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Leg and soc final exam
final exam
86
Business
Undergraduate 3
04/08/2013

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Term
iowa law of tort
Definition
intentional tort
negligence
strict liabilities
Term
intentional tort
Definition
intent
assult
false arrest/imprissonment
intensional infliction of mental distress
intensional inference w/property
defense of stuff
Term
intentional tort
Definition
INTENT- present when one of the concequences of the action OR I should know the consequence of the action
Term
Assult
Definition
UNDER INTENTIONAL TORT
present when one intentionally puts another in apprehension of physical contract with the person of the other.
usually criminal
Term
false arrest/imprissonment
Definition
wrongfully detain someone against their will(not kidnapping) SHOPKEEPER PRIVILEGE. can detain and search ireasonably people who appear to be stealing
Term
Intentional infliction of mental distress
Definition
UNDER INTENTIONAL TORT
outrageous conduct by defendant, not insults. with intent to cause mental distress. recless disregard
Term
Eggshell PLaintiff rules
Definition
UNDER INTENTIONAL INFLICTION OF MENTAL DISTRESS(INTENTIONAL TORT)take plaintiff. you break someone who has a previous disability and under normal circumstances wouldn't make a change - you are to blame
Term
intentional inference with property
Definition
UNDER INTENTIONAL TORT
TRESSPASS: when someone intentionally enters land of other, OR causes a thing or third person to do something
SELF-DEFENSE: using reasonable force-that a reasonable person in similar circumstances would judge to be necessary, and can include deadly force
Term
defense of stuff
Definition
UNDER INTENTIONAL TORT
can┬Ęt defend at same level as persons.can't set spring gun to protect grapes. or spring gun at knee level to secure corn. doesn't matter how much your stuff is worth
Term
negligence
Definition
4 elements needed
duty
breach of duty
causation - actual and proximate
damages
Term
average reasonable person
Definition
UNDER NEGLIGENCE
av. person. own for children. people with superior skill - surgeons are measured to other surgeons
SUDDEN EMERGENCY DOCTRINE: excluded from ave. reasonable person
Term
motorcycle man v. corvette guy
Definition
sued for negligence of acting as the ave. reasonable person because corvette guy stopped in the middle of the road. corvette guy won
Term
special standards of care for people
Definition
UNDER NEGLIGENCE
tresspass standard- low. not intentionally harm, unless it's a kid and you have something attractive(trampoline, pool etc.) liable for it!
Term
licencee's
Definition
UNDER SPECIAL STANDARDS OF CARE FOR PEOPLE: NEGLIGENCE: social guest/friend. owe verbal warning for hidden defects
Term
invitee standard
Definition
UNDER SPECIAL STANDARDS OF CARE FOR PEOPLE:NEGLIGENCE: invite people onto your property, find defects and try to fix them. UNI could be liable if student falls on ice. UNI student in strayer wood. fell down in 9ft. ditch. broke arm+ legs - UNI liable
Term
barb v. heartland Inn
Definition
INVITEE STANDARD
fell on ice. $75.000 ended up with from heartland Inn
Term
mrs. pusgrath v.
Definition
standing at the end of a long railroad platform under a very large bell. dynamite blew up. bell fell on her head. RES IPSA LOGUITUR - speaks for itself.- burden of proof to defendant.compensetory damages- $ awards to plaintiff to make them whole again
Term
loss of consortium(stalion)
Definition
doesn't have to be present, but when spouse dies. only sexual loss. children can claim both if parent is alive or dead
Term
strict liabilites
Definition
UNDER TORT
1. wild and dangerous animal
2. ultra hazzardous activity
3. product liability
4. warranty
Term
wild dangerous animal
Definition
UNDER STRICT LIABILITIES
automatically liable. stricly liable for dog, farm animals
Term
ultra hazzardous activity
Definition
UNDER STRICT LIABILITY: firework display, dynamite etc
Term
product liabilty
Definition
KINDA UNDER STRICT LIABILITY
manuf. of product that is unreasonably dangerous - liable. includes forseable misuse of products
Term
examples of product liabiltiy
Definition
1. chair rocks back and forward. cut his finger off. guy win.
2. punch press for metal. cuts off hand. he wins
3. push mower: use on hedges, picks up while running. he won - no stickers
4.above ground swimming pool. jumps from ceiling. paralyzed. he looses
5. lighter, child lit sister on fire. mom wins
Term
crashwortiness
Definition
UNDER STRICT LIABILITY: A vehicle's ability to withstand impact. mini-van is usually not sufficiently crashable. seats fly out of car- not forseable. not forseable to crash into parked semi. decapitates family.
Term
brass guy v.
Definition
got 1m from crucible - all insurance it had. don't know how much they got from the employer
Term
warranty
Definition
1. implied warranty of merchantability
2. implied warranty of fitness for a particular purpose
Term
implied warranty of merchantability
Definition
be at least of ordinary quality
Term
implied warranty of fitness for a particular purpose
Definition
you find gross stuff if food. 2 yr staute in tort. 6 years with contract, expressed warranty can waive.
