final BLAW Flashcards
what is an agency relationship?
when a one person ( the agent) is authorized to act on behalf of another person or entity (the principal) to create a lagal or business obligation.
what is fiduciary
someone who has a legal or ethical duty to act in the best interests of another person or entity
give a few examples of fiduciary
financial advisor managing investments for a client, a lawyer representing a client in legal matters.
what are the 3 different types of authority ?
express (actual) authority, implied (actual) authority and apparant authority
what is express (actual) authority
the clear explicit permission given by a principal to an agent to perform specific tasks or make decisions on their behalf
what is implied (actual) authority
the power an agent has to take actions that are not specifically stated but are necessary to carry out their express authority.
what is apparant authority
when a third party reasonably believes that an agent has the authority to act on behalf of a principal, even if the agent doesn’t acutally have such authority.
what is ratification
when a principal approves and accepts decision that an agent took on their behalf, even though the agent did not have the authority to do it.
what is Termination by operation of law
when a relationship between an agent and principal end without the need for action or decision of either party
examples of Termination by operation of law
death, if what their services become seen as illegally, bankruptcy.
the 5 duties the agent owes the principal
loyalty, obedience, duty of care, duty to inform, duty to account
The 3 duties the principal owes the agent
compensation, reimbursement or indemnification, cooperation
what is indemnification
protect against losses or liabilities arising from lawful actions taken of behalf of the principals.
the two principal types of powers of
attorney
general power and special limited power
characteristics of general power of attorney
gives the agent broad authority to act on behalf of the principal in a wide range of matters
agent can handle financial transaction, sign docs, manage properties, and make decisions as if they were the principal
ends if the principal becomes incapacitated or dies
characteristics of special limited power of attorney
the agent has authority to perform specific tasks or make decisions in a limited area defined by principle
what are the 4 types of restricted covenant
non-compete agreement, non-solicitation agreement, confidentiality agreement (NDA), non-disparagement agreement
what is non-disparagement agreement
stops someone from making negative or harmful statements about the principal
what is required to be able to enforce a non-competition
agreement in Texas.
part of an enforceable agreement, must be reasonable in scope, must actually protect business interest, cannot be overly restrictive
what does the doctrine of respondeat superior do
an employer can be held responsible for the actions of their employees if those actions happen while the employee is doing their job.
what is NLRA
National Labor Relations Act
what does the NLRA protect
a federally
statute that basically protects employees’ rights to organize labor unions.
what is a labor union
a group of workers who join together to protect their rights and improve their working conditions.
what are right to work laws
employers or unions can’t force employees to join a union or pay union fees to keep their job or be hired
what is the employment-at-will doctrine ?
An employer can fire an employee at any time, for any reason, or for no reason at all and the employee can quit at any time without giving a reason or notice.
what are the basic limitation of the employment-at-will doctrine ?
Discrimination, Retaliation meaning employers can’t fire for snitching something illegal, public policy violations, implied contracts
list the 8 Miscellaneous Laws
Fair Labor Standards Act (FLSA)
Family and Medical Leave Act (FMLA)
Occupational Safety and Health Act (OSHA)
Worker Adjustment and Retraining Act (WARN)
Employee Retirement Income Security Act ( ERISA)
Equal Pay Act (EPA)
Immigraction Reform and Control Act (IRCA)
Uniformed Services Employment and Reemployment Rights Act ( USERRA)
What is FLSA and what does it do?
it’s the Fair Labor Standards Act and it governs minimum wage, overtime pay and child Labor
what is the FMLA and what does it do?
Family and Medical Leave Act, it provides eligible employees with up to 12 weeks of unpaid leave for family or medical leave.
what is OSHA and what does it do?
Occupational Safety and Health Act. ensure safe and healthy working conditions for employees
what is WARN and what does it do?
Worker Adjustment and Retraining Notification Act, requires employers to give advance notice of mass layoffs or plant closures
what is ERISA and what does it do?
Employee Retirement Income Security Act, regulates employee benefits plans, such as pensions and health insurance
what is EPA and what does it do?
Equal Pay Act, prohibts gender-based wage discrimination for the same work
what is IRCA and what does it do?
Immigration Reform and Control Act, requires employers to verify employee’s eligibility to work in the U.S.
what is USERRA and what does it do?
Uniformed Services Employment and Reemployment Rights Act, protects job for employees who serve in the military
race, color, religion, sex and national origin are protected under what title?
