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Exam 3 Flashcards

1
Q

In the Judicial Process most cases will be ______________

A

State Lawsuits

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2
Q

What are the steps in the Judicial Process?

A

1- Complaint
2- Service of Process
3- Defendant Files an answer
4- Discovery
5- Motions are filled
6- Jury Selection
7- Jury issues a verdict
8- Losing party has 30 days to appeal
9- Writ of Garnishment

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3
Q

What is a Complaint in the Judicial Process?

A

The first document in a civil lawsuit.

Sets out the plaintiff against the defendat

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4
Q

What does the Service of the Process mean?

A

Handing out the complaint to the defendant

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5
Q

What are the options of Service of the Process?

A
  • Certified Mail
  • Delivery by the Sheriff’s Office
  • Process Server
  • Publication
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6
Q

How long does the defendant has to file an answer?

A

30 days to go the lawyer, if the defendant does not answer, the defendant plaintiff wins automatically.

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7
Q

What is the discovery made of?

A
  • Interrogatories
  • Depositions
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8
Q

What are the interrogatories?

A

They are written questions

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9
Q

What are the depositions?

A

They are oral questions

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10
Q

What should each side consider in the Discovery section?

A

-What witnesses will you call at trial?
-What evidence will you use at trial?

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11
Q

What is motions are filed?

A

A request for an order from the judge

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12
Q

What is the most common motion?

A

Most common motion is a “Motion for Summary Judgement”

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13
Q

What is the jury selection?

A

-Voir Dire
-Challenges for cause
-Peremptory challenges

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14
Q

What does Voir Dire mean?

A

The process of questioning potential jurors to determine if they are suitable for jury duty.

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15
Q

What are challenges for “cause”?

A

Where a party (usually an attorney) argues that a prospective juror should be dismissed due to a specific, legitimate reason that would make them unable to serve impartially.

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16
Q

What are “Peremptory” Challenges?

A

Allow parties to dismiss jurors without stating a reason, a challenge for cause requires the party to provide a valid justification for the dismissal.

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17
Q

What is the Wrist of Garnishment?

A

The order from the judge to give money to the plaintiff

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18
Q

What does the Wrist of Garnishment mean to the Employer?

A

If they answer, they can withhold the 25% of paycheck.

If they do not answer, they are liable for the employee’s death.

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19
Q

What does the Wrist of Garnishment to the Banks?

A

The court will take the entire amount of judgement up to the balance in the account.

Anything where you have money, the court can take from.

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20
Q

What are the General Rules on Employment Law?

A

-Minimum Wage
-Time and a Half
-Under 18 restrictions

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21
Q

What is the rule for minimum wage?

A

The employer needs to pay the higher, usually the state hourly rate.

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22
Q

What is the rule “Time and a Half”?

A

Some employees are exempt from overtime.

Salary at least of $35,628
Manages at least two people hire/fire

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23
Q

What is the rule of 18 restrictions

A

-Hour restrictions
-Power Equipment Restrictions

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24
Q

What is employment at will?

A

General rule is that an employer can fire an employee.

