Test Bank For Employment Law for Business
QUESTIONS AND ANSWERS
stare decisis - ANSWER>>" a system of using legal prec-edent. Once a judge
renders a decision in a case, the decision is generally written and placed in a law
reporter and must be followed in that jurisdiction when other similar cases arise.
The case thus becomes precedent for future cases."
Plaintfiff - ANSWER>>the one suing
Defendant - ANSWER>>the one being sued
Appellant - ANSWER>>"At the court of appeals level, the person who appealed
the case to the court of appeals is known as the appellant "
Petitioner @ Supreme Court level
Appellee - ANSWER>>The party opposing an appeal from a lower court to an
appellate court.
Respondent @ the Supreme Court level
Motion to dimiss - ANSWER>>If a defendant makes a "motion to dismiss", the
court will decide that issue and say either that the motion to dismiss is granted or
denied.
A defendant will make a motion to dismiss when he or she thinks there is not
enough evidence to constitute a violation of law.
If it is granted, the decision favors the defendant in that the court throws out the
case.
If it is denied, then the plaintiff's case can proceed to trial.
, motion for summary judgment - ANSWER>>A motion requesting the court to
enter a judgment without proceeding to trial. The motion can be based on
evidence outside the pleadings and will be granted only if no facts are in dispute.
Cause of Action - ANSWER>>A claim that, based on the law and the facts, is
sufficient to support a lawsuit.
When an individuals legal rights have been violated, the ability to file a case on
that basis is known as having a Cause of Action.
Prima Facie case - ANSWER>>In court if it can be shown that those requirements
are met, (cause of action), then the party bringing the cause of action has est.
prima facie.
employment at will - ANSWER>>A common law doctrine under which either party
may terminate an employment relationship at any time for any reason, unless a
contract specifies otherwise.
per curiam - ANSWER>>A brief decision by the court rather than along one and is
not issued by a particular judge. Rather than seeing a judge's name, you will
simply see the words Per Curiam.
Court of Appeals may: - ANSWER>>1) Affirm the lower court's decision
2)Reverse the decision
3) If there is still work to be done on the case, the appellate court also will order
"remand". Remand is an order by the court of appeals to the lower court telling it
to take the case back and do what needs to be done based on the court's
decisions.
Wrongful Discharge - ANSWER>>An employer's termination of an employee's
employment in violation of the law or an employment contract. And if it was
based on sex, gender, race, age, disability, etc.
QUESTIONS AND ANSWERS
stare decisis - ANSWER>>" a system of using legal prec-edent. Once a judge
renders a decision in a case, the decision is generally written and placed in a law
reporter and must be followed in that jurisdiction when other similar cases arise.
The case thus becomes precedent for future cases."
Plaintfiff - ANSWER>>the one suing
Defendant - ANSWER>>the one being sued
Appellant - ANSWER>>"At the court of appeals level, the person who appealed
the case to the court of appeals is known as the appellant "
Petitioner @ Supreme Court level
Appellee - ANSWER>>The party opposing an appeal from a lower court to an
appellate court.
Respondent @ the Supreme Court level
Motion to dimiss - ANSWER>>If a defendant makes a "motion to dismiss", the
court will decide that issue and say either that the motion to dismiss is granted or
denied.
A defendant will make a motion to dismiss when he or she thinks there is not
enough evidence to constitute a violation of law.
If it is granted, the decision favors the defendant in that the court throws out the
case.
If it is denied, then the plaintiff's case can proceed to trial.
, motion for summary judgment - ANSWER>>A motion requesting the court to
enter a judgment without proceeding to trial. The motion can be based on
evidence outside the pleadings and will be granted only if no facts are in dispute.
Cause of Action - ANSWER>>A claim that, based on the law and the facts, is
sufficient to support a lawsuit.
When an individuals legal rights have been violated, the ability to file a case on
that basis is known as having a Cause of Action.
Prima Facie case - ANSWER>>In court if it can be shown that those requirements
are met, (cause of action), then the party bringing the cause of action has est.
prima facie.
employment at will - ANSWER>>A common law doctrine under which either party
may terminate an employment relationship at any time for any reason, unless a
contract specifies otherwise.
per curiam - ANSWER>>A brief decision by the court rather than along one and is
not issued by a particular judge. Rather than seeing a judge's name, you will
simply see the words Per Curiam.
Court of Appeals may: - ANSWER>>1) Affirm the lower court's decision
2)Reverse the decision
3) If there is still work to be done on the case, the appellate court also will order
"remand". Remand is an order by the court of appeals to the lower court telling it
to take the case back and do what needs to be done based on the court's
decisions.
Wrongful Discharge - ANSWER>>An employer's termination of an employee's
employment in violation of the law or an employment contract. And if it was
based on sex, gender, race, age, disability, etc.
