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Legal and Social Environment of Business > Final Exam > Flashcards

Final Exam Flashcards

1
Q

present when one intends the consequences to come about (you knew or should have known)

A

Intentional Tort

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2
Q

that force and no more than a reasonable person in the like circumstances would judge to be necessary

A

reasonable force

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3
Q

protected against this in the case of being falsely accused or wrongly denied

A

false arrest or imprisonment

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4
Q

store owner can detain and search people who appear to be stealing

A

shopkeeper privilege

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5
Q

outrageous conduct, intent to cause or reckless disregard in the probability of causing emotional harm, actual severe emotional harm

A

intentional infliction of mental distress

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6
Q

when one intentionally enters the land of another or causes a thing or third person to do so

A

trespassing

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7
Q

that of the average reasonable person, children are compared to children of their age, or if you have a superior skill you will be compared to a person in that area when performing that task

A

duty

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8
Q

what kind of duty is owed to trespassers

A

only not to harm them unless they are children and it is an attractive nuisance

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9
Q

what kind of duty is owed to guests or business invitees

A

reasonable care or general warning of dangerous area

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10
Q

2 different types of damages

A

compensatory - loss of earnings and medical bills

Pain and suffering

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11
Q

where damages are reduced by a percentage of fault

A

Modified Comparative Fault

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12
Q

meant to punish

A

punitive

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13
Q

cause is intact use the but for test - but for the actions of the defendant the plaintiffs harm would not have occured

A

Actual Causation

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14
Q

temporal relationship - use the but for test again except in an A-B relationship

A

Approximate Causation

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15
Q

can’t prove something happened and no one is talking which reverses the burden of proof

A

Res ipsa loquitur

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16
Q

means that the thing speaks for itself

A

res ipsa loquitur

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17
Q

what kind of duty is owed to bystanders

A

spouses, persons related to you in the second degree mom, dad, siblings, children, grandparents

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18
Q

responsible for things that others do with your stuff

A

imputed negligence

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19
Q

for children/spouse/parent includes loss of sex, society of a kind, for the spouse the other person must be alive but kids can get if alive or dead

A

loss of consortium

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20
Q

doing something so dangerous we don’t care how carful you are if someone gets hurt you are liable ex. wild animals/dogs

A

strict liability

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21
Q

manufacture of any product can’t sell product in unreasonable dangerous condition which includes conditions which is a foreseeable misuse of a product

A

products liability

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22
Q

reasonable safety to me of their product

A

product negligence

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23
Q

care that you a driving should be able to withstand a reasonable crash

A

crash worthiness

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24
Q

describe a warranty

A

not covered under tort arises under contracts tort has a 2 year statue of limitations and contract has a 6 year statue of limitations some warranties can be disclaimed if it is an explicit warranty where absolutely everything is disclosed

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25
Q

type of implied warranty where product should at least be of ordinary quality when sold by the merchant or dealer

A

warranty of merchantability

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26
Q

implied warranty where able to use the thing for the reason you bought it for

A

warranty of fitness for a particular purpose

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27
Q

owning more than 50% of a market

A

monopoly

28
Q

name the five parts of analyzing a monopoly

A
  1. identify the product market
  2. geographic market
  3. market share
  4. intent to be a monopolist
  5. Defenses availiable
29
Q

name the 3 parts of an attempted monopoly

A
  1. defendant engaging in anti-competitive conduct
  2. had intent to monopolize
  3. dangerous probability of achieving monopoly power
30
Q

when two or mor competitors in the same product market compbine

A

horizontal mergers

31
Q

when 2 or more layers of competitors combine

A

vertical mergers

32
Q

when 2 companies that don’t have anything to do with each other merge into one

A

conglomerate merger

33
Q

name the 5 parts of merger analysis

A
  1. define market
  2. Herfindahl Herschman Index
  3. Market concentration
  4. Analysis of easy of entry in proposed firm
  5. Defenses
34
Q

how much control do I have over the person

A

employee rights

35
Q

let the master answer

A

Respondeat Superior/Scope of Employment

36
Q

name the four elements of Respondeat Superior

A
  1. EE was subject to ER’s wishes/interests
  2. EE was motivated at least in part by the desire to serve ER’s wishes/interests
  3. The problem arose substantially with ing work hours in work location
  4. The act in question was of the general type the EE was hired to perform
37
Q

