Business Law Final Review Part 2

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Business Law Final Review Part 2
2013-12-09 15:34:41

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  1. The obligation of a principal in an agency relationship to act in a manner so as not to impede the ability of the agent to fulfill the purpose of the agency
    duty to cooperate
  2. In an agency, the obligation of a principal to pay an agent a reasonable fee for services performed or to pay the amount agreed upon by the parties
    duty to compensate
  3. In agency law, the obligation a principal has, unless otherwise agreed upon, to pay the agent for reasonable expenses incurred in carrying out agency obligations
    duty to reimburse
  4. In an agency, the obligation of a principal to pay for damages or losses suffered by an agent in the execution of transactions allowed under the relationship
    Duty to indemnify
  5. A person having a duty, generally created by his own undertaking, to act in good faith for the benefit of another in matters related to that undertaking
  6. In agency law, the obligation an agent has to put the interest of the principal before the interests of the agent in matters related to the agency relationship
    Duty of loyalty
  7. The obligation of an agent to execute the obligations of an agency in the manner instructed by the principal
    Duty of obedience and performance
  8. The degree of care that a person of ordinary prudence would use in the same or similar circumstances or in the same line business
    Reasonable care
  9. In an agency relationship, the obligation of an agent to report with accuracy about all financial matters related to the relationships, including expenditures and revenues
    Duty to account
  10. In an agency relationship, the legal requirement an agent has to inform a principal of any matters related to the agency that can affect its success
    Duty to inform
  11. A principal whose identity is revealed by the agent to a third party
    Disclosed principal
  12. When the identity of a principal is unknown to a third party, so that the third party is unaware that the agent being dealt with is representing the agency
    Undisclosed principal
  13. One who provides service in the course of an occupation, who follows the employer's direction as to the result of the work but does the work according to her own methods, unlike a servant or employee, who is subject to detailed control in the performance of work
    Independent contractor
  14. A person who works in the service of another person under an express or implied contract of hire
  15. A principal who hires another to perform services and who has the right to control the conduct of that person in the performance of the service
  16. A doctrine under the common law providing that unless otherwise explicitly stated, an employment contract was for an indefinite term and could be terminated at any time by either party without notice
  17. Manuals issued by employers to inform employees of their duties and rights as employees
    Employee handbooks
  18. Liability that arises from the actions of another person who is in a legal relationship with the party upon whom liability is being imposed
    Vicarious liability
  19. Doctrine of vicarious liability under which an employer is held liable for the wrongful acts of his employees committed within the scope of their employment
    Respondeat superior
  20. A basis for tort that may arise from an employer's lack of care in selecting an employee who the employer knew or should have known was unfit for the position, thereby creating an unreasonable risk of harm to others
    Negligent hiring
  21. A governmental bureau established by Congress to execute certain functions of Congress. Agencies transact government business and may write and enforce regulations under the authority of Congress or the president
    Administrative agency
  22. The constitutional right of Congress to authorize government agencies to perform certain legal duties
    Delegation of powers
  23. Legislative enactment granting power to an administrative agency
    Enabling statute
  24. Rules and regulations established by administrative agencies to execute the functions given them by Congress or the president; also the law that governs how agencies must operate
    Administrative law
  25. Under the Administrative Procedure act or other legislation, the process that an administrative agency must follow for its actions to be valid
    Procedural rules
  26. In administrative law, the procedures that agencies must follow when issuing rules to interpret or enforce the statutory authority they were granted by Congress
  27. A rule or order, having legal force, issued by an administrative agency; the act or process of controlling by rule
  28. In administrative law, a rule issued by a regulatory agency under its powers granted by Congress and subject to procedural requirements that detail the legal obligations of affected parties
    Agency rule
  29. Administrative rulings based on statutory authority granted an agency by Congress; the rules have the same legal force as statutes passed by Congress
    Substantive or legislative rules
  30. Statements issued by administrative agencies that explain how the agency understands its statutory authority to operate; these may be advisory or binding
