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by: SC Sultana
SC Sultana
GPA 3.5
US Presidency
Dr. Carson

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US Presidency
Dr. Carson
Study Guide
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This 65 page Study Guide was uploaded by SC Sultana on Saturday September 19, 2015. The Study Guide belongs to 4610 at University of Georgia taught by Dr. Carson in Summer 2015. Since its upload, it has received 24 views. For similar materials see US Presidency in Political Science at University of Georgia.


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Date Created: 09/19/15
IS WORK GOOD FOR YOU I WORK AND COGNITIVE PERFORMANCE We know that work provides organizes our lives shapes our selfidentity and provides a sense of selfworth unemployment is more than an economic problem It also affects our cognitive abilities retirement causes a decline in cognitive performance Consider the following figure taken from Rohwedder and Willis Mental Retirement Journal of Economic Perspectives 24 1 2010 Average cognitive score N y I 10 United States 13 ngland Denmark O Swed en Germ O I an Switzerland olqetherlands Austria 0 Belgium 0 France 0 Italy I l I I I 30 40 5 0 60 70 80 90 1 00 Percent not working for pay Cognition by Percent Not Working for Pay 6064 YearOld Men and Women 2 questions why are crossnational data comparisons between countries the best way to examine the relationship between retirement and mental ability how do you explain the results WORK AND HEALTH We know that jobs vary according to how well they pay and how dangerous they are less well known is that a person s job influences hisher likelihood of becoming ill and even dying even in jobs that are not particularly dangerous Example study of heart disease in British civil servants Whitehall study Whitehall I 17510 male civil servants screened between 1967 and 1969 462 26 died in the next 75 years from coronary heart disease CHD Inverse relationship between occupational rank pay grade and CHD deaths Administrative Professional Clerical Other Executive 960 12157 2768 1625 CHD deaths 094 210 401 535 Possible causes of this relationship smoking overweight physical inactivity Risk factors Administrative Professional Clerical Other Executive smokers 29 37 53 61 BMI z 28 10 12 14 17 inactive 26 30 43 56 These and other risk factors explain about 40 of the paygrade differences in CHD What about the remaining 60 Study s authors unexplained Why are lowerlevel jobs more stressful Whitehall 10308 male and female civil servants between ages of 35 and 55 screened between 1985 and 1988 test of job strain model decision latitude autonomy variety job demands work pace controlled for grade SES coronary risk factors Conclusion Job strain is associated with an increased risk of CHD among men and women employed in the civil service III BROADER IMPLICATIONS OF THE STRESS RESEARCH Earlylife stressors in particular those associated with poverty and racism may make people more susceptible to cardiovascular disease highblood pressure diabetes and arthritis which reduces life span The stress that is most damaging is a sense of helplessness or lack of control over one s fate which is greater among those who are poor less educated or in lowstatus jobs Consider the data from the following study comparing the healthy life expectancy QualityAdjusted Life Years of 25yearold bluecollar workers to whitecollar workers depending on whether they have arthritis or not QALE SCORE BlueCollar WhiteCollar Without arthritis 44 50 With arthritis 33 39 Source Arthritis Occupational Class and the Aging US Workforce American Journal of Public Health July 201 1 Another increasingly recognized source is the kind of boss you have at work mean bosses are bad for workers health and also leads to poor performance because employees do not process information as well Boors in the Workplace These are the rude behaviors by bosses most often cited in a recent survey in descending order of frequency 0 Interrupts people 0 Is judgmental of those who are different 0 Pays little attention to or shows little interest in others opinions Takes the best and leaves the worst tasks for others Fails to pass along necessary information Neglects saying please or thank you Talks down to people Takes too much credit for things 0 Swears Puts others down LEGL Final Study Guide 91915 726 PM Cumulative Stuff 0 30 Questions Chapters 9 21 20 o 20 Questions 0 Know more comprehensively o 23 questions from reading Chapter 4 0 Do Not Need to know 0 Personal jurisdiction 0 Standing to sue 0 Subject 0 Need to know 0 Trial process Pleading gt Complaint Answer Reply Discovery interrogatory request for production request for admission Jury selection can challenge jurors for two reasons Jury deliberations o Burdens of Proof Chapter 5 0 Alternative Dispute Resolution Arbitration 0 Binding 0 Voluntary vs Mandatory arbitration Mediation 0 Non Biding o Mediation vs Arbitration Chapter 6 amp 15 Commerce Clause 0 How government is involved and when do they have power to exercise it 0 1st Amendment 0 Freedom of speech religion press establishment o Relate who those things apply to Chapter 7 0 Acquisition of property 0 Acquisition via exchange 0 Via possession 1St possession abandon property lost vs mislaid adverse possession a 5 requirements 0 through confusion 0 through accession 0 through gift Nuisance laws 0 Public vs private nuisance Eminent domain 0 When govt takes property Chapter 11 o 4 different types of Intellectual Property 0 trade secrets 0 patents o trademarks 0 copyright 0 Relate above to associated What s required to obtain one o How long do they last Chapters 8 9 0 Common Law vs UCC 0 Sale goods 0 Formation of a contract 0 Offer When can it be determined 0 Acceptance Don t worry about mailbox rule Mirror image of an offer or else becomes counter offer 0 Consideration Past Consideration is not sufficient Capacty Lawful Purpose 0 O Statute of Frauds 0 Sale in lands sale goods over 500 contracts less than a year one other one Contract has to be in form of writing for purpose of exam 0 Reasons to void contract 0 Fraud 0 Misrepresentation Remedies o Compensatory Damages 0 Specific Performance 0 Recession Chapter 13 0 Criminal Law 0 Search and Seizure Laws 0 Exceptions include consent evidence going to be destroyed no expectation of privacy 0 5th amendment 0 Just self not the other ones 0 Know limitations 0 Associated Crimes 0 Conspiracy o Aiding and Abetting Chapter 10 Tort Law 0 Intentional vs Unintentional Intentional o Defamation Defamation vs Injurious Falsehood 0 Fraud 0 Injurious Falsehood o Intentional Interference with Contractual Relations 0 Unintentional o Negligence What s required 0 Strict Product liability Manu or sell defective product you are responsible for injuries Not need to defenses Chapter 14 o A lot of material 0 6 Business organizations 0 how they compare and contrast across 5 factors Partnerships 0 Liability for partnerships 0 Partner must be held 100 accountable for debt Fiduciary Duty 0 Duty of loyalty o Duty of Care Chapter 17 0 Little about Enron o What factors contributed to the Company s collapse 0 Which one of those factors did Sarbain Oxley address MarktoMarket is main but others 0 Do not need to know 0 Security act of 1933 0 Only focus on non public information concept for act of 1934 Chapter 16 0 Just Sherman not Clayton 0 Section 1 Agreements between multiple companies Per se illegal I Horizontal price fixing a Horizontal territory agreements Rule of reason balancing test a Pro vs Cons 0 Section 2 Monopoly s are not automatically illegal I Only when you have monopoly power a Exclusionary conduct prevent competitors from the industry Chapters 921 Employee vs Independent contracter 0 Matters because of tort liability 0 Compare and contrast Tort liability dynamics Contract libailtiy 0 Authority 0 Disclosure of Principle Agency Law slides online Duties of an agent to principle 0 Duties principle owes to agent At will vs fixed employment employee Acts 0 Fair Labor Standards Act 0 Something about a layoff notice 0 Medical leave act Civil Rights Act 0 Who it applies to o What types of discrimination is prohibited 