Topic 1 Flashcards

1
Q

a set of rules for human behavior which are established by legitimate authority and which have a binding force

A

Law

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2
Q

a controlling rule, example, or guide—which provided a framework for other judges to follow in deciding later cases

A

Precident

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3
Q

The doctrine of a court following the precedent of an earlier court

A

stare decisis

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4
Q

The power of the Supreme Court to consider whether a law comports with the Constitution

A

Judicial Review

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5
Q

A contract relationship between a principal and an agent whereby the principal authorizes the agent to work on his or her behalf and with power to bind the principal.

A

Agency

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6
Q

A legally binding agreement between two parties

A

Contract

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7
Q

a civil wrong which causes someone harm

A

Tort

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8
Q

A form of secondary liability that comes from the doctrine of respondeat superior – “let the master answer for the servant”.

A

Vicarious liability

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9
Q

Employee conduct that is reasonably relative to a job description.

A

Scope of employment

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10
Q

An employee’s physical departure from the job in order to further his or her own interests and not the employer’s.
Ex. An employee runs a personal errand while driving to a meeting at a company branch office

A

Frolic and Detour

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11
Q

A legal principle that removes an employer’s liability from employees’ actions going to and from their place of employment.

A

Going and Coming Rule

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12
Q

Occurs when an employee conducts personal and work business at the same time; subjecting the employer to liability for the employee’s actions

A

Dual Purpose Mission

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13
Q

“Let the master answer for the servant” applies to which vicarious liability doctrine?

A

Respondent inferior

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14
Q

A worker who is not subject to wage, discrimination, tax, or liability laws.

A

Independent Contractor

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15
Q

A test that classifies a worker as an employee if the employer maintains the right to control the method of work performed.

A

Common Law Agency

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16
Q

A test that classifies a worker as an employee if the employee is substantially economically dependent on an employer.

A

Economic Realities Test

17
Q

A guide adopted by the Internal Revenue Service for determining if a worker should be classified as an independent contractor.

A

20-factor Analysis

18
Q

USERRA

A

Uniformed Services Employment and Reemployment Rights Act

19
Q

NLRA

A

National Labor Relations Act

20
Q

ADEA

A

Age Discrimination in Employment Act

21
Q

IRCA

A

Immigration Reform and Control Act

22
Q

A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.

A

Integrated Enterprise

23
Q

Two entities, not engaged in an integrated enterprise, that each exert control over an employee.

A

Joint Employer

24
Q

An agency that regularly procures employees for at least one covered employer; subject to employment law regulation.

A

Covered Employment Agency

25
An employer that is engaged in a commerce industry and employs fifteen or more employees.
Covered Employer
26
The predominant rule governing employer-employee relations that states that an employer may terminate an employee at any time, for any legal reason, without incurring liability.
Employment-at-will Doctrine
27
A rule of exception to the employment at-will doctrine that states that an employer cannot terminate an employee for reasons that violate public policy.
Public-policy Exception
28
Termination of an employee as punishment for engaging in a protected activity.
Retaliatory Discharge
29
A legally binding agreement which is created, not through formal contract negotiation and documentation, but by the actions of the employer and the employee.
Implied Contract
30
A presumption that each party in a contract will deal with each other in good faith and fairness.
Implied Covenant of Good Faith and Fair Dealing
31
A doctrine that requires certain contracts to be in writing.
Statute of Frauds
32
Resignation of an employee because an employer allows working conditions that are no longer tolerable for any reasonable employee.
Constructive Discharge
33
An employee’s claim that a third party pressures the employer to terminate an employee without cause.
Intentional Interference with a Contract
34
An employee’s claim that an employer terminated an employee in an intentionally reckless or outrageous manner that caused serious emotional and psychological damage.
Intentional Infliction of Emotional Distress
35
Which of the following laws has the least amount of power under the Supremacy Clause?
State laws
36
If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a
retaliatory discharge