    Interpretative rules
  31. Under the administrative Procedures Act or other legislation, the process that an administrative agency must follow for its actions to be valid
    Procedural rules
  32. The requireent under many laws that one subject to the law must volunteer certain matters, including violations, that have occurred to the relevant regulatory agency
  33. An order by a court or other legal authority empowered to require a person to appear to give testimony about a certain civil or criminal matter
  34. In administrative law, a formal process involving a regulatory agency and the private parties involved in a complaint; procedures are more informal than a court trial but protect due process rights
    Adjudicatory hearing
  35. A person appointed to conduct an administrative hearing about a regulatory matter. Usually attorney who work for the administrative agency, such as the Federal Trade Commission, serve in this capacity. They run a trial-like proceeding and issue a decision in the matter based on the facts determined at the hearing
    Administrative law judge
  36. Authority of a court to reexamine a dispute considered and decided previously by a lower court or by an administrative agency
    Judicial review
  37. The right of a court or other body to hear a case and render a judgment
  38. The ability for the decision of a court or an agency to be appealed to a higher court or administrative level
  39. The right to sue in a particular court
  40. In administrative law, a doctrine that before a matter may be appealed to the court system, an agency must have finalized its decision, so the matter is ready for court review
    Ripeness doctrine
  41. A rule that when a statute provides an administrative remedy, relief must be sought through appropriate agency process before a court can act to consider other relief
    Exhaustion doctrine
  42. A judgment or decision, by an administrative agency or judge, which is without basis in face or in law. Such a decision is often referred to as being without a rational basis.
    Arbitrary and capricious
  43. Computing the costs of an activity compared to the estimated monetary value of the benefits from the activity
    Cost-benefit analysis
  44. In employment law, statutory or court-mandated exceptions to the presumption of employment-at-will that goes beyond contract issues in employment; for example, it is illegal for an employer to dismiss an employee for reporting for jury duty
    Public policy exceptions
  45. An employee who alerts the authorities to the fact that her employer is undertaking an activity that is contrary to the law
  46. A cause of action an employee may have if dismissed for an improper reason such as exercising a public right or other interest protected in the employment relationship, such as protected class status under Title VII
    Wrongful discharge
  47. Similar to Wrongful discharge, however it deals with torts
    Retaliatory discharge
  48. A part of a contract that releases one of the parties form liability for their wrongdoings, not favored at laws
    Exculpatory agreements
  49. In employment law, when an employer requires an employee, as a condition of employment, to agree not to compete with the employer in the future for a certain time and in a certain location; such agreements are not favored in some states
    Noncompete agreements
  50. In employment law, when employees are required to sign, as a condition of continued employment, an agreement that in the future, should they no longer work for the employer, they will not attempt to hire away other employees from the company; these are looked at closely by the courts as possible restraints of trade
    Anti-raiding covenants
  51. In employment law, workplace rules adopted by an employer with respect to any required tests and the consequences of abuse of drugs, alcohol, or other substances; must comply with certain federal and state laws.
    Substance abuse policy
  52. In employment law; the requirement that an employer provide training and information about hazardous chemicals employees will be exposed to on the job
    Hazard communication standard
  53. State statutes that provide for awards to workers or their dependents if a worker incurs an injury or an illness in the course of employment. Under such laws, the worker is freed form bringing a legal action to prove negligence by the employer
    Workers' compensation law
  54. Requirement at the state level that for one to practice a certain profession, one must meet certain educational or experience guidelines, pass an entry examination, and show evidence of continuing educational accomplishment
    Occupational Licensure
  55. Under the Employee Retirement Income Security Act, the requirement that pension benefits become the property of workers after a specific number of years of service to an employer
  56. An association of workers that is authorized to represent them in bargaining with their employers
  57. Under labor law, specific actions by employers, a union, or employees that are subject to coverage by standards set by the National Labor Relations Act.
    Labor disputes
  58. An agreement between an employer and an employee under which the employee agrees not to join a union, and that if he joins a union, there is a breach of contract and the employee is dismissed.
