BLAW 3391 Pleasant TEST 1 Actual Questions And Correct Detailed Answers 100% Verified.

UCC (Uniform Commercial Code) - correct answer the body of laws governing commercial transactions in the US. Sources of Law - correct answer Constitutional, Statutory, Administrative, Common Constitutional Law - correct answer law that involves the interpretation and application of the U.S. Constitution (supreme law of the land) and state constitutions Statutory Law - correct answer Law created by federal, state and local legislatures. none of these laws can violate the u.s constitution Administrative law - correct answer rules, orders, and decisions of administrative agencies Case and Common Law Doctrines - correct answer Judge-made law including interpretations of constitutional provisions. case law- governs all areas not covered by statutory or administrative laws Whistle Blower - correct answer an employee who discloses illegal or unethical conduct on the part of others in the organization (COMPANY CANNOT FIRE FOR THIS) Teresa Harris v. Forklift Systems, Inc. - correct answer -president of company repeatedly insulted her due to her gender and made sexual innuendos -plaintiff complained, he continued, she quit -plaintiff filed for creating an abusive work environment based on gender -district court favored the defendant, court of appeals affirmed *US Supreme court REVERSED and REMANDED Oncale v. Sundowner Offshore Service, Inc. - correct answer Joseph Oncale was worker on oil rig with 8-man crew. Subjected to sex-related, humiliating actions by co-workers. Sued under Title VII for sexual harassment. Supreme Court agreed that Title VII bars all forms of discrimination "because of sex." Includes same-sex harassment Negligent Misrepresentation - correct answer misrepresentation made without due care in ascertaining its truthfulness; renders agreement voidable (fraud committed by someone who should know better) Defamation - correct answer the action of damaging the good reputation of someone; slander (if spoken) or libel (if written). Workman's Compensation - correct answer Payment received when one is injured on the job. Do not have to prove whose fault it is. Exception- may sue employee if they intentionally did it invasion of privacy - correct answer revealing personal information about an individual without his or her consent Labor Laws - correct answer State and federal safety regulations and compliance assistance to protect the wages, health benefits, retirement security, employment rights, safety, and health of America's workforce FMLA (Family and Medical Leave Act) - correct answer Federal law requiring organizations with 50 or more employees to provide up to 12 weeks of unpaid leave after childbirth or adoption; to care for a seriously ill family member or for an employee's own serious illness; or to take care of urgent needs that arise when a spouse, child, or parent in the National Guard or Reserve is called to active duty FLSA (Fair Labor Standards Act) - correct answer -minimum age an employee can work - minimum wage an employee can earn - rate of overtime OSHA (Occupational Safety and Health Administration) - correct answer Workers safety and health. - If someone gets hurt on the job - inspects sights and makes sure they have safe working conditions - is able to shut a company down Title VII of the Civil Rights Act of 1964 - correct answer prohibits employment agencies, employers, and unions from discriminating against applicants and employees on the basis of race, color, religion, national origin, or sex. - where EEOC came from Equal Pay Act - correct answer requires that men and women be paid the same wages for doing equal work - NOT required to go to the EEOC, can go directly to court within 2 years of incident FUTA (Federal Unemployment Tax Act) - correct answer state system, gives unemployed people insurance. You have to have lost your job for no point of your own like, company has to lay off people ADA (Americans with Disabilities Act) - correct answer prohibited discrimination against people with physical or mental disabilities - applies to employees with 15 or more employees PDA (Pregnancy Discrimination Act) - correct answer a business must give pregnant person desired weeks off and must keep position, "temporary disability" EPA (Environmental Protection Agency) - correct answer Federal agency created in 1970 to oversee environmental monitoring and cleanup programs Constructive Discharge - correct answer A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave. remand - correct answer to send or order back; in law, to send back to jail or to a lower court Reverse - correct answer the decision of a court of appeal ruling that the judgment of a lower court was incorrect and is therefore reversed. Sexual Harassment (2 Types) - correct answer Quid Pro- when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits Hostile- Environment- when a pattern of sexually offensive conduct runs through the work place and the employer has not taken steps to prevent or discourage it judgement - correct answer final result of a trial district courts - correct answer the 91 federal courts of original jurisdiction; the only federal courts in which trials are held and in which juries may be impaneled appeals court - correct answer a court in which appeals from trial-court decisions are heard Summary - correct answer Parties present their arguments and evidence and the jury renders a verdict. The jury's verdict is not binding but acts as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the trial Supreme Court - correct answer the highest federal court in the United States ALJ (Administrative Law Judge) - correct answer One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. - judicial branch cannot have jury trial in-front of ALJ State vs Federal Court Systems - correct answer - State trial court- courts of original jurisdiction can hear any case. courts of limited jurisdiction include domestic relations courts, probate courts, traffic courts, and small claims courts - Appellate- state has at least one court of appeals and many have intermediate appellate courts. -Supreme Court- each state has one -Federal trial court- equivalent of the state trial court of general jurisdiction. Appellate- U.A circuit courts of appeals are the intermediate appellate courts Standing Jurisdiction - correct answer the party who brings the suit has to have a real interest/benefit from it Ripeness - correct answer A criterion that federal courts use to decide whether a case is ready to be heard. A case's ripeness is based on whether its central issue or controversy has actually taken place. Independent contractor vs. employee - correct answer Independent contractor- a person who contracts with another to do something for him or her but is not controlled by the other Employee- acting on the employers behalf, contracted (agency relationship). employment laws only apply here employee at will - correct answer either employee or employer may terminate the employment relationship for any reason principal-agent relationship - correct answer principal duties- compensation, reimbursement and indemnification, cooperation, safe working conditions, agent duties- performance, notification, loyalty, obedience, accounting forming- agreement, ratification, estoppel, operation of law terminating- lapse of time, purpose achieved, occurrence of specific event, mutual agreement, at the option of one party liability for contracts- if the principal's identity is disclosed a the time the agent forms a contract with third party, the principle is liable to the third party under the contract if the agent acted within the scope of his or her authority liability for torts and crimes- a principle conducting an activity though an agent may be liable for harm resulting from the principles own negligence or recklessness Prima Facie case for Discrimination - correct answer plaintiff must establish that the employee took an adverse employment action based in art on the employee's connection with the military