Midterm- ch. 1-4

A legal reporter citation

("32 NC 230"") citation you need when looking up a legal case in a library

D/B/A

("doing business as") DBA registration is necessary if your business operates under a name other than its legal name

Respondent Superior

("let the master respond") legal theory that holds the employer, "the master", responsible for the acts of the employee

C Corporations

(Referred to as Corporation) formed when groups of individuals elect to band together to achieve a common purpose - profits are subject to double taxation, once at corporate level and then again at shareholder level

Administrative Law

- People often speak of administrative law as "regulation." body of law that governs the activities of administrative agencies of government. For example, it is often pointed out that it is easier for regulatory agencies, such as OSHA & the EPA, to update their regulations than it is to get Congress to pass new laws.

Advantages of purchasing a franchise

-association with established brand - assistance with management of site - training and procedures -financial systems

steps of ethical analysis

1. Is it legal?- does the law or company policy prohibit this activity? 2. does it hurt anyone?- will this negatively affect anyone? 3. is it fair?- is it fair to everyone else? 4. am i being honest?- are you being honest with yourself and company 5. would i care if it happened to me?- would it bother you if you received this action? 6. would i publicize my action? would you be embarrassed? 7. what if everyone did it?- could the business effectively operate

what year was the State of North Carolina agency that administers North Carolina Workers' Compensation Act created?

1929

UCC: Uniform Commercial Code

A model statue covering such issue as the sale of goods, credit and bank transactions

any person trained and legally authorized to act on behalf of others in matters of the law

Attorney

Common law

Based on judicial decisions rather than legislative action and was developed by the courts laws derived from historical customs and usage of a society, and the decisions by courts when interpreting those customs and usages ex: marriage law

Manage

Effective managers know that if you consistently do things the right way, chances for mistakes or litigation will diminish. Manager who creates a supportive work environment will gain trust and respect. that will motivate employees to do their best and avoid making errors that could result in litigation

State Regulatory Agencies

Employment Security Agency Alcohol Beverage Commission (ABC) Treasury Department/Controller Attorney General Public Health Department Department of Transportation

A sole proprietorship is the most complex of all organizational structures. T or F

False

In a limited partnership, the limited partner has unlimited liability. T or F

False

REIT must pay corporate income tax and state income tax. T or F

False

Which of the following organizational structures is least desirable from a liability perspective? Limited partnership General partnership "S" corporation Limited Liability Company

General Partnership

Local Regulatory Agencies

Health and Sanitation Building and Zoning Courts and Garnishment Historical Preservation Fire Department

basic requirements for contract

Legality, offer, consideration, acceptance

the act of initiating and carrying on a lawsuit. Often used to refer to the lawsuit itself

Litigation

Select

Managers can reduce litigation by selecting the right employee for the right job. Must be selected based on specific job specifications and info from an investigation of the candidate for the position.

Teach

Managers must develop proper training methods for employees, feedback devices- competency testing, to ensure that the training is effective

Civil law comes from____

Roman Empire

A type of business entity that offers liability protection to all owners and is exempt from taxation on its profits (no double tax) is?

S Corporation

Which of the following is not an advantage when purchasing a franchise? Obtain a proven concept National name recognition National advertising support Sensitivity to menu items for local clientele

Sensitivity to menu items for local clientele

which agency oversees workers' compensation in North Carolina.

The North Carolina Industrial Commission

why should a manager always accompany OSHA officers during inspection?

They can answer any questions or clarify procedures for the officer, manager should know what transpired during the inspection and afterwards they can discuss the results/request a copy of any inspection reports filed

A management agreement is the legal agreement that defines the responsibilities of a business owner and the management company chosen to operate the owner's business. T or F

True

Owner-operator is a type of operating structure in which the owners of a business are directly responsible for its day-to-day operation. Also know, in some cases, as an "independent." T or F

True

The conduct of individual employees has a direct affect on the liability of a business. T or F

True

LLC: Limited Liability Company

Type of business that protects the owners from liability for debts incurred by the business without the need for some of the formal incorporation requirements

International Regulatory agencies

World Tourism Organization (WTO) International Civil Aviation Organization (ICAO) World Health Organization (WHO)

The body of laws known as Common Law descends from _____

\The laws of great britain

franchise

a contract between a parent company and an operating company to allow the franchisee to run a business with the brand name of the parent company, as long as the terms of the contract concerning methods of operation are followed

garnishment

a court ordered method of debt collection in which a portion of a person's salary is paid to a creditor. ex: child support, student loans, taxes, unpaid court fees

agent

a person authorized to act for or to represent another, usually referred to as the principal

Real Estate Investment Trust (REIT)

a very special form of business structures in which the owners of a business are generally prohibited from operating it

Litigation

act of initiating and carrying on a lawsuit. often used to refer to the lawsuit itself

OSHA: Occupational Safety & Health Administration

agency in dpt of labor created to assure that every working man and women in the nation had safe and healthful working conditions

Equal Employment Opportunity Commission (EEOC)

an independent federal law enforcement agency that enforces laws against workplace discrimination. it investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence, disability (such as alcoholism) and retaliation for reporting and/or opposing a discriminatory practice. It is empowered to file discrimination suits against employers on behalf of alleged victims and to adjudicate claims of discrimination brought against federal agencies.

main problem with contracts?

arent in writing is "evidentiary", is any evidence to what the parties agreed on?

