A 95-kg halfback moving at 4.1 m/s on an apparent breakaway for a touchdown is tackled from behind. When he was tackled by an 85-kg cornerback running at 5.5 m/s in the same direction, what was their mutual speed immediately after the tackle?
BLAW 2080 TEST 3/FINAL EXAM FS 2015 STUDY GUIDE 40% questions on employment law 40% questions on tort law 20% on Intellectual Property TORTS Tort: A civil wrong/act that inquires a person, their property, economic interests, or personal interests Tortfeasor is the term for a person who commits a tort. a.True b.False Intentional torts: Assault & battery, false imprisonment, intentional infliction of emotional distress, and defamation 1. Assault and Battery: a. Assault: Intentional, unexcused act that creates a fear of immediate harmful contact (no contact necessary) b. Battery: Completion of the assault, intentional or unexcused, harmful, physical contact. (Plaintiff may be compensated for physical & emotional harm) 2. False Imprisonment-‐ Intentional confinement or restraint of another person’s activities without justification (Merchants can detain customers if probable cause) 3. Intentional Infliction of Emotional Distress: Intentional act that is outrageous that results in severe emotional distress in another (courts require some physical symptom/illness) 4. Defamation-‐ Wrongfully hurting a person’s good reputation, must be fact a. Breaching this duty is slander b. Breaching it in print/media is libel: Cost lots of money c. Publication Requirement-‐ Communication to a 3 Party rd Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for a. assault and battery. b. assault but not battery. c. battery but not assault. d. neither assault nor battery. Conversion: Wrongful possession or use of personal property without permission Jaqy distributes a handbill among her neighbors accusing one of them—Ked—of being a convicted sex offender. The statement is defamatory only if a. a neighbor repeats it. b. Ked suffers emotional distress. c. the statement is true. d. the statement is false. Negligence: Tortfeasor doesn’t intend the consequences of the act but creates foreseeable risk of injury (to person or property) Four Step Analysis: 1. Duty: Defendant owed plaintiff a duty of care 2. Breach: Defendant breached that duty 3. Causation: Defendant’s breach caused the injury a. Causation in fact: “but for” test b. Proximate cause test: Used by judges to limit liability of defendants i. Act is proximate (legal) cause of the injury when the casual connection between the act and injury is strong enough to impose liability 4. Damages: Plaintiff suffered injury Professional negligence – malpractice: When professionals breach their duty Reasonable Person Standard: Foreseeable risk where a reasonable preson would anticipate and guard against it Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As aprofessional, Sam is held to the same standard of care as a. ordinary persons. b. other engineers. c. other professionals, including doctors, dentists, and lawyers. d. those injured in the collapse of the bridge. DAMAGES Special/General Damages: Total compensation that can get a personal injury claim Compensatory/Punitive Damages: Reserved for intentional torts and gross negligence DEFENSES to negligence Assumption of risk: Can be expressed or implied -‐Express: Written agreement between plaintiff and defendant -‐Implied: Plaintiff knowingly participates in something that might cause injury Contributory and comparative negligence: If Plaintiff in any way caused injury, they can’t recover damages (comparative measures P & D’s liability) Products liability: Liability without fault; if product is defective, company is liable Defective product causes injury – no proof of negligence or intentional conduct EMPLOYMENT LAW At-‐Will Employment :Serve at-‐will of employer; employer has right to terminate relationship at anytime At-‐Will Exceptions • Employees of the state/city: Governed by civil service rules • Employees with individual contracts: Highly compensated executives • Union Employees with Union Contracts: Reps have collective bargaining agreement, which contains “just clause” that says ER must have a good reason to terminate that employee. Agency: Principle and Agent; two party relationship where one party acts for other; agency serves as important social function; increases commercial activity • Agency is a “fiduciary” relationship based on trust and confidence Agent’s Duties to the Principle 1. Loyalty: Duty as fiduciary (no conflict of interest) o May not compete with principle or disclose confidential information 2. Notification: All matters concerning subject matter of agency go to principle Obedience 3. Act with Care and Skill Principle’s Duties to the Agent 1. Compensation (expressed/implied) 2. Reimbursement & Indemnification 3. Cooperation 4. Safe Working Conditions Doctrine of Respondeat Superior: Employer is liable for employee’s negligent torts committed within agent’s “course and scope” of employment. TITLE VII of the Cvil Rights Act of 1964: Prohibits discrimination based on race, religion, national origin, and gender/sex. No protection under T7 based on sexual orientation All employers in the United States are subject to federal employment discrimination laws. a. True b. False TITLE VII PROOF: T7 plaintiffs are permitted to prove discrimination by indirect or circumstantial evidence – generally this means establishing that member of protected class treated differently than employees outside of protected class This fact pattern applies to the next two questions: J works for Butler Warehouse Company. J is the only African-‐American on the work crew. The white crew members often tell jokes and play minor pranks on each other. When J attempts a prank, the supervisor fires him saying that “we don’t tolerate horseplay at Butler.” 