What did the Fair Labor Standards Act create

A
  1. Created Minimum Wage
  2. Overtime
  3. Child Labor protections - can’t work under the age of 14 and can’t do hazardous things until 18
  4. Equal Work for Equal Pay
38
Q

if it is a part of the pre-employment requirements then can check randomly at any time otherwise you must have a reasonable suspicion

A

Legal Drug testing

39
Q

passes standards to keep people safe at work and to protect workers, has scheduled and unscheduled inspections, and can fine for violations

A

OSHA Occupational Safety and Health Administration

40
Q

no fault insurance plan for employee and employer

A

Workers Compensation

41
Q

Workers Comp. arms and legs

A

scheduled member

42
Q

workers comp head neck and torso

A

body as a whole

43
Q

what are the 2 things that an employer must pay for under workers compensation

A

medical bills, reasonable healing period benefit (exception is coming and going)

44
Q

allows employee up to 12 weeks of unpaid leave and are required to bring the employee back in a different but equal position if the job is not available

A

family medical leave act

45
Q

intentional discrimination that requires you to be a part of a protected class, apply for a job, be qualified for the job, denied the job, and the job must remain open

A

Disparate Treatment

46
Q

facially neutral practice that has impact of discrimination

A

Disparate Impact

47
Q

Name 3 common defenses to racial job discrimination

A

sonority system, collective bargaining, job test

48
Q

can discriminate against this if it is a bona fide occupational qualification

A

sex discrimination

49
Q

goal is to make the workplace like the real world and in order to create more diversity you might have to inflate the numbers to look better

A

Affirmative Action

50
Q

any major world religion and anyone who has a sincere and meaningful belief occupying in the life of a possessor a place parallel to that filled by god

A

Religious Discrimination

51
Q

protects people 40+ from being fired due to their age as long as you can do your job

A

age discrimination

52
Q

can’t discriminate on disability and must be reasonable to accommodate them

A

Disability Discrimination

53
Q

physical/mental impairment that substantially limits major life activity

A

disability

54
Q

people not covered under disability

A 
homosexual/bisexual 
Deptomainac
Pyromaniac
Expositionism
Gambling
Recovering drug/alcohol addict
morbid obesity
55
Q

name the 2 types of sexual harassment

A

quid pro quo - this for that

Hostile work environment

56
Q

work made unbearable by comment suggestion or inuendo

A

hostile work environment

57
Q

what can supervisors due to prevent sexual harassment

A

gauge the comfort level of the employee, have separate shifts, and if that doesn’t work then you can fire them

58
Q

contract so unfair/one-sided that it shocks conscience of public and probably will not be upheld

A

unconscionability

59
Q

intentionally mislead whether a material statement of fact or silent material misstatement of fact

A

fraud

60
Q

created the consumer product safety commission which can force recalls of products

A

Consumer protection Act

61
Q

requires lenders to fully disclose terms in a loan and provide the total amount to be paid

A

truth in lending act

62
Q

prevents abusive behavior of debt collection agency’s can’t call 3rd party and tell them about the debt also can’t call before 8am or after 9pm

A

Fair Debt Collections Act

63
Q

personal liquidation all debt forgiven

A

chapter 7 bankruptcy

64
Q

personal reorganization where you keep all your debt and you must go under credit counseling

A

chapter 13

65
Q

corporate reorganization similar to chapter 13

A

chapter 11

66
Q

farmers and fishermen bankruptcy which is a hybrid of chapter 13 and 7 where you get to keep more because to try and protect family farms

A

chapter 12

67
Q

name the exempt property under Iowa law

A 
rifle
shotgun/musket
house on 1/2 acre or less if you have lived there for more tan 40 months or get up to 125,000
Engagement/Wedding Ring
2,000 of clothing and trunks
5,000 for car
one acre burial plot 
professionally prescribed health aids
up to 2,500 in household furnishings 
wild card of $100

Legal and Social Environment of Business (3 decks)

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