Term
independent contractor
Definition
employer has control over:
no control over hours
don't withhold taxes
not control of means
you want independent contractor because you are not liable for employee behavior
Term
independent contractor
Definition
employer has control over:
no control over hours
don't withhold taxes
not control of means
you want independent contractor because you are not liable for employee behavior
Term
respondeat superior
Definition
OR EMPLOYER LIABILITY LAW.
takes four things: 1. EE subject to ER supervision
2. EE was motivated, at least in part by a desire to serve ER interests
3. problem arouse during work hours and work location.
4. act in question was of the general type the EE was hired to perform
Term
1966 Sandman v. Hagen
Definition
digging ditch(EE). superiod starts yelling at him. EE hits supervisor in the head with the shovel. 1. under supervision. 2. there and digging. 3. yes. 4. not hired to hit people with shovel. sandman wins
Term
walmart v. busy lady
Definition
in a hurry at wal-mart. girl kinda hits walmart lady. she bangs her head in the counter repeatedly. 1. yes. 2. yes. 3. yes. 4. no, not hired to hit people- walmart wins
Term
UPS driver
Definition
UPS uniform+UPS car + UPS route. road rage - UPS guy stabs the guy in the chest. FRAULIC - on your own. employer liable when accident, not when it is on purpose
Term
younkers v. honeywell
Definition
hired convict without letting people know. got to know a girl. he liked her, she didn't like him. he started harrassing her. he stabbed her. negligent retention? negligent hiring?
Term
Fair Labor Act
Definition
1. minimum wage
2. overtime (not when salary'ed)
3. no child labor (under 14)
4. equal pay for equal work
Term
OSHA
Definition
oversee occupational health
don't have laws, but standards
1. announced visit (som IK MAT)
2. unannounced visit
Term
workers compensation
Definition
under iowa OSHA.
cover - medical bill, healing period benefits, half salary while healing, permanent partial disability payment.
Term
permanent partial disability payment
Definition
% of how much each joint is worth and how much % damage. includes sight and hearing
Term
drug testing under OSHA/workers comp
Definition
can be randomly tested at any time. if not tested during pre-employment - can't do it later. if caught - no workers comp.
Term
family medical leave act
Definition
if a company has 50+ employees. must allow your employees to take 12 unpaid work weeks leave for any family members
Term
employment discrimination
Definition
civil rights act 1964 title 7
can't discriminate against big 5 + 2
Term
title 7 of Civil Rights Act of 1964
Definition
1. Disparate treatment - must prove Prima Facia.
Term
Disparate treatment
Definition
title 7. must prove prima facia.
1. applied - job open.
2. belonged to a protected class
3. qualified for the job
4. denied the job
5. position remained open - kept looking. - shifts burden of proof to defendant. must articulate non-discriminatory reason - shift burden back to plaintiff.
Term
wrongful discharge
Definition
bad public policy.
get fired for a really crappy reason.
wagenseller v. scottdale memorial hospital
griggs v. duke power (1970)
Term
Wagenseller v. Scottdale memorial hospital
Definition
very good nurse. new manager. team building activity in desert. had to moon the rest of the people. refused. all of a sudden got bad reviews and got fired. wagenseller wins cause BAD PUBLIC POLICY
Term
griggs v. duke power (1970)
Definition
move up in paygrade - HS diploma (wanted to discriminate against blacks). NEXUS - must have connection between test and job performance. DISPARATE IMPACT - GRIGGS WON
Term
defenses
Definition
union: can let go of 50 bosnians if you go by seniority and they were the 50 most recent people to be employed.
Term
Sexual harassment
Definition
BFOQ - bonified occupational qualification
1. quid pro quo
2. hostile work environment
Term
hooters v. guys
Definition
"family restaurant about owls" 7 hairy college students wanted to apply. "we don't hire men" BFOQ - hooters settled for 3 mill bucks
Term
explaining sexual harassment
Definition
1. quid pro quo - this or that.how bad do you want this job sweetheart?
2. hostile work environment - work is made unbearable by sexual comments, suggestions
Term
roxanne factory worker lady v. factory
Definition
only woman at factory. boys telling dirty jokes and hit on butt and comment on her anatomy. quid pro quo. turns out she did really bad gross stuff to - she dropped lawsuit
Term
25yr. old lawyer case v. no one
Definition
you have zero power. junior at law firm makes her perform oral sex on him and tell dirty jokes. must tell him to stop and who's gonna believe him. she didn't sue!
Term
gratz v. bollinger(2000)
Definition
undergrad. U of Michigan. points for being black, athlete, but not asian. illegal discrimination because of the nature of it.
Term
grutter v. bollinger (2000)
Definition
law school w. 125 openings. all qualified to get in, but african americans get huge + in U of Michigan's book. OKAY, because already qualified and want students to be a mirror of "the real world"
Term
fisher v. U of Texas Austin
Definition
same as Gratz v. Bollinger in the US supreme court
Term
Discrimination based on RELIGION
Definition
Any major world religion or sincere and meaningful belief occupying in the like of its possessor a place parallel to that filled by God
Term
transworld airline v.
