The trend toward using Alternative Dispute Resolution (ADR) is growing. T a. True b. False

a. True More test answers on https://studyhippo.com/business-ethics-ch-17/

Alternative Dispute Resolution (ADR) includes any means of settling disputes outside of the courtroom.

True More test answers on https://studyhippo.com/negotiation-t-f-only-exam-1/

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Alternative Dispute Resolution Flashcards, test questions and answers

Q: Alternative dispute resolution (ADR)

Alternatives to taking the conflict into the court system, hiring an attorney, and pursuing litigation *Since early 1980s there has been major social movement to take civil disputes (where there is no violation of criminal law) out of courts and refer them to third parties in ADR More test answers on https://studyhippo.com/negotiations-quiz-2/

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We've found 11 Alternative Dispute Resolution tests

Alternative Dispute Resolution Boys And Girls Decision Making Shortcuts Strategies And Tactics

Negotiation 10 – Flashcards 28 terms

Patricia Smith

28 terms

Preview

Negotiation 10 – Flashcards

question

An outcome of informational complexity is that:

answer

It increases the likelihood that negotiators will use decision-making shortcuts.

question

Negotiator orientation towards cooperation and competitiveness is a component of:

answer

Social complexity.

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Agreeing how to handle the larger volume of information, clarifying how information will be communicated and who will be assuming which role, and whether the negotiation will be conducted integratively or distributively, are all components of:

answer

Strategic complexity.

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To preserve relationships between principals:

answer

Executives should ask a representative to negotiate their salary and benefits packages.

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Someone who negotiates for you is called:

answer

An agent.

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Parties for whom you negotiate are called:

answer

Constituents.

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The "hat" that negotiators can use to manage information in multiparty negotiations is called:

answer

The White Hat.

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The "hat" that negotiators can use to explore the benefits, values and advantages in multiparty negotiations is called:

answer

The Yellow Hat

question

In a multiparty negotiation, people who are assigned Black Hat responsibilities:

answer

Deal with risks, difficulties and problems.

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When two or more people from one party negotiate with two or more people from the other side, it is called:

answer

Inter-team negotiation.

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In team or group negotiations:

answer

Six Hats Thinking techniques can help members reach a consensus in defining the situation, goals, etc.

question

Integrative agreements are _____________ when teams are involved rather than solo negotiators.

answer

More likely.

question

Teams are typically ________________ at claiming value compared to solo negotiators.

answer

More adept.

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_____________ usually work better than ______________ when teams are unable to secure unanimity with their principals.

answer

Surveys / voting.

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When multiparty negotiations become too procedurally complex:

answer

Negotiate the process.

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Pressures for conformity can either unify negotiators or escalate the conflict.

answer

true

question

Increasing the number of negotiating parties changes the nature of negotiators' interaction and their behavior only marginally.

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false

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Agents may represent the interests of people other than their principals.

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true

question

Higher quality outcomes are commonly achieved when multiple issues are raised and negotiated at the same time.

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true

question

Representatives can help us achieve better outcomes as long as we choose someone who is similar to us.

answer

false

question

A principal's relationship concerns can conflict or interfere with other important interests, and using a representative in his or her stead can eliminate this problem.

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true

question

Implementing Six Hats Thinking when negotiating requires all participants to wear the same color hat at the same time.

answer

true

question

Having an audience during a negotiation does not have any appreciable effect on the negotiators.

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false

question

A downside to coalitions is that parties that bring more resources to the coalition may demand a greater share of whatever value is eventually created.

answer

true

question

A coalition should engage in its own internal negotiation before it can negotiate with the larger group.

answer

true

question

In what ways do multiparties make negotiating more complex?

answer

Multiparty negotiations add informational complexity, social complexity, procedural complexity and strategic complexity to the process, all of which require more preparation than one-on-one negotiations. The entire negotiation also takes more time to complete. Informational complexity is increased because the volume of information that must be processed increases dramatically. Social complexity is increased because the negotiation involves multiple relationships, conversations and motives, all of which must be managed. Procedural complexity is increased because when more parties are added, they must determine who goes first, second, third and so on to communicate these ideas. They must also structure the processes for building rapport and testing assumptions. Strategic complexity is increased because negotiators must attend to the strategies and tactics of each person at the table and decide how to respond.

question

What are some concerns to consider when using a representative?

