Final Study Flashcards
Mediation process
- Intake
- Foundation
- Communication
- Problem solving
- Agreement creation
- Revisiting/ reflection
Advantages of ADR
Faster Cost efficient Private/confidential Increased control preserve relationships Level of satisfaction
Arbitration
Parties to dispute submit their differences to a judge or an impartial person
Elements of a contract
Capable parties - reasonable adult Mutual assent - agree to same thing Offer- clear and definite exchange Acceptance - performing conditions Consideration- both giving and getting Legal subject matter -
Quasi contracts
Legal agreement made by court to two parties previously not made formally
Detrimental reliance
Relied on a promise of another to your determinant
Assault tort
Actions that cause reasonable fear of intimate battery
Actions before battery
Battery tort
Intentional or harmful contract
Offensive contact
Trespass tort
Personal, real interference or encroachment on property
Conversion tort
Interference wig someone else property
Stealing and converting use
Render it unusable
Fraud tort
the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right
False claims
Defamation tort
Publishing of a false statement that damage results Libel-written Slander- spoken Has to be false Public figure treated different
Defense of tort
Consent
Self defense
Assumption of risk
Necessity
Elements of negligence
Duty
Breach
Causation
Intervening event?
DamageEmployee obligations
Duty of loyalty Trade secrets Non compete clause Duration Scope
FLSA
Fair labor standards act
Max and min hours
Applies to hours employees not salaried
FMLA
Family medical leave act 12 weeks unpaid Only applied to company with 50 or more employees Have to work for employer for a year Up to 26 weeks for a serive worker
Title 7
Race, color, sex, religion, national origin, genetic information
15 or more employees
Cannot hire, fire, or terms of conditions
Harassment
Harassment types
Quid pro qoo- You do something for me I will do something for you
Hostile work environment- comments, atmosphere, actions, workers can alter environment
To prove title 7 violations
You are a member of a protected class
You are qualified for position
You have been harmed in some way
Defendants response to title 7
Non discriminatory reason
Bona fid occupation qualification- trait is necessary for job
Customer preference does not apply
Equal Pay Act
For men and women to be paid the same:
Skill, effort, responsibilities, and working conditions
Americans with Disabilities Act
Capable of doing job with reasonable accommodations Always free to hire most qualified Applies to 15 or more employees Does not pose undue hardship Nature and cost of accommodation Overall resources of facility Overall resources available Business net income
Age discrimination in employee act
+40
20 people
