| 007 | Con Job | Work It! | Lighten Up | Whatever |
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What is agent or employee?
Carla tended bar at a bar called "Cheers." Cheers is the principal, and Carla is this.
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What are the freedoms of speech, press, religion, assembly, and petition?
The First Amendment protects these freedoms (name at least three).
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What is employment at will?
In general, based on THIS doctrine, an employee can quit anytime and for any reason; and an employer can fire an employee at any time and for any reason.
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Nothing, bananas can't talk.
What did the banana say to the minion?
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What are offer, acceptance, consideration, capacity, and legality?
These are the 5 elements of contract formation.
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What is a term employee?
BONUS Question: CAN she quit now?
When Heather joined the tech start-up, she signed an agreement to work there for 3 years. She is miserable and wants to quit now. If she quits, she may be liable for pay damages because she is THIS.
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What is the Fifth Amendment protection against self-incrimination?
A person who wishes to invoke this right must tell the police that he wishes to do so (e.g. by saying he will not answer any more questions).
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What is workers compensation?
An employee who is injured on the job is likely to recover money to cover hospital bills through this system of state laws, which requires employers provide for such injuries.
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Because if it flew over the bay, it would be a bagel.
Why did the seagull fly over the sea?
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What are hold an organizational meeting to adopt bylaws and elect officers, and pay annual fees each year afterward?
Archie and Veronica are forming a corporation, BigDeal. After receiving a file-stamped copy of BigDeal's Articles of Incorporation from the Secretary of State, the next steps to complete incorporation are these.
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What is the agent's duty to account/duty to segregate?
Harry works at Tatters Clothing, and has to be dressed well for work. He buys his own clothes at Tatters, and stores his clothes on Tatters' racks so he can change at work. He sometimes wears Tatters clothes at work without buying them. Harry may have breached this.
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The right to avoid double jeopardy (5th Amendment).
Eddie was accused of burglary, but was acquitted at trial. The District Attorney woke up the next morning and decided to file charges against Eddie again, to see if a new jury sees things differently. The D.A.'s plan won't work because of this.
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What is the FMLA (Family and Medical Leave Act)?
Lila gave birth to a baby boy three months ago. She returns to work, and asks her employer to allow her to take breaks to pump breast milk. Her employer must permit unpaid breaks for this purpose because of this law.
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Drumsticks for everyone!
What do you get when you cross a turkey with a centipede?
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What is a general partnership?
Bill and Ted worked together to open a travel agency called Excellent Adventures. They each took a share of the profits and each bore a share of the losses, but have filed no paperwork with the state. Excellent Adventures is this type of entity.
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What is non-employee agent or independent contractor?
Fred's Shoe Co. agrees to pay Ginger $700, plus expenses, to redecorate his store. Ginger creates a design using her own computer, shops at local stores over the next two weeks, and installs the new materials at Fred's. Fred need not pay into the workers' comp system for Ginger because Ginger is this.
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What is the Quasi-Strict Scrutiny test?
[Law must be substantially related to achieving an important government goal.]
Courts apply this test to determine whether a law that differentiates based on sex, age or geography is Constitutional under the 14th Amendment.
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What is the FLSA (Fair Labor Standards Act)?
Sebastian is a full-time worker in an auto plant. One week, his boss asks him to work 50 hours instead of his usual 40. This statute provides that Sebastian will receive 1.5x his regular hourly pay for the additional 10 hours.
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Because they make up literally everything.
Why can't you trust an atom?
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What are: the Computer Fraud and Abuse Act, trade secret misappropriation, and breach of agent's duty of confidentiality, and potentially also trespass and (if the employees were on term contracts) intentional interference with contract and (if he tried to hire his colleagues before he left BigCorp) breach of agent's duty of loyalty? (Bad day for Elmore)
Elmore hates his marketing job at BigCorp. He uses a password he saw a colleague enter to view the confidential salary info for his colleagues. Then he quits BigCorp, starts a new company and hires his former colleagues by offering to pay slightly more than BigCorp paid. Elmore may find himself in legal trouble for at least these two reasons.
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What is respondeat superior?
Leslie's Restaurant employs John as a wine steward. When John is uncorking champagne for a couple of diners, he accidentally shoots the cork into another patron's eye. Leslie's Restaurant may be liable for John's negligence because of this doctrine.
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What is the Affectation doctrine of the Commerce Clause?
The US Congress passes a law that requires all romaine lettuce to be tested for e-coli. "Lettuce Alone" grows and sells lettuce only in California.
Lettuce argues that the federal law is unconstitutional as applied to Lettuce, because Lettuce does not sell across state lines. Because of this doctrine, the federal law is likely Constitutionally valid. |
What is a Title VII discrimination claim based on disparate impact?
Dunder Mifflin Co. is sued by a job applicant who says he was not hired because when the hiring manager described the "no hats at work rule," he noted that he would need to wear a turban as part of his religious practice. What legal claim will the job applicant make?
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Wheeeeee!!!!!
What did the snail say when it was riding on the back of the turtle?
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What is breaching her fiduciary duty of loyalty to the company through an unresolved conflict of interest.
Thelma is the President and CEO of Piggyback, Inc. Thelma causes PiggyBank to sell its valuable real estate to Thelma for $20. Louise owns 25% of the stock and is mad! Thelma may be liable to the corporation because she is doing this.
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