Final Exam

Question 1

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

Answer 1

Intentional Tort

Question 2

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

Answer 2

reasonable force

Question 3

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

Answer 3

false arrest or imprisonment

Question 4

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

Answer 4

shopkeeper privilege

Question 5

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

Answer 5

intentional infliction of mental distress

Question 6

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

Answer 6

trespassing

Question 7

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

Answer 7

duty

Question 8

what kind of duty is owed to trespassers

Answer 8

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

Question 9

what kind of duty is owed to guests or business invitees

Answer 9

reasonable care or general warning of dangerous area

Question 10

2 different types of damages

Answer 10

compensatory - loss of earnings and medical bills

Pain and suffering

Question 11

where damages are reduced by a percentage of fault

Answer 11

Modified Comparative Fault

Question 12

meant to punish

Answer 12

punitive

Question 13

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

Answer 13

Actual Causation

Question 14

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

Answer 14

Approximate Causation

Question 15

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

Answer 15

Res ipsa loquitur

Question 16

means that the thing speaks for itself

Answer 16

res ipsa loquitur

Question 17

what kind of duty is owed to bystanders

Answer 17

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

Question 18

responsible for things that others do with your stuff

Answer 18

imputed negligence

Question 19

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

Answer 19

loss of consortium

Question 20

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

Answer 20

strict liability

Question 21

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

Answer 21

products liability

Question 22

reasonable safety to me of their product

Answer 22

product negligence

Question 23

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

Answer 23

crash worthiness

Question 24

describe a warranty

Answer 24

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

Question 25

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

Answer 25

warranty of merchantability

Question 26

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

Answer 26

warranty of fitness for a particular purpose

Question 27

owning more than 50% of a market

Answer 27

monopoly

Question 28

name the five parts of analyzing a monopoly

Answer 28

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

Question 29

name the 3 parts of an attempted monopoly

Answer 29

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

Question 30

when two or mor competitors in the same product market compbine

Answer 30

horizontal mergers

Question 31

when 2 or more layers of competitors combine

Answer 31

vertical mergers

Question 32

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

Answer 32

conglomerate merger

Question 33

name the 5 parts of merger analysis

Answer 33

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

Question 34

how much control do I have over the person

Answer 34

employee rights

Question 35

let the master answer

Answer 35

Respondeat Superior/Scope of Employment

Question 36

name the four elements of Respondeat Superior

Answer 36

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

Question 37

What did the Fair Labor Standards Act create

Answer 37

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

Question 38

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

Answer 38

Legal Drug testing

Question 39

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

Answer 39

OSHA Occupational Safety and Health Administration

Question 40

no fault insurance plan for employee and employer

Answer 40

Workers Compensation

Question 41

Workers Comp. arms and legs

Answer 41

scheduled member

Question 42

workers comp head neck and torso

Answer 42

body as a whole

Question 43

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

Answer 43

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

Question 44

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

Answer 44

family medical leave act

Question 45

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

Answer 45

Disparate Treatment

Question 46

facially neutral practice that has impact of discrimination

Answer 46

Disparate Impact

Question 47

Name 3 common defenses to racial job discrimination

Answer 47

sonority system, collective bargaining, job test

Question 48

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

Answer 48

sex discrimination

Question 49

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

Answer 49

Affirmative Action

Question 50

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

Answer 50

Religious Discrimination

Question 51

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

Answer 51

age discrimination

Question 52

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

Answer 52

Disability Discrimination

Question 53

physical/mental impairment that substantially limits major life activity

Answer 53

disability

Question 54

people not covered under disability

Answer 54

``` homosexual/bisexual Deptomainac Pyromaniac Expositionism Gambling Recovering drug/alcohol addict morbid obesity ```

Question 55

name the 2 types of sexual harassment

Answer 55

quid pro quo - this for that | Hostile work environment

Question 56

work made unbearable by comment suggestion or inuendo

Answer 56

hostile work environment

Question 57

what can supervisors due to prevent sexual harassment

Answer 57

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

Question 58

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

Answer 58

unconscionability

Question 59

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

Answer 59

fraud

Question 60

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

Answer 60

Consumer protection Act

Question 61

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

Answer 61

truth in lending act

Question 62

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

Answer 62

Fair Debt Collections Act

Question 63

personal liquidation all debt forgiven

Answer 63

chapter 7 bankruptcy

Question 64

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

Answer 64

chapter 13

Question 65

corporate reorganization similar to chapter 13

Answer 65

chapter 11

Question 66

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

Answer 66

chapter 12

Question 67

name the exempt property under Iowa law

Answer 67

``` 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 ```