0 Disparate treatment 0 Disparate Impact Age discrimination Litigation 91915 726 PM Pretrial Process 0 Parties have to file pleadings Written documents where both sides explain their sides of the case 0 filed by plaintiff to start a lawsuit Who are the parties why does the court have jurisdiction prayer of relief what you want court to do 0 Defendant has 20 days to create a response or else they automatically lose by default is what the defendant submits Go through point by point of complaint and confirm or deny claims against you Potentially state counterclaims o If you do file counterclaims plaintiff files a Basically a minianswer is overwhelming majority of litigation 0 Both sides get all the information they need and then share 0 That s why there are so many settlements now 0 Written question and answer 0 Identify any individual that you are aware has personal knowledge of the facts and circumstances of this case including all eyewitnesses to the accident 0 List all insurance agreements 0 Documents are any physical evidence ex Car after accident 0 Must preserve all documents for that case if you are about to be sued Deposition 0 Real time in person facetoface question and answer session 0 Have to stick to deposition answer in trial or else jury will not trust you 0 Used to lock in a testimony for old or sick people who might not make it to trial 0 Written question and answer All yes or no type questions admit you were driving a 2000 Toyota with Maryland tags on the car crashquot Trial 0 The attorneys from each side get to ask the potential jurors queonns 0 Can pretty much ask whatever you want All Juries are supposed to be impartial Challenge for Cause means a juror is biased going into the case and should be replaced More discretionary Anything you don t like about juror you can kick the off for Limited in number 35 Can only not use peremptory challenge for Race and Gender 0 Opening Statement 0 Attorneys are previewing their case to the jury Presentation of Evidence 0 Witnesses give testimony s on the stand 0 All plaintiffs witnesses then all defendants witnesses 0 Closing Statement 0 Argumentative statement siding with client 0 Jury Instructions 0 Judge gives Jury instructions to set penalties based on how they rule 0 Jury Verdict o how sure of decision does jury have to be a No plausible explanation other than the person committed the crime a Only used in criminal cases I Have to pick a winner a Who do you believe a little bit more a Somewhere in the middle between the previous two a Pretty sure who should win but may have some doubts Alternative Dispute Resolution 91915 726 PM 0 Different ways to solve a dispute outside the court system 0 Other ways to solve dispute without litigation ADR might be clause in business contract to avoid litigation 0 Cheaper shorter o Preserve the business relationship Things get hairy when you take business partner to court 0 Any litigation outcome is public record ADR outcome can be confidential Can do litigation and ADR in conjunction with each other 0 Not an either orquot situation Settlement 0 Least formal easiest way to solve a dispute 0 Any time two parties agree to a compromise is considered a settlement 0 9598 of court cases end in settlement vs jury trial 0 Two sides have attorney to draw up contract for settlement 0 Almost always agree to dismiss litigation and promise to not sue again 0 Can include confidentiality clause 0 Rather than a judge and jury deciding a case case is sent to a 3rd party 0 Cheaper and quicker than jury trial 0 Irrevocable decision cannot change your mind after arbitration has commenced Binding o Anytime both parties have agreed to arbitrate their case 0 Big corporation wins 99 of arbitrations against single consumer Big corporation use same arbitration firms so there is incentive for firms to side with corporations o Anytime the law says you must arbitrate a particular type of dispute Cases with small monetary values involved in dispute or different types of cases ex All divorce cases Arbitration Process 0 First decide who is going to conduct operation 0 Any number of odd arbitrators 0 Can pick anyone no requirement they are of legal background eg a lawyer judge etc Then enter some type of discovery 0 Set ground rules on discovery Arbitrator sets date for hearing where case is heard 0 Usually only a few hours long Arbitrators then decide who wins and who loses 0 Usually decide one party or the other can reach compromise solution but unlikely Arbitrators then put ruling in writing 0 Resolves the case Judicial Review of Arbitration Decisions 0 Almost impossible to get judge to turn over a voluntary arbitration ruling 0 Can be done if the decision was arbitrary The arbitrator admits that he or she picked the winner for no reason at all The arbitrator was biased and decision was made via fraud bribed Contrary to public policy the arbitrator forces you to do something illegal 0 Statutory Mandatory arbitration has automatic rite to judicial review 0 Court throws whole thing out and starts over from beginning 0 Similar to arbitration except mediation is 0 Can end mediation halfway through without penalty Mediation Process 0 Role of mediation is not to make a decision but to find common ground of both parties to resolve conflict 0 At end of mediation write down settlement agreement 0 Never a winner or oser Both sides must be content with outcome Constitution and Commerce Clause 91915 726 PM Structure of the Constitution 0 Article IV 0 Full Faith and Credit Clause states have to respect each others laws and judicial decisions 0 Privileges and Immunities Clause states can not discriminate against residences of different states Only exception is if state is providing a benefit funded by tax dollars Ex instate vs outofstate tuition 0 Separation of Powers 0 Constitution separates powers through checks and balances 0 Anything not specifically assigned to the federal government in the constitution is reserved for the states Education Marriage 0 Separation of powers between levels of government is known as federalism Supremacy Clause 0 Federal law is supreme over state law 0 Preemption Federal law is the only law allowed Congress can preempt an area of law 0 Contract Clause 0 No state shall pass a law impairing the obligation of contracts 0 States cannot pass a law that changes existing contract Federal government can impair existing contact 0 Keeps trade consistent o Regulate foreign trade by embargos tariffs free trade agreements 0 Interstate commerce is any business activity between two states 0 Intrastate commerce is business activity occurring within the same state Old timesCongress has power to regulate interstate commerce while states regulated intrastate commerce No distinction between the two now 0 Power is reserved under the state Regulate public health safety morals and welfare Ex Speed limits alcohol restrictions education and marriage 0 Dormant Commerce Clause Concept Limitation State cannot use police powers that would disrupt state powers Bill of Rights 0 what the government says you cancannot do 0 Does not include private corporations 0 States 5 protectants 0 Government cannot infringe on or punish freedom of speech Speech in interpreted broadly 0 Business related speech 0 Advertising is not protected by first amendment 0 Government cannot impose a prior restraint 0 Establishment Clause Neutral to certain religious belief Separation of church and state 0 Free Exercise clause The state of MA passes a law prohibiting houses of worship from offering parishioners wine or bread during a church service a Free exercise a Prohibited under constitution the US congress passes a law requiring that all elementary schools instruct students on biblical history a Unconstitutional 0 Second Amendment 0 Weapons 0 Due Process of Law O 0000 5th and 14th amendments All legal proceedings have to be fair Right to a speedy trial attorney and jury Right to be notified of any legal proceedings Right to participate in the proceeding to be heard and defend yourself Take away life liberty or property notify proceeding 0 Equal Protection Clause 0 O 0 Cannot discriminate between people Legitimate compelling government