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Understand the different levels of bankruptcy.
- Chpt 7 Liquidation: Sale of all of the nonexempt assets of a debtor and distro of proceeds to creditors. (ordinary or straight)
- Chpt 11 Corp Reorg: creditor/debtor formulate a plan under which the debtor pays a portion of its debts.
- Chpt 12 Fam Farmer: Farm related, created in 1986.
- Chpt 13 Adj of Indiv: Adj of debts of an ind w/regular income. Unsecured debt of $336,900 or less.
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What is apparent authority?
- since under the law of agency the employer (the principal) is liable for the
- acts of his employee (agent), if a person who is not an agent appears to an
- outsider (a customer) to have been given authority by the principal then the
- principal is stuck for the acts of anyone he allows to appear to have authority.
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Age Discrimination in Employment Act of 1967.
- Protects individuals over the age of 40 from workplace discrimination that favors younger workers.
- Plaintiff must show:
- 1 He was memb of protected age grp.
- 2 Was qualifed for job.
- 3 Was discharged under circumstances that inferred discrimination.
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American w/Disabilities Act of 1990 what consitutes "substantial limits".
Impairment affects employability or significantly restricts an individual's ability to perform a major life activity which can be performed by the average person in the general population.
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Difference between: Apparent athority, expressed authority, and implied authority.
- Apparent: appears to an outsider (a customer) to have been given authority by the
- principal
- Expressed: actual authority given by principle to agent thru oral/written.
- Implied: perform acts which are reasonably necessary to accomplish the purpose of an organization
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What are the current immigration laws based on?
Immigration Reform and Control Act (IRCA) of 1986.
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Under Title VII, if a discharge occurs what are the possible reliefs that Title VII can include?
- Liability may be extensive. Plaintiff may receive:
- Reinstatement
- Back pay
- Retro promotions
- Damages
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Understand product liability and negligence.
SEE SLIDE 11
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A bank makes a loan for a business and its destroyed: if teh bank takes a security interest in the present inventory and any after-aquired inventory as collateral can the bank take possession of the entire inventory?
???
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Bait and switch advertising
Advertising product at a very attractive price, then once consumer is in the store, saying that the advertised product either is not available or is of poor quality. Then urged to buy more expensive item.
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Lien
An encumbrance on a property to satisfy a debt or protect a claim for payment of a debt.
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Garnishment
A legal process used by creditor to collect a debt by seizing property of debtor (such as wages) that is being held by a 3rd party.
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Collateral
Under Article 9 of the UCC, the propety subject to a security interest, including accounts and chatel paper that have been sold.
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Ratification
The act of accepting and giving legal force to an obligation that previously was not enforceable.
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Respondeat Superior
A doctrine under which a principle or an employer is held liable for the wrongful acts commited by agents while acting within the course and scope of their agency or employment.
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Employment at will.
A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless contract specifies otherwise.
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Constructive discharge
A terminiation of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave.
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Rohr V salt River Project Agricultural Improvement & Power District
- Facts: Rohr has type 2 dib, has a strict diet schedule, Rohr's doctors forbade his assignment to tasks involving over nights, out of towns, etc. Rohr asked for transfer, or early retirement. Court issued a summary judgement for Salt. Rohr appealed.
- Issue: Is diabetes a disability under ADA if it significantly restricts an individuals eating?
- Decision: Yes, Appeals court of 9th district vacated the lower court's judgment and remanded the case for trial.
- Reason: The ADA's define of disability includes physical impairments that substantially limit a major life activities. Major life activities include eating patterns. Thus, symptoms of diabetes and the efforts to manage the desease significantly restrict an indiviaul's eating, the define of disability is met. In many instances, failure to take insulin can result in severe health problems and even death. "Straying from a diet for more than 1-2 meals is not a cause for medical concern for most people, and skipping a meal, or eating a large one, does not expose them to the risks of fainting." But for Rohr, the efforts to control his diet is substantially limiting.
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Warner v Southwest Desert Images, LLC
- Facts: Aegis Communications hired Southwest Desert Images, LLC to provide landscaping svs for its property. Haggatt, employee, was spraying herbicide to control weeks at Aegis. He was told that the spray was being sucked into the building by ac system and making people sick. Catherine Warner was taken to hosp and determined that she had suffered heart attack. She sued Southwest and Hoggatt for negligence. Trial judge dismissed suit against Hoggatt and jury found Southwest soely liable and awared her $3,825 in damages. Warner appealed the decision.
- Issue: Can Haggatt be held liable for damages in addition to his employer principle?
- Decision: Yes, The appeals court held that Hoggartt should not have been dismissed from the lawsuit.
- Reason: The fact that Hoggatt was an agent-employee of Southwest did not excuse him from liability for his negligence in spraying. The court reasoned that there was evidence that Hoggatt had ignored instructions provided by the company that sold Southwest the spray. In doing so, he was negligent. An agent, is not excused from responsibility for tortious conduct just becuz he is working for a principle. Although the jury found Southwest completely responsible, the dismissal of the suit against Hoggatt denied Warner the right to collect from him as a joint tortfeasor. Appeals court held that Warner should be able to collect from Hoggatt as well.
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