TEST BANK For Employment Law for Business, 10th Edition by
Dawn Bennett-Alexander, Verified Chapters 1 - 16, Complete
Newest Version
law reporter - ANSWER: Books in which judges' case decisions are kept for later
retrieval by lawyers, law students, judges, and others.
stare decisis - ANSWER: System of using legal precedent.
federal courts - ANSWER: Consists of trial courts, Courts of Appeal, and the U.S.
Supreme Court.
trial court - ANSWER: U.S. District court for a particular district.
courts of appeal - ANSWER: U.S. Circuit court for a particular circuit.
plaintiff - ANSWER: suing party at the district court level
defendant - ANSWER: party being sued at the district court level
appellant - ANSWER: party who appealed the case to the court of appeals
appellee - ANSWER: opposing party in case at the court of appeals level
petitioner - ANSWER: party who appealed the case to the U.S. Supreme Court
respondent - ANSWER: opposing party in case at the U.S. Supreme Court level
case citation - ANSWER: means by which the full case can be located in a law
reporter (i.e., LEXIS/NEXIS or Westlaw)
motion to dismiss - ANSWER: defendant thinks there is not enough evidence to
constitute a violation of law; either granted or denied by the court
motion for summary judgement - ANSWER: request that the court take a look at the
documentary information submitted by the parties and make a judgement based on
that; (alleges there is no issue to be determined by a jury)
remand - ANSWER: Order by the court of appeals to the lower court telling it to take
a case back and do additional work (based on the court's decision to reverse)
per curiam - ANSWER: brief decision by the court of appeals
, independent contractor - ANSWER: generally, a person who contracts with a
principal to perform a task according to her or his own methods, and who is not
under the principal's control regarding the physical details of the work.
employee - ANSWER: the agent of the employer/principal
vicarious liability - ANSWER: the imposition of liability on one party for the wrongs of
another. Liability may extend from an employee to the employer on this basis if
employee is acting within the scope of employment at the time that liability arose.
common-law agency test - ANSWER: A test used to determine employee status;
though it considers several factors, the most critical is whether the employer has the
right or ability to control the work. (exercised or not)
IRS 20-factor Analysis - ANSWER: A list of 20 factors to which the IRS looks to
determine whether someone is an employee or an independent contractor.
Economic Realities test - ANSWER: A test to determine whether a worker qualifies as
an employee.
contingent worker - ANSWER: One whose job with an employer is temporary, is
sporadic, or differs in any way from the norm of full-time employment. (Hired
through a staffing firm.)
joint and several liability - ANSWER: Both staffing firm and its client (employer) may
share liability as employers of the worker. Worker may collect compensatory
damages from either one or both of the entities combined if a wrong is proven.
SS-8 - ANSWER: IRS Form - Determination of Worker Status for Purposed of Federal
Employment Taxes and Income Tax Withholding
Civil Right Act of 1866 - ANSWER: Regulates the actions of all individuals or entities
when entering into a contract to employ someone else; no minimum requirement
for number of employees. CRA of 1991 added section to cover actions by employer
after contracts formed (discrimination during employment or termination).
Title VII of the Civil Rights Act of 1964 - ANSWER: Prohibits discrimination in
employment based on specified protected classes; 15 or more employees, working in
20 or more weeks in current or preceding calendar year.
Title VI of the Civil Rights Act of 1964 - ANSWER: Applies the race, color, and national
origin proscriptions of Title VII to any program or activity that receives federal
assistance; includes government contractor unless otherwise exempted.
Age Discrimination in Employment Act of 1967 - ANSWER: Prohibits discrimination in
employment against anyone over the age of 4; applies to all entities or their agents
employing 20 or more employees, working in 20 or more weeks during the current
Dawn Bennett-Alexander, Verified Chapters 1 - 16, Complete
Newest Version
law reporter - ANSWER: Books in which judges' case decisions are kept for later
retrieval by lawyers, law students, judges, and others.
stare decisis - ANSWER: System of using legal precedent.
federal courts - ANSWER: Consists of trial courts, Courts of Appeal, and the U.S.
Supreme Court.
trial court - ANSWER: U.S. District court for a particular district.
courts of appeal - ANSWER: U.S. Circuit court for a particular circuit.
plaintiff - ANSWER: suing party at the district court level
defendant - ANSWER: party being sued at the district court level
appellant - ANSWER: party who appealed the case to the court of appeals
appellee - ANSWER: opposing party in case at the court of appeals level
petitioner - ANSWER: party who appealed the case to the U.S. Supreme Court
respondent - ANSWER: opposing party in case at the U.S. Supreme Court level
case citation - ANSWER: means by which the full case can be located in a law
reporter (i.e., LEXIS/NEXIS or Westlaw)
motion to dismiss - ANSWER: defendant thinks there is not enough evidence to
constitute a violation of law; either granted or denied by the court
motion for summary judgement - ANSWER: request that the court take a look at the
documentary information submitted by the parties and make a judgement based on
that; (alleges there is no issue to be determined by a jury)
remand - ANSWER: Order by the court of appeals to the lower court telling it to take
a case back and do additional work (based on the court's decision to reverse)
per curiam - ANSWER: brief decision by the court of appeals
, independent contractor - ANSWER: generally, a person who contracts with a
principal to perform a task according to her or his own methods, and who is not
under the principal's control regarding the physical details of the work.
employee - ANSWER: the agent of the employer/principal
vicarious liability - ANSWER: the imposition of liability on one party for the wrongs of
another. Liability may extend from an employee to the employer on this basis if
employee is acting within the scope of employment at the time that liability arose.
common-law agency test - ANSWER: A test used to determine employee status;
though it considers several factors, the most critical is whether the employer has the
right or ability to control the work. (exercised or not)
IRS 20-factor Analysis - ANSWER: A list of 20 factors to which the IRS looks to
determine whether someone is an employee or an independent contractor.
Economic Realities test - ANSWER: A test to determine whether a worker qualifies as
an employee.
contingent worker - ANSWER: One whose job with an employer is temporary, is
sporadic, or differs in any way from the norm of full-time employment. (Hired
through a staffing firm.)
joint and several liability - ANSWER: Both staffing firm and its client (employer) may
share liability as employers of the worker. Worker may collect compensatory
damages from either one or both of the entities combined if a wrong is proven.
SS-8 - ANSWER: IRS Form - Determination of Worker Status for Purposed of Federal
Employment Taxes and Income Tax Withholding
Civil Right Act of 1866 - ANSWER: Regulates the actions of all individuals or entities
when entering into a contract to employ someone else; no minimum requirement
for number of employees. CRA of 1991 added section to cover actions by employer
after contracts formed (discrimination during employment or termination).
Title VII of the Civil Rights Act of 1964 - ANSWER: Prohibits discrimination in
employment based on specified protected classes; 15 or more employees, working in
20 or more weeks in current or preceding calendar year.
Title VI of the Civil Rights Act of 1964 - ANSWER: Applies the race, color, and national
origin proscriptions of Title VII to any program or activity that receives federal
assistance; includes government contractor unless otherwise exempted.
Age Discrimination in Employment Act of 1967 - ANSWER: Prohibits discrimination in
employment against anyone over the age of 4; applies to all entities or their agents
employing 20 or more employees, working in 20 or more weeks during the current
