Bus Law 2 - Assignment Essays %

question

Title VII of the Civil Rights Act of 1964

answer

forbids discrimination in all areas of the employment relationship

question

Age Discrimination in Employment Act

answer

1967 law that prohibits discrimination of employees 40 years and up.

question

Administrative adjudication process

answer

APA imposes requirements that all federal agencies must follow in the absence of contrary provisions in the enabling legislation

question

Rulemaking

answer

The process by which an administrative agency formally adopts a new regulation or amends an old one.

question

enforcement

answer

the act of enforcing or compelling to obey

question

adjunction hearing

answer

The resolution of the dispute through a hearing conducted by the agency

question

Adjunction process

answer

Complaint, hearing, order of administrative law, appeal of governing board of agency, final agency order, appropriate court for review of agency decision, court order

question

Administrative Agency

answer

governmental body formed to carry out particular laws

question

Judicial Review

answer

The power of the courts to declare laws unconstitutional

question

Judicial Deference to Agency Decisions

answer

courts give deference to the agency decisions on factual questions and Chevron deference to questions of law

question

Chevron standard

answer

If Congress directly addressed the issue in dispute, statutory language prevails

If statute is silent or ambiguous, look at whether agency interpretation is reasonable

question

Disability employment discrimination

answer

Protects Americans with disabilities

question

Americans with Disabilities Act

answer

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.

question

EEOC (Equal Employment Opportunity Commission)

answer

INDEPENDENT agency created in 1964-works to eliminate employment discrimination based on race, color, religion, gender, disability, age or other criteria unrelated to job performance.

question

Audits

answer

a systematic and official examination of a record, process, structure, environment, or account to evaluate performance

question

Attorney-Client Privilege

answer

right of individual to have discussions with his/her attorney kept private and confidential

question

quid pro quo

answer

Harassment that has something given in exchange or return for something else

question

hostile harassment

answer

Telling lewd jokes, displaying pornography, making sexually oriented remarks about someone's personal appearance, and other sex-related actions that make the work environment unpleasant.

question

Business Judgement Rule

answer

a corporate director or officer will not be liable to the corporation or to its shareholders for honest mistakes of judgement and bad business decisions

question

Director/Officer Liability

answer

1. Duty to manage
2. Business Judgment Rule
3. Fiduciaries = care/prudence, unless articles limit + loyalty, no unfair benefits unless disclosure & independent ratification

question

Fiduciary Duty

answer

That duty owed by an agent to act in the highest good faith toward the principal and not to obtain any advantage over the latter by the slightest misrepresentation, concealment, duress or pressure.

question

Director and officer conflict of interest

answer

Abstain from voting on the proposed transaction
Must make full disclosure of the nature of the conflicting interests and all facts

question

Duties of both officers and directors

answer

Duty of care
-act in good faith
-exercise care
-do what they believe is in the best interest of corporation
Make informed decisions
Exercise reasonable supervision
Dissenting directors

question

Responsibility of officers

answer

Carrying out duties
Act as agents
Employees of the corporation

question

Rights of Directors

answer

participation, inspection, indemnification

question

Responsibilities of directors

answer

1. Authorize major corporate policy decisions
2. Make executive level personal decisions
3.make financial decisions

1 of 26

question

Title VII of the Civil Rights Act of 1964

answer

forbids discrimination in all areas of the employment relationship

question

Age Discrimination in Employment Act

answer

1967 law that prohibits discrimination of employees 40 years and up.

question

Administrative adjudication process

answer

APA imposes requirements that all federal agencies must follow in the absence of contrary provisions in the enabling legislation

question

Rulemaking

answer

The process by which an administrative agency formally adopts a new regulation or amends an old one.

question

enforcement

answer

the act of enforcing or compelling to obey

question

adjunction hearing

answer

The resolution of the dispute through a hearing conducted by the agency

question

Adjunction process

answer

Complaint, hearing, order of administrative law, appeal of governing board of agency, final agency order, appropriate court for review of agency decision, court order

question

Administrative Agency

answer

governmental body formed to carry out particular laws

question

Judicial Review

answer

The power of the courts to declare laws unconstitutional

question

Judicial Deference to Agency Decisions

answer

courts give deference to the agency decisions on factual questions and Chevron deference to questions of law

question

Chevron standard

answer

If Congress directly addressed the issue in dispute, statutory language prevails

If statute is silent or ambiguous, look at whether agency interpretation is reasonable

question

Disability employment discrimination

answer

Protects Americans with disabilities

question

Americans with Disabilities Act

answer

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.

question

EEOC (Equal Employment Opportunity Commission)

answer

INDEPENDENT agency created in 1964-works to eliminate employment discrimination based on race, color, religion, gender, disability, age or other criteria unrelated to job performance.

question

Audits

answer

a systematic and official examination of a record, process, structure, environment, or account to evaluate performance

question

Attorney-Client Privilege

answer

right of individual to have discussions with his/her attorney kept private and confidential

question

quid pro quo

answer

Harassment that has something given in exchange or return for something else

question

hostile harassment

answer

Telling lewd jokes, displaying pornography, making sexually oriented remarks about someone's personal appearance, and other sex-related actions that make the work environment unpleasant.

question

Business Judgement Rule

answer

a corporate director or officer will not be liable to the corporation or to its shareholders for honest mistakes of judgement and bad business decisions

question

Director/Officer Liability

answer

1. Duty to manage
2. Business Judgment Rule
3. Fiduciaries = care/prudence, unless articles limit + loyalty, no unfair benefits unless disclosure & independent ratification

question

Fiduciary Duty

answer

That duty owed by an agent to act in the highest good faith toward the principal and not to obtain any advantage over the latter by the slightest misrepresentation, concealment, duress or pressure.

question

Director and officer conflict of interest

answer

Abstain from voting on the proposed transaction
Must make full disclosure of the nature of the conflicting interests and all facts

question

Duties of both officers and directors

answer

Duty of care
-act in good faith
-exercise care
-do what they believe is in the best interest of corporation
Make informed decisions
Exercise reasonable supervision
Dissenting directors

question

Responsibility of officers

answer

Carrying out duties
Act as agents
Employees of the corporation

question

Rights of Directors

answer

participation, inspection, indemnification

question

Responsibilities of directors

answer

1. Authorize major corporate policy decisions
2. Make executive level personal decisions
3.make financial decisions

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