Term
1. party who brings suit
2. wrongful act
3. Burden of proof
4. remedy |
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Definition
| the differences between civil and criminal suits |
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Term
plaintiff (civil)
prosecutor (criminal) |
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Definition
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Term
harm caused (civil)
violation of statute (criminal) |
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Definition
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preponderance of the evidence (civil)
beyond a reasonable doubt (criminal) |
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Definition
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Term
money (civil)
punishment (criminal) |
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Definition
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Term
| felonies and misdemeanors |
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Definition
| classifications of crimes |
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Term
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Definition
| serious crimes punishable by death or imprisonment of more than one year |
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Term
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Definition
| crime less serious; punishable by fine or imprisonment up to one year |
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Term
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Definition
| performance of a prohibited act |
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Definition
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Term
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Definition
| 2 elements that must occur together to establish criminal liability |
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Term
1. violent crime
2. property crime
3. public order crime
4. white-collar crime
5. organized crime |
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Definition
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Term
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Definition
crimes that cause others to suffer harm or death.
ex: murder assault and battery, sexual assault, and robbery |
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Term
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Definition
crimes in which the goal of the offender is some form of economic gain or the damaging of property
ex: burglary, larceny, arson, forgery, etc. |
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Term
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Definition
crimes contrary to public values and morals
ex: public drunkenness, prostitution, gambling, and illegal drug use |
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Term
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Definition
an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage
ex: embezzlement, mail and wire fraud, bankruptcy fraud and insider trading |
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Term
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Definition
| a form of crime conducted by groups operating illegitimately to satisfy the public's demand for illegal goods and services |
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Term
1. insanity
2. mistake
3. duress
4. justifiable use of force
5. necessity
6. entrapment
7. statute of limitations |
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Definition
| defenses to criminal liability |
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Term
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Definition
| protects us from unreasonable searches and seizures; requires that no warrant for a search or an arrest can be issued without probable cause |
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Term
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Definition
| requires that no one be deprived of life, liberty, or property without due process of law; prohibits double jeopardy; requires that no person be required to be a witness against himself/herself |
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Term
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Definition
| guarantees a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages in some proceedings |
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Term
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Definition
| prohibits excessive bail and fines and cruel and unusual punishment |
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Term
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Definition
| all evidence obtained in violation of constitutional rights is not admissible in trial |
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Term
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Definition
| you have the right to remain silent... |
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Term
| employment at will (for both parties) |
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Definition
| the general rule for employment relationships |
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Term
| contract (expressed or implied), union (collective bargaining agreement), federal and state statutes |
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Definition
| 3 exceptions to the general rule |
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Term
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Definition
| prohibits gender-based discrimination in wages for equal work; requires that men and women be given equal pay for equal work in the same establishment |
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Term
| 1961 - JKF put together a committee for women in the workplace. Eleanor Roosevelt was chairman |
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Definition
| first step in federal and state statutes for employment |
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Term
| Title VII of the Civil Rights Act of 1964 |
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Definition
| prohibits job discrimination against employees and applicants on the basis of race, color, national origin, religion and gender at any stage of employment |
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Term
1. he/she is a member of a protected class
2. he/she applied and was qualified for a job in question
3. he/she was rejected by the employer
4. the employer continued to seek applicants for the position of filled the position with a person not in a protected class |
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Definition
| 4 steps for proof of intentional discrimination |
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Term
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Definition
| "the workplace is permeated with discriminatory, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" |
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Term
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Definition
| if harasser is supervisor: |
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Term
| if employer knew or had reason to know about the harassment and failed to take immediate action |
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Definition
| if co-worker is harasser: |
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Term
| employer; if they knew and failed to attempt to prevent |
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Definition
| if non-employee is harasser: |
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Term
1. employer took reasonable care to prevent and correct promptly any sexually harassing behavior
2. employee suing for harassment failed to follow employer's policies and procedures |
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Definition
| employer's defenses to sexual harassment |
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Term
1. have a policy in place
2. have an effective complaint handling procedure
3. train your employees |
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Definition
| protection devices for employers against sexual harassment charges |
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Term
1. must file complaint with the EEOC
2. EEOC may investigate and attempt out-of-court settlement
3. EEOC can file suit on employee's behalf or employee can file their own lawsuit |
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Definition
| Procedure under title VII |
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Term
1. reinstatement, back pay, retroactive promotions, and damages
2. compensatory damages only in cases of intentional discrimination
3. punitive damages only if employer acted with malice or reckless indifference
4. cap: $50,000 - $300,000 depends on #of employees |
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Definition
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Term
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Definition
| prohibits employment discrimination on the basis of age; applies to individuals 40+ |
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Term
| Pregnancy Discrimination Act of 1978 |
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Definition
| employees affected by pregnancy cannot be fired or denied a job or a promotion because they are or may become pregnant, nor can they be forced to take pregnancy leave if they are willing and able to work |
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Term
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Definition
| employers cannot refuse to hire a person who is qualified but disabled; a suit may be filed only after a claim is pursued through the EEOC |
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Term
A plaintiff must show he or she:
1. has a disability;
2. is otherwise qualified for a job;
3. was excluded solely because of the disability |
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Definition
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Term
1. a physical or mental impairment
2. a record of such impairment
3. being regarded as having such an impairment |
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Definition
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Term
| Occupational Safety and Health Act of 1970 |
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Definition
| attempts to ensure safe and healthful work conditions for most employees; enforced by OSHA |
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Term
1. employment relationship
2. work injury
3. injury must occur on the job or in the course of employment |
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Definition
| State Workers' Compensation Laws |
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Term
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Definition
| establishes standards for the management of employee pension plans |
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Term
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Definition
| prohibits the elimination of a worker's medical, optical, or dental insurance on the termination of most workers' employment. Coverage must continue for up to 18 months. Worker pays the premium plus 2% |
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Term
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Definition
| employer must provide employee with up to 12 weeks of family or medical leave during any 12 month period, continue health-care coverage during the leave, and guarantee employment when employee return to work |
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Term
1. ease of formation
2. management
3. liability
4. continuity of existence
5 transferability
6. profits and losses
7. taxation |
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Definition
| Considerations in selection of business enterprise |
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Term
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Definition
| percentage of businesses in the country that are sole proprietorships |
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Term
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Definition
| percentage of workers that work in businesses employing fewer than 100 people |
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Term
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Definition
| an unincorporated business owned and operated by one person |
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