Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

GB110 > final exam > Flashcards

final exam Flashcards

1
Q

purposes of administrative agencies

A

congress creates statutes or acts in response to a need.
statute first THEN agency

1) specialization : collect expertise of many
2) legislative gap filling : fill in details of statutes through rules / regulations

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

executive agency

A

president has greater control of it

  • housed within one of the exec. departments.
  • headed by single officer who can be removed by pres. with or without cause

OSHA, IRS, FDA

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

independent agency

A

greater independence from exec. controls

  • headed by several ind. from both political parties, serve staggered terms
  • can only be removed by pres. for wrongdoings

SEC, FTC, SBA

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

legislative power of ad. agency

A

have the force and effect of al aw like a statue.

create the law

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

executive power of ad. agency

A

enforcing the laws they create by

  • info gathering
  • licensing
  • product recalls
  • fines
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

judicial power of ad. agency

A

court like function

- must go before court, push out, cease and desist orders

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

what are the legislative limits to agency power

A 
enabling acts
budget allocation ( agency funding)
freedom of info act FOIA
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what are the executive limits to agency power

A

appointment and removal of agency heads

  • executive orders
  • control over DOJ enforcement litigation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

federal registrar

A

daily government publication
- any changes of any rules in any ad. agency / or new rule is in the federal register
TRANSPARENCY

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

judicial limits to agency power

A

judicial review of agency action / inaction

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

constitutional limits to agency power

A

speech ( agencies can reg. indecent speech)
search (search of premises / inspection)
self incrimination ( cannot prevent disclosure of docs)
jury trail (judicial review is available!)

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

securities act of 1933

A

covers purchase and sale of securities in the U.S.

  • assure that investors receive accurate / complete info about publicly traded companies
  • minimize likelihood of fraud when a company puts securities for sale to public
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is a prospectus

A
  • must be filed when company goes public
    selling document for potential investors
  • includes mission , business operations, financial info (statements) MGMT team , risks and benefits
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

securities exchange act of 1934

A
  • created the SEC
  • requires companies to report info about operations, financials, mgmt practices on periodic basis
  • full disclosure and transparency, info sent to SEC
  • assure all investors have access to info in consistent / understandable format
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

section 10b-5 of SEA 1934

A

unlawful for person indirectly or directly to

1_ employ any device, scheme, artifice to defraud

2) make untrue staetemnt of material fact, or to leave material fact out
3) engage in any fraudulent act relating to purchase or sale of any security

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

insider trading

A

when material nonpublic info is used by an “insider” in the trading of a company’s stock

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

inside info

A

any info about a company’s strategic / financial plans or current operations that is not available to public
ex. mergers, acquisitions, R & D

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

civil penalties for insider trading

A
  • any profit made or loss avoided from the info REMOVED
  • fined up to 3 times amount of profit earned or loss avoided
  • restrictions on types of activities violators can engage in
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

criminal penalties for insider trading

A

up to 20 years in prison

fine of up to $5 for each violate of the SEA of 1934

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

define employment at will

A

employees have the option of quitting their employment at any time for any reason
- unless contract or union contract

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

3 exceptions to employment at will

A

PIC
public policy exception
implied contract exception
covenant of good faith and fair dealing

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

public policy exception to employment at will

A

employers cannot fire employee for a “bad reason”

  • whistle-blower protection (external reporting > internal reporting)
  • cannot be fired because you refused to perform illegal act
  • cannot be fired for exercising a right / privilege (ex. firing workers comp claim)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

implied contract exception to employment at will

A

limits employer’s right to fire the employee even though there is no express contract

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

covenant of good faith and fair dealing exception to employment at will

A

termination must be based on just cause, NOT on malice or ill will
only recognized in a handful of states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

two ways employers monitor employees

A

1 - drug testing

2- electronic monitoring

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

why do employers do electronic monitoring

A
  • protection from legal liability
  • track employee job performance
  • ensure confidential docs and trade secrets not transmitted
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

drug testing : monitoring employees

A

public employees protected from being drug tested randomly

private employees are not protected

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

title 7 of CIVIL RIGHTS ACT prohibits employment discrimination on the basis of :

