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LES 305 Exam 3 || 100% Verified Solutions.

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LES 305 Exam 3 || 100% Verified Solutions.

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LES 305 Exam 3 || 100% Verified Solutions.
Assumption of risk correct answers Defense in negligence cases that prevents an injured party
from recovering if it can be established that the injured party realized the risk and engaged in the
conduct anyway.

Consent Decree correct answers For administrative agencies, a type of plea bargain; a settlement
document for an administrative agency's charges.

Implied warranty of merchantability correct answers A warranty that the goods are of average
quality; given in every sale of foods by a merchant.

Express warranty correct answers Expressed promise by seller as to the quality, abilities, or
performance of a product.

Privity correct answers Direct contractual relationship.

Misuse correct answers In product liability, a defense based on the plaintiff's failure to follow
instructions or use of a product for improper purposes.

Contributory negligence correct answers Negligence defense that bars an injured party from
recovering any damages if the injured party acted in a negligent way and contributed to her own
injuries.

Corrective advertising correct answers FTC remedy that requires a company to run ads
explaining previous deceptive ads or run a new statement in future ads.

Strict liability correct answers Liability without fault

Bait and switch correct answers Term given to advertising technique in which a low-price
product is advertised and then the customer is told that the product is unavailable or is talked into
a higher-priced product; prohibited by the FTC.

Disclaimers correct answers A provision in a contract that eliminates liability such as a warranty
disclaimer or a disclaimer of tort liability.

Unconscionable correct answers A defense to an otherwise valid contract that is grossly unfair to
one side in the contract.

Implied warranty of fitness for a particular correct answers Warranty given by seller to buyer
that promises goods will meet the buyer's specified needs.

Comparative negligence correct answers In negligence, a defense that allocates responsibility for
an accident between the plaintiff and defendant when both were negligent and allocates the
recovery in proportion to liability.

, Federal Trade Commission (FTC) correct answers Federal agency responsible for regulation of
unfair and deceptive trade practices, including deceptive advertisements.

Caveat emptor correct answers Latin term for "Let the buyer beware".

Immigration and Naturalization Act correct answers Original federal act governing employer
obligations on employing immigrants

Minimum Wage correct answers Under FLSA, all employees must be paid a minimum wage.

Pension Protection Act of 2006 correct answers Federal law that imposes additional funding and
disclosure requirements on employers who have employee pension plans.

Employee Retirement Income Security Act of 1974 (ERISA) correct answers Congressional act
establishing requirements for disclosure and other procedures with relation to employees'
retirement plans.

Overtime Pay correct answers Pay rate required for work beyond the maximum forty-hour work
week for covered workers.

American Competitiveness in the Twenty-First Century Act correct answers Federal law that
increased the number of highly skilled immigrants that are allowed to work in the US.

USA Patriot Act correct answers Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act - Federal law that permits expanded
warrant and investigation techniques for federal agencies as well as the sharing of information
about suspected terrorists; also imposes control on large cash transactions for banks, real
property, and vehicles.

Antiterrorism and Effective Death correct answers One of several post 9/11/2001 federal statutes
passed to increase grounds for deportation and penalties for criminal conduct for terrorist
activities.

Unemployment Compensation correct answers Funds paid to individuals who are involuntarily
terminated from their jobs while they are seeking new employment.

Social Security Act of 1935 correct answers Federal legislation that provides for the benefits of
Social Security and the payment mechanisms through FICA deductions.

Immigration Act of 1990 correct answers Federal law that requires an I-9 form for every
employee.

Equal Pay Act of 1963 correct answers Act prohibiting wage discrimination on the basis of age,
race, sex, ethnicity, etc.

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