RBM Test 1

Question 1

Definition of Law

Answer 1

entire body of principles that govern conduct. Enforced by courts.

Question 2

National Constitution regulates what?

Answer 2

Taxes, Interest rates, currency copyrights, regulate the economy

Question 3

State constitution

Answer 3

Regulations of business in their own state

Question 4

Statutory law

Answer 4

Lawmakers have power to adopt ordinances

Question 5

Administrative regulations

Answer 5

effects agriculture the most.

Question 6

Name 5 agencies that are regulated by administrative law

Answer 6

SEC, USDA, IRS, EPA, OSHA, BLM, FDA, USFS

Question 7

Case Law

Answer 7

First impression by court.

Question 8

Prohibitive

Answer 8

a restraint of trade or prohibits conspiracies.

Question 9

common law

Answer 9

principles that are based on customs and usages of the community

Question 10

Contract Labor

Answer 10

Employer is responsible for assuring that workers are paid.

Question 11

Contract labor are joint employees if?

Answer 11

Direct, control and supervise, determine pay rates.

Question 12

Purpose of OSHA

Answer 12

to asure safety

Question 13

Three branches of government

Answer 13

judiciary, legislative, executive

Question 14

Who does OSHA cover

Answer 14

covers all employers involved in interstate commerce

Question 15

Name some recordable injuries

Answer 15

death, miss work, medical attention, transfer to another job.

Question 16

Unemployment Compensation Act

Answer 16

More firing, higher rates, based on how many you hire and fire. variable.

Question 17

When can an agriculture employer can get workers comp

Answer 17

Annual pay is over $31,308, or 3 or more full time employees.

Question 18

What to know about workers comp

Answer 18

Varies from State to state

Question 19

Conditions at which ag employers are affected by unemployment act

Answer 19

employee works for 20 weeks or employer pays $1500 or more during any quarter.

Question 20

Who is considered a seasonal worker?

Answer 20

one that is temporary in nature and not required to spend the night away from their address

Question 21

5 steps to recruiting and selecting

Answer 21

1. Consider the needs of the position
2. Build and applicant pool
3. evaluate applicants
4. Make a selection
5. Hire and train

Question 22

Classification of contracs

Answer 22

Formal, informal, express, implied, voidable, valid, void,

Question 23

Requirement for an enforceable contract

Answer 23

Mutual content, capacity, genuiness of consent, consideration

Question 24

Offers

Answer 24

written, text, email, word of mouth,

Question 25

when does an offer end?

Answer 25

at a stated time, counter offer, death or insanity of offerer.

Question 26

Non-offers

Answer 26

statement made in anger, social events, joking.

Question 27

Acceptance

Answer 27

can be in any form, word or act.

Question 28

Contractual capacity

Answer 28

Age, sanity, and no intoxication.

Question 29

Unilateral Mistake

Answer 29

A problem that doesnt matter, unless the contract states it.

Question 30

Mutual Mistake

Answer 30

both parties make a mistake, agreement is void.

Question 31

Misrepresentation

Answer 31

If they are unknowingly misrepresented then they are not responsible for their act.

Question 32

Concealment

Answer 32

one party cannot void a contract becuase the other held in information.

Question 33

Fraud

Answer 33

Intention of causing the other party to enter a contract relying on fake facts.

Question 34

Things to think about when getting a lease

Answer 34

Who owns the property, Who is responsible for the fence roads and water, the stocking rates.

Question 35

Undue influence

Answer 35

One person is helpless in the hands of the other

Question 36

Duress

Answer 36

One cannot threaten another.

Question 37

Consideration

Answer 37

down payment on future contract. Cattle contracts are like that

Question 38

When must contracts be written?

Answer 38

33 days or longer, over $500, marriage, sales of land or building.

Question 39

Types of leases

Answer 39

Fixed cash, share lease, adjustable cash, per head basis