Important Legal Terms Flashcards
Guardian Ad Litem
Person appointed to protect interests of a minor/incompetent person or an animal
Statute of Frauds
Requires production of written memo before courts will enforce certain types of contracts
Parol Evidence
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
Law of Agency
Involves a person who has been authorized to act on behalf of another
Promissory Estoppel
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
Veterinary Practice Act
State’s commonwealth law codified into regulations that describes what licensed and non-licensed practitioners can do/cannot do, describes acceptable medical standards
The Law of Unjust Enrichment
Created to avoid unjust enrichment of one part at the expense of another (ex. owner receives emergency care at the vet’s expense)
Contract Law
Agreement establishes an obligation
Negligence
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
EEOC
Equal Employment Opportunity Commission- enforces laws prohibiting employment discrimination; applies to employers of 15 or more (for at least 20 weeks)
IRCA
Immigration Reform and Control Act-preserves jobs for American citizens and legal immigrants; established I-9 requirement; applies to most employers
FLSA
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
Title VII of the Civil Rights Act of 1964
Employers cannot discriminate hiring, promotion, wages, due to race, color, religion, sex, or national origin. Enforced be the EEOC
Sexual Harassment Law of 1964
Addresses gender-based, sex-based discrimination, defines sexual harassment and holds employers responsible.
Pregnancy Discrimination Act of 1978
Employers cannot discriminate based on pregnancy, childbirth, or related medical conditions; applies to workplaces of 15 or more.
Americans with Disabilities Act of 1990
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.
Age Discrimination in Employment Act of 1967
Employers cannot discriminate based on age for persons 40 years or older; applies to employers of 20 or more.
Family Medical Leave Act of 1993
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.
Workers’ Compensation
Protects employees involved in work related injuries; applies to all employees; states have specific laws pertaining to collection of damages
FUTA
Federal Unemployment Tax Act-employers must pay tax to fund unemployed workers with financial support in the event of temporary, involuntary unemployment.
FICA
Federal Insurance Contribution Act-employee and employer pay to fund social security and medicare.
ERISA
Employee Retirement Income Security Act of 1974-Employees in qualified benefit programs; outlines obligations, rights, rules, communication surrounding these benefits.
COBRA
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
HIPPA
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.