14. If J challenges the discharge on the ground of discrimination, to establish a prima facie case, he must show that: a. He is a member of a protected class and was qualified for the job. b. The misconduct he engaged in was nearly identical to that engaged in by an employee who was not a member of the protected class and who was not fired. c. There was a legitimate nondiscriminatory reason for the discharge. d. Both (a) and (b). 15. Assuming that J can establish a prima facie case of discrimination against Butler, Butler can defend itself by showing that: a. J is a member of a protected class and was qualified for the job. b. The misconduct J engaged in was nearly identical to that engaged in by an employee who was not a member of the protected class and who was not fired. c. There was a legitimate nondiscriminatory reason for the discharge. d. Both (a) and (b). Reinstatement and hiring. • If the plaintiff was discharged unlawfully, the court may order her to be reinstated, with no loss of seniority. • If the employer unlawfully refused to hire her, the court may order that she be hired, and credited with the seniority she would have earned if she had been hired earlier. • If there truly is no vacancy, then the court will order "front pay" instead of reinstatement or hiring. The amount of front pay will be based on an estimate of how much she would have earned in the future • Back pay. The court will order payment of back pay from the date of discrimination to the date of the court judgment. • Compensatory damages are available in cases arising under Title VII (race, sex, national origin, religion) and the Americans with Disabilities Act (ADA), but not the Age Discrimination in Employment Act (ADEA). • Attorney fees. A prevailing plaintiff can recover attorney fees under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Hostile Work Environment: Workplace is poisoned by gender-‐based inappropriate conduct that causes employee to be less productive -‐This is the most common claim, conduct doesn’t need to be tangible job benefit, or just the supervisor, can be customer, co-‐worker, etc. Quid Pro Quo (“this for that”): Job benefits in exchange for sexual favors -‐Supervisor offers benefits OR threatens adverse action if EE doesn’t comply with request for sexual favors Key points: Involve supervisor, if proven, ER is liable for supervisor’s conduct, evidence of other similar behavior by this same supervisor is acceptable Conduct that can give rise to HWE: sexual gestures, asking about sexual history, referring to women as baby etc, unwanted pressure for dates, physical conduct, sexual jokes, attempted rape. Burden of proof: Must prove they are a protected class, it was unwanted, it was sufficiently severe/pervasive to create a hostile work environment Courts: Look at frequency and severity of conduct, if conduct is physically or psychologically threatening, and if conduct unreasonably interferes with employee’s work performance . How to minimize exposure to SH claims: Love-‐Contract: For small company, when supervisor and employee date, company protects itself by making both parties enter into this contract Vicarious Liability for Hostile Environment: under respondeat superior -‐ employers can be liable for sexual harassment in the workplace. ADEA (age discrimination): Protects employees over the age of 40 from workplace discrimination -‐Must prove that age was the ONLY reason for the adverse employment decision. OWBPA: Requires that employers give employees something of value in exchange for release of claims, agreement must be in writing, give time to consider, and advise EE’s they can get lawyer. ADA (Americans with Disability Act): Refrain from discriminating from employees with disability and to offer reasonable accommodation that wouldn’t cause undue hardship to the business BFOQ: Discrimination can be legal if employer proves that being a member of a protected class is essential to the job Retaliation FMLA Who entitled to receive FMLA leave – under what circumstances – what does it provide Worker’s compensation 16. The federal Fair Labor Standards Act (FLSA), does not regulate a. minimum wage b. overtime pay c. employment discrimination d. child labor Intellectual property Trade Secret: Formula, device, methods, technique, or process that derives independent economic value from not be attainable by proper means and is subject to efforts to maintain the secret. 30. A list of customers cannot be a trade secret. Trademarks: Distictive word, name, motto, or symbol that a manufacturer prints or fixates towards the goods it produces or associates with the service it provides • Federal Trademark registration lasts 10 years BUT must be renewed. 20. Coach, Inc. has sued Vesun Fashions in Chicago for selling counterfeit Coach goods. If Vesun’s conduct is likely to cause confusion in the mind of the consumer as to the source of the goods, then Coach would have an action for: a. trademark infringement b. copyright infringement c. patent infringement Copyright 23. Copyright protection is automatic—registration is not required. 20. In 2010, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara’s work is protected a. for ten years. b. for twenty years. c. for the life of the author plus seventy years. d. forever. 17. A license permits the use of intellectual property for certain limited purposes. Patents: Must be unique, useful, non-‐obvious, disclosed How long do they last : Whoever invented it, gets a monopoly for 20 years from the date patent application was filed. What rights do they give inventors: They get control the manufacture, sale, or use of invention