Business Law 391 Exam 3

a violation of another person's rights or a civil wrong doing that does not arise out of a contract or statute; primary types are intentional, negligent, and strict liability

a civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. includes assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels

a civil wrong that occurs when the defendant acts in a way that subjects other people to an unreasonable risk of harm; usually to achieve compensation for accidents and injuries

a civil wrong that occurs when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes; defendant is liable for the plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent

harm an individual's physical or mental integrity

a civil wrong that occurs when one person intentionally and voluntarily places another in fear or apprehension of an immediate offensive physical harm; doesn't require contact

a civil wrong that occurs when one person intentionally and voluntarily brings about a non-consented harmful or offensive contact with a person or something closely associated with him or her; requires actual contact

consent, self-defense, defense of others, defense of property

a false statement or an action that harms the reputation or character of an individual, business, product, group, government, or nation

defamation published in a permanent form (magazine/newspaper)

oral defamation

general damages are presumed; claim plaintiff has a loathsome communicable disease, has committed a crime for which imprisonment is a possibility, professionally incompetent, woman is unchaste

A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statement made, regardless of intent or knowledge of the falsity of the claim

A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statement made without actual malice

either a person's knowledge that their statement or published material is false or the person's reckless disregard for whether it was false

a special right, immunity, or permission that allows people to make any statement about public figures, technically politicians and entertainers, without being help liable for defamation as long as false statements were not made with malice

occurs when highly offensive information is published about an individual that is not valid or places the person in a false light

occurs when a person publishes a highly offensive private fact, such as information about one's sex lif or failure to pay debts, about someone who didn't waive their right to privacy

occurs when someone uses a person's name, likeness, voice, identity or other identifying characteristics for commercial gain without that person's permission

A physical, electronic, or mechanical intrusion that invades someone's solitude, seclusion, or personal affairs when he or she has the right to expect privacy. The tort occurs at the time of the intrusion; no publication is necessary

the unlawful restraint of another against the person's will

occurs when someone intentionally engages in outrageous conduct that is likely to cause extreme emotion distress to another person

a tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for pervious litigation between the two

one person wrongfully subjects another to criminal or civil litigation that has not justifiable basis

malicious and deliberate misuse or prevention of a legal procedure

occurs when someone goes on another's property without permission or places something on another's property without permission

the temporary interference with a person's use or enjoyment of their personal property

permanent interference with another's use and enjoyment of their personal property

a nuisance that affects only a single individual or a very limited number of individuals

a business tort that occurs when a statement is intentionally used to defame a business product or service

occurs when false spoken statements criticize a business product or service and result in a loss of sales

a business tort that occurs when false printed statements criticize a business product or service and result in a loss of sale

occurs when false published statements are related to the ownership of the business property

provides ranchers and farmers with a cause of action when someone spreads false information about the safety of a food product

occurs when someone intentionally takes on action that will cause a person to breach aw contract that they have with another

the act of competing with another not to make a profit but for the sole purpose of driving that other out of business

the tort that occurs when a misrepresentation is made with intent to facilitate personal gain and with the knowledge that it is false, in contracts it is a false representation of a material fact that is consciously false and is intended to mislead the other party (aka intentional misrepresentation)

money awarded to a plaintiff as a reimbursement for their losses; based on the amount of actual damage or harm to property, lost wages or profits, pain and suffering, medical expenses, disability, etc

a person who commits an intentional or thorough negligence tort that causes a harm or loss for which a civil remedy may be sought

monetory damages awarded to a plaintiff in a very small amount (\$1-15) to signify that the plaintiff has been wronged by the defendant even though the plaintiff suffered no compensable harm

compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct in the future (aka exemplary damages)

behavior that creates an unreasonable risk of harm to others

must establish that one is owed

a measurement of the way members of society expect on individual to act in a fiven situation

must prove that the defendant's conduct violated that duty

the third element of a successful negligence claim

the determination that the defendant's breach of duty resulted directly in the plaintiff's injury

the extent to which, as a matter of policy, a defendant may be held liable for the consequences of their actions; in the majority of states, this requires that the plaintiff and the type of injury sufferered by the plaintiff were foreseeable at the time of the accident; in the minority of states, this exits if the defendant's actions led to the plaintiff's harm (aka legal cause)

an act committed with extreme reckless disregard for the property or life of another person