interest Not favor one over another Property Law 91915 726 PM What is Property 0 You have the legal right to exclude other people from using a resource you lawfully poses 0 Police will enforce o In order to be a property it has to be a resource 0 A resource is anything that someone out there places value on o In ideal socialist model government owns all land and divides it up equaHy Capitalist Private Property System individuals and corporations own property 0 Resources go to whoever will pay the most value for them 0 Role of government is to enforce private property 0 Some resources you cannot own 0 Drugs certain weapons Types of Property 0 Real Property 0 Ownership of land or any fixture semi attached to the land 0 Fixtures can be inside buildings Default rule is that anything semi attached to the house stays with the house unless otherwise discussed 0 Personal Property Any movable resource 0 Tangible Personal Property Any property you can touch 0 Intangible Personal Property Property that has no physical property Ex Stock intellectual property 0 Use 999 of the time 0 Both parties have resources we wish to trade Usually money 0 You own something just because you are in current possession of it You are the first person to control a resource so you are considered the owner of that resource Exploring new land If a property has been abandoned by its owner then you can acquire it through possession Only for personal property not land Abandonment is measured by the intent of the owner Ex of Mislaid Property place wallet on table and walk away and forget it n Goes to the owner of the premises where it was found Ex of Lost Property wallet falls out of pocket unintentionally placed there a Lost Property goes to the finder Lost vs Mislaid is determined by what is most likely in that situation 0 take someone else s land after you have trespassed there long enough n Ga is 20 years Requires people to have identical goods If two identical goods are together each owner gets one of them Original owner of the property owns any additions or improvements to the property assuming wasn t discussed before Person giving the gift is called a donor n Donor must intend to give the gift a Donor must physically give the gift to its recipient Testamentary gift is when someone gives property after they are deceased Types of Ownership 0 Fee Simple 0 Fee Simple Absolute you control property entirely can do whatever you want with it and own it forever as long as you don t break the law 0 Fee Simple Defeasible Generally can do whatever you want with it except there is some condition placed on use of property Conditions transcend owners 0 Life Estate 0 Only own for a limited period of time lifetime before to goes to someone else Leasehold Estate 0 Giving someone right to poses land for a fee 0 Tenet cannot destroy the premises 0 Definite Lease lease house for a fixed period of time o Atwill lease month to month basis 0 Concurrent Ownership 0 Ownership by two or more people together 0 Title and Property Registration 0 for certain types of property govt will require you to have a piece of paper that proves your ownership car boat airplane land Title car Deed land 0 Specifies details of your ownership Warranty Deed more common a Guaranteed ownership of the land Quitclaim Deed n A little shady due to limited assurance n The seller says that he assures only that he won t take the property back n Useful in divorces Special Applications of Property one person owns it but another person somehow has the right to use it o Easements you have a legal right to usecross over someone else s land 0 Ways to Acquire 1 buy it 2 reserve the easement reserve the right to use that land when you sell that land 3 by prescription kind of like adverse possession you ve done it for so long that you ve acquired the legal right to use that land Bailment only personal property you loan it to someone for a period of time and have them watch it leaving your car the mechanic putting your money in the bank renting a car taking your clothes to the dry cleaners o Bailor vs Bailee Bailor person giving the property Bailee person getting the property a The bailee has to intentionally accept the item 0 Three types Sole benefit of the bailor Bailment for mutual benefit Sole benefit of the bailee 0 Standard of care 0 The bailee has by accepting your property a dutylegal obligation to protect your property Reasonable care you do what a reasonable average person do under certain circumstances The amount of care depends on which of the three types of bailments it is sole benefit of the bailee warrants the greatest amount of care Exception act of god public enemy n Ex tornado hurricane earthquake Limitations on Property for the Common Good o when someone is using their property in a way that interferes someone ese s use of property 0 something that affects a lot of people building a bomb pollution dumping in the river Regulated by the government 0 affects a smaller number of people just your neighbor or a few houses around you There can be regulations 0 Zoning govt will pass laws for how you can use your land in certain ways 0 Two ways around it 0 Get it rezoned o Variance ask for an exception to be made ie you want to open up a hair salon in your basement but obviously the area is zoned residential activities only You ask your local government to make an exception and give you permission to run your business Might have to showprove that your variance won t cause a disturbance to your neighbors parking noise etc 0 When the govt takes your property 0 They can force you to give up your property 0 Requirements 1 If the govt is actually taking it where they are transferring the ownership to themselves 2 for public usebenefit school road for higher tax purposes 3 they have to pay you just compensation fair market value Intellectual Property 91915 726 PM Overview of Intellectual Property 0 Each one of those protects certain types of ideas 0 Sources of Intellectual Property Law 0 Comes from the constitution Want to promote arts and science by giving authors and scientists the exclusive right to that Patton and Copyright under constitution Trade Secrets and Trademarks were later statutes 0 Strong intellectual property rights help incentivize advancements 0 Some type of valuable commercial information that is not known by your competitors 0 Must prove 2 things in court to establish you have a trade secret Requirements Depends on how valuable the information is May make employees find confidentiality agreement or non compete Do not have to prove you are the only company that knows the information Ex Businesses customer email lists 0 Trade Secret Enforcement 0 Civil Company that owns information sues you for stealing information 0 Criminal Government is prosecuting you for unauthorized access 0 Until the government authorizes the patents your rights do not exist 0 Blatant disregard of patent law results in triple 3x the penalty 0 In order to be a patent 0 Must have patentable subject matter 0 Patentable Subject Matter 0 A machine An item that has a useful purpose 0 A Process A way of doing something Ex Henry ford s assembly line 0 Composition of Matter Chemical compounds An improvement of any of the first 3 0 Designs Protects the actual design of the product Cannot look exactly alike 0 Plants o Nonobvious cant be a bullshit invention cant be an obvious extension of an existing invention ex green pen class example 0 Novel new idea 0 Useful show invention has useful potential 0 Obtaining a Patent 0 Apply for a patent at the US PTO Get about 6000 patents a week 0 Application Requirements Explain how to make your invention Show how your invention is different than the prior art past practices Identify what specifically in your invention you want protected under your patent 0 Issued Patents Enforcement 0 2 Defenses Noninfringement doing something similar but not exactly the same Your patent protects against only the exact same invention Invalidity Bogus patent that should have never been issued a Or it had all ready been done before and the PTO didn t realize that a similar patent already exists or someone did it first 0 Logo or slogan that is associated