Go on. Explore!

lvl 0 • 0 xp

lvl 1

Home Market Decks Interests

Business Law Exam 2 Haskell Murray

memorize.ai (lvl 286)

(0)

46 cards

()

Section 1

Preview this deck

Contributory Negligence

Front

1 / 46

Haskell

0.0

0 reviews

5			0
4			0
3			0
2			0
1			0

Active users

All-time users

Favorites

Last updated

6 years ago

Date created

Mar 1, 2020

Cards (46)

Section 1

(46 cards)

Contributory Negligence

Front

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault.

Back

True or False, employers may be liable for defamation when giving false and unfavorable references about a former employee

Front

True

Back

Fair Labor Standards Act (FLSA)

Front

Minimum wage, overtime pay and limits child labor

Back

higher liability

Front

licensee (guests, liable for damages from hidden dangers ie rotted deck)

Back

Defamation

Front

Harming of ones rep. Statement must be false, communicated to someone else, must be facts not opinion, must show some type of injury

Back

Employee v. Independent Contractor

Front

Supervise details Provide tools or space Full time work Salary or hourly Normal/main business of ER

Back

Statute of Limitations

Front

1-5 years from when defect is discovered

Back

Highest Liability

Front

invitee (public space or business, liable even if no idea there was something that caused danger)

Back

Disparate Impact

Front

An employer has rules that in practice excludes too many people (policy)

Back

Electronic Communications Privacy Act (ECPA)

Front

Permits employer to monitor workers digital footprint (even if employee consents and it happens in the business/on their system)

Back

OSHA (Occupational Safety and Health Administration)

Front

Sets specific health and safety standards at work. Keeps workplace free of "recognized hazards". Requires records of all injuries and accidents Allows inspection of workplace

Back

Compensatory Damages

Front

money intended to restore a plaintiff to the position he was in before the injury

Back

Lowest Liability

Front

trespassing adults

Back

Comparative Negligence

Front

a plaintiff may generally recover even if she is partially responsible

Back

Intentional Infliction of Emotional Distress

Front

Behavior causing injury must be extreme and outrageous

Back

Are nonverbal promises made during the hiring process enforceable?

Front

Yes

Back

respondent superior doctrine

Front

The employer is liable for negligence of EE's w/ in scope of employment

Back

Bono Fide Occupational Qualification (BFOQ)

Front

An employer is permitted to establish discriminatory job requirement if they are essential to the position in question (marines and push ups)

Back

negligence per se

Front

When minimum standard of care for activity has been violated and someone is harmed

Back

agent

Front

Acts on behalf of principal (fiduciary relationship, one of trust)

Back

Strict Liability

Front

Even if all precautions are taken, you are still liable (chemicals, explosives, famous people w/ tigers)

Back

Legal reasons you can't be fired

Front

Refusal to violate law Performing a legal duty Exercising a legal right Supporting societal values

Back

product liability

Front

Negligent design: manufacturers designed product poorly Negligent Manufacture: design was fine but somehow something dangerous left inside/with product Failure to warn: manufacture fail to warn users about danger of normal use or foreseeable misuse

Back

NLRA (National Labor Relations Act)

Front

Gives unions certain freedoms

Back

Libel Per Se/Slander Per Se

Front

Libel per se is written Slender is oral

Back

Assault

Front

intentionally attempting or threatening to touch a person's body without the person's consent. Action before battery

Back

Elements of Negligence

Front

duty, breach, causation, damages

Back

Family and Medical Leave Act (FMLA)

Front

guarantees both men and women up to 12 weeks of unpaid leave each year for childbirth, adoption, or a serious health condition of their own or in their immediate family

Back

Statute of Repose

Front

Absolute limit on bringing the case (e.g., 10 years from the sale)

Back

breach

Front

If legal duty exists the plaintiff must show he did not meet it

Back

Factual Cause

Front

The defendant's conduct actually caused the injury

Back

Title VII of the Civil Rights Act of 1964

Front

prohibits employers, and unions from discriminating against applicants and employees on the basis of race, color, religion, national origin, or sex.

Back

Res Ispa Loquitur "the thing speaks for itself"

Front

The facts imply that the defendants negligence cause the accident

Back

non-economic damages must not exceed a limit such as what

Front

3 times the economic damages

Back

Age Discrimination in Employment Act (ADEA)

Front

Prohibits age discrimination against employees or job applicants who are at least 40 years old

Back

American with Disabilities Act (ADA)

Front

Applies to businesses with 15 or more EE's Can't disqualify employee with disability as long as they can with reasonable hardship(would not create undue hardship) perform functions of job

Back

Mid-level liability

Front

trespassing children (if something on property that attracts children the landowner is liable)

Back

Punitive Damages

Front

damages intended to punish the defendant for conduct that is extreme and outrageous (1:1 ratio usually)

Back

Can assault happen without battery?

Front

Assault can happen without battery if someone is fearful of getting hurt and battery can occur is someone didn't know they were going to get hurt but do

Back

Tortuous Interference with a Contract

Front

There was a contract btw the plaintiff and a third party The defendant knew of the contract The defendant improperly induced the third part to breach the contract There was injury to the plaintiff

Back

Lanham Act

Front

Broad protection against false statements intended to hurt another business

Back

According to Affordable Care Act (ACA), 50+ EE's pat penalty if they do not provide health insurance. True or false?

Front

True

Back

Disparate Treatment

Front

Plaintiff must show she was treated less favorably than others because sex, race, color , religion or national origin . (Traits)

Back

proximate cause

Front

for the defendant to be liable, the type of harm must have been reasonably foreseeable

Back

principal

Front

Person who has someone else acting for them

Back

Is unattractiveness a protected category under title VII

Front

No

Back