    Yellow-dog contracts
  59. In labor law, a wide range of actions that violates the rights of workers to organize and engage in collective activities or that violates the rights of employers to be free form practices defined as illegal under the National Labor Relations Act
    Unfair labor practices
  60. A card signed by an employee at a worksite targeted for possible unionization; the card authorizes the union to request that an election be held to determine if all workers will be represented by the union
    Authorization cards
  61. In labor law, when at least 30 percent of workers in a current or propose bargaining unit sign a request to have an election to determine if all workers in that workplace will be represented by a particular union
    Representation election
  62. In labor law, when a majority of the workers at a workplace vote to have a union be their collective bargaining agent, the National Labor Relations Board certifies the legal standing of the union for that purpose
    Union certification
  63. The union recognized and certified by the National Labor Relations Board, upon election by a majority of the workers, to be the exclusive representative of employees in a bargaining unit to determine working conditions and wages
    Bargaining agent
  64. A process by which employees vote to withdraw their consent to union representation; an election is conducted by the National Labor Relations Board
  65. In labor law, a unionized workplace where employees who are not union members must pay agency fees to the union for being the sole bargaining agent for all employees ; illegal in states that have right-to-work laws
    Agency shops
  66. In labor law, the right of a union to charge fees to employees are not union members, instead of union dues, to cover the cost of representing such employees; such fees are illegal in right-to-work states
    Agency fees
  67. State laws that prohibit unions from forcing employees who do not want to pay union dues or agency fees to pay such dues or fees even if the employees are represented by the union under a collective bargaining agreement
    Right-to-work laws
  68. The process by which a union and an employer arrive at and enforce agreements regarding employment of workers represented by a union
    Collective bargaining
  69. Under the National Labor Relations Act, all terms and conditions of employment that must be discussed by employers and unions or an unfair labor practice occurs
    Mandatory subjects of bargaining
  70. In labor law, actions by employees, such as a strike or other mutual activity that furthers their employment interests, protected by the National Labor Relations Act
    Concerted activities
  71. In labor law, a union action that tires to convince people not to deal with an employer with which the union has a grievance
    Primary boycott
  72. A union's refusal to handle products of or work for a secondary company with whom the union has no dispute; to force that company to stop doing business with another company with which the union has a dispute
    Secondary boycotts
  73. Refusal by an employer to allow employees to work
  74. The major section of the Civil Rights Act of 1964 that provides the primary basis for suits for employment discrimination based on race, sex, religion, color, or national origin
    Title VII
  75. Illegal treatment of a person or group based on race, color, national origin, religion, sex, disability, or age
  76. Under Title VII of the Civil Rights Act of 1964, those groups the law seeks to protect, including groups based on race, sex, national origin, religion, and color
    Protected classes
  77. Under federal employment discrimination law: black, white, American Indian or Alaska Native, Native Hawaiian or Other Pacific Islander, Asian and Hispanic or Latino
  78. When discrimination is employed against majority groups so as to favor certain minority groups, often in affirmative action programs
    Reverse discrimination
  79. Under federal employment discrimination law, the shade of one's skin
  80. Under federal employment discrimination law, the country a person or a person's ancestors are from
    National origin
  81. Under federal employment discrimination law, any sincere and meaningful belief a person possesses
  82. In employment discrimination law, the requirement that employers take steps that are not very costly to make employment possible for persons with disabilities
    Reasonable accommodation
  83. An accommodation to employees, based on an effort to satisfy religious beliefs, that would either alter the nature of the enterprise or affect its viability due to the costs imposed on the employer or other employees
    Undue hardship
  84. Under federal employment discrimination law, male and female; under some state laws, sexual orientations may be recognized categories
  85. Discrimination in employment in violation of Title VII of the 1964 Civil Rights act that may be evidenced by sexual advances, requests for sexual favors, and other conduct of a sexual nature
    Sexual harassment
  86. "what for what" or " something for something" the giving of something valuable for something valuable, such as consideration in a contract
    Quid pro quo
  87. In federal employment discrimination law, creating or allowing to exist a climate at work that is abusive to person based on their protected class status
    Hostile enviornment