A doctrine that allows the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care

a doctrine that allows a judge or jury to infer duty and breach of duty from the fact that a defendant violated a criminal statute that was designed to prevent the type of harm that the plaintiff incurred

negligent party is responsible for losses suffered by those who attempt to save people who are in danger as the result of torts of others

a regulation under which bartenders can be held liable for injuries caused by individuals who become intoxicated in their bars

the defendant can escape all liability by proving that the plaintiff failed to act in a way that would have protected them from an unreasonable risk of harm and that the plaintiff's negligent behavior contributed in some way to the plaintiff's accident

when the defendant establishes contributory negligence; if the plaintiff can establish that the defendant had the last opportunity to avoid the accident, the plaintiff may still recover, dispute being contributorily negligent

defendant is not liable for the percentage of harm that he or she can prove is due to the plaintiff's own negligence

defendant is not liable for the percentage of harm that they prove can be attributed to the plaintiff's own negligence if the plaintiff's negligence is responsible for less than 50% of the harm; if the defendant establishes that the plaintiff's negligence cause more than 50% of the harm, the defendant has no liability

defendant must prove the plaintiff voluntarily assumed the risk that the defendant caused

plaintiff agrees to assume the risk posed by the defendant's behavior

plaintiff implicitly assumed a known risk

exempts from liability a person, such as a physician passerby, who voluntarily renders aid to an injured person but negligently, but not unreasonably negligently, causes injury while rendering the aid

unforeseeable event that interrupts the causal chain between the defendant's breech of duty and the damages the plaintiff suffered

liability in which responsibility for damages is imposed regardless of the existence of negligence (aka liability without fault)

punished by compensating or paying damages to wronged party

punished by fine paid to government or imprisonment

arise from careless errors or intentional actions; plaintiffs think of business as "deep pockets", business can be liable under agency law if a tort results in an activity "within the scope of the worker's employment"

compensation for injuries wrongfully inflicted by the defendant on the plaintiff; civil law; law is determined in each stat- rules vary, basic principles are similar among all states; remedies should place injured party in the position they would have been in prior to the tort; fear of tort action deters injurious behavior by others; punitive damages punish malicious / extremely reckless behavior

intentional, unintentional, strict liability

can be used where a person voluntarily consented to a defendant's particular act

an individual may be able to use reasonable force against a reasonable apparent threat in order to avoid the infliction of immediate bodily harm

a person may be able to use self-defense on behalf of another individual's legitimate right to self-defense and use force in defense of that person

a defendant is permitted to use reasonable force to prevent damages to property; the use of deadly force, however, typically not allowed for defending property

applies to emergency situations and allows you to act in a wrongful way because doing so prevents a greater harm to you, your property, or the community

a third party must over hear it

plaintiff's doctrine; loathsome communicable disease, professional trade, serious rime, unchaste

truth and absence of malice

interfering with a person's right to be left alone

use of a person's name, picture, or other likeness without permission

snooping / watching / imaging

entry onto, above, or below the surface of land without the owners permission or legal authority

otherwise trespass sign or request to leave

exception to trespassing; anything on the property that would attract a child

necessity, licenses

when someone trespasses to prevent a greater harm from happening

when you invite someone over, this can be revoked

Federal law which requires that a minimum wage of a specified amount be paid to all employees in covered industries; also mandates that employees who work more than 40 hours in a week be paid no less than 1½ times their regular wage for all hours beyond 40 worked in a given week

executives, administrative, professional, outside sales person

federal act requiring that employers provide all eligible employees with up to 12 weeks of leave during any 12-month period for several family-related occurrences (e.g., birth of a child, care of a sick spouse).

Federal law passed in 1935 that created a state system to provide unemployment compensation to qualified employees who lose their jobs (unemployment compensation)

a state law that provides for financial compensation to employees or their dependents when the covered employee is injured on the job

1985 federal law which ensures that when employees lose their jobs or have their hours reduced to a level at which they would not be eligible to receive medical, dental, or optical benefits from their employer, the employees will be able to continue receiving benefits under the employer's policy for up to 18 months by paying the premiums for the policy

federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans (employers must provide plan information, assurances that those in charge of managing plan assets have fiduciary responsibility, a grievance and appeal s to process for participant's to get benefits from their plans, the right to use for benefits and breaches of fiduciary duty)

1970 federal law that established the occupational safety and health administration, the agency responsible for setting safety standards under the act and for enforcing the act through inspections and the levying of fines again violations; penalties range from \$0-\$70,000 per violation depending on the likelihood of serious injury

provides that either the employer or the employee can terminate the employment relation at any time

an exception to the employment at-will doctrine which provides that an implied employment contract may arise from statements the employer makes in an employment handbook or materials advertising the position

an exception to the employment-at-will doctrine that prohibits employers from firing employees for doing something that is consistent with furthering public policy

an exception to the employment-at-will doctrine that imposes a duty on the employer to treat employees fairly with respect to termination

federal statute that prohibits employers from listening to the private telephone conversations of employees or disclosing the contents of these conversations; employers may ban personal calls and monitor calls for compliance as long as they discontinue listening to any conversation once they determine it is personal

federal law that extended employee's privacy rights to electronic forms of communication including email and cellphones; outlaws the intentional interception of electronic communications and the intentional disclosure or use of the information obtained through such interception

under the ECPA, the protection afforded to individuals' commination against unauthorized surveillance or access; applies only minimally to communications via an employer's equipment

passed in order to control and deter illegal immigration to the US; its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented works, and increased enforcement at US borders

enforces federal laws governing border control, customs, trade, and immigration to promote homeland security and public safety