with a brand 0 Types of Trademarks o Trademarks Some type of logo or slogan that is attached to a physical good Can also trademark sounds intel intro and fragrances 0 Service marks Instead of using it with a good you are using the trademark to depict a service a HBO Netflix 0 Certification Mark Your product is compatible with another company s certifications n Wifi logo energy star 0 Collective Mark Used to show membership in a group n Realtors association NFL logo o enjoys a potentially unlimited protection period 0 But after 6 yrs the trademark owner must notify the PTO that the trademark is still in use 0 Currently every 10 yrs the owner must renew the trademark registration 0 Trademark Enforcement 0 Civil the owner of a trademark can use to stop an infringement of the mark Common defenses n 1 The mark is not distinctive n 2 No chance of confusion by the public a 3 Fair use 0 Criminal gov enforcement against counterfeit products Trademark Dilution prevents use of a similar trademark to dilute the significance reputation or goodwill associated w the more famous trademark o Copyrightable subject matter 0 Fixed in a tangible medium Proof of what you created 0 Original and creative 0 Once you finish those 3 things you automatically have copyright protection 0 Have to register the work before you sue someone for infringing it ned by an individual it 0 Copyright Enforcement 0 Civil Fair use defense a Education parody criticism 0 Criminal Intentionally willfully disregarding copyright law 0 Copyright issues in the Digital Age 0 Digital Millennium Copyright Act Criminalizes illegally ripping a dvd 0 Youtube will take down any illegal media after they are told it exist Contract Law 91915 726 PM Sources of Contract Law 0 Contract legally enforceable promise 0 enables private agreements to be legally enforceable 0 gives people the certainty they need to rely on promises 0 contract law provides flexibility and precision in business deaHngs flexible gt you can agree to literally anything precision gt get another to agree to exactly what you need 0 Contract law has primarily been developed through common law 0 Decisions made by a Judge 0 regulates the sale and lease of real property as well as services such as employment performance contracts or personal services 0 States have also passed statutes regulating certain areas of contract law 0 Uniform Commercial Code Passed by all 50 states o A specific promise and demand Ex offering to buy a car for 5000 Offer money demand car Typically an offer must be of sufficient specificity that the offer could be accepted without any additional terms Must be a legitimate offer An offeror makes an offer to the offeree Then the offeree has the power to accept the offer and create a contract o By Revocation Before offer is accepted the offer is revoked O O O o By provision in the offer Offer expires on a certain day so it cannot be accepted later than that day because the offer is revoked o By rejection of counteroffer Person rejects offer You reject offer and put a new one on the table then the previous offer is terminated o By lapse of a reasonable period of time No stipulation of a deadline in the contract The court decides to much time has passed Ex accepting a contract to buy a house 12 years after the offer was made 0 By deathinsanity of the offeror o By destruction of subject matter Ex contract to buy a car then the car is crashed the night before 0 For illegality If subject matter became illegal before contract accepted the offer is terminated o Entering into a contract by agreeing to an offer 0 Mirror Image Rule The acceptance must be a mirror image of the offer Ex Offer says 5000 cash for car and you accept but say 5000 by check that becomes a counteroffer and the original is terminated 0 Something of value given by both parties to a contract that induces each of them to enter into the agreement Ex Charity doing favors gifts are all things that go without contract Both parties must receive something new 0 Accord and satisfaction Mutual agreement to settle debt at less than full amount owed Ex someone owed you 5000 for a while and you don t expect to get it so you both agree for 3000 now and the 2000 is forgiven o Promissory Estoppel Exception to the rule When a party changes its position substantially in reliance upon another s promise Ex You are promised a new car and you rely so much that you sell your own car in expectation to receive a new one and then you never get it then you CAN go to court A person s ability to be bound by a contract Individuals lacking capacity if one of these three types of people enters a contract they can later disaffirm back out n Minors The contract must be disaffirmed before the minor turns 18 or a reasonable time thereafter Exceptions include necessities of life food clothing shelter education healthcare n Intoxicated people drugs and alcohol included a Mentally Impaired persons elderly mentally chaHenged The contract must not be for an unlawful purpose or contrary to public policy Written vs Oral Contracts o Specifies that the following types of contracts must be and signed Contracts involving interest in land Contracts to pay the debt of another Contracts that cannot be performed within one year of the date of the agreement Contracts for the sale of goods of 500 or more 0 3 Exceptions Part performance of a contract involving an interest in land a Although its not in the written contract the court can still force them to finish as though it were verbally agreed upon Specifically manufactured goods rule a If a company produces a single thing that you are buying statue of yourself then they can force you to finish it because you must have ordered it even though it was not written down Judicial Admission u If both parties admit under oath that they had a contact the court can throw it out o Intentionally deceiving someone about material fact and you reasonably rely on those facts Accidently deceiving someone about material facts Forced or threatened into participating in contract If someone is trying to take advantage of someone else who is easily influenced Ex Lying to grandparents for lions share of will 0 Both parties of contract are mistaken Ex Negotiate for a 2015 Silverado when salesman thinks you are negotiating for a 2013 Silverado O 0 Third Party Rights 0 Third Party Beneficiary Party C gains benefit from a contract between parties A and B o Intended Beneficiaries Party C was supposed to gain from contract Ex Parents A buy car from dealership B for you C o Incidental Beneficiary Impact on Party C was unintentional Ex 9ds A hires a cop B to protect 9ds but by being in the area also protects Jerzees C and Centro C Assignment of Contracts 0 Party C fills in for either party A or B in a contract 0 General rule is any contract can be assigned 0 Contracts that cannot be assigned When contract explicitly prohibits assignment Where the assignment increases the burden on the non signing party Cannot assign contract to someone with unique skills and abilities I Ex Jay Z cannot reassign concert to perform 0 Novation all three parties agree that B is out of the picture and the contract is just between A and C o Compensatory Damages Must pay money after break a contract Mitigation have to try to minimize your replacement cost Liquidated Damages agree upfront in clear language who owes what if contract is broken Avoids a lot of the need for litigation Makes contracts easier to breech Specific Performance The court says you have to do what you agreed to do Pretty rare outcome Used for unique items ex Art land Rescission each side gives back their side of the contract to make it like it never happened Used most often for fraud and misrepresentation Excuses for NonPerformance Impossibility it was somehow impossible for you to complete contract Waiver if you have excused nonperformance yourself after the deadline of the contract Release if you have excused nonperformance yourself before the deadline of the contract Criminal Law 91915 726 PM Criminal Law Background 0 White Collar Crime 0 Business crimes ex Insider trading tax evasion o A crime committed in a business or professional setting to gain some type of