RBM Test 1 Flashcards

(39 cards)

1
Q

Definition of Law

A

entire body of principles that govern conduct. Enforced by courts.

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2
Q

National Constitution regulates what?

A

Taxes, Interest rates, currency copyrights, regulate the economy

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3
Q

State constitution

A

Regulations of business in their own state

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4
Q

Statutory law

A

Lawmakers have power to adopt ordinances

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5
Q

Administrative regulations

A

effects agriculture the most.

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6
Q

Name 5 agencies that are regulated by administrative law

A

SEC, USDA, IRS, EPA, OSHA, BLM, FDA, USFS

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7
Q

Case Law

A

First impression by court.

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8
Q

Prohibitive

A

a restraint of trade or prohibits conspiracies.

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9
Q

common law

A

principles that are based on customs and usages of the community

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10
Q

Contract Labor

A

Employer is responsible for assuring that workers are paid.

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11
Q

Contract labor are joint employees if?

A

Direct, control and supervise, determine pay rates.

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12
Q

Purpose of OSHA

A

to asure safety

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13
Q

Three branches of government

A

judiciary, legislative, executive

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14
Q

Who does OSHA cover

A

covers all employers involved in interstate commerce

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15
Q

Name some recordable injuries

A

death, miss work, medical attention, transfer to another job.

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16
Q

Unemployment Compensation Act

A

More firing, higher rates, based on how many you hire and fire. variable.

17
Q

When can an agriculture employer can get workers comp

A

Annual pay is over $31,308, or 3 or more full time employees.

18
Q

What to know about workers comp

A

Varies from State to state

19
Q

Conditions at which ag employers are affected by unemployment act

A

employee works for 20 weeks or employer pays $1500 or more during any quarter.

20
Q

Who is considered a seasonal worker?

A

one that is temporary in nature and not required to spend the night away from their address

21
Q

5 steps to recruiting and selecting

A
  1. Consider the needs of the position
  2. Build and applicant pool
  3. evaluate applicants
  4. Make a selection
  5. Hire and train
22
Q

Classification of contracs

A

Formal, informal, express, implied, voidable, valid, void,

23
Q

Requirement for an enforceable contract

A

Mutual content, capacity, genuiness of consent, consideration

24
Q

Offers

A

written, text, email, word of mouth,

25
when does an offer end?
at a stated time, counter offer, death or insanity of offerer.
26
Non-offers
statement made in anger, social events, joking.
27
Acceptance
can be in any form, word or act.
28
Contractual capacity
Age, sanity, and no intoxication.
29
Unilateral Mistake
A problem that doesnt matter, unless the contract states it.
30
Mutual Mistake
both parties make a mistake, agreement is void.
31
Misrepresentation
If they are unknowingly misrepresented then they are not responsible for their act.
32
Concealment
one party cannot void a contract becuase the other held in information.
33
Fraud
Intention of causing the other party to enter a contract relying on fake facts.
34
Things to think about when getting a lease
Who owns the property, Who is responsible for the fence roads and water, the stocking rates.
35
Undue influence
One person is helpless in the hands of the other
36
Duress
One cannot threaten another.
37
Consideration
down payment on future contract. Cattle contracts are like that
38
When must contracts be written?
33 days or longer, over $500, marriage, sales of land or building.
39
Types of leases
Fixed cash, share lease, adjustable cash, per head basis