Important Legal Terms

Question 1

Guardian Ad Litem

Answer 1

Person appointed to protect interests of a minor/incompetent person or an animal

Question 2

Statute of Frauds

Answer 2

Requires production of written memo before courts will enforce certain types of contracts

Question 3

Parol Evidence

Answer 3

Signed written contract present including a clause that the document represents the entirety of the contract– additional oral testimony altering or contradicting terms not permitted

Question 4

Law of Agency

Answer 4

Involves a person who has been authorized to act on behalf of another

Question 5

Promissory Estoppel

Answer 5

The party has relied on a promise of another party, and the party relying on the promise incurs substantial detriment due to lack of fulfillment of promise

Question 6

Veterinary Practice Act

Answer 6

State’s commonwealth law codified into regulations that describes what licensed and non-licensed practitioners can do/cannot do, describes acceptable medical standards

Question 7

The Law of Unjust Enrichment

Answer 7

Created to avoid unjust enrichment of one part at the expense of another (ex. owner receives emergency care at the vet’s expense)

Question 8

Contract Law

Answer 8

Agreement establishes an obligation

Question 9

Negligence

Answer 9

Exists when someone fails to do what a reasonable person of similar skills would have done. (ex comparing a general practitioner to another general practitioner) and results in damages

Question 10

EEOC

Answer 10

Equal Employment Opportunity Commission- enforces laws prohibiting employment discrimination; applies to employers of 15 or more (for at least 20 weeks)

Question 11

IRCA

Answer 11

Immigration Reform and Control Act-preserves jobs for American citizens and legal immigrants; established I-9 requirement; applies to most employers

Question 12

FLSA

Answer 12

Fair Labor Standards Act-any employee working more than 40 hours in one week must be paid overtime unless exempt; regulate employment of minors; applies to all practices; enforced by US Department of Labor

Question 13

Title VII of the Civil Rights Act of 1964

Answer 13

Employers cannot discriminate hiring, promotion, wages, due to race, color, religion, sex, or national origin. Enforced be the EEOC

Question 14

Sexual Harassment Law of 1964

Answer 14

Addresses gender-based, sex-based discrimination, defines sexual harassment and holds employers responsible.

Question 15

Pregnancy Discrimination Act of 1978

Answer 15

Employers cannot discriminate based on pregnancy, childbirth, or related medical conditions; applies to workplaces of 15 or more.

Question 16

Americans with Disabilities Act of 1990

Answer 16

Employers must make reasonable accommodations for applicants and employees with disabilities unless accommodation imposes undue hardship on business operations; applies to employers of 15 or more and individuals on payroll for at least 20 weeks per year.

Question 17

Age Discrimination in Employment Act of 1967

Answer 17

Employers cannot discriminate based on age for persons 40 years or older; applies to employers of 20 or more.

Question 18

Family Medical Leave Act of 1993

Answer 18

Eligible employees entitled to 12 workweeks of job-protected, unpaid leave during a 12 month period due to health condition, addition of new child to family, care of spouse/child/parent; applies to employers of 50 or more employees who work 20 weeks or more; employees eligible if they work 1250 hours during 12 month period immediately preceding the commencement of leave.

Question 19

Workers’ Compensation

Answer 19

Protects employees involved in work related injuries; applies to all employees; states have specific laws pertaining to collection of damages

Question 20

FUTA

Answer 20

Federal Unemployment Tax Act-employers must pay tax to fund unemployed workers with financial support in the event of temporary, involuntary unemployment.

Question 21

FICA

Answer 21

Federal Insurance Contribution Act-employee and employer pay to fund social security and medicare.

Question 22

ERISA

Answer 22

Employee Retirement Income Security Act of 1974-Employees in qualified benefit programs; outlines obligations, rights, rules, communication surrounding these benefits.

Question 23

COBRA

Answer 23

Consolidated Omnibus Budget Reconciliation Act- Qualified individuals allowed to extend health coverage on self-pay basis for 18-36 months after termination; applies to employers of 20 or more and who leave under certain circumstances

Question 24

HIPPA

Answer 24

Health Insurance Portability and Accountability Act- protects employees’ health insurance coverage when they change jobs, limits pre-existing conditions, prohibits discrimination based on health status; applies to all.

Question 25

MHPA

Answer 25

Mental Health Parity Act-Consistent benefits between medical/surgical and mental health benefits; all eligible employees.

Question 26

EPPA

Answer 26

Employee Polygraph Protection Act of 1988- Prohibits most employers from using lie-detector tests during or before employment; some exceptions such as security guards.

Question 27

FDCPA

Answer 27

Fair Debt Collection Practices Act-limits what debt collectors can do in attempt to collect; cannot harass, use oppressive tactics or abusive treatment.

Question 28

Tax Act of 2003 (section 179)

Answer 28

179- Increased amount of eligible property that can be written off in the first year.
Section 168k-additional deduction of %50 of remaining balance of equipment purchased that is above the max value for Section 179

Question 29

MACRS

Answer 29

Modified Accelerated Cost Recovery System-established formulaic table to calculate depreciation

Question 30

PPACA

Answer 30

Patient Protection and Affordable Care Act of 2010-Mandatory health coverage or pay penalty, certain services must be covered by health insurance.

Question 31

CCPA

Answer 31

Consumer Credit Protection Act of 1968-protects employees from dismissal due to having wage garnished, limits amount of garnishment per week.

Question 32

NLRA

Answer 32

National Labor Relations Act of 1935- protects rights of employees to engage in collective bargaining/unionizing

Question 33

OSHA

Answer 33

Occupational Safety and Health Act of 1970-instituted to provide standards for workplace health and safety

Question 34

USERRA

Answer 34

Uniformed Service Employment and Reemployment Rights Act of 1994-protects service members’ and veterans’ employment rights including protecting jobs while deployed.