A 
RRCNG
race
religion
color
national origin 
gender
  • INTENTIONAL AND UNINTENTIONAL
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

requirement for employer to be covered by title 7

A
  • employer have 15+ employees
  • state and local gov. agencies 15+
  • federal gov. agencies automatically covered
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

procedure for title 7

A

1) employee files claim with EEOC
2) EEOC gathers info, encourages parties to mediate
3) either brings claim against employer or issues notice of right to sue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

intentional / disparate treatment discirmination

A

prohibited by title 7

- when employer intentionally discriminates against employees who are members of protected classes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

unintentional /d disparate impact discrimination

A 
prohibited by title 7
- employer's practice, such as hiring only persons with certain level of education, has the effect of discriminating against class of ppl protected
33
Q

discrimination based on religion

A

employer must reasonably accommodate religious practices of employees UNLESS to do so would cause undue hardship to their business

34
Q

discrimination based on gender

A

employers cannot classify jobs as male or feamel
- cannot advertise in help wanted columns designated male / female
UNLESS employer can prove gender of applicant is essential to job

plaintiff must show gender was determining factor in hiring, firing, lack of promotion

35
Q

two forms of sexual harassment

A

1) quid pro quo

2) hostile environment - e

36
Q

quid pro quo

A

demand for sexual favors by supervisors from a subordinate in exchange for benefit

  • must be TANGIBLE employment action
  • employer strictly liable
37
Q

hostile environment

A

employee is subjected to sexual comments, jokes, physical contact what is offensive.
interferes ability of employee to do their job
- employer MAY be liable only fi it knew or should have known and failed to act
- TANGIBLE ACTION must have been taken against the employee

38
Q

liability when it comes to harassment by coworkers / non employees

A

employer liable ONLY if they knew or should have known and failed to take action
- can also be liable for harassment by non employees

39
Q

remedies for discrimination

A 
reinstatement
back pay
retroactive promotions
attorney fees 
wage adjustments
40
Q

ADEA

A

prohibits employment discrimination on the basis of age against ind. 40 or older
- covers employers with 20+ employees

41
Q

four things a plaintiff has to establish for ADEA

A

1- was a member of protected age group
2 - was qualified for position they were discharged from
3 - was discharged under circumstances that give rise to discrimination

42
Q

ADA definition

A

prohibits employment discrimination against people w disabilities who are otherwise qualified

43
Q

elements needed to prevail on a claim under the ADA

A

1 - show he /she has disability
2 - is otherwise qualified
3 - excluded from employment SOLELY because of disability

first exhaust administrative relief with EEOC

44
Q

disability definition

A

physical or mental impairment taht substantially limits one or more major life activities
correctable conditions : not necessarily disabilities

45
Q

cancer and aids

A

disability

46
Q

defenses to employee discrimination

A

employers assert that dsicrimination was required :

  • after acquired evidence ** not complete defense but MAY limit remedies**
  • to meet a bona fide occupational qualification
  • to maintain a legit seniority system
47
Q

bona fide occupational qualification

A

defense to employee discrimination

- qualification must be “reasonably necessary to the normal operation of that particular business or enterprise”

48
Q

seniority or merit system

A

permissble as long as purpose is not to discriminate

49
Q

define tort

A

civil, legal injury to a person or property caused by a breach of a legal durty.

50
Q

negligence (tort)

A

unintentional tort.

when someone suffers injury bc of defendant’s failure to company with a legal duty.

defendant creates foreseeable risk of injury.
NO INTENT REQUIRED!

