April 8 Exam Flashcards
The doctrine that an employee may be fired for any reason or no reason at all, as long as no employment discrimination statute is violated, is called
Employment at Will
What is the most common exception to that doctrine?
contract
The main federal law that deals with employment discrimination is (full name)
Title VII of the Civil Rights Act, 1964
The Texas law that is analogous to that law is called
Texas Commission on Human Rights Act
ADA stands for_____________________ and ADEA stands for _______________________________________.
Americans with Disabilities
Age Discrimination in Employment Act
You must be at least __________ years of age to be covered by ADEA.
40
How many employees must you have to be covered by Title VII of The Civil Rights Act, 1964?
15
To be covered by FMLA, an employee must have worked _________(length of time) for the employer and there must be ________ or more employees.
12
50
What is the name of the law that covers people serving on a jury?
Texas Juror Reemployment Act
What is the two word phrase that defines promissory estoppel?
Detrimental Reliance
Explain promissory estoppel as it relates to employemnt law.
When an employee depends on the employer to the employees detriment. (sold house, bought new home, moved to new city ex. for job)
How many breaks are required by law in an 8-hour workday?
zero
How much paid sick leave is an employee required by law to get each year?
zero
How often does the law require that an employee be allowed to inspect his/her personnel file?
never
May an employer lawfully ask an applicant how she will get to work?
yes
May an employer lawfully ask if an applicant has ever been arrested?
no
The requirement that you file a complaint with the EEOC before you file a lawsuit is called
exhausting all administrative remedies
In court in an employment discrimination case, the plaintiff must first make a ____________- case.
prima facie
SLNDR stands for
single legitimate non-discriminatory reason
_______________ means that you do not have to belong to a union to get employment in Texas.
Right to Work
Under which branch of government are most administrative agencies, such as EEOC?
Excecutive
The definition of disability under the ADA is
a physical or mental impairment that substantially limits one or more major life activities.
What are the sections of the ADA called
Titles
How many sections does the ADA have?
5 Titles
Which one covers employment?
Title I
Which one covers places of public accommodations?
Title III
What does Title II of ADA cover?
State and Local Government
What does Title IV of ADA cover?
Telecommunications
What does Title V of ADA cover?
Misc Provisions, including Retaliation
Name three protected classes in terms of employment discrimination
race color sex religion nation of origin
Name five major life activities under the ADA
walking breathing bending eating bathing
EEOC stands for
Equal Employment Opportunity Commission
A person has ________ days to file a claim with the EEOC after the adverse employment action.
300
After EEOC investigates, it issues a
Right to Sue Letter
After a Right to Sue Letter, you have _____ days to file suit in court.
90
Which President pushed through passage of the Civil Rights Act?
Lyndon Johnson
Two broad categories of evidence:
Documentary evidence
Testimony under oath
What is the source for evidentiary rule on federal courts?
Federal Rules of Evidence
To exclude witnesses from the courtroom, one side must
Invoke the Rule
What happens if a witness violate the previous question?
Witness can be held in contempt and his/her testimony is inadmissible
If a judge accepts a document from the IRS, regarding the interpretation of a part of the tax code, s/he is taking ________________.
judicial notice
Any evidence that has a tendency to make the existence of any fact that is of consequence to the determination of the action more probably or less probably that it would be with the evidence is
relevant.
Reputation is one method of proving
character
If I am injured by a defective product, and then they change the design of the product so it isn’t defective, can I introduce that fact at trial to show that the product was defective?
No (Subsequent remedial measures)
Name two privilege “pairings”
husband-wife
physician-patient
clergy-pentitent
lawyer-client
Every witness must ___________________before testifying in court.
declare an oath or affirmation
The scope of direct examination is limited by
pleadings
Is cross examination in Texas limited to what was discussed on direct?
no
Under what circumstances may leading questions be asked on direct?
none
Answers to interrogatories cannot be used as evidence by the
person who answered the interrogatories.
What is another word for predicate in terms of laying the predicate?
foundation
To impeach a witness means to prove that the witness is
lying.
The most common way in which a witness is impeached is by using a
prior inconsistent statement.
What is the definition of hearsay?
an out of court statement offered in court to prove the truth of the matter asserted.
Name three hearsay exceptions
1. 2. 3. 4. 5. 6. 7. 8. 9.
Two broad categories of property are
real property and personal property
Under which category are crops?
real property (vegetation)
Under which category are pets?
personal property
Under which category are minerals
real property (subsurface rights)
Name 3 ways in which personal property may be acquired?
purchase produce gift inheritance mislaid property lost property
The bundle of legal rights that the owner of land has to possess, use, or enjoy the property is called
estate in land.
The highest form of ownership of real property is called
fee simple absoluteq
What are the two forms of future interests in real property?
reversion and remainder
A form of joint ownership that includes a right of survivorship is called
joint tenancy
How many states recognize community property of a married couple?
9
In a real property transfer, the seller is called the _________ and the buyer is called the __________________.
grantor
grantee
What is the name of the law that covers deposits for apartments?
Texas Security Deposit Law
In the mock trial, what is the name of the security guard who will testify?
Neill Graves
In the mock trial, what is the name of the neighbor who will testify?
Denise Pitchko
In the mock trial, on what date does the plaintiff believe the tort took place?
9-21-2012
In the mock trial, what is the relationship of the defendant to the person who kept her sons on the Saturday in question?
Sister-in-law
In the mock trial, what was the first and last name of the plaintiff in the case on which the plaintiff and defendant were working?
Danny Vara
In the mock trial, what is the main health issue of the defendant’s mother?
she had a stroke
In the mock trial, what was scratched into the car?
U R A JERK
What are the names of the defendant’s sons?
Sean and Colin
Give the names of the two paralegals who had been regularly assigned to the plaintiff:
Samantha Star
Lucy Bishop