  88. Under federal employment discrimination law, all persons over age 40 are covered
  89. A basis for employment discrimination based on exploitation of genetic information about a current or potential employee that affects employment decisions
    Genetic information
  90. A document issued by a federal or state employment discrimination agency, after an investigation of a complaint, stating that the plaintiff has raised issues that merit review by a court
    Right to sue letter
  91. Unwelcome conduct based on race, color, religion, sex (including pregnancy), notional origin, age (40 or older), disability or genetic information in violation of employment discrimination law
  92. Under federal employment discrimination law, when an employee quits employment due to pervasive abuse or discriminatory treatment in violation of Title VII
    Constructive discharge
  93. In federal employment discrimination law, when an employer sets rules to make it more difficult for a person who is a member of a protected class to meet job requirements than for similarly situation employees
    Differential standards
  94. Differential treatment of employees or applicants on the basis of their race, color, religion, sex, national origin, or age; for example, when applicants of a particular race are required to pass tests not required of other applicants
    Disparate treatment
  95. In federal employment discrimination law, the requirement that a plaintiff show they are a member of a protected class, met relevant job qualifications, suffered some adverse job action, and was treated differently with respect to the same issue by an employer
    Prima facie case
  96. Under federal employment discrimination law, an attack made by a plaintiff against a defense offered by an employer to a charge of discrimination, holding that the rationale given is a false excuse to cover discriminatory treatment
  97. When a worker suffers an adverse employment decision because the worker exercised a right under an employment discrimination statute
  98. In employment discrimination law, when an apparently neutral rule regarding hiring or treatment of employees works to discriminate against a protected class of employees
    Disparate impact
  99. Justification for an otherwise prohibited discriminatory employment practice based on employer's proof that 1) the otherwise prohibited employment practice is essential for the safety and efficiency of the business, and 2) no reasonable alternative with a lesser impact exists
    Business necessity
  100. In employment, a system that recognizes length of service in deciding promotions, layoffs, and other job actions; protection of workers based on length of service is protected by Title VII
    Bona fide seniority programs
  101. In employment discrimination law, the right of an employer to have a system to reward employees based on performance; often used as an affirmative defense in a Title VII discrimination case
    Merit systems
  102. Employment in particular jobs may not be limited to persons of a particular sex or religion, unless the employer can show that sex or religion is an actual qualification for performing the job. Not permitted on the basis of race
    Bona fide occupational qualification (BFOQ)
  103. Compensation for past economic losses (lost wages and fringe benefits) caused by an employer's discriminatory employment practices, such as limiting promotion opportunities for older workers
    Back pay
  104. Compensation for future economic losses arising from employment discrimination that cannot be remedied by traditional relief, such as hiring, promotion, or reinstatement.
    Front pay
  105. Taking constructive steps to remedy discriminatory employment practices affecting racial minorities and women
    Affirmative action
  106. Under powers granted by the Constitution, or by Congress in legislation, an order by the president to establish or enforce a legal requirement
    Executive orders
  107. A statistical breakdown of the composition of employees in an organization, by job category, by EEOC protected class status
    Workforce analysis
  108. A statistical review of workforce categories to look for evidence of underrepresentation of women and/or minorities; usually performed as part of affirmative action requirements
  109. Under the Americans with Disabilities Act, a physical or mental condition that affects a major life activity that limits the ability of a person to perform a particular job
  110. In employment discrimination law, the requirement that employers take steps that are not very costly to make employment possible for persons with disabilities
    Reasonable accommodations
  111. The release of substances into the air, water, or land that cause physical change
  112. In tort law, when an activity reduces the right of the public in general to enjoy property without unreasonable interference
    Public nuisance
  113. In tort law, when an activity reduces the right of one person, or a small number of persons, to enjoy property without unreasonable interference
    Private nuisance
  114. An unauthorized intrusion upon the property rights of another
  115. In tort law, a rule that when an activity involves a risk of serious harm, such as the use of explosives or toxic chemicals, strict liability will be imposed when any harm is caused to other persons or property
    Abnormally dangerous activities