personal profit 0 Potential Penalties 0 Fine jail time death court could prohibit you from some activity o Prosecutor must prove beyond a reasonable doubt that you willfully knowingly and intentionally committed the crime 0 Must prove level of intent Premeditated or Reckless Reckless conduct can be considered as intent because you have consciously acted while disregarding the known risks of the activity Ex if you kill someone while driving drunk you did not intend to kill someone when you began driving but you acted recklessly and will still be charged with the criminal act o The actual act of committing the crime Classifications of Criminal Conduct 0 State vs Federal 0 State laws cover common laws Murder MIP traffic violations 0 Federal crimes tend to be more serious Terrorism counterfeiting money crimes across state lines o Felony vs Misdemeanor based on potential jail time o Felony Potentially more than a year jail time o Misdemeanor Less than a year jail time Criminal Procedure 0 When initiating a criminal case there are steps that are followed 0 First you arrest someone by obtaining a warrant for probable cause 0 Then you must decide if the case involves a felony or misdemeanor this will determine whether a grand jury is necessary or if the government can simply file an information Misdemeanor Procedure 0 When initiating a criminal case misdemeanors are initiated by the government filing a charge typically called an information Felony Procedure 0 Use the grand jury to determine if there is enough evidence for indictment 0 Minimum 16 of 23 jurors must show The majority must vote in favor of probable cause to send case to trial Arraignment Judge formally asks if you are guilty not guilty no contest 0 Should plead not guilty initially Guilty admitting to whatever you are being accused of n Waive right to trial and go straight to sentencing Not Guilty disputing whatever you have been accused of No Contest Accepting the charges but not admitting anything wrong a Protects you from civil suits down the road Constitutional Issues 0 Protects against illegal search and seizures 0 Cannot search person premises or property in general without a search warrant 0 Search Warrant Requirement Police must convince the judge there is probable cause There is sufficient evidence that evidence will be found I Must have probable cause Fruit of Poisonous Tree Doctrine Evidence obtained during an illegal search must be disregarded If you consent to the search Once pulled over if cop can prove probable cause they can search without a warrant Can search your person and immediate area within arms reach following an arrest Evidence would likely be destroyed If Evidence is in plain view No actual or reasonable expectation of privacy n Businesses have a lower expectation of privacy You do not have to answer questions that could later be used against you in court Only applies to individual people not businesses Only applies to verbal testimony not physical evidence 0 6th Amendment 0 The 6th amendment contains 6 procedural rights The right to a speedy and public trial The right to a trial by jury The right to be informed of the charges against you The right to confront your accuser n The right to cross examine all witnesses use against you u If a witness testifies against you and you do not ever have a chance to cross examine the witness then that evidence cannot be used against you in trial The right to subpoena witnesses in your favor The right to counsel a You can always hire your own attorney but a court appointed public defender is only required to be provided to you when incarceration is a potential punishment o The Miranda Rule lists all these rights and must be read when you are taken into custody BusinessRelated Crimes intentionally lying to someone to get them to enter into a contract 0 Requirements False Statement something is untrue False Statement must regard a material fact something someone basis their decision on Intent to defraud deceive In Or prove Reckless Indifference not sure and don t check a Good Faith can get you off 0 Types of Fraud Mail and Wire Fraud any type of fraud that is communicated or carried out using electronic means of commerce internet or telephone or any mail service Securities Fraud Fraud involving investments Bankruptcy Fraud when someone conceals information about their assets from the bankruptcy office 0 Obstruction of Justice 0 Anytime you intentionally interfere with a judicial proceeding Ex lying in court manipulating evidence 0 False Statement to a Federal Agency 0 If you lie to a federal agency 0 False Statement to a Bank 0 Lying to a FDIC insured bank Larceny 0 Taking someone else s property with intent to permanently deprive them of it 0 Robbery larceny by violence 0 Burglary breaking into an establishment with intent to commit a felony Racketeer Influenced and Corrupt Organizations Act RICO o If government can show your organization has committed two or more predicate acts in a 10 year period then your organization is guilty under RICO Predicate Acts Gambling prostitution income tax invasion hiring illegal labor insider trading 0 Head of organization is held responsible Endangering Workers 0 The company or management has not done enough to keep workers safe 0 Blatantly repetitively ignore common safety protocol 0 You yourself is not breaking the law but you are associated with someone breaking the law 0 you have joined a group that is planning or has committed a crime 0 Requirements Must satisfy all 4 Police have to show that there was a plan or agreement Each of the defendants had to voluntarily enter the agreement One of the coconspirators had to commit an overt act a You are doing something that is helping with the conspiracy Overt Act is done specifically to further the conspiracy 0 Was not part of the group originally 0 Offer assistance to someone after they have committed the crIme Tort Law 91915 726 PM Tort Law Background Tort any noncriminal wrongful action other than a breach of contract 0 To be an intentional tort must intentionally do something that causes an injury 0 Unintentionally tort is hurting someone that you never intended to hurt 0 Assault and Battery 0 Assault placing another person in immediate apprehension for his or her physical safety Apprehension is the state of being aware that you could be harmed in the near future or being fearful of your safety because of another s actions Ex Pointing a gun 0 Battery the touching of another person without justification or consent The touching does not have to cause physical harm it just has to be unwanted Damages are awarded based on the amount of physical or emotional harm done Intentional Infliction of Emotional Distress o Outrageous intentional conduct carrying a strong probability of causing mental distress 0 Battery to the emotions Invasion of Privacy 0 Misappropriation of a Person s Name or Likeness for commercial purposes without their permission Called the right of publicity You have the right to make money off of your name and image Other people cannot use your name or image for commercial purposes without your permission There are exceptions to this type of invasion of privacy for things like magazines and biographies o Intrusion upon a Person s Physical Solitude Ex Illegal wiretapping and searches of homes would constitute as invasion of privacy 0 Public disclosure of highly objectionable Private Information Does not matter if the information disclosed is true or not Public well know figures cannot claim this as an invasion of privacy because they are already allowing their lives to be public False Imprisonment o The intentional unjustified confinement of a nonconsenting person 0 The person must be detained for an unreasonable period of time in an unreasonable manner Trespass o The entering of another s land without consent or remaining after being asked to leave This is a harm to ones sense of privacy or private property The intent is that you intended to enter the land or property Conversion 0 The wrongful exercise of power and control over someone else s personal property Ex Stealing or larceny is like conversion but conversion is broader Innocently purchasing stolen