Agency
Forms
Employment Law
Discrim. in Employment
Corp. Governance
100
Legal doctrine by which a principal can be held vicariously liable for the torts committed by employees within the scope of employment.
What is respondeat superior?
100
This business form is often formed inadvertently, based on the nature of the owners' participation together.
What is a general partnership?
100
The default doctrine under which either the employer or the employee may terminate the employment relationship at any time, and for any non-discriminatory reason.
What is "At Will"?
100
This is a type of act that allows plaintiffs to allege discrimination using statistical data even when the employer's policies and practices are facially neutral.
What is disparate impact discrimination?
100
These persons enjoy corporate veil protection from personal liability for corporate acts.
Who are Shareholders?
200
Power in an agent which is created by a third party's perception of the Principal's words or conduct.
What is apparent authority?
200
This business form allows an owner to invest in, and participate in, in the business without being exposed to personal liability or double taxation.
What is a Limited Liability Company?
200
The federal act, passed in 1935 which provides for retirement, survivorship, and disability insurance benefits for American workers.
What is Social Security?
200
This is the federal administrative body that monitors compliance with Title VII of the Civil Rights Act of 1964.
What is the Equal Employment Opportunity Commission (EEOC)?
200
Method by which a court can hold shareholders personally liable for the debts of the corporation.
What is piercing the corporate veil?
300
Any copyrighted work created by an employee at the request of the employer that legally becomes the property of the employer.
What is a Work for Hire?
300
The amount of votes required to hold an official vote on a corporate proposal.
What is a quorum?
300
The activity that causes employers to be subject to Federal employment laws such as the FLSA, NLRA, and ERISA.
What is engaging in interstate commerce?
300
the law may recognize this when a plaintiff presents objective proof of intolerable working conditions, which the employer knew about or should have known about, yet failed to correct within a reasonable time period.
What is constructive discharge?
300
This act can subject a director to personal liability, regardless of whether the director used his or her best judgment at the time of the act?
What is breaching the duty of loyalty?
400
It is the chief criteria considered by the IRS when determining whether an agent is an employee or an independent contractor.
What is the degree of control?
400
The key consideration determining whether a franchisor can be held vicariously liable for the torts of its franchisee.
What is the degree of control over the conduct of the franchisee?
400
The method by which an employee who is accidently injured in the course of employment may collect damages without filing suit or showing fault?
What is state Workers' Compensation Law?
400
An employer must consider whether this can be provided before deciding not to hire an applicant based on his or her disability.
What is reasonable accommodation?
400
These persons decide how much to pay the directors.
Who are the directors?
500
1) Lapse 2) Purpose acheived 3) Occurence of a specific event 4) Mutual Agreement, or 5) By Operation of Law
What are ways that agency relationships may be terminated?
500
The doctrine by which the corporation or its shareholders can hold directors or officers personally liable for acts taken on behalf of the corporation that are beyond their express or implied powers.
What is ultra vires?
500
The amount of time an employee must work full-time for the same employer to qualify for FMLA coverage.
What is one year?
500
This defense to discrimination does not deny the discriminatory practice, but rather shows that a particular trait is essential to the job (race, color and national origin can never qualify for this defense).
What is a Bona Fide Occupational Qualification (BFOQ)?
500
Proposed amendments to the Articles of Incorporation or bylaws, whether to conduct a merger or acquisition, or whether to sell of substantially all of the corporation's assets are decisions that are voted upon by these persons.
Who are shareholders?
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