mgmt 10 final

Question 1

Employment Law

Answer 1

• prior 1930’s no labor law
• had agency (to define when the employer would be liable for what the employee did) which allowed protests on employers of their employees
• strictly product of statute

Question 2

FLSA(fair labor standards act)

Answer 2

-initially passed to end child labor
↳dealt with other thing like
↳ set the minimum wage
↳ 40 hr work week( federal rule)
↳ CA (8hr/day)
- lunch break (30 min) and rest breaks
Federal
- over 40 hr work week (overtime)
- defined whos entitles for lunch break/overtime

Question 3

Exempt employees

Answer 3

limited to professionals like doctors, lawyers, accountants
- Administrators like managers, supervisors
- Executives - the decision makers

Question 4

Independent contractors

Answer 4

• set their own schedules
• reliable for own contractors
• bring and pay for own supplies
• liable for torts/contracts

Question 5

employees

Answer 5

• health benefits
• required to have works comp
• not liable for torts

Question 6

intellectual property

Answer 6

patent, trademark, and copyright

Question 7

patent

Answer 7

-did not exist as a common law
- exclusively statutorily created
- must be registered for it to be protected
- last 20 years
- deals with machines, products, conventions, plants created by non sexual reproduction
* Utility-20yrs,
* design (less Used;Nike )-14yrs

Question 8

fraud

Answer 8

make a material misrepresentation of a fact on which someone reasonable relies to their detriment
1. intentional tort
2. defense to contract to make the contract voidable
3. can be a crime

Question 9

copyright

Answer 9

• common law right so don’t need to register it
• protects original thought in fixed form = has to be written
• magazine article, cover books, newspaper, art, computer program
• Fair Use Doctrine: allows copyright for school, comedy, scholarship, research, criticism
• Time: Life of creator + 70 years
  EX: Sony v Paramount
• if copying from TV (Fair Use)
• if copying from TV & making profit (Copyright)

Question 10

defenses to negligence

Answer 10

1. contributory - absolute bar
2. (in CA) comparartive- allocate liability, amouunt that is due
3. assumptiin of the risk- knowing there is risk and choosing to do it anyway

Question 11

statutes of frauds

Answer 11

certain contracts must be in writing
1. contracts for any interest in land
2. contracts that can’t be performed within a year
3. goods over $500
4. contracts to answer for the debt of another

Question 12

FEHA( Fair Employment Housing Act)

Answer 12

• mirrors Title 7
• protects sexual preference

Question 13

Civil Rights Acts 1964

Answer 13

• passed to end race discrimination
• included religion and national origin, sex
• later age, disability, pregnancy, and sexual preference got added

Question 14

BFOQ (Bona Fide Occupational Qualification)

Answer 14

• race NOT BFOQ
• protects religion bc 1st amendment
• has to do w/ job (ex: male officer strip searching male inmates)

Question 15

Harassment

Answer 15

1. Quid Pro Quo
   2.hostel work environment

Question 16

Quid Pro Quo

Answer 16

• ultimatum that is sexually connected to employment
  “sleep with me or get fired”
• immediately sue

Question 17

hostel work environment

Answer 17

• Sexual jokes, watching porn at work
• HAVE to first report to HR before suing
• to be questionable needs Severe & Pervasive

Question 18

Intrusive Land

Answer 18

1. free simple- owner on record “i won the property”
2. leasehold - the right to the use and enjoyment of a property for a period of time
3. life estate - give someone the right to fully enjoy & use house for themselves for the remainder of their life (NOT SELL)
4. easements- the rights to cross property
   - utility( SMUD, water company)
   - “to and fro” - is done by agreement but…, access across one’s property ex. driveway

Question 19

A bailment

Answer 19

an act of delivering goods to a bailee for a particular purpose, without transfer of ownership (valet, coat checker) have possession but no ownership

Question 20

licence

Answer 20

give them the right to be there for a specific amount of time and for a specific purpose

Question 21

trademark

Answer 21

property right provided by the common law
- mark, letters, words, design used with a product ex. nike and nike swoosh

Question 22

trade dress

Answer 22

The way it looks/ knock off (ex: Bubbas BBQ)
3 Requirements
1) non-functional
2) inherently distinctive
3) infringement creates confusion
dose pesos v. taco cabana

Question 23

Scope of Employment

Answer 23

• would be liable for the torts committed by our employees if it was done by the course and scope of their employment
• not foreseeable during work
• cannot be in frolic of their own
• out of scope -> frolic of their own
  EX: Delivery guy on freeway stopped for a hamburger

Question 24

Expressed Authority

Answer 24

Employer telling you specifically what to do/ agreement spelled out

Question 25

Implied Authority

Answer 25

tasks never discussed but should be done (common knowledge)

Question 26

Express + Implied Authority

Answer 26

actual authority

Question 27

Apparent Authority

Answer 27

created when you dont have the actual authority to do what you're doing but the employer gives you an illusion that you do (calls you manager assistant instead of secretary)

Question 28

inducing breach of contract

Answer 28

i induce you to breach a contract with someone else whether to enter into one with me or to harm them my liability would be intentional tort you liability would be breaking the contract

Question 29

ERISA

Answer 29

Employee Retirement Income Security Act - passed to protect pension funds - covered all employee benefits like health care, dental care, visibility insurance

Question 30

corporations ( held closely)

Answer 30

- not easy - limited # of investors (relying on relatives/friends/ppl you know) - must have articles of corporations - maintain minutes of meetings

Question 31

corporations (Publicly Held)

Answer 31

- harder to put together - yearly shared meetings - unlimited # of investors (potentially) - shares of funding: selling ownership/debt - Liability: good Tax: bad/double taxed

Question 32

general partnerships

Answer 32

- easy to form - no formal agreement/document but SHOULD HAVE - Funding: contribute or borrow - Liability: Liable to each other - Tax: Once, good

Question 33

limited partnerships

Answer 33

- not easy - need general partner - formally create/maintain agreement - funding: ppl invest in it - Liability: as long as you don't get involved in day to day business ( great ) if you do -> become general partner -> liabale - Tax: taxed on distribution of partners

Question 34

statues of limitation for negligence

Answer 34

oral- 2yr fraud- 3yrs written- 4yr

Question 35

elements of negligence

Answer 35

- duty - breach of duty - cause in fact - proximate cause - damages

Question 36

3 elements of a contact

Answer 36

1. offer 2. acceptance 3. consideration

Question 37

damages

Answer 37

1. special damages - put a number to it, medical bills 2. general damages - emotional distress 3. punitive damages - punish the wrong doer( for intentional tort)

Question 38

contract damages

Answer 38

1. compensatory damage - "benefit of the bargain" Hadley v. Braxandale 2. consequential damage -