Unit 3

Question 1

Bona Fide Occupational Qualifications (BFOQ)

Answer 1

An exception to the prohibition of discrimination based on sex, religion, national origin
-race can never count for this

Question 2

Age Discrimination in Employment Act

Answer 2

40 years of age or older

Question 3

Immigration Reform and Control Act of 1986

Answer 3

Employer must retain records or verified authorization for three years

Question 4

Americans With Disabilities Act (ADA)

Answer 4

Non-qualifying conditions: colds, flues, broken bones, compulsive gambling, pregnancy

Question 5

At-Will Employees (Not Contract)

Answer 5

relationship can be terminated by either party at anytime for any reason

Question 6

Quid Pro Quo

Answer 6

workplace decision is made on the basis of a person’s submission or rejection or an unwanted sexual advance or overture

Question 7

Trademarks

Answer 7

word, phrase, or symbol that identifies the source of goods (not services) from one party to another

Question 8

Copyrights

Answer 8

intellectual works

Question 9

Secured Transactions

Answer 9

When loan is given for somebody to secure goods, the Uniform Commerical Code (UCC) that governs the sale of those goods

Question 10

Automatic Stay

Answer 10

period of time when all collection activities against that particular bankruptcy debtor have the cease

Question 11

Price Fixing

Answer 11

Agreement among competitors that raises lowers, or stabilizes prices or competitive terms

Question 12

Embezzlement

Answer 12

Stealing or misappropriating something that doesn’t belong to you for your own person benefit
-needs legitimate access to that thing

Question 13

Ponzi Schemes

Answer 13

Fraudulent investment scheme where existing investors are paid with fund obtained from new investors not from legitimate earnings of the company

Question 14

Responsible Corporate Officer Doctrine

Answer 14

When the officer participates in, directs, or knows that the crime is going on and doesn’t do anything about it or fails to provide adequate supervision, then officer is also responsible for crime

Question 15

Exclusionary Rule (Fruit of the Poisonous Tree)

Answer 15

Not allowed to use evidence obtained in violation of the 4th amendment

Question 16

Assault

Answer 16

Intentional threat or immediate harmful or offensive contact

Question 17

Battery

Answer 17

Intentional and unauthorized harmful or offensive physical contact with another person which causes injury

Question 18

Defamation

Answer 18

False statement of fact that’s communicated in some way to a third party
-Public figures need to prove this and that it was in actual malice

Question 19

False Light

Answer 19

Casting somebody ina false light

Question 20

Malicious Prosecution

Answer 20

Somebody sued and has no legitimate basis for doing so
-has to prove that the original lawsuit brought was acting out of malice or some other improper purpose

Question 21

Transferred Intent

Answer 21

You may mean to commit battery against one person, but you end up hurting somebody else instead

Question 22

Elements of Negligence-Based Torts

Answer 22

Duty, breach, causation, injury/damage

Question 23

Cause in Fact/Actual Cause

Answer 23

Did your actions actually lead up to the chain of events that caused the injury (But/for)

Question 24

Proximate/Legal Casue

Answer 24

Were the injuries forseeable

Question 25

Res Ipsa Loquitur

Answer 25

The defendant has some exclusive control over something so if something happened, negligence happened -would have to prove they weren't negligent

Question 26

Assumption of the risk

Answer 26

Somebody has a knowledge of the risk but engage in the conduct anyway

Question 27

Modified Comparative Negligence

Answer 27

If the plaintiff is more than 50% at fault for their own injuries, then they dont get to collect anything

Question 28

Strict Liability

Answer 28

Regardless of care, if something happens, you'll be held liable for it -Abnormally dangerous activities

Question 29

Warranty Claim

Answer 29

Didn't live up to as promised -need privity of contract: you purchased it -strict liability: can hold everybody in the chain of distribution responsible; merchants, wholesalers, retailers, and lessors

Question 30

Warning Defect

Answer 30

When there is an inherently dangerous product w/o warning then its unreasonably safe to have it out in public -not required to warn against obvious risks, but you do have to warn against foreseeable misuses of the product

Question 31

Defenses to Product Liability

Answer 31

Assumption of the risk, product misuse (not foreseeable), commonly known dangers

Question 32

Personal Jurisdiction

Answer 32

whether the court has some authority over an individual to require that individual to come into court and litigate a dispute in a specific court

Question 33

Long Arm Statutes

Answer 33

Someone has sufficient minimum contact w a particular state that we think under the 4th amendment it's fair to pull that person into the state to litigate a dispute (if they're sued there)

Question 34

Limited Jurisdiction

Answer 34

Can only hear certain types of cases

Question 35

General Jurisdiction

Answer 35

Can hear any case that isn't heard by limited jurisdiction

Question 36

Appellate Court

Answer 36

Won't consider new evidence but will make a determination if there was an error of law

Question 37

Exclusive Jurisdiction

Answer 37

Bankruptcy is federal; Family issues is state

Question 38

Concurrent Jurisdiction

Answer 38

Constitutional case

Question 39

Federal Question

Answer 39

One option for federal court; answered by federal law

Question 40

Diversity Jurisdiction

Answer 40

One option for federal court; from two different states and amount is over $75,000

Question 41

Standing

Answer 41

Real controversy and correct parties to the action

Question 42

Mediation

Answer 42

Nonbinding; somebody comes to facilitate

Question 43

Arbitration

Answer 43

Binding; court setting

Question 44

Legal Remedies

Answer 44

Monetary

Question 45

Equitable

Answer 45

Nonmonetary