4 elements : duty, breach of duty, causation, damages or injurt

51
Q

causation

A

element of negligence

1) actual cause (but for cause)
2) proximate cause (defendant has a duty to protect against foreseeable injury)

52
Q

duty

A

element of negligence

  • person has legal duty to another
  • standard of care principle
  • duty requires action that is reasnoable under the circumstances
53
Q

breach of duty

A

element of negligence

- conduct falls below standard of care

54
Q

injury

A

element of negligence
prove injury was result of defendant’s conduct
LEGALLY recognizable injury

55
Q

defenses to negligence

A

contributory negligence : plaintiff is negligent

comparative negligence : plaintiff recovers in proportion of his loss attributable to his negligence

assumption of risk : knew risk was present and understood the risk. voluntarily incurred it

56
Q

requirements for intentional torts

A

prove VIIC :

voluntary act
intent
injury or harm
causation

57
Q

damages for business torts

A

nominal damages (monetary award)

compensatory damages (make party whole, pay money equal to amount of damage caused)

punitive damages (exemplary damages for outrageous misconduct). PUNISH

58
Q

definition / purpose of product liability

A

lawsuit brought by a party who has suffered an injury or experienced property damage caused by a defective product

59
Q

negligent product liability

A

injured party establish manu., seller ANYONE in chain of distribution breached duty of care

duty is owed to any foreseeable party who might have connection with product

EVEN SECOND HAND USERS AND BYSTANDERS

60
Q

what does duty of care involve in product liability

A

duty to design safe product
duty to manu. product properly
label product correctly

61
Q

strict product liability

A

DOES NOT require prove that party breached duty of care.

manu. is in a better position than customer to know about product.

62
Q

6 REQUIREMENTS FOR STRICT LIABILITY!

A

DDDIDG
1 - defendant sold product in defective condition
2 - defendant normally engaged in business of selling the product
3 - defect is unreasonably dangerous
4 - injury to person or property
5 - defect was proximate cause of injury
6 - goods have not substantially changed since product was sold to time injury was sustained

63
Q

two types of warranties

A

express : manu / seller makes explicit claim about quality , safety, function of product

implied: goods will function the way buyer expects it to perform
fitness for a particular purpose

64
Q

defenses to product liability claims

A

injured party or 3rd party altered product out of the manu. control

victim used product in manner unforeseeable

manu. ASSERTS they used best available tech and product to design and manu. product

negligence claim : contributory, comparative, assumption of risk

65
Q

foreign sovereign immunites act

A

courts in one country will refrain from lawsuits against certain foreign governments. NOT individuals

66
Q

define comity

A

nations will recognize and defer to the legislate, exec, or judicial acts (including court decisions) of other countries
AS LONG as laws are consistent with each nation

67
Q

sources of international law

A 
CIGJ
customary international law
international treaties and conventions
general principles of law
judicial decisions / scholarly teachings by experts
68
Q

define treaty

A

international agreement concluded between states in written form, governed by international law.
embodied in a single instrument or in two or more related instruments

69
Q

best and worst ways to resolving international business disputes

A

best : arbitration
worst : litigation (Court)
CONTRACT IS THE #1 WAY!

70
Q

define dumpping

A

products of one country are introduced into commerce of another country at less than normal value of the product (normal value is price at home market)

71
Q

quotas

A

gov imposed restrictions on number or value of goods that can be imported

72
Q

EPA

A

enviornmental protection agency
deals with all enviornmental issues

clean air act : enabling act

73
Q

policy that deals with air polution

A

clean air act of 1970
enforced by fed. gov., partnership with state and local gov

emissions standards : mobile sources and non road engines

74
Q

polices for water pollution

A

clean water act
safe drinking water act
clean dumping act

75
Q

policy for toxic substances

A

toxic controlled substances act

- guidelines for EPA which substances may safely be used in many.

76
Q

policy for dumping hazardous waste

A

resource conservation and recovery act

77
Q

CERCLA / superfund

A

EPA can force responsible parties to clean up hazardous waste or pay costs of clean up

78
Q

people who can be picked liable as part of CERCLA by the EPA

A

1 - current owner / operator of contamination site
2 - owner or operator at time of waste disposal
3 - anyone who arranged for disposal of hazardous substance on the site
4 - anyone who transports hazardous substance or contaminant to a site
OR ALL OF THEM!

GB110 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions