TTU BLAW 3391 Exam 1

Based on the Meritor v. Savings Bank Vinson case, they are reaffirming the standard, basically stating that harassing conduct does not have to lead to a nervous breakdown before its actionable under Title VII.

Sexual harassment can apply to same-sex

ethics

Uniform Commercial Code establishes uniform law for handling transactions

1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Common Law

federal and state constitutions
-executive orders ~ legally binding directive from president
-treaties ~ written agreement between 2 or more countries, becomes legally binding when approved by 2/3 of congress

field of law involving statutes, which are laws passed by congress or by state legislature

the body of rules, regulations, and decisions created by administrative agencies

the effects of court decisions that involve the same or similar facts

Occasionally, employers attempt to reduce their risk of liability in providing references by:- Withholding negative reference information, and simply not responding to reference requests.However, if a prospective employer hires an employee based on an incomplete reference, and then suffers damages that may have been avoided had the previous employer provided an accurate reference, the prospective employer may sue the previous employer for negligent representation.

A current or former employee may sue his or her employer for defamation if the employer provides information to a third party that is UNTRUE, irrespective of whether or not it relates to the employee's job performance.

A type of insurance that provides that employees may recover damages for work related injuries and illnesses without having to prove negligence on the part of the employer.Since workers' compensation is almost mandatory and provides employees with nearly automatic recovery, it is considered to be the exclusive remedy.Employees may sue their employers if it was the employer's intentional or grossly negligent conduct that caused the injury or illness. If not, then they can only acquire Worker's Comp.

Disclosing personal, irrelevant information about a former employee, irrespective of whether such information is true or false.

do not have privacy with company email, they don't have to warn or tell

Allows employees to take unpaid leave up to 12 weeks

regulates minimum wage, maximum hours & child labor laws

- Requires that companies maintain records of employee work related accidents and sicknesses and post data regarding these every February.- Inspects workplaces to be certain that these worksites comply with safety and health standards and imposes penalties if it finds any violations.- Can impose penalties ranging from fines to facility closings.

A portion of the Civil Rights Act of 1964 that prohibits discrimination in hiring, firing, compensation, apprenticeships, training, terms, conditions, or privileges of employment based on race, color, religion, sex, or national origin for employers with 15 or more workers.

A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave.

1. Quid Pro Quo
2. Hostile Work Environment

a form of sexual harassment in which employment outcomes, such as hiring, promotion, or simply keeping one's job, depend on whether an individual submits to sexual harassment

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.

to send a case back to a lower court to be tried again

the decision of a court of appeal ruling that the judgment of a lower court was incorrect and is therefore reversed

judgment entered by a court for one party and against another party without a full trial.

US District Court (94 trial courts) --> US Circuit Court of Appeals -->US Supreme Court

--Trial courts
--Appellate courts

the lowest federal courts; federal trials can be held only here; 94 judicial districts; no appellate jurisdiction; original jurisdiction over most cases

The intermediate level of federal courts that hear appeals from district courts; 12 regional circuit courts; no original jurisdiction, strictly appellate

the highest federal court in the United States; 9 justices; appeals jurisdiction through certiorari process; limited original jurisdiction

Any party may appeal the decision of the ALJ to the Board by filing a notice of appeal with the Board within 30 days of the date of service

original and appellate

1) first court that can hear a case
2) state system - county & district courts
3) federal system - district courts

1) power to review previous decisions
2) no trials at this level
3) questions of law instead of questions of fact

jurisdiction over the person

jurisdiction based on claims against property

the power of a court to hear a particular type of case

negotiation, mediation, arbitration

informal discussions between two or more parties in dispute, aiming to come to an agreement about how to resolve that dispute

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

settling a dispute by agreeing to accept the decision of an impartial outsider

a self-employed person or entity contracted to perform work for or provide services to another entity

a worker who is hired to perform a job; little control

agrees to represent or act for the principal

The elements of the prima facie case are: (i) the plaintiff is a member of a protected class; (ii) the plaintiff applied and was qualified for the job; (iii) the application was rejected; and (iv) the position remained open after the rejection

administrative law judge - presides over administrative hearings; may attempt to encourage parties to settle, but has power to enter binding decisions

an enabling statute establishes the powers and responsibilities of a government agency.

The notice‐and‐comment process enables anyone to submit a comment on any part of the proposed rule.

Executive agencies are directly controlled by the President, while independent agencies are relatively free from presidential control. An executive agency usually is run by a single director, while an independent agency usually is run by a board or commission with several members.

-find the facts
-look for the issue
-identify the judge's reasons and conclusion
-locate in decision the rules of law that govern the judge's reasoning
-apply critical thinking

any source of law that a court must follow when deciding a case

legal authority the court may look to for guidance, but need not follow when deciding

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

1. Pretrial Stage
2. Trial
3. Appellate Procedure

1) informal negotiations
2) pleadings
3) service of process
4) defendants response
5) pretrial motions
6) discovery
7) pretrial conference

1) jury selection
2) opening statements
3) presentation of evidence / examination of witnesses
4) closing arguments
5) jury instructions
6) postrial motions

1) appeal
2) procedure
3) remember only 1 out of every 10 trial court decisions gets overturned

1. Agreement - express or implied
2. Ratification - affirmed after the fact by word or action of the principal
3. Estoppel - appearance of an agency (reasonableness standard)
4. Operation of Law - usually in a family or emergency type situation

equal dignity rule: an agent's authority must be in writing
power of attorney: authorization to act as ones agent or authority either in specific circumstances (special) or all (general)

from the person the agent occupies has implied authority to do what is reasonably necessary to carry out the duties you had the express authority to complete and carry out the objectives of the agency

Authority that is only apparent, not real. An agent's apparent authority arises when the principal causes a third party to believe that the agent has authority, even though she or he does not.

Prohibits any employer from engaging in wage discrimination (based upon sex). ▪ Requires all employees performing substantially similar jobs to be compensated equally.

federal act passed in 2002 with bipartisan congressional support to improve auditing and public disclosure in response to several accounting scandals in the early-2000s

Holding: Congress did not grant the Environmental Protection Agency in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the agency took in the Clean Power Plan. Judgment: Reversed and remanded, 6-3, in an opinion by Chief Justice Roberts on June 30, 2022. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

Imposes specific guidelines on agency rule-making: • Informal Rule-Making ("Notice-and-Comment" Rule-Making): Proposed rule published in Federal Register, with opportunity for public comment • Formal Rule-Making: Publication of proposed rule in Federal Register, then formal public hearing (including complete transcript) • Hybrid Rule-Making: Combines best features of formal and informal rule-making; proposed rule published in Federal Register, with opportunity for public submission of written comments, then informal public hearing • Exempted Rule-Making: Agency decides whether public participation allowed; includes rule-making proceedings with regard to "military or foreign affairs," "agency management or personnel," and "public property, loans, grants, benefits, or contracts" of an agency • Interpretive Rules: Rules that do not create any new rights/duties; instead, a detailed statement of agency's interpretation of existing law, and the steps a party must take to comply with existing law • Policy Statements: General statements about directions of agency regarding rule-making or enforcement activities; no binding impact; do not directly affect legal rights/responsibilities • Regulated Negotiation ("Reg-neg"): Mediated agreement (involving competing interest groups) on agency rule-making

requires federal agencies to release files to the public, unless the material falls into certain exceptions for national security or other confidential information

Requires that agency meetings be open to public if agency headed by collegiate body (i.e., two or more persons, with majority appointed by president upon "advice and consent" of Senate). Such agencies must keep records of closed meetings.

Federal agency may not disclose information about an individual to other agencies/organizations without that individual's written consent.

designed to give small businesses assistance in understanding and complying with regulations and more of a voice in the development of new regulation

focuses on control; if it is misclassified the IRS may impose substantial penalties and fines; determines whether the individual receives a W-2 (employee) or a 1099 (independent contractor)

AAA contracted with Five Star Auto Service to perform towing and repair services;

Pershad, driver for Five Star responded to call for tow from AAA Pershad got into fight with
client Coker, and assaulted Coker with a knife;

Coker sued Five Star and AAA, claiming both were responsible for Pershad tort as
Employers;

Court found that Five Star was employer of of Pershad, but AAA was not. Rather AAA as
independent contractor to Five Star;

Pershad was NOT AAA employer and therefore AAA was NOT liable for Pershad's tort;

Principal is NOT liable for the torts of am independent contractor;

Factors that the Court's look to include the amount of CONTROL, the employer has over the
duties of the alleged Employee;

In this matter, AAA had little control over the Five Star Employees.

employee status and overtime

employee status and "works for hire"

doctrine that makes an employer liable for the tortious acts of employees committed in the scope and furtherance of their employment

Just as an employee may choose to terminate his or her employment at any time he or she wishes, so too an employer may terminate an employee's employment at any time for a good reason, a bad reason, or no reason at all

Protects peaceful strikes, picketing and boycotts

established National Labor Relations Board; Adopted to encourage the formation of labor unions and provide for collective bargaining between employers and union.

Passed to curtail some of the powers the unions had acquired under the Wagner Act.

Governs the internal operations of labor unions.

An administrative agency formed to interpret and enforce the National Labor Relations Act.

It is a state system that provides unemployment compensation to those who are qualified and lose their job.

This law was passed to promote safety and health in the workplace. The law created a federal agency, the Occupational Safety and Health Administration (OSHA), to administer its many provisions

Records maintained by companies under federal and state law, which contain detailed reports to demonstrate that their employment practices are nondiscriminatory.

outlawed discrimination based on race, color, religion, sex, or national origin

A federal agency responsible for administering laws that prohibit discrimination in employment.

disparate-treatment discrimination; s when the recipient acted, at least in part, because of the actual or perceived race, color, or national origin of the alleged victims of discriminatory treatment

disparate-impact; microaggressions, unconscious biases, and unconsciously held stereotypes.

pregnacy discrimination

Treats discrimination based on pregnancy-related conditions as illegal sex discrimination

a federal statute designed to protect individuals from illegal discrimination in employment on the basis of age. The protected class created pursuant to this statute is persons over 40

A federal statute designed to protect individuals from illegal discrimination in employment on the basis of disability. Persons who are considered disabled and protected under ADA include anyone who: ▪ Is sight- or hearing-impaired or uses a wheelchair. ▪ Suffers from cancer, diabetes, alcoholism, AIDS, epilepsy, manic depression, or schizophrenia.