Company Officer Ch 5

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Author:
eaglejay
ID:
97101
Filename:
Company Officer Ch 5
Updated:
2011-08-15 10:28:19
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Company Officer
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Description:
Chapter 5 Legal Responsibilties and Liabilities
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  1. What is common law?
    • Body of law based on tradition, custom, usage and decisions of the judicial courts in a particular country, society, or culture
    • Developed by judicial decisions as opposed to legislative ones(statutory)
    • Subject to changes in society and judiciary views
  2. What are the 7 classifications of law?
    • 1. Substantive
    • 2. Procedural
    • 3. Common
    • 4. Statutory
    • 5. Administrative
    • 6. Criminal
    • 7. Civil
  3. Describe substantive law
    • Deals with issues by establishing principles, defining duties and obligations and creating and defining the limitations of rights within a society
    • Est. by legislative and goverment agencies and constitutions
    • Torts(duty of care provided to others), contracts(offers and the acceptance of offers)
  4. Describe Procedural Law?
    • Defines judiciary rules or mechanisms used to enforce substantive laws
    • Est. by legislative actions and constitutions
    • Where to file a case, what may be filed, when filings may occur, how the case will be handled
  5. Describe Common Law?
    • Body of law based on tradition, custom, usage and decisions of judicial courts in a particular country society or culture;much has become statutory through adoption by legislatures
    • Developed by judicial decisions as opposed legislative ones(statutory law)
    • Subject to changes in society and judiciary views
  6. Describe statutory law
    • Pertains to laws enacted by legislative bodies of govt.
    • Federal-created USFA, OSHA, EPA, EEOC, IRS
    • State-created tax codes, marriage laws,MV laws, hunting regs etc.
    • Local- created ordinances, speed limits on loccal streets, business licesences
  7. Describe Admistrative laws
    • Laws created by government agencies and used to enforce and implement statutory law
    • Defines extent of powers held by govt. agencies in performing responsibilities; IRS, OSHA
  8. Describe criminal law
    • Means by which society protects itself; rights and responsibilities of individual to society
    • Est by legislative action at all levels of govt. and are in the tradition of common and civil laws; usually administered by state
    • Penalties are monetary and or loss of freedom
  9. Describe civil law
    • Means by which individuals seek redress, usually by monetary means
    • Est by legislative actions
    • Property rights, contracts, taxation, privacy reg by civil law
    • Standard of proof-balance of probabilities or preponderance of evidence
  10. Liability
    • criminal
    • civil-need unresolved issue and someone to hold accountable; sue
    • TORT-civil wrong or injury; main purpose to seek money for property, injuries, lost income; most common against FD, plaintiff must have suffered damages as a result
    • Negligence-breach of legal duty, performance below a reasonable standard of care,
    • misfeasance-improper performance
    • nonfeasance-failure to act
    • Personal-individual responsibility for causing harm or injury
    • Fireman's rule- property owners not liable for FF injuries during duty unless result of crime, gross negligence, or willful and wanton disregard
    • Government-immunity
  11. Elements of TORT action
    • Defendant must owe legal duty to plaintiff
    • Must be a breach of duty
    • Breach must be proximate cause for accident
    • Plaintiff must have suffered damage
  12. Code of federal regulation
    • Contain US federal adminstrative laws
    • Divided into 50 titles; updated once per calender year and issued quarterly
  13. EEOC protected worker classes
    • Women
    • Minorities
    • Workers over 40 and under 70
    • Those w/ disabilities
  14. 4 Areas of Employment Discrimination
    • Disparate treatment- based on race, gender, religon etc.
    • Adverse impact-test or screening device that adversly effects members of a protected class
    • Sexual Harrassment-quid pro quo; hostile work environment
    • Reasonable accomodation-accomodate religious, gender-based differences, physical and mental impairments
  15. American's with Disabilities Act
    • Provides for Reasonable accomodations for people w/ disabilities; Feds Indian tribes and private clubs are exempt
    • Any public business must comply unless too expensive, disruptive or difficult AND reasonable efforts have been made
    • Employment orgs/ with 15 or more fulltime employees; hire based on education exp. and ability regardless of disability
    • Alcohol or drug abuse temporary disability not covered
  16. FLSA
    • Orgs with 5 or more employees must pay 1.5 for hours over 40
    • Police 43hrs, Fire 53hrs, Fire admin and executive exempt

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