answer

Representatives may be so committed to reaching an agreement that they forget about its contents. They might withhold information from the principal that, if shared, would impede a deal. If they have too much authority and your risk preferences are not aligned, they may use tactics that you do not like or take chances that you are not comfortable with to achieve a better outcome. They may not try hard enough to understand your interests and preferences. Even if they do understand them, they may attempt to satisfy their own interests rather than yours. They also might stop trying to improve the terms of the agreement once a minimally acceptable outcome has been achieved.

question

Describe several steps you can take to help manage multiparty negotiations.

answer

Identify non-negotiating stakeholders who can make negotiations go awry. Negotiate with your principals to find out what they want and need, and their priorities, before you meet with the other side. When your boss is involved, try to negotiate in a private setting and report back to your boss when you are finished. Know when and how to form a coalition. Spend enough time brainstorming about and debating substantive matters such as issues, interests, priorities and goals. Choose team member roles according to members' strengths. Negotiate the process when multiparty negotiations become too procedurally complex.

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hb 307 Final – Flashcards 133 terms

Charles Clay

133 terms

Preview

hb 307 Final – Flashcards

question

it is recommended process that termination meetings should be held

answer

in a neutral location, such as a conference room

question

alternative dispute resolutionn procedures, such as arbitration

answer

may be required of an employee by employer in lieu of a lawsuit

question

in a peer review board, employee represntatives are

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elected by coworkers

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an open door policy

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identified varies levels of management above an employees immediate supervisor that an aggrieved employee may contact

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the cornerstone and major benefit of mediation is

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that the parties involved maintain control over the settlement outcome

question

federal and state courts generally view the privacy rights of employees as

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minimal

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the concern in a workplace romance is

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employer liability

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the ombudsman is an advocate for

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a fair process

question

discharge for refusing to violate a professional code of conduct falls under which exception to employment at will?

answer

violation of public policy

question

employers defend their intrusion into employee privacy by noting

answer

their legitimate business interest

question

it is estimated that __ of employees in the us work without benefit of an employemen contract

answer

80 percent

question

which of the following is not an example of how an implied contract may become binding?

answer

failing to create an employee handbook or conducting performance appraisals on a routine basis

question

an advantage of impairment testing is

answer

it identifies employees who are impaired for reasons other than drug use

question

employers should use all of the following guidelines in developing a search policy except

answer

engage in search publicly, so employees understand that searches do take place

question

these agreements prohibit exemployees from soliciting clients or customers for a specific period of time and from disclosing or making use of confidentail employer information

answer

nonpiracy agreement

question

__ is the most frequent EEO complaint

answer

retaliation

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which management group has primary responsibility for the development of disciplinary policies and procedures?

answer

HR department

question

a gallup oll found that the average employee with internet access spends more than __ per day surfing websites that have nothing to do with their jobs

answer

an hour

question

carmen, a new supervisor, wants to correctly document the poor performance of an employee. what of the following would she not have to do?

answer

perform a current performance appraisal

question

the __ prohibits educational institutions from supplying information about students without prior consent

answer

federal education rights and privacy act

question

the __ prohibits the interception, recording, or disclosure of wire, electronic, and aural communications through any electronic, mechanical, or other device. an interception takes place when an employer monitors a telephone call while it is occuring. permits employer monitoring for legit reasons

answer

electronic communications privacy act

question

joint discussion and problem solving activities to overcome employee misconduct are central to

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positive discipline programs

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at the second step of a positive discipline system to correct undesirable employee conduct, managers will issue a __ to employees to improve their unacceptable performance

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written reminder

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the __ applies to federal agencies and to organizations supplying goods or services to the federal government; gives the individuals the right to examine references regarding employment decisions, allows employees to review their personnel records for accuracy. Employers who willfully violate the act are subject to civil rights

answer

privacy act

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a duke study found that morbidly obese workers file __ compensation claims and take __ to recover from injuries

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more, longer time

question

lack of personal fulfillment in a job may be a symptom of

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burnout

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when dealing with stress, receiving inadequate feedback on performance and no recognition for a job well done is known as

answer

low reward

question

the __ department is usualy responsible for the safety program for most employers

answer

question

under OSHA __ employers are required to train employees as required by OSHA standards

answer

employers

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jobs least likely to cause cumulative trauma disorder would be

answer

outside salesperson

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injuries that result from workers using the same motions again and again are known as

answer

cumulative trauma disordersA

question

in terms of workplace violence, which of the following should organizations avoid?

answer

refraining from hiring persons with arrest records

question

most employers should recognize that alchoholism is a

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disease that follows a rather predictable course

question

if a supervisor suspects that a subordinate has a sever drinking problem, the action to be avoided is