Definition
religion discrimination?
perfectly qualified, pilot. worship saturday so could not fly those days. did not get hired. court ruled not religion, but availability. bonified seniority system
Term
discrimination based on AGE?
Definition
to protect 40+
all flight attendants 40+ were fired -- discrimination.
pilots must retire at 62. safety thing - not discrimination
Term
discrimination of disability
Definition
1. Disability Act 1990
2. Reasonable accommodation
Term
Americans with Disability Act 1990
Definition
you have a physical or mental condition that substantially limit one or more major life activities
OR a history of such impairment
OR regarded as having such impairment
Excluded a bunch of people: Homo/bi sexual. CLEPTOMANTIACS: steals things. PHYROMANS. GAMBLINGS. current and active DRUG/ALCOHOL ABUSER. Obesity - may or may not be
Term
Reasonable accommodation for disabled
Definition
sign language translator
- not reasonable to build elevator to hire a reseptionist
Term
Casey Martin v. golfcourse
Definition
serious disease-can have stroke if walking. professional golf player. Qualifies for PGA - not allowed to have carts. US supreme court - is PGA an employer? is the game controlled? CAN HAVE GOLF CART "walking is not part of the game of golf"
Term
consumer protection
Definition
food and drug administration
consumer product safety commission - can recall products
Term
unconscionability
Definition
if a contract is so unfair that it shocks the conscious of the public - the court will refuse to uphold it.
Term
jones v. star credit corporation
Definition
-- Truth in Lending Act.
must explain interst rate, payments compound interest
300$ freezer. paid 619$ - stopped paying. star credits came - kicked in the door with children and take freeZer. star credit give freezer back + paid for door
Term
vokes v. arthur murray dance studio
Definition
51 widow. professional dancer. free trial dance studio. lifetime membership - signed. ended up paying $ 31,000. -- FRAUD
Term
BANKRUPCY
Definition
chapter
ch. 7
ch. 13.
ch. 11.
ch. 12
Term
chapter 7.
Definition
PERSONAL DISCHARGE
fresh start after serious trouble. Petition - thick, must have $100 left. list all assests, all creditors. much more difficult now to file a ch. 7. MEANS TEST NOW
Term
chapter 13
Definition
some debt readjusted
Term
chapter 12.
Definition
for farmers + family fisherman
it is a hybrid of 7 and 13.
Term
chapter 11
Definition
higher dollar value
like furniture store
Term
bankrupt estate and exemptions
Definition
goes to bankrupt trustee
prior to 2005: could keep house. now you can keep house if lived in for 40 months. all wearing apparel + trunks for $1000 replacement value. gun + riffle. books+ bible less than 1000$.
Term
bankrupt estate and exemptions cont.
Definition
burial ground upto 1 acre. $10,000 or less in death insurance. health aid. SSR, unemployment, public assistance,
Car + musical instrument -less $5,000. wedding/engagement ring. -- Have sale and sell all. satisfy debt in order of secure creditors.IOWA MORE LENIENT THAN FEDERAL
Term
non-dischargable debts
Definition
student loans
criminal fines
Term
Environmental Protection Agency
Definition
Clean Air Act 1990
Clean Water Act 1972
Super Fund or CERCLA 1980
Environmental - Endagered Species act
Term
Clean Air Act 1990
Definition
goal: reduction of air pollution from engine.
Term
clean water act 1972
Definition
mainly for corp's. HAS WORKED. DDT in water-- fish ate -- eagles ate fish -- almost instinct. BP- $4.bill criminal + $525 mill to Security Exchange Commission. NYC - pension decreased stock value - could sue because criminal. + shrimp fishers will sue bc. can't find any shrimps.
Term
Super Fund CERCLA 1980
Definition
Comprehensive Environmental Response Compensation Liability Act. -- clean up hazzardous clean site + regulate other hazzardous activities.
Term
Penalities
Definition
civil penalties by EPA - can shut operation of enterprise down.
Criminal fines- individual officers
Term
Environmental - Endagered Species EPA
Definition
protection - fed/state can put in laws
recycling
Term
internet crime
Definition
can be international. down-load, is child pornography in DK ok to have in Norway
Term
USA v. Scott M. Hambrick
Definition
1999, gay dads for sex.com. screen name blow u in virginia. deputy - in public chat room - went to private. convinced "14 yr old" - deputy took harddrive
Term
online tort on facebook
Definition
mom made account to tell girl her daughter didn't like to kill herself. she did. familiy of dead girl won
Term
work - reasonable expectation of privacy
Definition
1998. Pillsbury hired man - told email would be private. "we should kill that backstabbing bastard". got fired. court - say private = private, but OK to fire him
Term
UCITA
Definition
fed law. only adopted by two states. contracts over states and licencing agreements.
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