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Flashcards of vocabulary terms and definitions from a lecture.
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Federal WARN Act
Requires the government to give sixty days notice before a mass layoff of 100 people or more.
Punitive Damages
Damages that are meant to punish the defendant.
Compensatory Damages
Damages awarded to compensate the plaintiff for their losses.
Beyond a Reasonable Doubt
The legal standard required to obtain a conviction in criminal court, meaning there is no reason to doubt the evidence.
Probable Cause
A substantial likelihood that a crime was committed or may have been committed. This is necessary to arrest someone.
Preponderance of the Evidence
Applies in civil law, meaning more likely than not.
Racketeer Influenced and Corrupt Organizations (RICO)
A federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal enterprise.
Due Care
The level of care and consideration a manufacturer exercises when selecting materials, inspecting components, and assembling a product.
Duty of Care
A heightened relationship and standard owed to someone, such as parent/child, teacher/student, or doctor/patient.
Code of Conduct
Company's policies that are not law but are binding, and employees are required to follow them.
Fiduciary Duties
Duties of care, good faith, and loyalty. A person will not be held liable for breaching these duties if they make an honest error.
Family and Medical Leave Act (FMLA)
A federal law that requires employers with 50 or more employees to provide eligible employees with unpaid, job-protected leave for specified family and medical reasons.
Fraudulent Misrepresentation
A tort that allows a buyer to sue the seller if they buy a material item that the buyer relies upon to buy that item or property.
Trespass to Land
A tort committed if a person causes water to back up onto the property of another without permission.
Employment at Will
An employment doctrine stating that you can be fired or quit for no reason, a good reason, or a bad reason. There are exemptions based on public policy.
Defamation
The act of making statements that injure another's reputation.
Slander
Spoken defamation.
Bylaws
Outlines the employment rights of shareholders and the board of directors.
Employment Contracts
Outlines the employment rights of officers of a corporation.
Sole Proprietorship
A business that can begin operating without creating a separate business organization.
Stare Decisis
The legal principle under which judges follow established precedent.
Jurisdiction
That each court is able to apply law in this geographic area.
Trade Secrets
Pricing information, customer lists, and marketing techniques are all protected under this type of intellectual property.
Social Responsibility
This theory states that corporate management should consider how an action affects their officers, shareholders, suppliers, customers, and community.
Fruit of the Poisonous Tree
Evidence that is found to be illegally obtained and cannot be used in trial.
Good Samaritan Statutes
Statutes passed to protect physicians and medical personnel in emergency situations.
Comparative Negligence
A defense that can be raised when the person suing is also at fault.