The first major piece of federal legislation adopted explicitly to encourage the formation of labor unions and provide for collective bargaining between employers and unions as a means of obtaining the peaceful settlement of labor disputes

the process whereby workers organize collectively and bargain with employers regarding the conditions of employment

federal legislation designed to curtail some of the powers that unions had acquired under the wagner act; designates certain union actions as unfair (aka labor-management relations act)

federal aw that primarily governs the intentional operations of labor unions; requires financial disclosures by unions, establishes penalties for financial abuses by union officials, and includes "labor's bill of rights" to protect employees from their own unions

an administrative agency created by the wagner act to interpret and enforce the national labor relations act (NLRA)

federal labor legislation consisting of the wagner and taft-hartley acts
protects the rights of employees to act together to address conditions at work, with or without a union

temporary, concerted withdrawal of labor

a refusal to deal with, purchase goods from, or work for a business

a boycott against an employer with whom the union is directly engaged in a labor dispute

an illegal labor action in which unionized employees who have a labor dispute with their employer boycott another company to force it to cease doing business with their employer

a labor activity in which individuals place themselves outside an employer's place 0f business for the purpose of informing passersby of the facts of a labor dispute

picketing designed to truthfully inform the public of a labor dispute between an employer and the employees

an unprotected form of picketing in which services and/or deliveries to the employer are cut off

federal law that prtects employees against discrimination based on race, color, religion, national origin, and sex; also prohibits harassment based on the same protected categories

a form of intentional discrimination in which an employee is hired, fired, denied a promotion, or the like, on the basis of membership in a protected class

a form of discrimination that arises when an employer's policy or practice appears to apply to everyone equally but its actual effect is that it is disproportionately limits employment opportunities for a protected class

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that makes submission a condition of employment or a factor in an employment decisions or that creates an intimidating, hostile, or offensive work environment; the two types are hostile environment and quid pro quo

expands the definition of sex discrimination to include discrimination based on pregnancy

allows and employer to discriminate in hiring on the basis of sex, religion, or national origin (not race/color) when doing so is necessary for the performance of the job

when hiring or promotion decisions are partially based on test scores

not legal if the system applies equally to all persons, the seniority units follow industry practices, the seniority system didn't have its genesis in discrimination, or the system is maintained free of any illegal discriminatory purpose

federal law that prohibits employers from refusing to hire, discharging, or discriminating in terms and conditions of employment on the basis of an employees or applicant's being age of 40 or older

plaintiff's shaowing disparate treatment or disparate impact

executive exemption (mandator retired after 65 under 2 conditions)

federal law that prohibits discrimination against employees and job applicants with disabilities

federal law that prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill, effort, and responsibiloty

substantially the same in terms of all 4 factors listed in the act

can be paid more if the extra duties are actually performed, regularly constitute a significant portion of the employee's job, are substantial, are commensurate, available on a nondiscriminatory basis

bona fide seniority system, bona fide merit system, pay system based on quality/quantity of output, factors other than sex

pay the difference; potentially plus all past lost earnings

under the due process and equal protection classes of the 14th amendment, same sex couples have a fundamental right to marry

have to quantify them

the duty of all persons to exercise reasonable care in their dealings with others

don't take unnecessary risks (to harm others)

careful, conscientious, aware of their environment, even-tempered, honest, objective in thinking

expected to exercise reasonable care to protect from harm those persons coming onto their property

business that allow general public onto their property

must warn of foreseeable and some hidden risks

if an individual had knowledge, skill, or expertise superior to that of an ordinary person, the individual is held to that standard of care expected of a reasonable person with the same or similar knowledge, skill, or expertise

can hire/fire who they want

work-at-will / quit when they want

for example- jury duty

reporting illegalnethical conduct to authorities, upper management, press (journal, magazine)

FLSA prohibits oppressive child labor practices; under 14, only allowed to do certain types of work; biological children can do whatever/whenever if you OWN the company

certain employees (executive, professional, manual laborers, nurses, police, firefighter, public safety, blue collar workforce)

the federal agency charged with enforcing title 7 of the civil rights act of 1964 and other federal statues and regulations prohibiting employment discrimination

any sincerely held religious belief is protected

protected class; place of origin, physical/ cultural/ linguistic characteristics; marriage/ association; membership / participation in organization associated with ethnic group; name of the person

a protected class; cannot be denied; role cannot be classified as one or the other; cannot advertise job in help-wanted columns designed for one specifically

protected class; prohibits discrimination over 40 years old; must comply if you have 20+ employees; cannot force retirement; cannot require a physical unless everyone at the business must get one

granting employment / favorable job assignment in exchange for sexual activities OR denying employment / favorable hobs when you refuse sexual activities

slippery slope; any environment that makes someone feel uncomfortable because of something in the sexual nature (comments / looks / stares / jokes)

supervisors (company is harassing), coworker (2-3 step policy, must report to management, they investigate remedial action), nonemployee (vendors, customers, clients)

job related

can't take seniority / merit from some workers, even though applied discriminatory in the past