  116. At common law, relating to the bank of a river or stream; the owner of land bounded by a river or body of water has the right to reasonably use the water next to the land or that passes over the land
    Riparian water law
  117. Federal standards under the Clean Air Act that set the maximum concentration levels in the atmosphere for several air pollutants
    National Ambient Air Quality Standards (NAAQS)
  118. Under the Clean Air Act, a requirement that each state prepare, under Environmental Protection Agency supervision, a plan to control certain air pollutants by certain dates to meet national air quality standards
    State Implementation Plan (SIP)
  119. Under the Clean Air Act, areas that meet federal standards for major pollutants; they are designated "prevention of significant deterioration areas," because they are not allowed to become more polluted
    Attainment areas
  120. Under the Clean Air Act, an area where the air quality is better than required by the national ambient air standards, such as national parks and wilderness areas. Air quality i snot allowed to fall
    Prevention of significant deterioration (PSD) areas
  121. Under the Clean Air Act, an area in which the air quality for certain pollutants fails to meet the National Ambient Air Quality Standards
    Nonattainment areas
  122. Under the Clean Air Act, a requirement that for a polluting facility to be built or expanded, the owner must reduce certain pollutants by as much or more than the new pollution to be generated; this may be done by paying other polluters to reduce emissions
    Emission offset
  123. Under the Clean Air Act, a pollution source such as automobiles, trucks, and airplanes
    Mobile sources
  124. In regulatory law, a right provided by congress for private citizens to bring a suit before a federal court to force compliance with a law passed by Congress; in some instances, the cost of the suit is borne by the government or the defendant the private party wins the case
    Citizen suits
  125. Liquid waste that is discharged into a river, lake, or other body of water
  126. Under the Clean Water Act, the EPA controls many effluent sources by limiting, through a permit program, dumping into any body of water
    Discharge permit
  127. Under the Clean Water Act, a heavily funded federal program to bring local water treatment facilities up to federal standards, usually the best conventional technology level
    Publicly owned treatment works (POTWs)
  128. Federal standards under the Clean Water Act that set the water pollution effluent standards for every industry that discharges liquid wastes into the nation's waterways
    National Pollution Discharge Elimination System (NPDES)
  129. Under the Clean Water Act, any definitive place of discharge of a water pollutant, such as pipes, ditches, or channels
    Point Source Pollution
  130. Under the Clean Water Act set the level of allowable wastewater discharges from new industrial facilities. The EPA determines the best available demonstrated control technology for each industrial category.
    New Source Performance Standards (NSPS)
  131. Under the Clean Water Act, firms with pollution permits must file these reports with the EPA and have them available for public inspection to show the level of emissions actually dumped into bodies of water or treatment facilities
    Discharge monitoring reports (DMRs)
  132. Under the Clean Water Act, sources of pollution that are diverse, such as urban and agricultural runoff from rainstorms
    Nonpoint source pollution
  133. In environmental law, land covered by water at least part of the year; exact coverage by various environmental statutes is still unresolved
  134. A substance that may cause or contribute to an increase in mortality or pose a hazard to human health or the environment when improperly treated
    Hazardous waste
  135. Sites under the Resource Conservation and Recovery Act, a requirement that producers, transporters, and disposers of hazardous wastes keep records (manifestos) and meet federal standards in all phases of such operations
    Treatment, storage, and disposal (TSD) sites
  136. In environmental and occupational safety law, the requirement that certain chemicals have documentation concerning their production, distribution, and disposal to ensure proper handling and disposal of toxic substance
    Manifest system
  137. In environmental law, the Comprehensive Environmental Response, Compensation, and Liability Act; it concerns requirements about when hazardous waste sites must be cleaned up and who is liable for the costs
  138. Contaminated sites, as determined by the EPA under the Superfund law, that must be cleaned up and returned to nearly original condition
    National Priority List (NPL)
  139. A possible polluter who may be held liable under CERCLA for contributing to the contamination or misuse of a particular property or resource
    Potentially responsible parties (PRPs)
  140. In environmental law, real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant
  141. An ecological or environmental area inhabited by a particular species of animal, plant or other type of organism; taken into consideration in designing protection programs for endangered or threatened species
  142. In environmental law, a list of animals and plants declared by the government to be in danger of becoming extinct; violators may be prosecuted for killing endangered animals or plants or injuring their habitat
    Endangered species