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Definition
| Where liability is imposed on a party regardless of their fault (workers comp) |
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| Every person is liable for the torts they commit |
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Definition
| Establishes minimum wage, overtime and child labor restrictions |
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Definition
| Employee has legal right to receive pension benefits |
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Term
| Family and Medical Leave Act |
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Definition
Provides employees with up to 12 weeks and unpaid leave for child birth, adoption, serious illness, or care of family member
Company must have 50+ emloyees or is the gov.
Employee must have worked 12 mo. or part time for 1,250 hours |
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| Occupational Safety and Health Administration |
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Definition
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Term
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Definition
| Prohibits discrimination on the basis of race when entering into a contract |
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Term
| Civil Rights Act of 1964 - Title 7 |
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Definition
| Prohibits discrimination in employment on the basis of race, color, national origin, religion, and sex |
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Term
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Definition
| Where employer intentionally discriminates against applicant or employee |
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Definition
| Where the consequences of the job requirement is discriminatory (GPA, Test scores) |
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Definition
| Shows their class is significantly underrepresented in the employers' workforce |
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| Bona Fide Occupational Qualifications (BFOQ) |
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Definition
| National origin, religion, sex, or age are needed for position (Race can never be one) |
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Definition
| OK to discriminate but OK to hire |
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Definition
| Must discriminate, illegal to hire |
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Term
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Definition
| Cannot discriminate on people over 40 years old |
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Term
| Defense, Employee theft, Drug Companies, Security jobs |
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Definition
| Polygraph tests illegal except for? |
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Term
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Definition
| General rule of employment - employer or employee can end the employement at any time unless it has to do with Legislation or Contracts. |
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Term
| Clayton Act Section 2 Robinson Patron Act |
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Definition
Price Discrimination-
Companies in volved in interstate commerce, different prices to diff. buyers, goods of like grade or quality, or effect is to lessen competition |
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Definition
| Exclusive dealer agreements - tying contracts are illegal unless parts must be functionally integrated |
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Definition
| Interlocking board of directors - Can't be on board of directors of 2 competing companies |
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Term
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Definition
| Prohibits companies from buying stock or assets of companies under certain economic conditions |
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Term
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Definition
| Any stocks, bonds, investment contracts |
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Term
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Definition
Document containing all material information relevant to investing in the security
Waiting period of 20 days before securities can be sold |
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Term
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Definition
| Written ad to inform public of address |
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Term
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Definition
| Preliminary version of prospectus (warning label saying its contingent on final approval) |
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| Exemptions from Registration |
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Definition
Closely held Companies - small
Private Placement
Small Offering - up to $5 million
Intrastate Offering - restricted to residents of state |
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Term
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Definition
| Person used teh degree of prudence or care by reasonable person under similar circumstances |
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Term
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Definition
| The damages sustained by the plaintiff resulted from something other than a false statement |
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Term
| Statute of Limitations Defense |
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Definition
| Length of time someone has to sue |
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Term
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Definition
Profits made by an insider on company securities within a 6 mo. period
Insider: officer, director, or 10% SH |
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Term
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Definition
Where an acquierer offers to buy shares of a target company for a price above market share.
-If greater than or equal to 5% of company, must file with SEC within 10 days |
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Term
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Definition
| Describes the purpose of the vote |
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Term
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Definition
| Written authorization by the shareholder to another party to cast a vote |
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Term
| Securities Investor Protection Act |
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Definition
| Provide insurance against brokerage firm failure |
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Term
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Definition
| Limits program trading (using computers) and allows SEC to suspend trading if sudden large decline in stock prices |
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Term
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Definition
| Attorney who brings criminal case on behalf of government (called district attorney in WI) |
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Term
Actus Reus - guilty act
Mens Rea - guilty mind |
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Definition
| Two elements that must occur at same time to be a crime? |
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Term
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Definition
| Only the defendant has an awareness of the factors of the crime - must prove they acted voluntarily (battery, traffic offense) |
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Term
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Definition
| 1st degree murder, assault, robbery, embezzlement |
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Term
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Definition
| Behavior that shows gross lack of care (3rd degree murder, involuntary manslaughter) |
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Term
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Definition
| Crimainl liability is imposed automatically because of the existence of certain facts (felony murder, regulations - hard hats) |
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Term
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Definition
| Any taking of property with the intent to depreive the owner of it permantently |
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Term
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Definition
| Taking or conversion of property where the wrong doer has acquired lawful possession |
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Term
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Definition
| Any unlawful entry into any structure or vehicle for the purpose of committing another felony |
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Term
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Definition
| involves the use of a materially false statement to deprive another person of their property |
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Term
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Definition
| Kickback or payoff made to employee of company for a wrongful purpose |
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Term
| Racketeer Influence and Corruption Organization Act (RICO) |
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Definition
| Drug dealing, arson, robbery, mail fraud, bankruptcy fraud -- doing it twice within a 10 year period; they go to federal prison |
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Term
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Definition
| Where an accused is subject to a custodial interrogation - then must be read their rights |
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Term
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Definition
| Court procedure where the judge determines if there's probably cause to determine if a crime was committed and the accused committed it |
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Term
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Definition
| Where the members cannot come to a unanimous vote |
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Term
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Definition
| Accused proved they are incapable of knowing right from wrong at the time of the crime |
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Term
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Definition
Officer induces a person to commit a crime that wasn't alreaady contemplated
(cop creates crime) |
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