Consequences of a counter offer

changing the terms in the original offer can "kill" the deal and constitute a rejection of the employers original offer

the body of law (usually in the form of codes or statues) created by governmental entities that are concerned with private rights and remedies, as opposed to criminal matters

civil law

counter offer

conditional agreements to the terms and conditions of an offer that includes a change to those terms, creating a new offer

Statue of Fraud

define which contracts must be in writing

Contracts

dont need to be written to be enforceable

choices of proper conduct made by an individual in his or her relationships with others

ethics

Breach of contract

failure to keep promises or agreements of a contract

corporation

group of individuals granted a charter, legally recognizing them as a separate entity with rights and liabilities distinct form those of its members

those laws which relate to the industry involved with the provision of food, lodging, travel and entertainment services to its guests and clients

hospitality law

Environmental Protection Agency (EPA)

in charge with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress

Educate

managers must continuously educate themselves so that they know which topics and procedures must be passed on to employees through effective teaching methods

What determines whether two jobs are substantially similar pursuant to the Equal Pay Act?

men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal.

Legality

not all agreements or promises made between two or more parties are legally valid. contract requires that all parties intended to enter into legally binding agreement. They must intend to create legal relations and must understand that the agreement can be enforced by the law

Sole Proprietorship

one person owns & operates business. the simplest form of business to set up. acquire licenses & permits, taxpayer identification and register fictitious name -profits are taxed too -owners personal assets are at risk -easiest form of business to dissolve

Consideration

payment/value exchanged for the promise contained in a contract. For contract to be valid, consideration must flow both ways. Can be money or tangible items but i can include other forms of bargaining

STEM

process implemented to help reduce employee errors and omissions- therefore litigation and liability. Select, Teach, educate and manage

mediation

process in which an appointed neutral third party assist those involved in a dispute with resolving their differences. result when successful is "settlement" not binding

Arbitration

process which an agreed on independent neutral third party renders a final and binding solution to a dispute. decision of arbitrator is known as "award" binding

Offer

proposal to perform an act or to pay an amount that if accepted constitutes a legal valid contract. The offer simple states exactly what the offering party is willing to do and what he or she expects in return. The offer may include specific instructions for how, where, when, and to whom the offer is made. It can include time frames or deadlines for acceptance, generally includes the price or terms of the offer

apparent authority

relates to the doctrines of law agency. it is relevant particularly in corporate law and constitutional law. refers to a situation where a reasonable person would understand that an agent had the authority to act

Actual Authority

specific powers granted by a principal to an agent in oral/written agency contracts

Material Safety data sheet MSDS

statement of chemicals potential hazards and proper methods of using a chemical or toxic substance. Informs workers about the chemical so they can protect themselves and respond to an emergency situation.

Ethical Analysis

systematic approach to figuring out the right moral decision in a particular situation.

What is the primary objective of Alcohol Law Enforcement?

the enforcement of the State Alcoholic Beverage Control laws and the Controlled Substances Act. Special attention is directed towards the possession and use of alcohol by underage persons and the prevention of violent crime due to alcohol and drug abuse.

management contract

the legal agreement that defines the responsibilities of a business owner and the management company chosen to operate the owner's business

organizational structure

the legal entity that owns a business

franchisee

the person or business that has purchased and/or received a franchise

franchisor

the person or business that has sold and/or granted a franchise

operational structure

the relationship between a business's ownership and its management

law

the rules of conduct and responsibility established and enforced by a society

Legal System and Laws in the US

their roots are in English " common law"

Provide an example of a discrimination violation pertaining to National Origin.

treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background. -any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

When an employee makes a mistake at work, it is often the result of management error. T or F

true

With a "C" corporation, the company is liable for taxes on the corporation's profits and shareholders are liable for taxes for their dividends received. T or F

true

S corporation

type of business entity that offers liability protection to its owners and is exempt from corporate taxation on its profits -family own operations

Acceptance

unconditional agreement to precise terms and conditions of an offer. It takes at least 2 parties to create a contract, a legal offer and its consideration must be clearly accepted by a second party before the contract comes into existence. It is important that the acceptance must mirror exactly the terms of the offer in order for the acceptance to make the contract valid.

Under what circumstances is sexual harassment considered illegal by the EEOC

unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.