Employment & Labor Law
This Act provides a 12 week leave during 12-month period for several family-related occurrences.
What is the Family and Medical Leave Act (FMLA)?
A court will admit this legal doctrine to help clear up ambiguities in an agreement.
What is "parol" evidence?
The government cannot deprive one of "life, liberty, or property" without a due process of law according to this Amendment.
What is Amendment V of the U.S. Constitution of America?
The law offers protection for creditors, and fresh financial start to debtors.
What is the Revised Bankruptcy Abuse Prevention and Consumer Protection Act of 2005?
Individual who is authorized to act on behalf of a principal.
Who is an Agent?
Name the three major forms of ADRs
What are Negotiation, Mediation, Arbitration?
This legal doctrine allows employers fire employees for any reason. But there are these three exceptions.
What are at-will employment; Union, Discrimination, Public Policy?
Eloise and Griffin both sign a piece of paper which says, "E" agrees and to pay "G" $20 and "G" agrees to wash "E's" car in exchange for $20. This type of contract is know as...
What is a bilateral contract?
He is currently the Chief Justice of the U.S. Supreme Court.
Who is John Roberts, Jr.?
This court has jurisdiction over bankruptcy petitions.
What is Federal Bankruptcy court?
An agency creates this type of relationship.
What is a fiduciary relationship? (one person acts on behalf of another).
Name the three classifications of crimes.
What are Felonies (major offenses); Misdemeanors (minor offenses); Violations (infarctions, usually a fine)
This agency is responsible for immigration worksite enforcement.
What is the Immigration Customs and Enforcement (ICE)?
Prior court cases that control future decisions is called this.
What is precedents?
True or False: Our Constitution places "the power of the purse" with the executive branch and the "power of the sword" with Congress,
This is False. (it is the reverse)
Several types of relief are available under bankruptcy law; name and describe three.
What are Chapters 7, 9, 11, 12, 13?
This is when a principal leads a third party to believe another individual acts as the principal's agent.
What is agency by estoppel?
In a criminal case, the burden of proof is on what party.
What is the government who must prove its case by a preponderance of evidence?
When the Fair Labor Standards Act, is increased, this group(s) claims they will suffer.
Who are the corporations, stockholders?
Contracts that may be terminated by one or more of the contracting parties are this.
What are executory contracts?
According to U.S. Constitution the type of court has jurisdiction to hear and decide political questions.
What is the state courts
Under Chapter 7 debtors are required to list executory contracts. Provide an example of an executory contract.
What is a contract that is not fully performed or completed?
This happens when an individual misrepresents himself as another party's agent, and the principal accepts the unauthorized act.
What is agency by ratification?
The detention of one person by another against the former's will, without just cause for an appreciable amount of time is called this...
What is False imprisonment?
Delgado died in a workplace accident. The supervisor had ordered Delgado to perform a task that was virtually certain to kill or cause him serious bodily injury. Delgado family remedy is this.
What is Worker's Compensation.
Todd, a 16-year-old, negligently crashes into Cami's car and caused extensive damage. Todd cannot make this type of defense argument.
What is Todd cannot disaffirm (deny) liability for his negligence?
The XXV Amendment of the U.S. Constitution deals with these situations.
What is Presidential disability / death / succession?
Once a petition is filed (voluntary or involuntary) the court will issue this to debtors
What is an automatic stay?
Expressed agency is made by a written or oral agreement. When homeowners asked a real estate broker to help sell their home this is an ...
What is an implied agency relationship has been formed? (Legally agency by implied authority cannot conflict with any express authority.)
Partnership by estoppel consists of these two elements:
What are 1. a representation that the one party sought to be bound is a partner; 2. the one whom the representation is made must rely on the representation?
NLRB is primarily responsible for two major activities.
What is the conduct of employer & union during an election to determine if workers want union representation. Prevent unfair labor practices?
To win a negligence tort case, the plaintiff must prove these 4 elements
What are Duty, Breach of Duty, Causation, & Damages?
According to the Tenth Amendment to the Constitution our government is based on this principle.
What is federalism; the authority is divided; the right to govern is divided between the federal and state governments.
The role of the Trustee is this...
Who is a person who takes over administrating the debtor's estate; usually an attorney?
Hal sells used cars for "Not a Lemon" on commission. When Hal receives his pay, he believes the owner shorted his commission pay. Hal has the right to request this...
What is an accounting from an auditor to determine if he was paid the proper amount?
General partner and Limited partner obligations are similar with this one major exception
What is the General Partner has an obligation of management, whereas the Limited partner does not participate in the management of the partnership?