Title VII
Title VII protect what classes
race, color, religion, sex and national origin
what are the 5 distinct behaviors that are prohibited under our discrimination laws.
Intentional discrimination (disparate treatment), Unintentional discrimination (disparate impact), Quid pro quo (sexual harassment only), Hostile environment, Retaliation
what is an example of unintentional discrimination?
A company requires all job applicants to pass a physical strength test, even for office jobs.
While the policy seems neutral, it may unintentionally discriminate against women or individuals with disabilities who are perfectly capable of performing the job without needing to meet the physical strength requirement.
what is Quid pro quo (sexual harassment only)
when someone in a position of power, like a boss or supervisor, demands sexual favors in exchange for workplace benefits or threatens negative consequences if those favors are not provided.
what is the BFOQ defense
the Bona Fide Occupational Qualification, it allows an employer ti hire or exculed someone based on a protected characteristic (like gender, religion, or age) if that characteristic is essential to the job
what are the limits of BFOQ defense
no stereotypes, customer preferences are not valid reason, cannot justify discrimination
how many types of sexual harassment are there and what are they?
quid pro quo, hostile work environment
what is the prerequisite to filing a lawsuit
filing a charge of a discrimination with the EEOC or state
agency
what is s the United States’ chief employment discrimination law.
Title VII of the Civil Rights Act
what is the definition of contract ?
a legally binding agreement between two or more parties where they agree to do (or not do) something specific
what is a enforceable express contract
a legally binding agreement where the terms are clearly stated, either verbally or in writing
what is implied-in-fact contract
a legally binding agreement that is not explicitly stated but is created through the actions, behavior, or circumstances of the parties involved.
requirements for a contract to be enforceable
offer, acceptance, consideration, leagal purpose, mutual agreement, capacity
what is consideration ?
what each party gives up to get something in return, and must be actually valuable not some petty bs
what are the 5 affirmative defenses
a. Duress
b. Undue influence
c. Fraud (in the inducement)
d. Impossibility of Performance
what is duress
When someone is forced or threatened into entering a contract against their free will.
what is undue influence
When one party unfairly influences another, taking advantage of a position of trust or power to get them to agree to a contract.
what is fraud
When one party is tricked into entering a contract by false statements or deceptive practices about important facts.
what impossibility of performance
When a contract cannot be fulfilled due to unforeseen events that make performance objectively impossible.
what is Force Majeure.
concept in contracts that frees parties from their obligations when an unforeseeable event occurs that is beyond their control and makes it impossible or impractical to perform the contract.
what is the Statute of Frauds
legal rule that requires certain types of contracts to be in writing and signed to be enforceable.
example of contracts that fit into Statute of Frauds
contracts for the sale or lease (1 year or more) and contracts that cannot be performed within one year
what is the UETA
Uniform Electronic Transactions Act, provides that
electronic records and signatures have the same legal effect as paper contracts and
handwritten signatures.
What is condition
a specific event or action that must occur before a party has to perform their part of the contract or before certain rights or obligations are triggered
what is Anticipatory Repudiation
when one party to a contract clearly indicates, before their performance is due, that they will not fulfill their obligations. This allows the other party to take action immediately instead of waiting until the performance date.
what is compensatory damages
Money to cover the direct loss caused by the breach (e.g., extra cost to finish a job).
what is Consequential Damages
Money to cover indirect losses caused by the breach, like lost profits or opportunities, as long as the breaching party could have expected this would happen.
what are punitive damages
money awarded in a lawsuit to punish the wrongdoer and stop others from doing the same thing.
do punitive damages apply to breach
no
what are liquidated damages
a specific amount of money agreed upon in a contract that one party will pay to the other if the breach the contract
what are the two Limitation of Liability Clauses.
Exclusion Clause, and Cap Clause
what is exclusion clause
a part of a contract that reduces or completely removes responsibility for certain actions or outcomes from a party
what is cap clause
sets a limit on the amount of money one party can owe the other if something goes wrong
what are the 2 equitable remidies for breach of contract
Specific performance, Injunction
what is Specific performance
when a court forces someone to do exactly what they promised in a contract, instead of just paying money.
what is injuction
court order that tells someone to stop doing something or, in some cases, to do something specific
The United States Bankruptcy Code enables what?
enables companies to reject executory contracts.
