BUSA > Exam 3 > Flashcards

Exam 3 Flashcards

(112 cards)

Study These Flashcards
1
Q

Harris case v Forklift

A

Sexual harassment
Theresa Harris was manager, president harassed her and made sexual comments in front of others. Before she quit she told her boss who said he would but didn’t so she quit and sued for sexual harrasment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Waldo case V Consumers energy

A

Sexual harassment
Theresa Waldo first woman employed by Consumers energy as electrical line worker. Male employees refused to work with her, locked her in restroom, called her derogatory names, etc. she reported but HR did not investigate. She sued for sexual harassment in violation of title 6, was awarded compensatory and punitive damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Lin case V Spring Mtn Adventures

A

Release of liability
Lin went skiing and rented equipment. Signed a release form without reading it, injured herself while skiing and sued for negligence. Lin LOST bc she signed the release of liability form

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

NY times V Sullivan

A

Public figure standard - libel
-set the actual malice standard. One of key decisions in supporting freedom of the press. States that in order to sue, plaintiff (public figure) most prove intentional or gross negligence by defendant (the press)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Themed restaurant case V Zagat Survet

A

Trade libel/Disparagement
Zagat was sued by Themed Restaurants for posting a negative review about their restaurant. Zagat WON bc their statements were opinions not statements of fact and couldn’t be considered libel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

McPherson case

A

Standing to sue/product liability

Stated you have a standing to sue for product liability even if you were not the purchased of the product

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Terry v Ohio

A

Reasonable suspicion
Supreme Court held that 4th amendment prohibition on unreasonable search and seizure is not violated when a police stops & frisks without probable cause for arrest IF police has REASONABLE SUSPICION that the person has, is, or is about to commit A crime and may be “armed and presently dangerous”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Maryland case v King

A

Reasonable search and seizure (DNA)
King conceal his face and broke into a woman’s home armed and he raped her. Police cannot identify him by face book found traces of his DNA from the victim. King was arrested for assault and police swabbed his cheek per normal procedure. DNA matched from rape case. King was convicted. He alleges that the DNA taken from the jail swab violated fourth amendment as an unreasonable search and could not be used to convict him in the rape case. US Supreme Court ruled the DNA swab as reasonable search and seizure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Riley case V California

A

Unreasonable search and seizure (cell phone)

Rules that without a warrant police cannot search digital info on a cell phone from a person who has not been arrested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Walmart case V Cockrell

A

Walmart loss prevention officer thought man looks suspicious and took him in managers office where he told him to pull his pants down, take off his shirt, and remove a bandage on his abdomen covering a surgical room. He did not find evidence of shoplifting so he let him go. He sued Walmart for false imprisonment and was awarded $300,000 for mental anguish

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Social media policies

A

Employees represent the company 24/7 - brand ambassador
No harassing, discrimination, libel, trade secrets, etc. on social media
No negative post about company

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

NLRA SECTION 7

A

If employees “PROTECTED AND CONCERTED ACTIVITY” about wages or work conditions to reach other employees and that is protected even for at will employees - even if employers have employees agree to a specific clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

“AT WILL EMPLOYEE”

A

Employee can be dismissed by employee for any reason and with no warning as long as the reason is not illegal (discrimination)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

In GA, an “at will employee” can be fired for any reason unless…

A

1- CONTRACT
2- UNION -collective bargaining agreement -national labor relations board (NLRB)
3- NATIONAL LABOR RELATIONS ACT, SECTION 7
4- EMPLOYEE HANDBOOK
5- DISCRIMINATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

NLRB

A

Overseas union elections, prevent employers and unions from engaging in illegal and unfair practices, and enforces and interprets certain federal labor laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Collective Bargaining Agreement

A

Contract that results from a negotiation between an employer and members of a union

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

NLRA (National Labor Relations Act) AKA WAGNER ACT

A

Federal statute that establish rights of employees to from enjoying labor organizations, to bargain collectively with employers, and engage in protest or concerted activity to promote rights.
Section 7 gives employees the right to organize join and assist labor unions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

TITLE VIII

A

Federal statute (civil rights act of 1964): makes it illegal to discriminate in employment, housing, transportation, and public accommodations based on race, national origin, Color, sex and religion. Currently sexual orientation is not covered under title.
Employers must have 15 or more employees
File a civil action against employer not employee who is harassing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Employers must have ___ or more employees under title 6

A

15

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Must file a complaint within ___ days of last discriminatory action

A

180

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

File a complaint with __

A

Equal Employment Opportunity Commission (EEOC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Must have ____ ____ of discrimination or show adverse impact

A

Direct evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Adverse impact

A

When a company has a seemingly neutral policy that is designed to discriminate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Quid Pro Quo

A

“This for that” sexual favors are requested in order to obtain or advance in a job

