Test 12 Flashcards
1
Q
- 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
2
Q
- What is the most common exception to that doctrine? _________________________
A
A Contract
3
Q
- The main federal law that deals with employment discrimination is (full name) ____________________________________________________________
A
Title VII Civil Rights Act of 1964
4
Q
- The Texas law that is analogous to that law is called _________________________________________________________________________________________________________.
A
Texas Commission on Human Rights Act
5
Q
- ADA Stands for ___________________________________ and ADEA stands for _____________________________________________.
A
Americans with Disabilities Act Age Discrimination Employment Act
6
Q
- You must be at least ________ years of age to be covered by the ADEA.
A
40
7
Q
- How many employees must you have to be covered by the mentioned in question in number 3? ____________
A
15
8
Q
- 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
9
Q
- What is the name of the law that covers people serving on a jury? _________________________________________________________
A
Juror Reemployment Act
10
Q
- What is the two word phrase that defines promissory estoppel? _______________________________________________________________
A
detrimental reliance
11
Q
- 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
12
Q
- How many breaks are required by law in an 8-hour workday? ____________
A
None
13
Q
- How much paid sick leave is an employee required by law to get each year? _________________________
A
None
14
Q
- How often does the law require that an employee be allowed to inspect his/her personnel file? _______________________________
A
Never
15
Q
- May an employer lawfully ask an applicant how she will get to work? ________
A
Yes
16
Q
- May an employer lawfully ask if an applicant has ever been arrested? ________
A
None
17
Q
- The requirement that you file a complaint with the EEOC before you file a lawsuit is called _______________________________________________.
A
Exhausting all administrative remedies
18
Q
- In court in an employment discrimination case, the plaintiff must first make a _______________________ case.
A
prima facie
19
Q
- SLNDR stands for ____________________________________________________
A
single legitimate non discriminatory reason
20
Q
- If the defendant offers a SLNDR, then the plaintiff must show that the SLNDR is a ______________________________________.
A
pretext
21
Q
- ____________________________________ means that you do not have belong to a union to get employment in Texas.
A
Right to work
22
Q
- Under which branch of government are most administrative agencies, such as the EEOC? __________________________________________
A
Executive
23
Q
- The definition of disability under the ADA is “a physical or mental __________________________ that ____________________ limits one or more ____________________________________.
A
impairment substantially major life activities
24
Q
- What are the sections of the ADA called? __________________________________
A
titles
25
Q
- How many sections does the ADA have? _________________________________
A
5
26
Q
- Which one covers employment? _________________________
A
Title I
27
Q
- Which one covers places of public accommodations? ___________________.
A
Title II
28
Q
- Name three protected classes in terms of employment discrimination: ___________________, _________________________, and ___________________.
A
Race, Color, National Origin, Sex, Religion
29
Q
- Name five major life activities under the ADA: _____________________________, ___________________, ______________________, _________________________, __________________
A
Walking, Breathing, Bending, Eating, Bathing
30
Q
- EEOC stands for __________________________________________________.
A
Equal Employment Opportunity Commission
31
Q
- A person has _______________________ days to file a claim with the EEOC after the adverse employment action.
A
180
32
Q
- After the EEOC investigates, it issues a ____________________________________.
A
Right to Sue Letter
33
Q
- After that, you have ____________ days to file suit in court.
A
90
34
Q
- Which President pushed through passage of the Civil Rights Act? ___________________________________
A
Lyndon Johnson
35
Q
- Two broad categories of evidence: _______________________________________ and ___________________________________________.
A
Documentary and Testimony
36
Q
- What is the source for evidentiary rules in federal courts? __________________________________________________________________
A
Federal Rules of Evidence
37
Q
- To exclude witnesses from the courtroom, one side must ___________________________________________________________________
A
Invoke the Rule
38
Q
- What happens if a witness violates #3? _________________________________ and _____________________________________________________________________
A
Their testimony can be excluded and they can be held in contempt
39
Q
- 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
- 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
- Reputation is one method of proving ______________________________________.
A
Character
42
Q
- 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
- Name two privilege “pairings:” ________________________________ and _______________________________________________________
A
Attorney – Client Husband-Wife
44
Q
- Every witness must _________________________________________ before testifying in court.
A
Swear an oath or affirmation
45
Q
- The scope of direct examination is limited by _______________________________.
A
pleadings
46
Q
- Is cross examination in Texas limited to what was discussed on direct? ___________
A
No
47
Q
- Under what circumstances may leading questions be asked on direct? ____________________________________________________________________
A
with a hostile witness
48
Q
- Answers to interrogatories cannot be used as evidence by the ____________________________________________________________________.
A
Party that answered them
49
Q
- What is another word for predicate in terms of laying the predicate? ______________________________
A
foundation
50
Q
- To impeach a witness means to prove that the witness is _______________________.
A
lying
51
Q
- The most common way in which a witness is impeached is by using a __________________________________________________________________.
A
prior inconsistent statements
52
Q
- What is the definition of hearsay? _________________________________________ _____________________________________________________________________.
A
Out of court statement, offered in court to prove the truth of the matter asserted
53
Q
- Name three hearsay exceptions (name of the rule, not number): _________________________, ________________________ and ________________________________________________.
A
excited utterance, recorded recollection, habit or routine practice
54
Q
- Two broad categories of property are: __________________________ and ___________________________________.
A
real personal
55
Q
- Under which category are crops? _________________________
A
real
56
Q
- Under which category are pets? __________________________
A
personal
57
Q
- Under which category are minerals? ________________________
A
real
58
Q
- Name 3 ways in which personal property may be acquired? _____________________________________________________________
A
purchase, inheritance, gift
59
Q
- What are 3 elements of a valid gift of personal property? _____________________________________________________________
A
donative intent, acceptance, delivery
60
Q
- 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
- The highest form of ownership of real property is called ____________________________________________________________.
A
fee simple absolute
62
Q
- What are the two forms of future interests in real property? ________________________________________________________________
A
Reversion Remainder
63
Q
- A form of joint ownership that includes a right of survivorship is called _____________________________________________________________
A
Joint tenancy
64
Q
- How many states recognize community property of a married couple? ________
A
9
65
Q
- In a real property transfer, the seller is called the _________________ and the buyer is called the ___________________________.
A
grantor grantee
66
Q
- What is the name of the law that covers security deposits for apartments? ________________________________________________________
A
Texas Commercial Security Deposit Law
67
Q
- In the mock trial, what is the name of the security guard who will testify? ________________________________________________________
A
Neill Graves
68
Q
- In the mock trial, what is the name of the neighbor who will testify? ________________________________________________________
A
Denise Pitchko
69
Q
- In the mock trial, on what date does the plaintiff believe the tort took place? ________________________________________________________
A
September 21, 2012
70
Q
- 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
- 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
- In the mock trial, what is the main health issue of the defendant’s mother? _____________________________________________
A
She had a stroke
73
Q
- In the mock trial, what was scratched into the car? ___________________________
A
U-R-A Jerk
74
Q
- What are the names of the defendant’s sons? _______________________________
A
Sean and Colin
75
Q
- Give the names of the two paralegals who had been regularly assigned to the plaintiff: _____________________________________________________________________
A
Samantha Star and Lucy Bishop
