Set I

Front 1

PRINCIPAL

Back 1

In an agency relationship, the person for whom an agent is acting.

Front 2

AGENT

Back 2

In an agency relationship, one who acts on behalf of a principal.

Front 3

APPARENT AUTHORITY

Back 3

A principal can be liable for the acts of an agent who is not, in fact acting with authority if the principal's conduct causes a third party reasonably to believe that the agent has the authority to act.

Front 4

RESPONDEAT SUPERIOR

Back 4

A rule of agency law holding that a principal is liable when an agent acting within the scope of engagement commits a tort that causes physical harm to a person or property. (Latin for "Let the master answer.")

Front 5

RATIFICATION

Back 5

If a principal accepts the benefit of an unauthorized transaction by an agent or fails to repudiate it, then the principal is bound by the act as if he or she had authorized it.

Front 6

NEGLIGENCE

Back 6

Unintentional breach of a duty of care that causes foreseeable injury to a person or property.

Front 7

FACTUAL CAUSE

Back 7

In order to establish liability for negligence under common law tort, it must be determined that the defendant's behavior was the direct cause of the plaintiff's injuries.

Front 8

DAMAGES

Back 8

Monetary compensation that is awarded by a court in a civil action to a party who has been injured through the wrongful conduct of another party.

Front 9

FORESEEABILITY

Back 9

For a defendant to be liable for negligence under common law tort, the type of harm caused by the negligence must have been reasonably foreseeable.

Front 10

RES IPSA LOQUITUR

Back 10

A doctrine of tort law under which a defendant may be deemed negligent if the facts indicate that the defendant had control over the thing that caused the harm, the injury would not have occurred without negligence, and the plaintiff played no role in causing the injury. (Latin for "The thing speaks for itself.")

Front 11

AT WILL EMPLOYMENT

Back 11

An employment relationship for an unspecified term that can be terminated by either party with or without reason with no liability to the other party beyond the date of termination.

Front 12

INDEPENDENT CONTRACTOR

Back 12

Someone hired to perform work under a contract while retaining control over the means and methods by which the work is accomplished. The person who hires the worker expects to pay for the completed work, but has no control over how the worker gets it done.

Front 13

WRONGFUL DISCHARGE

Back 13

Unjust or unfair termination of an employee based on breach of an express or implied contract or in violation of public policy. An exception to the at-will employment doctrine,

Front 14

DISPARATE IMPACT

Back 14

Employment practices may be considered discriminatory and illegal if they have a disproportionate "adverse impact" on members of a minority group, even though the intent of those practices may be nondiscriminatory.

Front 15

EMPLOYMENT CONTRACT

Back 15

An agreement between the employee and the employer that assigns rights and responsibilities to both parties.

Front 16

COPYRIGHT

Back 16

Ownership of a particular expression of an idea, but not the idea itself.

Front 17

TRADEMARK

Back 17

Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.

Front 18

PATENT

Back 18

A grant by the government permitting inventors exclusive use of their inventions for a specified period (20 years for utility; 14 for design) during which period, no one may make, use, or sell the invention without permission.

Front 19

TRADE SECRET

Back 19

A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors who do not know it.

Front 20

INFRINGEMENT

Back 20

Use of intellectual property rights (such as a patent, trademark or copyrighted material) belonging to someone else without obtaining the owner's permission.