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More Paralegal Review > Test 12 > Flashcards

Test 12 Flashcards

1
Q
  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 __________________________________.
A

Employment at Will

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2
Q
  1. What is the most common exception to that doctrine? _________________________
A

A Contract

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3
Q
  1. The main federal law that deals with employment discrimination is (full name) ____________________________________________________________
A

Title VII Civil Rights Act of 1964

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4
Q
  1. The Texas law that is analogous to that law is called _________________________________________________________________________________________________________.
A

Texas Commission on Human Rights Act

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5
Q
  1. ADA Stands for ___________________________________ and ADEA stands for _____________________________________________.
A

Americans with Disabilities Act Age Discrimination Employment Act

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6
Q
  1. You must be at least ________ years of age to be covered by the ADEA.
A

40

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7
Q
  1. How many employees must you have to be covered by the mentioned in question in number 3? ____________
A

15

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8
Q
  1. To be Covered by FMLA, an employee must have worked _______________ (length of time) for the employer and there must be ________ or more employees.
A

12 months 50

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9
Q
  1. What is the name of the law that covers people serving on a jury? _________________________________________________________
A

Juror Reemployment Act

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10
Q
  1. What is the two word phrase that defines promissory estoppel? _______________________________________________________________
A

detrimental reliance

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11
Q
  1. Explain promissory estoppel as it relates to employment law: _________ _______________________________________________________________
A

If I rely on your promise to my detriment you must make good on that promise

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12
Q
  1. How many breaks are required by law in an 8-hour workday? ____________
A

None

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13
Q
  1. How much paid sick leave is an employee required by law to get each year? _________________________
A

None

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14
Q
  1. How often does the law require that an employee be allowed to inspect his/her personnel file? _______________________________
A

Never

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15
Q
  1. May an employer lawfully ask an applicant how she will get to work? ________
A

Yes

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16
Q
  1. May an employer lawfully ask if an applicant has ever been arrested? ________
A

None

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17
Q
  1. The requirement that you file a complaint with the EEOC before you file a lawsuit is called _______________________________________________.
A

Exhausting all administrative remedies

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18
Q
  1. In court in an employment discrimination case, the plaintiff must first make a _______________________ case.
A

prima facie

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19
Q
  1. SLNDR stands for ____________________________________________________
A

single legitimate non discriminatory reason

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20
Q
  1. If the defendant offers a SLNDR, then the plaintiff must show that the SLNDR is a ______________________________________.
A

pretext

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21
Q
  1. ____________________________________ means that you do not have belong to a union to get employment in Texas.
A

Right to work

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22
Q
  1. Under which branch of government are most administrative agencies, such as the EEOC? __________________________________________
A

Executive

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23
Q
  1. The definition of disability under the ADA is “a physical or mental __________________________ that ____________________ limits one or more ____________________________________.
A

impairment substantially major life activities

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24
Q
  1. What are the sections of the ADA called? __________________________________
A

titles

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25
Q
  1. How many sections does the ADA have? _________________________________
A

5

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26
Q
  1. Which one covers employment? _________________________
A

Title I

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27
Q
  1. Which one covers places of public accommodations? ___________________.
A

Title II

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28
Q
  1. Name three protected classes in terms of employment discrimination: ___________________, _________________________, and ___________________.
A

Race, Color, National Origin, Sex, Religion

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29
Q
  1. Name five major life activities under the ADA: _____________________________, ___________________, ______________________, _________________________, __________________
A

Walking, Breathing, Bending, Eating, Bathing

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30
Q
  1. EEOC stands for __________________________________________________.
A

Equal Employment Opportunity Commission

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31
Q
  1. A person has _______________________ days to file a claim with the EEOC after the adverse employment action.
A

180

32
Q
  1. After the EEOC investigates, it issues a ____________________________________.
A

Right to Sue Letter

33
Q
  1. After that, you have ____________ days to file suit in court.
A

90

34
Q
  1. Which President pushed through passage of the Civil Rights Act? ___________________________________
A

Lyndon Johnson

35
Q
  1. Two broad categories of evidence: _______________________________________ and ___________________________________________.
A

Documentary and Testimony

36
Q
  1. What is the source for evidentiary rules in federal courts? __________________________________________________________________
A

Federal Rules of Evidence

37
Q
  1. To exclude witnesses from the courtroom, one side must ___________________________________________________________________
A