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confronting the employee with his or her alcoholism during the first meeting and threatening dismissal if the employee does not seek help

question

stress becomes __ when we begin to sense a loss of our feelings of security and adequacy

answer

distress

question

a recent study by liberty mutual found that employers saved __ dollars for each dollar invested in workplace safety

answer

three

question

according to a national highway traffic safety administration study, people who send texts while driving are __ times more like to crash

answer

three

question

under the occupational safety and health act, the us department of labor may do anyt of the following except

answer

close plants that are extremely dangerous

question

osha may adjust penalties for violations for all of the following except

answer

employers ability to pay

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voluntary protection programs

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attempt to get employers to go beyond the basics of osha law and provide workers with better protection on the job

question

material safety data sheets

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are a primary method of informing employees about health risks and handling instructions associated with chemicals and potentially hazardous substances

question

an OSHA investigation of valid employee complaints of alleged violations of standards or of unsafe or unhealthful working condition is a __ priority

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third level

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penalties for violation of safety rules by the employees are usually stated in the

answer

employee handbook

question

which of the following would not be considered a recordable case under osha

answer

employee's finger is cut at home

question

to obtain employee input regarding benefits packages, employers of use

answer

opinion surveys

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flexible benefit plans

answer

allow employees to choose benefits suited to their needs

question

the social security insurance program is funded by

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employee contributions with matching employer contributions

question

tax revenues derived from social security pay for each of the following benefits, except

answer

unemployment

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the amount of survivors insurance benefits paid by social security

answer

is based on the workers lifetime earnings covered by SS

question

a typical unemployment insurance program does not require that

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recipients must bewilling to accept any job that is offered to them

question

unemployment compensation payments to individuals vary according to

answer

the type of job held off before layoff

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the qualify for old age benefits, a person must reach retirement age and have earned

answer

40 credits

question

under the family and medical leave act, if an employee is returned to an equivelant job, rather than their original job, it must have

answer

identical pay, benefits, and terms of employment

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despite its high unemployment rate, in 2011, __ became the first state to cut the number of weeks to 20 because its unemployment fund was so far in the red

answer

michigan

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orgs of physicians and other health care professionals that provide a wide range of services ot subscribers on a prepaid basis are known as

answer

health maintenance orgs

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groups of physicians that contract with an employer to provide medical resources on a more cost-efficient basis in exchange for a greater share of patients are known as

answer

preferred provider organizations (PPOs)

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beginning in 2014, firms that employ __ or more people who work 30 or more hours per week but do not offer them health insurance will have to pay a penalty to the goverment

answer

question

disease management programs

answer

assist employees by providing information on monitoring and treating health conditions

question

the health insurance protability and accountability act

answer

grants employees the right to switch medical insurance between former and present employers

question

federal government employees can usually be expected to paid for __ holidays a year

answer

question

a __ is a plan in which employees fund account by having money deducted from their paychecks

answer

flexible spending account

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a pension plan where contributions are made solely by toe empoyer is referred to as a

answer

noncontributory plan

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a pension plan where the amount that employee is to receive upon retirement is set forth in advance is referred to as a

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defined-benefit plan

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vesting guarantees

answer

accrued pension benefits at retirement age

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employer-sponsored child care programs and elder care programs are similar in that

answer

both programs try to maintain or increase productivity by assisting employees with their responsibilties outside the workplace

question

workers compensation insurance may be provided through private or __ insurance

answer

state funded

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employers pay for workers compensation insurance in __ states

answer

all

question

contemporary reasons given by organizations for implementing incentive plans are

answer

high productivity, employee efforts on specific performance targets, to link compensation rewards to achievement

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when setting performance measures for incentive systems, we can say that the best measures are

answer

quantitative, simple to understand, and show a clear relationship to improved performance

question

when employees receive a certain rate for each unit produced, they are working under

answer

straight peicework

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when employees receive a right rate of pay for all of their work if production exceed a standard level of output, they are getting

answer

differential piece rate

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research shows that a merit increase in the range of ___ is necessary to serve as a pay motivator

answer

7 to 9 percent

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if employees pay is based not on the actual amount of time it takes them to complete a job but instead on a predetermind aount of time for completing the job

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standard hour plan

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an appropriate reward for a customer service rep who worked long hours to fill a new customer's large order is a

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spot bonus

question

the straight commission plan is limited by all of the following disadvantages, except

answer

salespeople will stress low-priced products

question

in most profit sharing plans, about __ of the net profit is shared

answer

20 to 25 percent

question

management should guard against incentive payments being seen as

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an entitlement

question

special benefits given to executive employees, such as assigned chauffers, country club memberships, and special vacation policies, are known as

answer

perequisites

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group incentive plans do all except

answer

reduce free-ride effect

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a problem with creating team incentive plans is

