Business Law 283 Final Exam Study Guide PDF

Business Law 283 Study Guide – Final Exam (Exam #3) Format 20-25 Multiple Choice 3-4 Written Questions Corporations/Business Organizations Primary types of business entities in the U.S.: Sole Proprietorship; Partnership (General); Limited Partnership;...

Business Law 283 Study Guide – Final Exam (Exam #3) Format 20-25 Multiple Choice 3-4 Written Questions Corporations/Business Organizations Primary types of business entities in the U.S.: Sole Proprietorship; Partnership (General); Limited Partnership; Limited Liability Company (LLP) Corporation; and S Corporation. 5 characteristics/considerations with respect to the primary types of business entities: Cost/Complexity of formation; Continuity (ability to continue operations when one or more owners withdraws from business); Management/Control; Taxation; and Liability. (Need to know how these characteristics differ b/w different types of business entities – See Chart) Other factors to consider: Failure to honor corporate formalities (periodic meetings of owners/shareholders, proper capitalization, comingling of assets b/w entities and/or shareholders’ personal accounts, etc.) “Piercing the Corporate Veil” Specific rules/limitations with respect to certain types of business entities, i.e., number of shareholders, whether other corporate entities can own interest in other entities, etc.) Regulatory Law and the Evolution of Supreme Court Decisions (Commerce Clause, etc.) Lochner Era o Understanding of the general timeline we discussed (the S.C. decisions and historical events encompassed by the “Lochner Era”); o Names of those cases discussed in class:  “Slaughter House Cases”   Algeyer v. Louisiana  Lochner v. New York  West Coast Hotel v. Parrish  Wickard v. Filburn The meaning of “Dormant Commerce Clause” (Concept not necessarily a “definition”); States’ Rights and Police Powers (previously covered in material for Exam #1); The “rise” of Regulatory Agencies; The reason/policies underlying Regulatory Agencies; General understanding of the structure of Regulatory Agencies; Authority of Regulatory Agencies (2 types) The source of Regulatory Agency’s authority; Limitations on the authority of Regulatory Agencies; Employment Discrimination Primary Sources of Employment Discrimination Law: Civil Rights Act of 1964 (Title VII) Age Discrimination in Employment Act (“ADEA”) Americans with Disabilities Act (“ADA”) Title VII – Size of employers to whom applicable (# of employees); Five Protected Classes: o Sex (Gender) o Race o Color o National Origin o Religion (What is a religion?) Disparate Treatment Disparate Impact Statute of Limitations (When must claim be filed?) Appropriate administration of claim (Where/with whom must claim be filed); General understanding of claim process; Initial burden of proof and burden shifting; Common Defenses of Employer: o Reasonable accommodations; o Unduly burdensome; o Legitimate or “Bona Fide” Employment Qualification (or other compelling justification such as safety considerations); 2  Other defenses: o Failure to exhaust administrative remedies; o Equally administered/Non-discriminatory application; o Result of administration of rules/regulations/procedures is not disparate when taking demographic of region/area into consideration (Applies to Disparate Impact claims); Additional laws/protections stemming from Title VII: o Sexual Harassment Claims (Hostile Work Environment and Quid Pro Quo Claims are Gender Discrimination); o Pregnancy Discrimination Act (Subsequent Amendment to Title VII) ***We did not cover sexual harassment at length (or at all in one of my sections), so all I expect you to know is that sexual harassment falls under Title VII (Gender Discrimination) and that there are two types of sexual harassment (Hostile Work Environment and Quid Pro Quo). Hostile Work Environment – Inappropriate comments/behavior become so prevalent as to render the work environment “hostile.” Quid Pro Quo (“This for that”) – Typically an executive or supervisor offers to do something in exchange for sexual favors (“If you will do this for me, I will give you the promotion.”) Note – If the claimant (employee asserting harassment claim) is less senior or under the supervision of the alleged offender, consent is not a defense. ADEA - Size of employers to whom applicable (# of employees); Age of employees to which applicable; Procedures for filing complaint and claim administation are the same as under Title VII; Burden of proof and burden-shifting are the same as under Title VII; Defenses are similar to Title VII defenses, but there are complete exemptions as well, e.g., key employees/decision makers, industry specific exemptions like FAA, etc. How are exemptions different from defenses? ADA - Size of employers to whom applicable (# of employees); Applies to employees and the public (accessibility to customers, etc.) Definition of a “disability” Procedures for filing complaint and claim administration are the same as under Title VII; Burden of proof and burden-shifting are the same as under Title VII; Defenses are similar to Title VII defenses, however accessibility provisions are not applicable to certain private business (age of building and burden of modifications, etc.). 3 Other Restrictions under Title VII, ADEA, and ADA: Retaliatory discharge and/or other retaliatory action; Standing to bring a retaliation claim extended by subsequent amendments and S.C. Opinions (extended to co-workers that cooperate with investigation as well as to spouses of employee – even if spouse is not an employee he/she/they may have standing if action in question directly impacts them). 4