Invoke the Rule

38
Q
  1. What happens if a witness violates #3? _________________________________ and _____________________________________________________________________
A

Their testimony can be excluded and they can be held in contempt

39
Q
  1. If a judge accepts a document from the IRS, regarding the interpretation of a part of the tax code, s/he is taking ____________________________________________.
A

Judicial Notice

40
Q
  1. Any evidence that has a tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be with the evidence is _________.
A

Relevant

41
Q
  1. Reputation is one method of proving ______________________________________.
A

Character

42
Q
  1. 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? __________________
A

No

43
Q
  1. Name two privilege “pairings:” ________________________________ and _______________________________________________________
A

Attorney – Client Husband-Wife

44
Q
  1. Every witness must _________________________________________ before testifying in court.
A

Swear an oath or affirmation

45
Q
  1. The scope of direct examination is limited by _______________________________.
A

pleadings

46
Q
  1. Is cross examination in Texas limited to what was discussed on direct? ___________
A

No

47
Q
  1. Under what circumstances may leading questions be asked on direct? ____________________________________________________________________
A

with a hostile witness

48
Q
  1. Answers to interrogatories cannot be used as evidence by the ____________________________________________________________________.
A

Party that answered them

49
Q
  1. What is another word for predicate in terms of laying the predicate? ______________________________
A

foundation

50
Q
  1. To impeach a witness means to prove that the witness is _______________________.
A

lying

51
Q
  1. The most common way in which a witness is impeached is by using a __________________________________________________________________.
A

prior inconsistent statements

52
Q
  1. What is the definition of hearsay? _________________________________________ _____________________________________________________________________.
A

Out of court statement, offered in court to prove the truth of the matter asserted

53
Q
  1. Name three hearsay exceptions (name of the rule, not number): _________________________, ________________________ and ________________________________________________.
A

excited utterance, recorded recollection, habit or routine practice

54
Q
  1. Two broad categories of property are: __________________________ and ___________________________________.
A

real personal

55
Q
  1. Under which category are crops? _________________________
A

real

56
Q
  1. Under which category are pets? __________________________
A

personal

57
Q
  1. Under which category are minerals? ________________________
A

real

58
Q
  1. Name 3 ways in which personal property may be acquired? _____________________________________________________________
A

purchase, inheritance, gift

59
Q
  1. What are 3 elements of a valid gift of personal property? _____________________________________________________________
A

donative intent, acceptance, delivery

60
Q
  1. The bundle of legal rights that the owner of land has to possess, use or enjoy the property is called ______________________________________________.
A

estate in land

61
Q
  1. The highest form of ownership of real property is called ____________________________________________________________.
A

fee simple absolute

62
Q
  1. What are the two forms of future interests in real property? ________________________________________________________________
A

Reversion Remainder

63
Q
  1. A form of joint ownership that includes a right of survivorship is called _____________________________________________________________
A

Joint tenancy

64
Q
  1. How many states recognize community property of a married couple? ________
A

9

65
Q
  1. In a real property transfer, the seller is called the _________________ and the buyer is called the ___________________________.
A

grantor grantee

66
Q
  1. What is the name of the law that covers security deposits for apartments? ________________________________________________________
A

Texas Commercial Security Deposit Law

67
Q
  1. In the mock trial, what is the name of the security guard who will testify? ________________________________________________________
A

Neill Graves

68
Q
  1. In the mock trial, what is the name of the neighbor who will testify? ________________________________________________________
A

Denise Pitchko

69
Q
  1. In the mock trial, on what date does the plaintiff believe the tort took place? ________________________________________________________
A

September 21, 2012

70
Q
  1. In the mock trial, what is the relationship of the defendant to the person who kept her sons on the Saturday in question? ______________________________________
A

Sister-in-law

71
Q
  1. 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? _________________________
A

Danny Vara

72
Q
  1. In the mock trial, what is the main health issue of the defendant’s mother? _____________________________________________
A

She had a stroke

73
Q
  1. In the mock trial, what was scratched into the car? ___________________________
A

U-R-A Jerk

74
Q
  1. What are the names of the defendant’s sons? _______________________________
A

Sean and Colin

75
Q
  1. Give the names of the two paralegals who had been regularly assigned to the plaintiff: _____________________________________________________________________
A

Samantha Star and Lucy Bishop

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