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The government cant establish a national religion or promote people to participate in a certain religion
Sole Proprietorship-Full Liability
Partnership- Full liability in a general partnership, limited liability in a limited partnership
Corporation- Limited Liability
DUTY OF CARE- Have to use the same standard of care in corporate matters as in own personal affairs
DUTY OF LOYALTY- avoiding conflicts of interest
Self-Dealing- When BOD member and officer makes a contract with a corporation,
Interlocking Directorates- on the BOD of more than one corporation..problem if 2 companies are competitors
MANDATORY-have to bargain about, have to include, wages, hours, terms and conditions of employment
ILLEGAL- Cant bargain about anything Illegal
PERMISSIVE- allowed to be bargained about but doesnt have to be
ECONOMIC STRIKERS- Workers go on strike for economic reasons, cant be fired, employer can hire replacement workers...but their screwed pretty much
UNFAIR LABOR PRACTICE STRIKERS- can hire replacement workers, entitled to their job back when the strike is over
GRAVITY-seriousness, is an injury likely to result?
EMPLOYER GOOD FAITH- was the employer trying to follow OSHA?
TOTALITY OF THE CIRCUMSTANCE- a larger corporationw ill be fined more than a smaller one; history of OSHA violations.
Corporation can do what it says in its articles of Incorporation
Corporation can do what state law allows
Right to sue and be Sued, Enter into Contracts
Implied Powers- can do anything necessary to carry out their powers
When an employment practice specifically deals with a Title VII category, very obvious discrimination.
Plaintiff Must show they are member of protected class
Qualified For Job
State they suffered a negative employment consequence
Bona Fide Occupational Qualification
Authenticity, modesty, Refusal to deal..RACE IS NEVER A BFOQ
LEGALITY OF OBJECT
CAPACITY OF PARTIES
Covenent of Quiet Enjoyment-Landlord must provide tenant with full possessory rights, cant interfecre with ownage of apt.
Implied Warranty of habitability- The premises must meet certain standards of livability, landlord responsible for repairs.
Did congress have a reasonable basis for makin classification?
Default Test...used most of the time.
Does laws purpose serve a legitimate state interest?
the law in question involves a fundamental right(right in constitution)
the law in question involves a basic right (race, religion, sex)
Stated that schools are seperated but inherently unequal even if facilities are equal.
Outlawed De-jure by law segregation..Earl Warren
Attempt conciliation, if conciliation fails...they have
180 days to file a lawsuit....if 180 days expires..the Plaintiff can file lawsuit directly
Equal Opportunty Employment Commission
Established by Title VII and enforces it
Attempt Conciliation if they feel Title VII has been violated
each side battling it out sayin that they are the side telling the TRUTH..point of case is to find TRUTH...not to decide who is guilty but to find TRUTH OF GUILTYNESS.
Wants EQUAL REPRESENTATION and EQUAL trial (6th amendment)
Written by Benjamin Cardozo
In order for defendance to be held liable, injust must be FORESEEABLE.. Has to be sufficient connection between defedants action and plaintiffs injury
Is there a legally protected Interest?
Nature of defendants Conduct?
Sufficiently close connection between defendants action and Plaintiffs Injury?
Petition Government for Redress of Grievances
About this deck
Size: 60 flashcards