Study Guide: Terms and Definitions
22 Cards in this Set
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Tort
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A civil wrong, a civil action in which one party brings a suit of a personal nature against another ex: car accident
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Intentional Tort
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You intend for actions to have consequences, to cause damage
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Negligence
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Risky behavior that has potential to cause harm
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Assault (Intentional)
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Creation of fear of offensive contact
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False Imprisonment (Intentional)
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Intentional confinement of another without justification, need reasonable ground to detain, reasonable time in detainment and reasonable questioning.
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Defamation
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wrongfully hurting another's reputation, slander-orally, libel-writing of some type, and defense is truth
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Trespass
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Entry without permission, no injury need to occur
Attractive Nuisance ex: a pool, children are not responsible so if you have a pool you are responsible if a child gets in it.
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Tortuous interference (Contractual)
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Ex: Blossom knows you are in a contract and tries to steal you away to join her contract. I can sue Palmer and Blossom
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Tortuous interference (business relations)
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Ex: Mitch has a blue jean shop and Fast Ed sells us the blue jeans at a discount and blossom hears about it and asks Ed if she opens 15 stores and only sells Ed's jeans. Mitch can sue Blossom for interrupting his business.
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Dram Shop Act
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Duty of the restaurant to serve limited to no amount of alcohol to clients who are previous intoxicated to coming in the restaurant.
Dram shop or dramshop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold.
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Social Host Doctrine
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Duty of host of party to make sure everyone who gets intoxicated at the social hosted at their house has a DD or gets a cab.
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Bankruptcy
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1 in 94 families files bankruptcy. You can file every 8 years
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Liquidation
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The Debtor's nonexempt property is sold for cash, then the cash is distributed to the creditors and any unpaid debt after the distribution are discharged.
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Fair Labor Standards Act of 1938
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before 1938 young children could work, there was no minimum wage, now a lot of issues remain.
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Employment at Will
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When an employer can hire someone when they need them and then fire then they don't need them anymore. However you now have to have a reason to fire them
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Exception for Employment at will: Public policy
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an employer can't fire employee if it's a violation of public policy
Ex: If you get fired for missing work for jury duty, you can sue
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COBRA (Consolidated Omnibus Budget Reconciliation Act)
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1985- if you are fired from a full time job when you receive health insurance, you can still receive insurance at the company rate (you pay now instead of company) for up to 18 months.
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Family and Medical Leave Act
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if your company has more than 50 employees, since 1993 you (male or female) can have 3 months for birth of child, to care for a sick parent, child, or spouse. You do not get paid while off but when you return you are guaranteed same job or one of the same level and same wages.
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Civil Rights Act Title 7
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If company has 15 or more employees you cannot discriminate on any level.
If you feel discriminated against you go through EECO (Equal Employment Opportunity Claim) who will decide if you have a case worth pursuing.
EX: A man applied to Hooters to be a waiter and he was denied. He s…
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Sexual Harassment
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Quid Pro Quo- Sleep with me you get the job, don't and you don't get it. This is easy to prove.
Hostile Environment- If you feel harassed and it affects your work, has to be unwelcomed ( you don't dress provocative) needs to be severe and pervasive. Doesn't have to be intentional. It's…
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Sexual Preference when hiring
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You do not have to hire gays and lesbians if you don't like their sexual preference, they cannot sue.
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Age Discrimination
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1967- In US, they like young people. Prohibits intentional and unintentional against people 40 and older, must have 20 or more employees.
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Study Guide: Terms and Definitions