciary limitations on firing

Back 55

any laws
fired because of being whitleblower

Front 56

FLSA

Back 56

engaged in interstate commerce
excludes executive w/ 2 employees, administrative, and professional (learned (accountant)) + 455 week No OT pay