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25
What are the exceptions of employee at will?
- Employee with an employment contract - Cannot fire in violation of statutory protection. - Union employees - Public policy exception
26
If you feel like you have been discriminated against, you go to ______________
EEOC Equal Employment Opportunity Commission
27
How long does a claim in the EEOC has for the statute of limitations?
180 days
28
What is a "90 day right to sue letter"?
After a person makes a claim at the EEOC, the employer might receive a 90 day right to sue letter while they investigate the case.
29
What is the Title VII of the Civil Rights Act of 1964?
It prohibits employment discrimination based on: - race - color - national origin - religion - sex
30
What does the Title VII of the Civil Rights Act of 1964 say on Religion?
- Protection extends to traditional and non traditional religions - Employees right to practice religion at work is not absolute - Employer is required to reasonably accommodate religion unless it would cause to suffer undue hardship
31
What does the Title VII of the Civil Rights Act of 1964 say on Sex?
- Must treat men and women equally in the workplace. - Sexual Harassment is a form of sex discrimination - There are two types of sexual harassment
32
What are the types of sexual harassment?
- Quid Pro Quo - Hostile Environment
33
What is Quid Pro Quo as a form of sexual harassment?
It is characterized by a power relationship. Supervisor on to subordinate
34
What is Hostile Environment as a form of sexual harassment?
A conduct that is sever, persistent, pervasive (comments, touching, jokes). Can be create by boss, co-worker or unknown third party.
35
The employer can’t ask for sexual favors in exchange for job benefits.
True
36
The employer is obliged to stop sexual harassment and make sure it stays stood. And make sure they tried to stop the harassment.
True
37
What is the Age Discrimination Act?
It protects people over the age 40 saying that there is no more mandatory requirement.
38
What is the Americans with Disabilities Act?
Federal law that prohibits employers from discriminating against an otherwise qualifies person with a disability.
39
What is a Disability?
A physical or mental impairment that substantially limits one or more major life activities.
40
What does the ADA mean by Otherwise Qualified?
A person who, with reasonable accommodations can perform the essential functions of the job.
41
What is the Family Leave Act? (FMLA)
For eligible employees, this provides 12 weeks of unpaid leave per year and the employee keeps the same job and benefits.
42
What makes you eligible for the FMLA?
Must have worked at least 12 months at the job and been present at least 1250 hours.
43
What does Pizzas and parts mean? In FMLA
You don’t have to take the 12 weeks all together.
44
Employers can and should require employees to use accrued vacation and sick leave while on FMLA.
TRUE
45
What counts for FMLA?
-Childbirth/Adoption -Illness of Employee, Spouse, Child and Parent
46
What is Military leave?
-Qualifying Exigency (Foreign deployment) -Military Caregiver (injured during active duty)
47
What is Workers Compensation?
-Strict Liability -Exclusive Remedy
48
What is Strict Liability?
Provides coverage for medical bills for employees injured at work, even if the employee is at fault.
49
What is Exclusive Remedy?
Employee cannot sue employer for injury
50
What are the exceptions for Exclusive Remedy?
-Employer intentionally harms employee -Employer does not have WC insurance and is supposed to.
51
What are unemployment benefits?
Provides limited income in the event an employee becomes unemployed through no fault of their own. Can be drawn up to 12 weeks.
52
For what reasons someone cannot draw unemployment benefits?
- Employee fired for misconduct - Employee quits their job
53
What are the three types of business organizations?
- Sole proprietorship - Partnership - Corporations
54
What is a Partnership?
An association of two or more people to operate a business for profit
55
What is a Sole Proprietorship?
A form of business where one person owns all of the assets of the business.
56
What is a Corporation?
An artificial person or legal entity created under the law of a state.
57
What is the ease of formation for Sole Proprietorship?
No formal legal requirements
58
What is the ease of formation for partnership?
No formal legal requirements. But should have a written partnership agreement
59
What is the ease of formation for a Corporation?
-Formal legal requirements. -Must file Articles of Incorporation with the Secretary of State. -Must use Company, incorporated, incorporation or limited in the name.
60
What is the Operation for Sole Proprietorship?
Owner is boss and makes all decisions about the business
61
What is the Operation for Partnerships?
All partners have equal management rights unless otherwise agreed in writing
62
What is the Operation for Corporations?
-Shareholders own shares of stock in the corporation -Shareholders receive dividends on their shares of stock. They vote on who will be on the Board of directors. -Board of directors hire the officers of the corporations to run the day-to-day operations.
63
What is the liability for Sole Proprietorships?
Owner is personally liable, with unlimited liability
64
What is the liability for Partnerships?
Unlimited liability. -Partners are liable for the actions of other partners -Each partner is personally liable for the entire debt of the partnership under joint and several liability.
65
What is the Liability for Corporations?
Liability is limited to the assets of the corporation. Shareholders are not personally liable for corporations debt.
66
What the Taxation for Sole Proprietorship?
Profits/losses from the business flow to owners tax return. Form 1-1040
67
What is the taxation for Partnerships?
Profits/losses from the partnership flow through to the individual partners tax return. Form K
68
What is the Taxation for Corporations?
Double taxation
69
What is the process of Double Taxation for Corporations?
-Corporations pay income tax -Shareholders pay income tax on the dividends that are paid to them by the corporation
70
What is Bankruptcy?
-A right provided in the Constitution -Provides debtor a “fresh start”
71
What is a Debtor?
A person who is filling bankruptcy and owes money to the creditors
72
What is a creditor?
Entity to whom money is owed by debtor
73
Types of creditor
- Unsecured creditor (no collateral) - Secured creditor (collateral that can be repossessed)
74
What is the Bankruptcy Abuse Prevention and Consumer Protection Act?
“Means test” Must have income lower than $51,164 for one person and $63,835 for 2 persons to file chapter 7. Credit counseling prior to filling bankruptcy is required.
75
What is Chapter 7 Bankruptcy?
Provides a “liquidation”/erasure of debt.
76
Steps for Chapter 7 Bankruptcy
1- Filling Bankruptcy Petition 2- Automatic stay 3- Appointment of bankruptcy trustee 4- Exempt property 5- First meeting of creditors 6- Discharge
77
How is the step of filling a bankruptcy petition for chapter 7?
You list all the things you won, you list everyone you owe, you list your income
78
How is the step of automatic stay in Chapter 7 bankruptcy?
All collection efforts are stopped immediately from the creditors.
79
What is the step of appointment of bankruptcy trustee for chapter 7?
A referee between the debtor and all creditors is assigned.
80
What are the exempt properties in Chapter 7?
- Home Equity ($31,575) - Motor Vehicle ($5,025) - Household furnishing ($16,850) (800 per item) - Jewelry ($2,125) - Retirement ($1,711,975)
81
What are the debts that are not dischargeable in step 6 of chapter 7?
-Taxes -Child support -Debts not listed in the petition -Student loans -Intentional tort verdicts
82
What are the acts that can bar discharge from debts in chapter 7?
-Hiding assets -Preferential transfers
83
What are the general rules for Chapter 7 bankruptcy?
-Cannot file again for 8 years -Stays on the credit report for 10 years -Employers cannot fire employees that filed bankruptcy -Who file bankruptcy is public information -Individuals and businesses can file this one, but if business does, it must close.
84
What is Chapter 11 Bankruptcy?
-Is filled by businesses -Same process as chapter 7 -The business remains open -No property is sold -A plan is developed and involves partial repayment for 3 to 5 years. -At the end of the plan period, any remaining debt after that is erased.
85
What is Chapter 13 bankruptcy?
-Filed by individuals -Same process as chapter 7 -No property is sold -A plan is developed for partial repayment over 3 to 5 years, -The debtor is given a monthly allowance -The remaining debt is erased -Super discharge
86
What is super discharge in Chapter 13 bankruptcy?
Student loans and international tort verdicts can be discharged.

Business Law (3 decks)

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