Topic 1

Question 1

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

Answer 1

Law

Question 2

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

Answer 2

Precident

Question 3

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

Answer 3

stare decisis

Question 4

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

Answer 4

Judicial Review

Question 5

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.

Answer 5

Agency

Question 6

A legally binding agreement between two parties

Answer 6

Contract

Question 7

a civil wrong which causes someone harm

Answer 7

Tort

Question 8

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

Answer 8

Vicarious liability

Question 9

Employee conduct that is reasonably relative to a job description.

Answer 9

Scope of employment

Question 10

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

Answer 10

Frolic and Detour

Question 11

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

Answer 11

Going and Coming Rule

Question 12

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

Answer 12

Dual Purpose Mission

Question 13

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

Answer 13

Respondent inferior

Question 14

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

Answer 14

Independent Contractor

Question 15

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

Answer 15

Common Law Agency

Question 16

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

Answer 16

Economic Realities Test

Question 17

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

Answer 17

20-factor Analysis

Question 18

USERRA

Answer 18

Uniformed Services Employment and Reemployment Rights Act

Question 19

NLRA

Answer 19

National Labor Relations Act

Question 20

ADEA

Answer 20

Age Discrimination in Employment Act

Question 21

IRCA

Answer 21

Immigration Reform and Control Act

Question 22

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.

Answer 22

Integrated Enterprise

Question 23

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

Answer 23

Joint Employer

Question 24

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

Answer 24

Covered Employment Agency

Question 25

An employer that is engaged in a commerce industry and employs fifteen or more employees.

Answer 25

Covered Employer

Question 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.

Answer 26

Employment-at-will Doctrine

Question 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.

Answer 27

Public-policy Exception

Question 28

Termination of an employee as punishment for engaging in a protected activity.

Answer 28

Retaliatory Discharge

Question 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.

Answer 29

Implied Contract

Question 30

A presumption that each party in a contract will deal with each other in good faith and fairness.

Answer 30

Implied Covenant of Good Faith and Fair Dealing

Question 31

A doctrine that requires certain contracts to be in writing.

Answer 31

Statute of Frauds

Question 32

Resignation of an employee because an employer allows working conditions that are no longer tolerable for any reasonable employee.

Answer 32

Constructive Discharge

Question 33

An employee’s claim that a third party pressures the employer to terminate an employee without cause.

Answer 33

Intentional Interference with a Contract

Question 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.

Answer 34

Intentional Infliction of Emotional Distress

Question 35

Which of the following laws has the least amount of power under the Supremacy Clause?

Answer 35

State laws

Question 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

Answer 36

retaliatory discharge