April 8 Exam

Question 1

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

Answer 1

Employment at Will

Question 2

What is the most common exception to that doctrine?

Answer 2

contract

Question 3

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

Answer 3

Title VII of the Civil Rights Act, 1964

Question 4

The Texas law that is analogous to that law is called

Answer 4

Texas Commission on Human Rights Act

Question 5

ADA stands for_____________________ and ADEA stands for _______________________________________.

Answer 5

Americans with Disabilities

Age Discrimination in Employment Act

Question 6

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

Answer 6

40

Question 7

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

Answer 7

15

Question 8

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

Answer 8

12

50

Question 9

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

Answer 9

Texas Juror Reemployment Act

Question 10

What is the two word phrase that defines promissory estoppel?

Answer 10

Detrimental Reliance

Question 11

Explain promissory estoppel as it relates to employemnt law.

Answer 11

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

Question 12

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

Answer 12

zero

Question 13

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

Answer 13

zero

Question 14

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

Answer 14

never

Question 15

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

Answer 15

yes

Question 16

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

Answer 16

no

Question 17

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

Answer 17

exhausting all administrative remedies

Question 18

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

Answer 18

prima facie

Question 19

SLNDR stands for

Answer 19

single legitimate non-discriminatory reason

Question 20

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

Answer 20

Right to Work

Question 21

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

Answer 21

Excecutive

Question 22

The definition of disability under the ADA is

Answer 22

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

Question 23

What are the sections of the ADA called

Answer 23

Titles

Question 24

How many sections does the ADA have?

Answer 24

5 Titles

Question 25

Which one covers employment?

Answer 25

Title I

Question 26

Which one covers places of public accommodations?

Answer 26

Title III

Question 27

What does Title II of ADA cover?

Answer 27

State and Local Government

Question 28

What does Title IV of ADA cover?

Answer 28

Telecommunications

Question 29

What does Title V of ADA cover?

Answer 29

Misc Provisions, including Retaliation

Question 30

Name three protected classes in terms of employment discrimination

Answer 30

``` race color sex religion nation of origin ```

Question 31

Name five major life activities under the ADA

Answer 31

``` walking breathing bending eating bathing ```

Question 32

EEOC stands for

Answer 32

Equal Employment Opportunity Commission

Question 33

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

Answer 33

300

Question 34

After EEOC investigates, it issues a

Answer 34

Right to Sue Letter

Question 35

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

Answer 35

90

Question 36

Which President pushed through passage of the Civil Rights Act?

Answer 36

Lyndon Johnson

Question 37

Two broad categories of evidence:

Answer 37

Documentary evidence | Testimony under oath

Question 38

What is the source for evidentiary rule on federal courts?

Answer 38

Federal Rules of Evidence

Question 39

To exclude witnesses from the courtroom, one side must

Answer 39

Invoke the Rule

Question 40

What happens if a witness violate the previous question?

Answer 40

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

Question 41

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

Answer 41

judicial notice

Question 42

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

Answer 42

relevant.

Question 43

Reputation is one method of proving

Answer 43

character

Question 44

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?

Answer 44

No (Subsequent remedial measures)

Question 45

Name two privilege "pairings"

Answer 45

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

Question 46

Every witness must ___________________before testifying in court.

Answer 46

declare an oath or affirmation

Question 47

The scope of direct examination is limited by

Answer 47

pleadings

Question 48

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

Answer 48

no

Question 49

Under what circumstances may leading questions be asked on direct?

Answer 49

none

Question 50

Answers to interrogatories cannot be used as evidence by the

Answer 50

person who answered the interrogatories.

Question 51

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

Answer 51

foundation

Question 52

To impeach a witness means to prove that the witness is

Answer 52

lying.

Question 53

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

Answer 53

prior inconsistent statement.

Question 54

What is the definition of hearsay?

Answer 54

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

Question 55

Name three hearsay exceptions

Answer 55

``` 1. 2. 3. 4. 5. 6. 7. 8. 9. ```

Question 56

Two broad categories of property are

Answer 56

real property and personal property

Question 57

Under which category are crops?

Answer 57

real property (vegetation)

Question 58

Under which category are pets?

Answer 58

personal property

Question 59

Under which category are minerals

Answer 59

real property (subsurface rights)

Question 60

Name 3 ways in which personal property may be acquired?

Answer 60

``` purchase produce gift inheritance mislaid property lost property ```

Question 61

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

Answer 61

estate in land.

Question 62

The highest form of ownership of real property is called

Answer 62

fee simple absoluteq

Question 63

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

Answer 63

reversion and remainder

Question 64

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

Answer 64

joint tenancy

Question 65

How many states recognize community property of a married couple?

Answer 65

9

Question 66

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

Answer 66

grantor | grantee

Question 67

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

Answer 67

Texas Security Deposit Law

Question 68

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

Answer 68

Neill Graves

Question 69

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

Answer 69

Denise Pitchko

Question 70

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

Answer 70

9-21-2012

Question 71

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

Answer 71

Sister-in-law

Question 72

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?

Answer 72

Danny Vara

Question 73

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

Answer 73

she had a stroke

Question 74

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

Answer 74

U R A JERK

Question 75

What are the names of the defendant's sons?

Answer 75

Sean and Colin

Question 76

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

Answer 76

Samantha Star | Lucy Bishop