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Hostile work environment
Involves sexual or racial harassment against other protected classes that creates a physically Threatening or humiliating workplace, negatively affects and employees ability to do work, or unreasonably interferes with employees work performance
26
Severe and pervasive
Must happen more than once to be covered under title 6
27
Employers need to write and distribute a ____________
Zero tolerance harassment policy - must investigate harassment - have procedures to report without retaliation - prompt remedial action
28
Religious discrimination- employee must try to ____ ___ to religion, but if it’s burdensome on the employer then employee may have no ground
Reasonable accommodate
29
Americans with disabilities act (ADA)
Applies if employer has 15 or more employees | -employee must make reasonable accommodations for those with disabilities unless it causes “undue hardship”
30
DISABILITY EXCLUSIONS
Compulsive gambling, kleptomania, pyromania
31
Damages under title 6 and ADA
- reinstatement/back pay - “front pay” and compensatory damages 2 years from date of trial/damages - attorney fees/punitive damages
32
AGE DISCRIMINATION- protects individuals age ___ and older. Employer must have ___ or more employees.
40, 20
33
CAN or CAN’T discriminate against being “too young” but not “too old” ?
CAN
34
FMLA (Family Medical Leave Act) Applies if employer has ___ or more employees within a ___ mile radius. Employee eligible for up to ___ weeks unpaid leave in a ___ month period to attend family. Applies to employees who have worked ____ or ___ hours. Employee guaranteed _____ ___ upon return.
``` 50 75 12 12 1 year or 1250 Equivalent Job ```
35
Workers compensation
Workers injured in connection with their jobs - NO NEED TO PROVE EMPLOYERS NEGLIGENCE - MUST REPORT INCIDENT ASAP (in GA must report within 30 days.. in writing though more credible if reported same day as injury)
36
Unemployment insurance/compensation
Employers pay insurance government pays compensation to workers were temporarily unemployed if they are fired or laid off and have worked for certain period of time
37
Constructive firing
Try to force someone to quit instead of firing them if employee has documentation they may still have unemployment argument
38
Elements of negligence
Duty Breach of duty Proximate cause Damages
39
DUTY- ordinary care
Must act reasonable. Highest level of duty | Invitee:business customers
40
Duty to warn of known defects
Licensee: people who visit house for non business reasons (guest)
41
Dangerous instrumentalities
Cannot intentionally create dangers in order to prevent trespassers
42
Social host statute
If you serve alcohol in your home to someone under 21 and they get in a car accident you are liable. If they are 21+ you can be liable if they leave your home in a state of noticeable intoxication.
43
STATUTE OF LIMITATIONS personal injury/wrongful death: __ years Property damage: ____ years Loss of consortium: ____ years
2 4 4
44
Release of liability
Contract that relieves one or both parties to a contract from tort liability for ordinary negligence. Must be written reasonable. Very important in your business!
45
Fraud/misinterpretation
Lied about an important factor in the contract
46
Assault/battery
Injure someone on purpose
47
False imprisonment
Hold someone against their will; citizens arrest under false circumstances
48
Intentional interference with contractual relations
A third-party purposely tries to break someone else’s contract
49
Slander/Libel
Slander equals spoken. Libel equals written
50
Private figure standard:
As a plaintive, all you have to show is negligence slander/libel (not intentional)
51
Public figure standard
Must also show intentional or gross negligence
52
Slander/Libel Per Se
Don’t have to prove you were actually damaged
53
3 DEADLY STATEMENTS
1. Say you committed a crime you did not commit 2. False statements about someone in their profession 3. Say someone has an STD and they don’t
54
Slander/Libel Per Quod (special damages)
Must be able to prove special damages
55
Newspaper Retraction
If a newspaper libels you, you can send a letter demanding retraction. If they retract in seven days you can sue but cannot receive punitive damages. After seven you can.
56
Anonymous posting on internet revisited
You sue John Doe and if your harm outweighs there anonymous right then they can subpoena
57
What is strict liability?
Liability without fault of the defendant
58
3 types of strict liability cases
1. Wild undomesticated animals in your home 2. Engage in lawful but dangerous business activities (fireworks) 3. Products liability: Sue a manufacturer of a product where the product harms you
59
Privity of contract not necessary means:
You don’t have to be the person who purchased the product to file a case
60
3 Strict liability theories to sue manufacturer of product:
1: entire design is defective 2: only product you bought is defective 3: failure to warn (MD coffee case)
61
defenses to product liability case:
1. Superseding event: something happened to product after leaving the manufacturer 2. Misuse of product
62
Mens Rea:
Intent to commit a crime
63
Actus Reus:
Voluntary physical act of committing the crime
64
Strict liability crime:
No mens rea but crime is still committed and you are still liable
65
How many years is a FELONY in prison?
1+
66
What can a misdemeanor get you in prison?
Max is 1 year and $1000 in fines
67
District attorney prosecuted __
Felonies
68
Solicitors office prosecutes ___
Misdemeanors
69
US attorneys office prosecutes ___
