gonzo notes chapter 5 Flashcards
Law in the United States depends on two sources for development and explanation: _______ bodies (Congress and state legislatures) and _______, both state and federal.
Legislative (congress and state)
courts
o A statutory law is adopted by a legislative body, written in the form of a statute, and then signed by the _____ or a state’s ______
President
governor
• Courts create ________ law through decisions made in connection with a particular legal controversy; the decision applies to any future case involving the same (or similar) facts.
common (or case)
• Common law was created to resolve ________
Disputes
________courts or courts of ______.
Appellate
Record
• Statutory law and common law are not always distinct. A legislative body may, by statute, overrule common law. An appellate court may declare a statute unconstitutional. (In matters involving fire departments and firefighters, only the _________ Court has truly national jurisdiction.)
U.S. Supreme
In 1964, Congress passed the first civil rights act since Civil War times. __________________stimulated enormous interest in individual rights, including the right to obtain (and retain) a job as a firefighter.
The Civil Rights Act of 1964
In matters involving fire departments and firefighters, only the U.S. Supreme Court has ______ ___________
national jurisdiction
• Age Discrimination in Employment Act (ADEA) was passed in ____ and has enjoyed an interesting history since then. Originally, it prohibits discrimination on the basis of age against all persons __ years of age or older, and it covered private employers and local governments employing __ ___ ____employees. Does not apply to states that have _____ ______ (there are __ states)
1967 40 20 or more Sovereign Immunity 23
• Fair Labor Standards Act (FLSA), first enacted in ____, FLSA governs work schedules; specifically, it establishes the right of employees to time and-one-half compensation after a minimum number of hours worked in a defined work period. A defined work period in the fire service profession is between __-__days
1938
1938
7 – 28
• Fourth Amendment
o Protects Americans against unreasonable ______.
Employers can search material on the computers though (emails)
searches
• Americans with Disabilities Act (ADA) became law in ____. ADA protects “qualified individuals with disabilities from discrimination in public service or employment. A “qualified individual” is defined as a person who can perform the “essential functions” of a job “with or without reasonable accommodation.”
1990
• Family and Medical Leave Act (FMLA). Established a right for employees to have unpaid medical leave when employed by employers with __ or more employees, including local governments. FMLA provisions include the following:
50
o The employee must have worked for the employer for at least ___ year and cannot collect unemployment or other government benefits during the leave period.
o An employer can deny leave to any of the highest-paid __% of its employees if allowing the leave would cause “substantial and grievous injury” to the employer’s operations.
One
10%
• Occupational Safety and Health Act (OSHA).
o Enacted by Congress in ____.
o Created _____ (research)
• Occupational Safety and Health Act (OSHA). o Enacted by Congress in \_\_\_\_. o Created \_\_\_\_\_ (research) 1973 NIOSH
