April 8 Exam Flashcards Preview

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Flashcards in April 8 Exam Deck (76):
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

Employment at Will

2

What is the most common exception to that doctrine?

contract

3

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

Title VII of the Civil Rights Act, 1964

4

The Texas law that is analogous to that law is called

Texas Commission on Human Rights Act

5

ADA stands for_____________________ and ADEA stands for _______________________________________.

Americans with Disabilities
Age Discrimination in Employment Act

6

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

40

7

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

15

8

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

12
50

9

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

Texas Juror Reemployment Act

10

What is the two word phrase that defines promissory estoppel?

Detrimental Reliance

11

Explain promissory estoppel as it relates to employemnt law.

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

12

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

zero

13

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

zero

14

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

never

15

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

yes

16

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

no

17

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

exhausting all administrative remedies

18

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

prima facie

19

SLNDR stands for

single legitimate non-discriminatory reason

20

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

Right to Work

21

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

Excecutive

22

The definition of disability under the ADA is

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

23

What are the sections of the ADA called

Titles

24

How many sections does the ADA have?

5 Titles

25

Which one covers employment?

Title I

26

Which one covers places of public accommodations?

Title III

27

What does Title II of ADA cover?

State and Local Government

28

What does Title IV of ADA cover?

Telecommunications

29

What does Title V of ADA cover?

Misc Provisions, including Retaliation

30

Name three protected classes in terms of employment discrimination

race
color
sex
religion
nation of origin

31

Name five major life activities under the ADA

walking
breathing
bending
eating
bathing

32

EEOC stands for

Equal Employment Opportunity Commission

33

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

300

34

After EEOC investigates, it issues a

Right to Sue Letter

35

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

90

36

Which President pushed through passage of the Civil Rights Act?

Lyndon Johnson

37

Two broad categories of evidence:

Documentary evidence
Testimony under oath

38

What is the source for evidentiary rule on federal courts?

Federal Rules of Evidence

39

To exclude witnesses from the courtroom, one side must

Invoke the Rule

40

What happens if a witness violate the previous question?

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

41

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

judicial notice

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

relevant.

43

Reputation is one method of proving

character

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?

No (Subsequent remedial measures)

45

Name two privilege "pairings"

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

46

Every witness must ___________________before testifying in court.

declare an oath or affirmation

47

The scope of direct examination is limited by

pleadings

48

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

no

49

Under what circumstances may leading questions be asked on direct?

none

50

Answers to interrogatories cannot be used as evidence by the

person who answered the interrogatories.

51

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

foundation

52

To impeach a witness means to prove that the witness is

lying.

53

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

prior inconsistent statement.

54

What is the definition of hearsay?

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

55

Name three hearsay exceptions

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

56

Two broad categories of property are

real property and personal property

57

Under which category are crops?

real property (vegetation)

58

Under which category are pets?

personal property

59

Under which category are minerals

real property (subsurface rights)

60

Name 3 ways in which personal property may be acquired?

purchase
produce
gift
inheritance
mislaid property
lost property

61

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

estate in land.

62

The highest form of ownership of real property is called

fee simple absoluteq

63

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

reversion and remainder

64

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

joint tenancy

65

How many states recognize community property of a married couple?

9

66

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

grantor
grantee

67

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

Texas Security Deposit Law

68

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

Neill Graves

69

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

Denise Pitchko

70

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

9-21-2012

71

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

Sister-in-law

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?

Danny Vara

73

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

she had a stroke

74

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

U R A JERK

75

What are the names of the defendant's sons?

Sean and Colin

76

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

Samantha Star
Lucy Bishop