OBJECTIVE ASSESSMENT (OA) LATEST
STUDY GUIDE 2026 | PRACTICE
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, precedent controlling rule, example or guide which provides framework for other judges to
follow
stare decisis the doctrine of a court following precedent of an earlier court
constitution supreme law of the land
judicial review power of courts to determine if law follows constitution
supremacy clause constitution, federal law, federal regulations are highest laws of land
agency contract relationship between principal and agent whereby principal authorizes
agent to work on his or her behalf
tort civil wrong which causes someone harm
vicarious liability form of secondary liability that comes from respondeat superior
respondeat superior employer is responsible for employee actions performed within scope of
employment
scope of employment Employee conduct that is reasonably relative to a job description.
frolic and detour employees physical departure from job for his/her best interest and not
employers (running personal errands on the way to a work meeting)
going and coming rule removes employer from acts or omissions of employees on the way to work
dual purpose mission Occurs when an employee conducts personal and work business at the same time
independent contractor person who is not subject to wage, discrimination, tax and liability laws
common law agency test test used to determine employee status, employer maintains right to control
method of work performed (work hours, dress code, billing processes)
economic realities test worker is an employee if he is substantially economically dependent on employer
IRS 20-factor analysis A list of 20 factors to which the IRS looks to determine whether someone is an
employee or an independent contractor. (instructions, training, integration,
services rendered personally, hiring assistants etc)
integrated enterprise operations of two or more employers are so intertwined that they can be
considered a single employer