Federal crimes
70
Torts:
Civil wrong against a person or society
71
Negligence per Se:
When you file a civil action after a defended has been convicted of a criminal action. The conviction will act as conclusive proof of liability in the civil action only if it has a rational relationship
72
HOMICIDE: Involuntary manslaughter
Commit a crime or causes someone else’s death due to reckless or grossly negligent conduct (1-10 YEARS IN PRISON FOR 1ST OFFENSE)
73
Voluntary manslaughter:
Intentional lawful killing that is not premeditated but occurs under circumstances that would cause a person to become emotionally upset -> crime of passion (1-20 YEARS)
74
Felony murder:
Murder committed during the commission of another crime, even if murder was not original intent. Even if you did not kill but are involved in the crime you can get life in prison
75
Expressed Malice murder:
Premeditated murder
76
Implied Malice murder:
Cause someone’s death with a “depraved abandoned heart” your actions implied a conscious disregard for human life
77
Self defense
If you or a third-party face imminent death or substantial bodily harm you can use deadly force
78
Defense of home
Does not apply to personal property
79
4th Amendment
Protects the rights of the people from unreasonable SEARCH AND SEIZURE by the gov
80
What’s not protected by 4th amendment?
Stop and frisk | Reasonable suspicion: police can stop and question you
81
Warrant to search
Police heed probably cause based on objective, articulated facts
82
Existent circumstances
No warrant needed; used in emergency scenarios
83
Evidence in plain view
Within rights of warrant and in plain view (have warrant to search Home but kilo of coke in plain view on porch)
84
Suppressed evidence
Evidence the jury never sees. TAINTED EVIDENCE WILL BE SURPRESSED
85
Exclusionary rule
Evidence will be EXCLUDED if police are not lawfully present
86
Fruit of the poisonous tree Doctrine
If tainted evidence leads to more evidence the new evidence is also tainted unless the police would have found it anyway
87
Automobiles can only be searched in __ __
Plain view
88
Permission to search:
You must give permission or they are not allowed. If u give permission and they find something u can be arrested
89
Lawful stop
Legitimate reason for police to pull you over
90
Random stop
Are lawful if down correctly (roadblock)
91
Hot pursuit
If police are chasing you they do not need a warrant to follow you into a private home
92
FEDERAL DUE PROCESS | STATE DUE PROCESS
5th Amendment | 14th Amendment
93
5th Amendment
Due process, person cannot be compelled to give testimony against himself
94
Grand jury
Group of citizens (23-29 people) who sit in a room in SECRECY and a prosecutor shows evidence. You can be present and testify but your attorney can’t be present.
95
Indictment
Grand jury decides there is enough evidence to hold a trial
96
Double jeopardy
You cannot be CRIMINALLY tried twice for the same crime - but you can in the same crime different statutes
97
Right against self incrimination
During a interrogation... keep mouth shut. You could say wrong thing and be innocent but get charges
98
Eminent domain
The right of the government to take your property for a public purpose and pay you fair and just compensation
99
6th Amendment
``` RIGHT TO JURY TRIAL SPEEDY PUBLIC TRIAL CRIME TO BE TRIED IN VENUE IT WAS COMMITTED RIGHT TO COUNSEL CONFRONT ADVERSE WITNESSES ARRAIGNMENT ```
100
Arraignment
The right to hear ALL CHARGES against you in an open court
101
8th Amendment
PROTECTS AGAINST CRUEL AND UNSUAL PUNISHMENT No excessive bail Death penalty does not apply BUT GA SUPREME COURT ruled ELECTRIC CHAIRS cruel & unusual
102
Bankruptcy debt affirmation agreement
Allows you to keep certain debts. Can get out of it. Anytime before bankruptcy discharge or within 60 days of filing in court - whichever date is later
103
Bankruptcy Discharge
No longer in bankruptcy - stays on credit for 10 years - other bad debt stays on for 7 years
104
3 day contract cancel:
Only if: - in writing - purchase over $25 - item was purchased at a place which is not the merchants regular place of business. Called the FEDERAL CODING OFF LAW
105
Landlord-Tenant: Recovering Security Deposit
If landlord has 10 or more units they have 30 days to give you either security deposit or itemized list of damages. If they INTENTIONALLY don’t comply, you can get 3 times the amount.
106
Repair and Deduct:
If landlord does not fix something that is broken, you can repair and deduct from rent. (Must have documentation where you tried to get them to fix it)
107
How many days summons to write an answer for EVICTION?
7 days
108
FTC Federal Trade Commission: FAIR DEBT COLLECTION ACT
Protects consumer debtors from abusive, deceptive & unfair practices by debt collectors. Cannot contact u before 8am and after 9pm at ur home. Can not call u at work and discuss your debts with someone else.
109
FAIR CREDITING REPORTING ACT
Protects customers who are subjects of a credit report by setting guidelines for credit bureaus. If a company will not fix false statements on your credit report once you dispute then you can sue.
110
STATE- GA OFFICE OF CONSUMER AFFAIRS - they enforce GA Fair Business Practices Act OR
GA consumer statute
111
Lemon Law
Only applies to NEW CARS IN GA | IF DRIVEN LESS THAN 24K MILES or 2 YEARS (whichever first) AND CAR HAS MAJOR NON CONFORMITIES, you can demand a new car.
112
Magistrate Court
SMALL CLAIMS, up to $15,000 | IMPORTANT THAT YOU DOCUMENT EVERYTHING AND BRING TO COURT
BUSA
flashcards
Decks in class (1)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions