Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

mgmt > mgmt 10 final > Flashcards

mgmt 10 final Flashcards

1
Q

Employment Law

A
  • prior 1930’s no labor law
  • had agency (to define when the employer would be liable for what the employee did) which allowed protests on employers of their employees
  • strictly product of statute
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

FLSA(fair labor standards act)

A

-initially passed to end child labor
↳dealt with other thing like
↳ set the minimum wage
↳ 40 hr work week( federal rule)
↳ CA (8hr/day)
- lunch break (30 min) and rest breaks
Federal
- over 40 hr work week (overtime)
- defined whos entitles for lunch break/overtime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Exempt employees

A

limited to professionals like doctors, lawyers, accountants
- Administrators like managers, supervisors
- Executives - the decision makers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Independent contractors

A
  • set their own schedules
  • reliable for own contractors
  • bring and pay for own supplies
  • liable for torts/contracts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

employees

A
  • health benefits
  • required to have works comp
  • not liable for torts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

intellectual property

A

patent, trademark, and copyright

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

patent

A

-did not exist as a common law
- exclusively statutorily created
- must be registered for it to be protected
- last 20 years
- deals with machines, products, conventions, plants created by non sexual reproduction
* Utility-20yrs,
* design (less Used;Nike )-14yrs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

fraud

A

make a material misrepresentation of a fact on which someone reasonable relies to their detriment
1. intentional tort
2. defense to contract to make the contract voidable
3. can be a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

copyright

A
  • common law right so don’t need to register it
  • protects original thought in fixed form = has to be written
  • magazine article, cover books, newspaper, art, computer program
  • Fair Use Doctrine: allows copyright for school, comedy, scholarship, research, criticism
  • Time: Life of creator + 70 years
    EX: Sony v Paramount
  • if copying from TV (Fair Use)
  • if copying from TV & making profit (Copyright)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

defenses to negligence

A
  1. contributory - absolute bar
  2. (in CA) comparartive- allocate liability, amouunt that is due
  3. assumptiin of the risk- knowing there is risk and choosing to do it anyway
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

statutes of frauds

A

certain contracts must be in writing
1. contracts for any interest in land
2. contracts that can’t be performed within a year
3. goods over $500
4. contracts to answer for the debt of another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

FEHA( Fair Employment Housing Act)

A
  • mirrors Title 7
  • protects sexual preference
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Civil Rights Acts 1964

A
  • passed to end race discrimination
  • included religion and national origin, sex
  • later age, disability, pregnancy, and sexual preference got added
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

BFOQ (Bona Fide Occupational Qualification)

A
  • race NOT BFOQ
  • protects religion bc 1st amendment
  • has to do w/ job (ex: male officer strip searching male inmates)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Harassment

A
  1. Quid Pro Quo
    2.hostel work environment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Quid Pro Quo

A
  • ultimatum that is sexually connected to employment
    “sleep with me or get fired”
  • immediately sue
17
Q

hostel work environment

A
  • Sexual jokes, watching porn at work
  • HAVE to first report to HR before suing
  • to be questionable needs Severe & Pervasive
18
Q

Intrusive Land

A
  1. free simple- owner on record “i won the property”
  2. leasehold - the right to the use and enjoyment of a property for a period of time
  3. life estate - give someone the right to fully enjoy & use house for themselves for the remainder of their life (NOT SELL)
  4. easements- the rights to cross property
    - utility( SMUD, water company)
    - “to and fro” - is done by agreement but…, access across one’s property ex. driveway
19
Q

A bailment

A

an act of delivering goods to a bailee for a particular purpose, without transfer of ownership (valet, coat checker) have possession but no ownership

20
Q

licence

A

give them the right to be there for a specific amount of time and for a specific purpose

21
Q

trademark

A

property right provided by the common law
- mark, letters, words, design used with a product ex. nike and nike swoosh

22
Q

trade dress

A

The way it looks/ knock off (ex: Bubbas BBQ)
3 Requirements
1) non-functional
2) inherently distinctive
3) infringement creates confusion
dose pesos v. taco cabana

23
Q

Scope of Employment

A
  • would be liable for the torts committed by our employees if it was done by the course and scope of their employment
  • not foreseeable during work
  • cannot be in frolic of their own
  • out of scope -> frolic of their own
    EX: Delivery guy on freeway stopped for a hamburger
24
Q

Expressed Authority

A

Employer telling you specifically what to do/ agreement spelled out

25
Q

Implied Authority

A

tasks never discussed but should be done (common knowledge)

26
Q

Express + Implied Authority

A

actual authority

27
Q

Apparent Authority

A

created when you dont have the actual authority to do what you’re doing but the employer gives you an illusion that you do (calls you manager assistant instead of secretary)

28
Q

inducing breach of contract

A

i induce you to breach a contract with someone else whether to enter into one with me or to harm them
my liability would be intentional tort
you liability would be breaking the contract

29
Q

ERISA

A

Employee Retirement Income Security Act
- passed to protect pension funds
- covered all employee benefits like health care, dental care, visibility insurance

30
Q

corporations ( held closely)

A
  • not easy
  • limited # of investors (relying on relatives/friends/ppl you know)
  • must have articles of corporations
  • maintain minutes of meetings
31
Q

corporations (Publicly Held)

A
  • harder to put together
  • yearly shared meetings
  • unlimited # of investors (potentially)
  • shares of funding: selling ownership/debt
  • Liability: good Tax: bad/double taxed
32
Q

general partnerships

A
  • easy to form
  • no formal agreement/document but SHOULD HAVE
  • Funding: contribute or borrow
  • Liability: Liable to each other
  • Tax: Once, good
33
Q

limited partnerships

A
  • not easy
  • need general partner
  • formally create/maintain agreement
  • funding: ppl invest in it
  • Liability: as long as you don’t get involved in day to day business ( great ) if you do -> become general partner -> liabale
  • Tax: taxed on distribution of partners
34
Q

statues of limitation for negligence

A

oral- 2yr
fraud- 3yrs
written- 4yr

35
Q

elements of negligence

A
  • duty
  • breach of duty
  • cause in fact
  • proximate cause
  • damages
36
Q

3 elements of a contact

A
  1. offer
  2. acceptance
  3. consideration
37
Q

damages

A
  1. special damages - put a number to it, medical bills
  2. general damages - emotional distress
  3. punitive damages - punish the wrong doer( for intentional tort)
38
Q

contract damages

A
  1. compensatory damage - “benefit of the bargain”
    Hadley v. Braxandale
  2. consequential damage -
39
Q
A

mgmt (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions