RBM Test 1 Flashcards
Definition of Law
entire body of principles that govern conduct. Enforced by courts.
National Constitution regulates what?
Taxes, Interest rates, currency copyrights, regulate the economy
State constitution
Regulations of business in their own state
Statutory law
Lawmakers have power to adopt ordinances
Administrative regulations
effects agriculture the most.
Name 5 agencies that are regulated by administrative law
SEC, USDA, IRS, EPA, OSHA, BLM, FDA, USFS
Case Law
First impression by court.
Prohibitive
a restraint of trade or prohibits conspiracies.
common law
principles that are based on customs and usages of the community
Contract Labor
Employer is responsible for assuring that workers are paid.
Contract labor are joint employees if?
Direct, control and supervise, determine pay rates.
Purpose of OSHA
to asure safety
Three branches of government
judiciary, legislative, executive
Who does OSHA cover
covers all employers involved in interstate commerce
Name some recordable injuries
death, miss work, medical attention, transfer to another job.
Unemployment Compensation Act
More firing, higher rates, based on how many you hire and fire. variable.
When can an agriculture employer can get workers comp
Annual pay is over $31,308, or 3 or more full time employees.
What to know about workers comp
Varies from State to state
Conditions at which ag employers are affected by unemployment act
employee works for 20 weeks or employer pays $1500 or more during any quarter.
Who is considered a seasonal worker?
one that is temporary in nature and not required to spend the night away from their address
5 steps to recruiting and selecting
- Consider the needs of the position
- Build and applicant pool
- evaluate applicants
- Make a selection
- Hire and train
Classification of contracs
Formal, informal, express, implied, voidable, valid, void,
Requirement for an enforceable contract
Mutual content, capacity, genuiness of consent, consideration
Offers
written, text, email, word of mouth,
when does an offer end?
at a stated time, counter offer, death or insanity of offerer.
Non-offers
statement made in anger, social events, joking.
Acceptance
can be in any form, word or act.
Contractual capacity
Age, sanity, and no intoxication.
Unilateral Mistake
A problem that doesnt matter, unless the contract states it.
Mutual Mistake
both parties make a mistake, agreement is void.
Misrepresentation
If they are unknowingly misrepresented then they are not responsible for their act.
Concealment
one party cannot void a contract becuase the other held in information.
Fraud
Intention of causing the other party to enter a contract relying on fake facts.
Things to think about when getting a lease
Who owns the property, Who is responsible for the fence roads and water, the stocking rates.
Undue influence
One person is helpless in the hands of the other
Duress
One cannot threaten another.
Consideration
down payment on future contract. Cattle contracts are like that
When must contracts be written?
33 days or longer, over $500, marriage, sales of land or building.
Types of leases
Fixed cash, share lease, adjustable cash, per head basis