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not all teams are alike

question

the gainsharing plan that has as its most significant feature effective employee participation through committee representation is

answer

the scanlon plan

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the philosophy behind the scanlon plan is

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employees should make suggestions to improve performance and be rewarded for their contributions

question

profit sharing refers to any procedure by which an employer pays employees

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current or deferred sums based on the organizations financial performance

question

noncash incentive rewards are most effective as motivators when the award

answer

is combined with a meaningful employee recognition program

question

performance of sales people can be affected by all of the following external factors except

answer

change in the sales volume standard

question

a sales incentive plan that permits salespeople to be paid for performing various duties not reflected immediately in their sales volume is known as

answer

a straight salary plan

question

common output measures for producitivity include

answer

sales

question

advantages of ESOPs include all the following except

answer

the employers pensions are less vulnerable due to diversification

question

the most widely used sales incentive program is the ____ plan

answer

combined salary and commission

question

elements of the compensation package are said to have __ when an employee's high performance leads to monetary rewards that are valued

answer

instrumentality

question

elements of the job such as skills, effort, responsibilities, and working conditions are referred to

answer

compensable factors

question

the predominant approach to employee compensation

answer

job based pay

question

another basis for compensation centers on whether employees are classified as nonexempt or exempt under the

answer

fair labor standards act

question

which of the following is not an internal factor affectng the pay mix?

answer

cost of living

question

the biggest challenge with competence based pay is

answer

developing appropriate measures of skills and competencies

question

the major provisions of which act are concerned with minimum wage rates and overtime payments, child labor, and equal rights

answer

fair labor standards act

question

the fair labor standards act prohibits the employment of those between the ages of __ in hazardous occupations such as mining, logging and meatpacking

answer

16-18

question

the equal pay act prohibits wage discription based on

answer

gender

question

____ may create problems for managers who wish to maintain pay secrecy among employees

answer

internet salary survey data

question

when cost of living pay increases are given routinely, employees may view them as ___

answer

entitlements

question

pay for the performance programs

answer

tie rewards to employee effort

question

when the organization pays wages that are relatively equal to that of other employers for similar work, this is the basis of

answer

external equity

question

there is a reason to believe pay secrecy can do all except

answer

generate feelings of commitment

question

employees covered by the overtime provisions of the fair labor standards act are labeled

answer

nonexempt employees

question

under the fair labor standards act, exempt employees

answer

are those employees not covered by the overtime provisions of the act

question

equity is also known as

answer

distributive justice

question

the measure of average change in the prices over time in a fixed market basket of goods and services is known as

answer

the consumer price index

question

clauses found in labor agreements that periodically adjust compensation rates upwards to help employees maintain their purchasing power are known as

answer

escalator clauses

question

with respect to pay equity theory, which of the following is not considered an input?

answer

salary

question

managers often first assume poor performance of subordinates is due to

answer

lack of ability

question

research suggests that when it comes to our performance, most of us first attribute our bad performance

answer

external constraints

question

employees who earn performance-based pay are more

answer

satisfied

question

reasons for not using peer appraisals more frequently is not because

answer

adverse court decisions

question

if your primary objective for a performance appraisal is to give employees developmental feedback, which of the following appraisal methods should you use?

answer

behavioral

question

if an appraisal focuses on a narrow set of results criteria to the exclusion of the other important process issues, the system may suffer from

answer

criterion deficiency

question

requirements for successful MBO programs include all of the following except

answer

both trait and critical incident objectives must be set

question

the choice of an appraisal method should be largely based on

answer

the purpose of the appraisal

question

which is not a reason for failure of performance management systems

answer

they are too simple

question

the appraisal interview should be divided into two sessions one each for

answer

performance review and developmental planning

question

tips for using criticism constructively includes all of the following except

answer

use the sandwhich technique

question

it is recommended that a diagnosis of poor employee performance focus on all of the following except

answer

personality

question

if a manager rates an employee higher than he or she deserves in order to look good as a manager in the eyes of his or her own superiors, this is an example of

answer

organizational politics

question

what is not an advantage of the trait method appraisals?