goods is conversion The publication of untrue statements of fact about another leading to the damage of the person s character or reputation o The statement must be untrue however the burden of proof is on the defendant to prove that the statement is true if that is their defense 0 The statement must be a fact not an opinion 0 Slander Spoken oral defamation o Libel defamation written or broadcasted on TV or radio Heavier damages when charged 0 Defenses Prove the statement is true Can plead Privileged Communication any type of statement made to the police witness stand or in court 0 Business Torts o lie about product quality or safety of a competitors product 0 Intentional Interference with Contractual Regulations In a contract A can sue B for breech of contract a C causes B to break contract a A can sue C Used when B doesn t have enough money to make A happy C must know about A and Bs contract and knows that it will breech that contract Unintentional Torts Failed to use reasonable protection from an injury 0 Did not do enough to protect a Only in certain relationships I a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others a Ex Land owners doctors professionals to clients drivers I Must use reasonable care to protect someone from injury a Ex Warn guests of pot hole in back yard I Did the breach actually cause the injury or not I Was this injury reasonably foreseeable n Someone has to get hurt a No injury no negligence Defenses o ContributoryComparative Negligence The victim was irresponsible themselves and could have done a betterjob preventing injury Today the jury uses a balance test a How much blame is assigned to each party 0 Assumption of Risk Aware of the risks beforehand so cannot sue if you get hurt By Agreement a Informed of the dangers and still agree to participate 0 Ex Liability waivers Implied by the Circumstances n The danger is obvious so by participating you assume risk 0 Ex NASCAR racing A company is responsible no matter what happens Strict Products Liability 0 If you are the manufacturer distributer or seller of a defective product you are automatically responsible anytime someone gets injured while using the product 0 Product has to be defective Types of Defects 0 Production Defect One of the many is defective 0 Design Defect the entire product line is defective or dangerous Defenses o Contributory Negligence is not a defense 0 Assumption of the risk use it anyway 0 Misuse Using the product in a way not intended Abnormally Dangerous Activities 0 Requirement Activity must involve a high degree of risk that could result in serious harm No matter how carful you are the injury cannot be completely guarded against An activity that is not commonly performed in the area Tort Damages Compensatory Damages o How much did this cost the victim Physical monetary lost wages pain medical bills etc Punitive Damages 0 Make wrongdoer pay more simply to punish them Intentional Torts Willful and Wanton Negligence Did something so irresponsible you have to be punished n Ex Exxon let drunk driver pilot oil tanker which crashed and spilt in Alaska 91915 726 PM Factors to Consider 0 Ease of Creation how hardeasycheapexpensive it is to set up the business 0 Some just start doing business others have to go through government regulations Managerial Control how much control and involvement over day to day operations do owners have 0 Continuity what happens to the legal business entity as new owners come and go o Dissolution with a new owner legal entity ends and a new one begins 0 Liability are the owners personally liable for the debts of the business or not 0 Limited Liability owners are not responsible Taxation different business entities are taxed in different ways 0 Single or double taxed 0 Single Owner 0 Can be small things like a garage sale or babysitting this is the default business entity for a single owner 0 Ease of Creation extremely easy to create just start doing business 0 Might need to register name of the business with the government Managerial Control 0 Total Control of the business 0 Continuity these businesses do dissolve with a change in ownership 0 The sole proprietorship ends with one owner and the new owner comes in with a legally new business entity 0 Transfer contracts close and open new bank accounts 0 Liability the owner is personally liable for anything that goes wrong in the business think about the riskiness of the business 0 Taxation single taxed all profits are considered the owner s personal income 0 Only fill out one tax return for you and the business 0 Two or more owners 0 Default entity for two or more owners does not have to be an even allocation of profits and losses 0 Partnership agreement optional but smart owners can figure everything out before beginning the business managerial control allocation of profits and loses default for everything is equally split between the owners 0 Ease of Creation easy to create no formal paperwork o Might have to register fictitious names of the business Managerial Control split between owners 0 Determined in the partnership agreement 0 Continuity Whenever any partner comes or goes the original partnership is dissolved and a new one must be created unless it is specified in the partnership agreement 0 Have a buy and sell agreement if a partner decides to leave 0 Figure everything out in the partnership agreement in the beginning o 0 Must really trust your partners because they could screw you over by racking up debt through the business and you have to pay for it Taxation Single taxed o All profits are going to be taxed as personal income 0 Could be split between the partners Is its own separate legal entity pays its own taxes has its own rights 0 Ease of Creation most expensive and time consuming to set up and maintain 0 Needs government approval 0 Must register in a particular state 0 Article of Incorporation 0 Contains a lot of basic information about the proposed corporation Unique name and some indication in the name to say it is a corporation 0 Include any trademarks purpose of the business who is behind the business and how much stock is included Domestic corporation in the state that the corporation is registered must register to do business in other states foreign corporation Managerial Control 0 Shareholders Publiclyheld vs Closelyheld o Publicly held This is a corporation publicly traded company so there is a massive amount of stock out Nearly impossible to own a majority share of the stock 10 Is a lot of power in the vote 0 Closely Held simply means it is not publicly traded on the stock exchange Generally there is less stock in circulation and allows for the founder to maintain more power if she so chooses and she has the flexibility to do less 0 Directors 0 The board of directors is detached from the day to day management of the company They hire the officers CEO and CFO Officers 0 Appointed by the board of directors and run the day to day operations of the company the officer or director of a corporation has to make intelligent reasonable decisions on behalf of the company a Officers must act in the best financial interest of the corporation The best interest of the company over your best interest Derivative Lawsuit 0 Business Judgment rule if you make decisions based on good faith reasonable care and acting in the co best interest you cant be fired 0 Also are protected from shifts in the economy 0 Continuity Corporation has continuity 0 Liability 0 The owners of the corporation are not liable to debts of the corporation 0 Shareholders are also protected The worst that could happen is they lose out on their investment 0 Taxation o Corporations may be taxed twice because the corporation in and of itself has to file taxes both federal and state Then the corp distributes a portion of the profits to the shareholders via a dividend that is subject to taxes again in the form of capital gains 0 Some of the partners can be limited liability partners 0 Detached from the day to day decision making of the company 0 Invest and stay out of the way too much involvement and the court could say you are acting as a general partner and hold you accountable 0 Must be registered with the government 