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Paralegal Course > April 8 Exam > Flashcards

April 8 Exam Flashcards

1
Q

The doctrine that an employee may be fired for any reason or no reason at all, as long as no employment discrimination statute is violated, is called

A

Employment at Will

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2
Q

What is the most common exception to that doctrine?

A

contract

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3
Q

The main federal law that deals with employment discrimination is (full name)

A

Title VII of the Civil Rights Act, 1964

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4
Q

The Texas law that is analogous to that law is called

A

Texas Commission on Human Rights Act

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5
Q

ADA stands for_____________________ and ADEA stands for _______________________________________.

A

Americans with Disabilities

Age Discrimination in Employment Act

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6
Q

You must be at least __________ years of age to be covered by ADEA.

A

40

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7
Q

How many employees must you have to be covered by Title VII of The Civil Rights Act, 1964?

A

15

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8
Q

To be covered by FMLA, an employee must have worked _________(length of time) for the employer and there must be ________ or more employees.

A

12

50

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9
Q

What is the name of the law that covers people serving on a jury?

A

Texas Juror Reemployment Act

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10
Q

What is the two word phrase that defines promissory estoppel?

A

Detrimental Reliance

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11
Q

Explain promissory estoppel as it relates to employemnt law.

A

When an employee depends on the employer to the employees detriment. (sold house, bought new home, moved to new city ex. for job)

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12
Q

How many breaks are required by law in an 8-hour workday?

A

zero

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13
Q

How much paid sick leave is an employee required by law to get each year?

A

zero

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14
Q

How often does the law require that an employee be allowed to inspect his/her personnel file?

A

never

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15
Q

May an employer lawfully ask an applicant how she will get to work?

A

yes

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16
Q

May an employer lawfully ask if an applicant has ever been arrested?

A

no

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17
Q

The requirement that you file a complaint with the EEOC before you file a lawsuit is called

A

exhausting all administrative remedies

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18
Q

In court in an employment discrimination case, the plaintiff must first make a ____________- case.

A

prima facie

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19
Q

SLNDR stands for

A

single legitimate non-discriminatory reason

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20
Q

_______________ means that you do not have to belong to a union to get employment in Texas.

A

Right to Work

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21
Q

Under which branch of government are most administrative agencies, such as EEOC?

A

Excecutive

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22
Q

The definition of disability under the ADA is

A

a physical or mental impairment that substantially limits one or more major life activities.

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23
Q

What are the sections of the ADA called

A

Titles

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24
Q

How many sections does the ADA have?

A

5 Titles

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25
Q

Which one covers employment?

A

Title I

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26
Q

Which one covers places of public accommodations?

A

Title III

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27
Q

What does Title II of ADA cover?

A

State and Local Government

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28
Q

What does Title IV of ADA cover?

A

Telecommunications

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29
Q

What does Title V of ADA cover?

A

Misc Provisions, including Retaliation

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30
Q

Name three protected classes in terms of employment discrimination

A 
race
color
sex
religion
nation of origin
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31
Q

Name five major life activities under the ADA

A 
walking
breathing
bending
eating
bathing
32
Q

EEOC stands for

A

Equal Employment Opportunity Commission

33
Q

A person has ________ days to file a claim with the EEOC after the adverse employment action.

A

300

34
Q

After EEOC investigates, it issues a

A

Right to Sue Letter

35
Q

After a Right to Sue Letter, you have _____ days to file suit in court.

A

90

36
Q

Which President pushed through passage of the Civil Rights Act?

A

Lyndon Johnson

37
Q

Two broad categories of evidence:

A

Documentary evidence

Testimony under oath

38
Q

What is the source for evidentiary rule on federal courts?

A

Federal Rules of Evidence

39
Q

To exclude witnesses from the courtroom, one side must

A

Invoke the Rule

40
Q

What happens if a witness violate the previous question?

A

Witness can be held in contempt and his/her testimony is inadmissible

41
Q

If a judge accepts a document from the IRS, regarding the interpretation of a part of the tax code, s/he is taking ________________.

A

judicial notice

42
Q

Any evidence that has a tendency to make the existence of any fact that is of consequence to the determination of the action more probably or less probably that it would be with the evidence is

A

relevant.

43
Q

Reputation is one method of proving

A

character

44
Q

If I am injured by a defective product, and then they change the design of the product so it isn’t defective, can I introduce that fact at trial to show that the product was defective?

A

No (Subsequent remedial measures)

45
Q

Name two privilege “pairings”

A

husband-wife
physician-patient
clergy-pentitent
lawyer-client

46
Q

Every witness must ___________________before testifying in court.

A

declare an oath or affirmation

47
Q

The scope of direct examination is limited by

A

pleadings

48
Q

Is cross examination in Texas limited to what was discussed on direct?

A

no

49
Q

Under what circumstances may leading questions be asked on direct?

A

none

50
Q

Answers to interrogatories cannot be used as evidence by the

A

person who answered the interrogatories.

51
Q

What is another word for predicate in terms of laying the predicate?

A

foundation

52
Q

To impeach a witness means to prove that the witness is

A

lying.

53
Q

The most common way in which a witness is impeached is by using a

A

prior inconsistent statement.

54
Q

What is the definition of hearsay?

A

an out of court statement offered in court to prove the truth of the matter asserted.

55
Q

Name three hearsay exceptions

A 
1.
2.
3.
4.
5.
6.
7.
8.
9.
56
Q

Two broad categories of property are

A

real property and personal property

57
Q

Under which category are crops?

A

real property (vegetation)

58
Q

Under which category are pets?

A

personal property

59
Q

Under which category are minerals

A

real property (subsurface rights)

60
Q

Name 3 ways in which personal property may be acquired?

A 
purchase
produce
gift
inheritance
mislaid property
lost property
61
Q

The bundle of legal rights that the owner of land has to possess, use, or enjoy the property is called

A

estate in land.

62
Q

The highest form of ownership of real property is called

A

fee simple absoluteq

63
Q

What are the two forms of future interests in real property?

A

reversion and remainder

64
Q

A form of joint ownership that includes a right of survivorship is called

A

joint tenancy

65
Q

How many states recognize community property of a married couple?

A

9

66
Q

In a real property transfer, the seller is called the _________ and the buyer is called the __________________.

A

grantor

grantee

67
Q

What is the name of the law that covers deposits for apartments?

A

Texas Security Deposit Law

68
Q

In the mock trial, what is the name of the security guard who will testify?

A

Neill Graves

69
Q

In the mock trial, what is the name of the neighbor who will testify?

A

Denise Pitchko

70
Q

In the mock trial, on what date does the plaintiff believe the tort took place?

A

9-21-2012

71
Q

In the mock trial, what is the relationship of the defendant to the person who kept her sons on the Saturday in question?

A

Sister-in-law

72
Q

In the mock trial, what was the first and last name of the plaintiff in the case on which the plaintiff and defendant were working?

A

Danny Vara

73
Q

In the mock trial, what is the main health issue of the defendant’s mother?

A

she had a stroke

74
Q

In the mock trial, what was scratched into the car?

A

U R A JERK

75
Q

What are the names of the defendant’s sons?

A

Sean and Colin

76
Q

Give the names of the two paralegals who had been regularly assigned to the plaintiff:

A

Samantha Star

Lucy Bishop

Paralegal Course (29 decks)

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