QUESTIONS AND ANSWERS SURE A+
✔✔The Law: An Introduction - ✔✔The Constitution created the federal government,
gave the federal government certain powers, and required that all subsequently enacted
federal and state laws comply with the Constitution.
States' Rights: All power and authority not given to the federal government is reserved
by the states. As a result, each state has its own Constitution. State constitutions create
the state government and give the state government all powers and authority not given
to the federal government.
A court system is needed to interpret and apply the law to the unique facts in the
disputes that inevitably arise.
Administrative agencies act as "expert" regulatory bodies and hold legislative, judicial
and executive power, similar to the federal government.
✔✔Civil Liability: Tort Law - ✔✔Civil law in the United States is that vast collection of
statutory and common law that deals with private rights and remedies.
A tort is a willful or negligent wrong done to one person by another.
Burden of Proof
At a civil trial, plaintiffs have the burden to prove each and every element of a civil case
by a preponderance of the evidence (i.e., that all required elements are "more likely
than not," or that they meet a "more than a 50 percent" standard of certainty).
Intentional torts v. negligent torts
✔✔The Four Elements of a Tort - ✔✔Duty to another: To act or not act
Look at laws, practices and common sense to determine whether a duty exists.
Breach of duty: Failure to fulfill the duty, either directly or indirectly.
Cause: Proximate or foreseeable
Cause in fact
Proximate (reasonably foreseeable) cause
Damage: To another person or the property of another person.
Nominal damages
,Compensatory (actual) damages
Punitive (exemplary) damages
✔✔Vicarious Liability - ✔✔Vicarious Liability: Others may also be found liable — even if
they have not participated or were present at the time of the injury.
Respondeat superior
"the master answers for the acts of the servant"
Whether the officer's actions were directly or indirectly of intended benefit to the
employer. Even if the benefit is slight, liability can attach.
Negligent supervision
Negligent hiring, negligent training, negligent retention
✔✔Legal Issues in Managing Employees - ✔✔Employment at-will gave employees and
employers the right to end the employment relationship at any time, with or without
cause and with or without notice.
Exception to "at will" employment:
Wrongful discharge: an employment termination that violates common law principles or
statutory law.
✔✔Role of Good Documentation Regarding Employees - ✔✔Supervisors should
maintain good documentation regarding employees, which may later become useful in a
legal dispute.
Value of Documentation on Employees
Creates a history
Aids memory
Reveals patterns or changes in patterns (i.e., yo-yo behavior)
Allows analysis and makes concrete the employer's thoughts and concerns
Encourages continuation of positive behaviors
Causes behavior modification of negative behavior
Lends credibility to employer version of events
, Proves the employer's case in a trial, hearing, or arbitration
Investigating
In a legal dispute, documentation of the disciplinary process provides powerful evidence
for the employer. It shows the employer acted reasonably and the employee was
treated fairly.
Document both good and bad performance and behavior.
The overall purpose of good documentation and discipline is to bring about a change in
behavior or an improvement in employee performance.
✔✔Discrimination - ✔✔Liability for illegal discrimination occurs when one makes (or
even seems to have a predisposition to make) job-related decisions based on the
following:
Age
Race
National origin
Religion
Gender
Marital status
Veteran status
Physical disability
Sexual orientation (in some
jurisdictions
✔✔Discrimination - ✔✔Sexual Harassment
Expanded to include the definition of sexual harassment to prohibit "hostile work
environments" present when on-the-job behavior (or even an off-the-job act such as at
an informal gathering of employees) is such that a reasonable man or woman would
consider such behavior offensive.
Americans with Disabilities Act of 1990