0 Must be registered with the government 0 May not be more than 100 shareholders and all of the shareholders have to be individual humans not another corp Acts like a partnership has the favorable tax treatment but it has the corp advantage of limited liability o Susceptible to piercing of the corporate veil 0 Has a limited liability advantage of the corp without the membership limitations of an scorp o All the tax advantages of a traditional partnership 0 Must be registered with the state 0 Main limitation is that if there is any desire or plan to take the company public it would be better to go with a traditional corp as they are the only ones that can be publicly traded Securities Regulation 91915 726 PM What is a Security 0 Regulation of investment Activity 0 Usually in the form of stock 0 In order to be a security the following three must ALL be true 0 Investment in a common business activity 0 Investment with a reasonable expectation of profit 0 The profits being made are earned by someone else other than the investor themselves 0 Waiting Period The waiting period is usually a 20 day period where the government is able to review the documents that have been filed with the SEC During this time issuers can talk to investors but they can not make any deals or exchanges o Posteffective Period This is the period when securities can be sold Follows the 20 day waiting period 0 Liability 0 Criminal When you intentionally lie about a security to get an investor to buy your security a Fine up to 10000 a 5 Years in Prison n Or both 0 Civil Accidently or unintentionally lie about the security Make a false statement that you should have known but didn t Usually the investor sues to get the money they invested in the security back Defenses n Materiality the false statement made must have been a material fact It must have made a difference to the person making the investment I Statute of Limitations a person only has one year to file a lawsuit from the time they find out about the fraud or false statement a Due Diligence An issuer may try to use this defense when they can prove that they thought everything within the security was right because they were truly told so and based info off what other people said were true 0 Once that security is out in the public what are the continuing obligations of that security considering retail 0 Rules o If you plan on selling the security on a national exchange you must be registered by the SEC 0 The issuer of a security has to provide periodic updates regarding the state of investment Annual Report 10K Report Lying in a periodic report is fraud Insider Transactions 0 Any officer director or 10 or more shareholder of the corporation 0 Have special legal obligations Once you become an insider you have to inform the SEC Anytime you buy or sell your own company s stock you have to notify the SEC within 2 business days 0 Short Swing Profit Rule As an insider of the cooperation it is illegal to buy or sell your own companies stock for a profit within a 6 month period No jail time may just have to forfeit profits When is it illegal to trade based on information known only within a corporation Applies to all employees and potential non employees of the company a In general it is illegal to make stock trades on information not known outside the company Can apply to outsiders of the company a An employee shares confidential information outside the company a Can be a few degrees removed a The person giving you the information gets a personal benefit in exchange for the information 0 Money 0 Friend of the corporation Can go to jail potentially and pay up to 3 times the profit 0 SarbanesOxley Act of 2002 Revitalization of the SEC Accounting Reforms O O 0 Created PCAOB government office set up to regulate large accounting firms Cannot give accounting and consulting services to the same firm Does not address marktomarketing accounting Corporate Governance Internal Auditing Committee a Every publicly traded company had to create an internal auditing committee a Totally removed from the management of the company Financial Statements and Controls CEO and CFO of every company have to personally sign off on quarterly financial reports If a company revises an earlier statement any bonuses have to be paid back during that time frame Securities Fraud Increase the potential punishment for securities fraud Provides protection for whistleblowers in hopes that there will be more cooperation with the gov to get more info about unethical business practices AntiTrust 91915 726 PM What is Antitrust Law 0 Other countries call it competition law 0 Rules to make sure that companies do compete with one another and that consumers get full benefits of the free market 0 Legislation 0 Sherman Act of 1890 Different sections of the economy were controlled by one company Monopolies Loopholes developed 0 Clayton Act of 1914 Fixed Loopholes 0 Liability 0 Criminal 0 Civil Once you have been criminally prosecuted customers can sue at damages tripled 0 Section one prevents coordination or agreements between two or more companies that are conspiring to hurt consumers 0 Example is Price Fixing Can be caught from whistleblowers angry consumers o Territory Allocation Agreements 0 Standards of Rule Per se Illegality automatically illegal I Once proven you have entered into a price fixing agreement you are automatically found guilty Rule of Reason balancing test a Look at facts of particular test and weigh good of the decision from the bad through the perspective of the consumer 0 Types of Section One Cases Horizontal Agreements n Agreements between direct competitors Vertical Agreements n Agreements between suppliers retailers n Vertical Price Fixing 0 Section two prevents monopolies of one company 0 Monopoly Power in a Relevant Market Do you actually have a monopoly or not Barriers to entry how hard it is to enter the market 0 Exclusionary Conduct you have acquired or maintained a monopoly by illegally driving or keeping competitors out of the market 91915 726 PM Types of Employment Relationships EmployerEmployee EmployerIndependent Contractor 0 Someone who is usually hired to complete a specific task 0 More for temporary taskbytask laws 0 Factors Differentiating Employees and Independent Contractors How much controlsupervision does the employer exercise over the worker Is what you do different or similar to that of the employer n the more closely related more likely you are employee What is the period of employment I Is it to complete a task or is it job specific How are you paid Regular pay schedule How much of the work is done under the employers direct control What kind of equipment is needed to complete the job and who is supplying the tools How specialized is the work being done Tort Liability 0 Employees 0 Employer is going to be held responsible for incidents that happen within the scope of employment 0 Can be applied out of work hours while under the scope of employment Frolic and Detour n An exception to liability is when an employee gets hurt doing something without employers consent on company time 0 Independent Contractors 0 Independent Contractors are typically responsible for themselves 0 Inherently Dangerous Activities If you are hiring an independent contractor to do an inherently dangerous task you are still held responsible under strict liability You cannot use an independent contractor to skirt your liability o Negligentlyhired Independent Contractors Putting people in danger by hiring a contractor that is in way over his head Ex hiring a security guard and not doing a background check Contract Liability 0 Agency relationships always have two parties 0 The principal and the agent 0 Generally the agency is a company and it hires an agent to enter into contracts with other people 0 Ex An agent of Kroger completing a transaction with a customer for to sell them groceries 0 Authority 0 The principal gives the agent authority 0 Actual Authority The principle specifically tells the agent to do something He specifically grants you authority to act on his behalf 0 Implied Authority If you are hired to represent me and I give you something to do you have the implied