C233 Employment Law Notes
Function of Law - -prevent undesirable, or promote desirable behavior
-facilitate for private arrangements between individuals
-settle private and public disputes
-determine procedures for changing the law
-regulate the institutions of state to protect individual freedom
-keep the peace
-remedy social injustice
-facilitate planning
-provide for the orderly change in government
Stare Decisis - Let the decision stand; decisions are based on precedents
from previous cases
main functions of the consitution - -establishes the three branches of federal
government and allocates the division of powers between them
-in enumerates fundamental rights (bill of rights- of the citizens and protects
them from the government's ability to restrict those rights)
,Common Law - A legal system based on custom and court rulings
-consists of opinions of judges in cases covering hundreds of years, it
establishes precedent (a controlling rule, example, or guide)
Legislative Branch - -senate
-House of representatives
-makes laws for the general welfare of the people
Executive Branch - -president and other executive leaders (VP, Cabinet)
-president and VP are elected by the people
-conducts foreign affairs and ensures laws are sound and enforced
Judicial Branch - -court system of they country
-supreme and federal courts
-supreme court: highest court and decision is final
-they explain and define Constitution and laws passed by congress
,Supremacy Clause - mandates the constitution, federal law, treaties, and
federal regulations are the highest laws of the land and have priority of state
laws
Agency - is a contract relationship ( a legal binding agreement) between a
principal and an agent whereby the principal, expressly or implicitly,
authorizes the agent to work on his or her behalf.
-in employment: the employer is the principal and the employee is the agent
Liability - -a tort ( a civil wrong which causes harm to someone)
Vicarious Liability - -let the master answer for the servant (respondent
superior)
-an employer can be exposed to liability in tort for the acts or omissions of
the employee.
respondent superior doctrine - The institution--employer--is legally
responsible for the negligent or wrongful acts or omission of the employee
even though the facility itself is committed no wrong; the negligence of the
employee is imputed to, or placed on the employer.
, Scope of Employment - employee conduct which reasonably relative to job
description and foreseeable by the employer as part of that job description
-frolic and detour
-going and coming rule
-dual mission purpose
Folic and detour - -an employee physical departure from the job in order to
further his/her own interest not the employers
Going and Coming Rule - legal principal that removes an employers liability
from employees actions going to and from their place of employment
Dual Purpose Mission - when an employee conducts personal and work
business at the same time subjecting the employers to liability for the
employee action
Employee vs. Independent Contractor - -the common law agency test
-the economic test
Function of Law - -prevent undesirable, or promote desirable behavior
-facilitate for private arrangements between individuals
-settle private and public disputes
-determine procedures for changing the law
-regulate the institutions of state to protect individual freedom
-keep the peace
-remedy social injustice
-facilitate planning
-provide for the orderly change in government
Stare Decisis - Let the decision stand; decisions are based on precedents
from previous cases
main functions of the consitution - -establishes the three branches of federal
government and allocates the division of powers between them
-in enumerates fundamental rights (bill of rights- of the citizens and protects
them from the government's ability to restrict those rights)
,Common Law - A legal system based on custom and court rulings
-consists of opinions of judges in cases covering hundreds of years, it
establishes precedent (a controlling rule, example, or guide)
Legislative Branch - -senate
-House of representatives
-makes laws for the general welfare of the people
Executive Branch - -president and other executive leaders (VP, Cabinet)
-president and VP are elected by the people
-conducts foreign affairs and ensures laws are sound and enforced
Judicial Branch - -court system of they country
-supreme and federal courts
-supreme court: highest court and decision is final
-they explain and define Constitution and laws passed by congress
,Supremacy Clause - mandates the constitution, federal law, treaties, and
federal regulations are the highest laws of the land and have priority of state
laws
Agency - is a contract relationship ( a legal binding agreement) between a
principal and an agent whereby the principal, expressly or implicitly,
authorizes the agent to work on his or her behalf.
-in employment: the employer is the principal and the employee is the agent
Liability - -a tort ( a civil wrong which causes harm to someone)
Vicarious Liability - -let the master answer for the servant (respondent
superior)
-an employer can be exposed to liability in tort for the acts or omissions of
the employee.
respondent superior doctrine - The institution--employer--is legally
responsible for the negligent or wrongful acts or omission of the employee
even though the facility itself is committed no wrong; the negligence of the
employee is imputed to, or placed on the employer.
, Scope of Employment - employee conduct which reasonably relative to job
description and foreseeable by the employer as part of that job description
-frolic and detour
-going and coming rule
-dual mission purpose
Folic and detour - -an employee physical departure from the job in order to
further his/her own interest not the employers
Going and Coming Rule - legal principal that removes an employers liability
from employees actions going to and from their place of employment
Dual Purpose Mission - when an employee conducts personal and work
business at the same time subjecting the employers to liability for the
employee action
Employee vs. Independent Contractor - -the common law agency test
-the economic test
