LES 305 TERMS EXAM QUESTIONS
WITH COMPLETE ANSWERS
design vs. manufacturing defect - Answer-design: exposes user to unnecessary risks
manufacturing: deviated from specifications
strict tort liability - Answer-defendant had duty to manufacture a reasonably safe
product/was in the business of selling or manufacturing product. the duty was
breached-- breach cause plaintiff's injury, foreseeable that defect will cause injury-->
plaintiff had property or physical damages
-- privity not needed
defenses to product liability - Answer-misuse of abnormal use
contributory negligence; complete defense, some states have comparative
assumption of risk--> aware of danger/does anyway-- defense to L
negligence - Answer-same elements as strict tort liability plus prior knowledge of
defective condition; punitive damages if plaintiff can show manufacturer/seller knew of
defect
Federal Trade Commission (FTC) - Answer-Federal agency responsible for regulation
of unfair and deceptive trade practices, including deceptive advertisements
- requires corrective advertising when unsubstantiated claims have been made
Misuse - Answer-In product liability, a defense based on the plaintiff's failure to follow
instructions or use of a product for improper purposes
Comparative negligence - Answer-In negligence, a defense that allocates responsibility
for an accident between the plaintiff and defendant when both were negligent and
allocated recovery in proportion to liability
Disclaimers - Answer-A provision in a contract that eliminates liability such as a
warranty disclaimer or disclaimer of tort liability
Privity - Answer-Direct contractual relationship
Unemployment compensation - Answer-Funds paid to individuals who are involuntarily
terminated from their jobs while they are seeking new employment
- must have been involuntarily terminated, able and available for work, and be seeking
employment
Pension Protection Act of 2006 - Answer-Federal law that imposes additional funding
and disclosure requirements on employers who have employee pension funds
, Antiterrorism and Death Penalty Act - Answer-One of several post 9/11/2001 federal
statutes passed to increase grounds for deportation and penalties for criminal conduct
for terrorist activities
Immigration Act of 1990 - Answer-Federal law that required an I-9 form for every
employee
Social Security Act of 1935 - Answer-Federal legislation that provides for the benefits of
social security and the payment mechanisms through FICA deductions
Equal Pay Act of 1963 - Answer-Act prohibiting wage discrimination on the basis of age,
race, sex, ethnicity, etc.
Minimum wage - Answer-Under FLSA, all employees must be paid a minimum wage
U.S. department of Homeland Security (DHS) - Answer-Federal agency that is an
umbrella for several existing agencies that was designed to bring together all the
functions related to emergencies, immigration, border security, and antiterrorism efforts
- immigration controlled here, toughened security checks, require more employer
vigilance on I-9 and hiring immigrants
OSHA (Occupational Safety and Health Administration) - Answer-A federal agency that
develops and enforces safety standards in the workplace
Employee Retirement Income Security Act of 1974 (ERISA) - Answer-Congressional act
establishing requirements for disclosure and other procedures with relation to
employee's retirement plans
- must give employees annual report, must disclose loans made from the fund, and
does not require pension plans-- only regulates employers who offer them
USA Patriot Act - Answer-Federal law that permits expanded warrant and investigation
techniques for federal agencies as well as sharing information about suspected
terrorists; imposes control on large cash transactions for banks, real property, and
vehicles
Independent Contractor - Answer-Person who works for another but is not controlled in
her day-to-day contact
American Competitiveness in the 21st century act - Answer-Federal law that increased
the number of highly skilled immigrants that are allowed to work in the US
Federal Insurance Contributions Act (FICA) - Answer-Federal law that required the joint
contribution by employers and employees of the funds used for the social security
system
WITH COMPLETE ANSWERS
design vs. manufacturing defect - Answer-design: exposes user to unnecessary risks
manufacturing: deviated from specifications
strict tort liability - Answer-defendant had duty to manufacture a reasonably safe
product/was in the business of selling or manufacturing product. the duty was
breached-- breach cause plaintiff's injury, foreseeable that defect will cause injury-->
plaintiff had property or physical damages
-- privity not needed
defenses to product liability - Answer-misuse of abnormal use
contributory negligence; complete defense, some states have comparative
assumption of risk--> aware of danger/does anyway-- defense to L
negligence - Answer-same elements as strict tort liability plus prior knowledge of
defective condition; punitive damages if plaintiff can show manufacturer/seller knew of
defect
Federal Trade Commission (FTC) - Answer-Federal agency responsible for regulation
of unfair and deceptive trade practices, including deceptive advertisements
- requires corrective advertising when unsubstantiated claims have been made
Misuse - Answer-In product liability, a defense based on the plaintiff's failure to follow
instructions or use of a product for improper purposes
Comparative negligence - Answer-In negligence, a defense that allocates responsibility
for an accident between the plaintiff and defendant when both were negligent and
allocated recovery in proportion to liability
Disclaimers - Answer-A provision in a contract that eliminates liability such as a
warranty disclaimer or disclaimer of tort liability
Privity - Answer-Direct contractual relationship
Unemployment compensation - Answer-Funds paid to individuals who are involuntarily
terminated from their jobs while they are seeking new employment
- must have been involuntarily terminated, able and available for work, and be seeking
employment
Pension Protection Act of 2006 - Answer-Federal law that imposes additional funding
and disclosure requirements on employers who have employee pension funds
, Antiterrorism and Death Penalty Act - Answer-One of several post 9/11/2001 federal
statutes passed to increase grounds for deportation and penalties for criminal conduct
for terrorist activities
Immigration Act of 1990 - Answer-Federal law that required an I-9 form for every
employee
Social Security Act of 1935 - Answer-Federal legislation that provides for the benefits of
social security and the payment mechanisms through FICA deductions
Equal Pay Act of 1963 - Answer-Act prohibiting wage discrimination on the basis of age,
race, sex, ethnicity, etc.
Minimum wage - Answer-Under FLSA, all employees must be paid a minimum wage
U.S. department of Homeland Security (DHS) - Answer-Federal agency that is an
umbrella for several existing agencies that was designed to bring together all the
functions related to emergencies, immigration, border security, and antiterrorism efforts
- immigration controlled here, toughened security checks, require more employer
vigilance on I-9 and hiring immigrants
OSHA (Occupational Safety and Health Administration) - Answer-A federal agency that
develops and enforces safety standards in the workplace
Employee Retirement Income Security Act of 1974 (ERISA) - Answer-Congressional act
establishing requirements for disclosure and other procedures with relation to
employee's retirement plans
- must give employees annual report, must disclose loans made from the fund, and
does not require pension plans-- only regulates employers who offer them
USA Patriot Act - Answer-Federal law that permits expanded warrant and investigation
techniques for federal agencies as well as sharing information about suspected
terrorists; imposes control on large cash transactions for banks, real property, and
vehicles
Independent Contractor - Answer-Person who works for another but is not controlled in
her day-to-day contact
American Competitiveness in the 21st century act - Answer-Federal law that increased
the number of highly skilled immigrants that are allowed to work in the US
Federal Insurance Contributions Act (FICA) - Answer-Federal law that required the joint
contribution by employers and employees of the funds used for the social security
system