authority to do your job even if not specifically stated 0 Apparent Authority You do not have any applied or actual authority to act on my behalf but I do something to give public the impression that you have authority to work on my behaW Ex You fire someone and customers not knowing sign a contract with that apparent authority and binding you to that contract I Have to notify clients when someone no longer has authority to act on your behalf to be safe 0 Agency by Ratification Occurs when a principal voluntarily decides to honor an agreement which otherwise would not be binding due to an agent s lack of authority 0 Disclosure of Principal O 0 Does the person know who you re going into contract with Is it known you are dealing with an agent Fully Disclosed Partially Disclosed You know that you are working with an agent but not really who that agent works for Undisclosed Don t know that you are working with an agent I Also do not know who the principle is 0 Contract Liability Scenarios O The Authority of the agent will determine the liability of the principle If the agent has authority either of the kinds the principle will be held liable and the disclosure will determine the liability of the agent Disclosed Principal Agent has Actual or Implied Authority In this case the disclosed principle is liable for the contract and you liable to the principle Disclosed Principal Agent has Apparent Authority In this case both the agent and the principle are held liable The principle is contractually liable to you and you to it but the agent is liable to the principle Disclosed Principal Agent has No Authority The principle has no liability here the agent is liable to u unless the principle decides to honor that contract PartiallyDisclosed Principal Agent has Actual or Implied Authority The principle is liable if you discover who they are but the agent is also liable to you PartiallyDisclosed Principal Agent has No Authority The agent is liable to you They had no authority 0 Undisclosed Principal Regardless of Authority The principle is only liable and obligated to this contract if the principle steps out to try and enforce the contract or you discover who the principle is a You can sue but in all other scenarios the agent is liable Duties of Agents and Principals 0 Agents are the people that get the work done 0 A Principal interacts with someone or some organizationfor the purpose of obtaining that second party s assistance The second party is the agent 0 Principals hire agents to do tasks and represent them in transactions Agent s Responsibilities 0 Duty of Loyalty The agent has to do what is in the principals best interest 0 Duty of Obedience Must follow any reasonable instructions by the principle 0 Duty of Care Principal s Responsibilities 0 Compensation 0 Indemnification The principle owes this in covering the expenses incurred Termination of the Agency Relationship 0 Either side can end the relationship if 0 Voluntarily terminated o Lapse of time for contract if granting agency constrained a certain time frame and after that period the relationship has ended o If the purpose of that agency is completed 0 If the principle goes bankrupt Employment Law Types of Employment 0 Employmentatwill Can generally be fired or can leave at any time Can not fire an atwill employee for n A public service Jury duty army reserve a If you exercise statutory rights a Whistleblowing Employment for a definite period of time Fixed term 0 Going to be employed for a definite period of time 0 Cannot accept another job offer under a current contract Fair Labor Standards Act 0 Basic Protections for Minimum Wage 0 Federal Law so sets minimum wage state wide Are lots of minimum wage exceptions 0 Free internships are only allowed if considered strictly educa onal If you are an asset or help the company in any way you are entitled to minimum wage WARN Worker Adjustment and Retraining Notification Act 0 Need to provide advance notice if plan on laying off employees 0 100 employees required 0 Provide 60 day notice for Plant Closing shutting down one location costing 50 or more jobs Mass Layoff company layoffs affecting 500 or more OR 33 of staff 0 Penalties include 60 days back pay and 500 fines per day Family Medical Leave Act 0 Up to 12 Weeks of unpaid leave in any 12 month period of time Government Required Minimum can have perks o 3 Categories Giving Birth or adopting Child a Can apply to Mother or Father Taking care of an immediate family member with a serious medical condition Your own serious medical condition 0 Applies to businesses with 50 employees Have to have worked already for 12 months 91915 726 PM Civil Rights Act of 1964 0 Gets rid of segregation as a whole we are only focusing on employment aspect of it o Prohibited Forms of Discrimination 0 Race 0 Color 0 Religion 0 Gender Just for Gender not for sexual orientation 0 National Origin Prohibited Discriminatory Acts 0 Cannot Refuse to hire someone o Firing a current employee for one of the above reasons 0 Compensation Differences 0 Any other terms or privileges of employment Applies to businesses with 15 employees 0 Enforcement EEOC Equal Employment Opportunity Commission 0 Report discrimination so that the government can investigate your case 0 If proven EEOC takes case on your behalf legal charges included Must first try to settle outside of court If no settlement made go to court 0 Types of Cases Under the Civil Rights Act 0 Disparate Treatment Intentionally discrimination based on 5 prohibited forms of discrimination Bona Fide Occupational Qualification BFOQ a Only applies to Gender Religion or National Origin a Defense is that Gender Religion or National origin is essential to the job 0 Disparate Impact Not discretely clear you are discrimination based on race religion color or origin u must be above 6ft tail to work herequot favors a male staff Business Necessity Defense Can discriminate if necessary for the position 0 Retaliation You have been punished because of your participation in a discrimination case a Changing shifts pay office etc Potentially Challengeable Employment Practices 0 Testing and Educational Requirements Employer must prove the test is a business necessity Height and Weight Requirements Appearance Requirements and Other Religious issues Appearance Requirements Muslim man wants to have a beard in a place of work that does not allow facial hair Can Employer make a Reasonable Accommodation for the religious belief Englishspeaking requirements More inclined to discriminate against national origin 0 Affirmative Action Try to increase diversity Genderbased Issues 0 Sexual Harassment o If an employee malefemale feels uncomfortable in the workplace due to sexual actions of another employee 0 Quid pro quo something for something Ex I will fire you unless you have sex with me o Hostile work environment A work environment becomes sexually charged and makes it difficult for employees to work Ex Crude jokes males propositioning females while on the job groping touching Must be severe and frequent enough to affect working environment 0 Pregnancy Discrimination o It is illegal to discriminate against female employees who are pregnant or may one day become pregnant 0 O O 0 Not allowed to force female worker to stop coming to the office 0 Equal Pay Act 0 It is illegal to give men more pay than female if they are in the equivalent job If one is being paid more than the other regardless of experience this is a violation 0 Age Discrimination in employment act 0 40 years and older illegal to have a mandatory retirement age Disparate Treatment n The employer intentionally discriminated against the plaintiff Disparate Impact n The plaintiff must prove that the employers practices or policies had a discriminatory effect on a group protected 0 Americans with Disabilities Act 0 A disability is defined as something that substantially limits one life activity Cannot last six months or less 0 Applies to businesses with 15 or more employees Generally it s illegal to discriminate based on disability someone currently disabled or someone who used to have a disability Reasonable Accommodations


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