Law Final

Question 1

Stare Decisis

Answer 1

When courts use previous cases to make decisions.

Question 2

Age discriminination: Statute, Protected Class, Prohibits

Answer 2

Statute: Age Discrimination in Employment Act
Protected Class: 40
Prohibits: Discrimination based on age

Question 3

When and who can the ADEA sue

Answer 3

Employers with over 20 employees and involved in interstate commerce. Cannot sue state employers under ADEA

Question 4

Discrimination based on Disability: Statue, Protected Class, Employers subject to ADA?

Answer 4

Statute: Americans with Disabilities
Protected Class: People with disabilities
Employers subject to ADA: 15 or more. Not state gov employers

Question 5

Title VII. Statute? Protected Class?

Answer 5

Statute: Title 7 of the Civil Rights Act

Protected Class: Race, color, religion, national origin, sex/gender

Question 6

Employers subject to Title VII

Answer 6

Everyone is subject to it. More than 15 employers = statute. Less than 15 employers= Supreme court

Question 7

What are the three types of Discrimination under Title VII?

Answer 7

Intentional, Unintentional, and harassment

Question 8

Four things that prove Title VII was intentional?

Answer 8

Member of Protected Class
Applied for Job and was qualified
Prove was not hired
They hired someone else not in protected class

Question 9

Unintentional Discrimination

Answer 9

Employers practices, procedures, or tests adversely affect protected class

Question 10

Harassment: Two forms

Answer 10

Quid Pro quo: “something in exchange for something else” (sexual favors

Hostile environment: e/ee subjected to sexual/racial comments or jokes

Question 11

Copyright

Answer 11

Intangible property right granted by a law to an author originator of literacy work or artistic work (Books, records, films, artwork, photographs, etc.)
Duration - Creators life +70 years
Protection - is automatic when idea is expressed in tangible form

Question 12

Patent

Answer 12

Grant from the government that gives an inventor the right to exclude others from making and selling an invention.
An invention may be licensed to others to make and sell in exchange for royalties
Duration - Invention = 20 years from the date of filing the patent application. (Design must be completed within 14 years of filing application)
Protection - acquired by filing a patent application

Question 13

Trademark

Answer 13

distinctive mark, motto, device, or implement that a manufacturer stamps.
Duration - unlimited
Protection - acquired by use of the mark. May register with federal or state office to provide notice of use.
Needs to be renewed between the 5th and 6th year and then every 10 years