answer

high potential for rating errors

question

the strategic relevance of performance appraisals refers

answer

the extent to which standards relate to the overall objectives of the organization

question

the courts have found that

answer

orgs should have carefully defined and measurable performance standards

question

in most instances, who is in the best position to perform the function of appraising an employee's performance

answer

the employees supervisor

question

one advantage of peer appraisals is that

answer

peers may furnish more accurate and vaild informaton than supervisors

question

a performance rating error in which the appraiser is reluctant to give employees either unusually high or usually low ratings is referred to as a

answer

error of central tendency

question

a performance rating error in which the appraiser tends to give employees either unusually high or unusually low ratings is referred to as a

answer

leniency or strictness error

question

if you rate an employees performance based largely on the employees recent behavior, you are committing a

answer

recency error

question

if you rate an someone high because everyone else was love you are committing a

answer

contrast error

question

if you inflate the evaluation of the people with whom you have something in common, you are committing a

answer

similar to me error

question

disadvantages of the essay method include all of the following except

answer

it must follow a job-specific format

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Alternative Dispute Resolution Business Law Legal Management Uniform Commercial Code

Ch 3 and 4 quiz – Flashcards 40 terms

Brad Bledsoe

40 terms

Preview

Ch 3 and 4 quiz – Flashcards

question

All courts require arbitration before a case goes to trial.

answer

False

question

Velvety Pancake House, Inc., a U.S. firm, and Wallaby Waffles, Ltd., an Australian firm, enter into a contract that does not have a forum-selection or choice-of-law clause. Litigation between Velvety and Wallaby over a dispute involving this contract may occur in

answer

Australia, the United States, or both.

question

Few corporate lawsuits are settled or dismissed before they go to trial.

answer

False

question

A submission occurs when one of the parties to arbitration agrees to give up his or her claims.

answer

False

question

An arbitrator's award may be set aside if it was the result of corruption or fraud.

answer

True

question

A mini-trial is a private proceeding in which each party's attorney argues the party's case before the other party.

answer

True

question

Arbitration clauses are often found in contracts governing the international sale of goods.

answer

True

question

Seaside Hotels, Inc., adopts an alternative dispute resolution (ADR) program. Tess, a current employee, signs an agreement under which arbitration is subject to "Seaside's rules, with the employee to bear all costs of the proceeding." When a dispute arises, Tess refuses to arbitrate. Seaside files a suit to compel arbitration. The court will most likely

answer

refuse to order arbitration if Tess lacks the ability to pay.

question

A court's scope of review on the appeal of an arbitrator's award may be restricted.

answer

True

question

The federal government enforces agreements to arbitrate disputes between private parties.

answer

True

question

Lamont files a suit against Melvin. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is

answer

arbitration

question

Berle, a dairy farmer, and Clover Creamery, Inc., are engaged in court-annexed arbitration proceedings. The award will be binding on

answer

neither Berle nor Clover.

question

Virtually any dispute can be the subject of arbitration.

answer

True

question

An arbitrator's error in judgment is sufficient to provide a basis for overturning an award.

answer

False

question

Rocko Corporation, a U.S. firm, and Siena, S.A., a Columbian firm, enter into a contract providing that any dispute between them will be heard in a specific British court. Litigation between Rocko and Siena over a dispute involving this contract may occur in

answer

the specified British court only.

question

To resolve a dispute, Ripley in South Dakota and Tyler in Utah utilize Virtual Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

answer

not at all.

question

Deepwell Drilling Service and Eco-Refuge, Inc., agree to have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to

answer

do nothing.

question

Pixie files a suit against Quiver. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who imposes a resolution on the parties. This is

answer

arbitration

question

Donatello files a suit against Erasmus. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without the involvement of a third party. This is

answer

negotiation

question

Most states do not enforce agreements to arbitrate disputes between private parties.

answer

False

question

An action may be legal but not ethical.

answer

True

question

Ryan, the owner of SuperMart Stores, Inc., adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision affects

answer

the rights of others.

question

Restricting the bonuses that are paid to executives is unethical.

answer

False

question

Sunny Energy Corporation engages in ethical behavior solely for the purpose of getting good publicity and thereby increasing profits. Sunny is

answer

not acting unethically.

question

Business ethics applies only to the owners, operators, and employees of corporations.

answer

False

question

Managers must apply different standards to themselves than they apply to their employees.

answer

False

question

Solid Tool Company's decision makers view a particular risk in the use of Solid's product as open and obvious. Continuing to market the product without telling consumers of the risk could be justified from a perspective of

answer

utilitarian ethics.

question

It may be unethical for a company with a product that is outlawed in one country to look elsewhere for a market.

answer

True

question

Ethical codes of conduct can set the ethical tone of a firm.

answer

True

question

Business ethics is consistent only with short-run profit maximization.

answer

False

question

To assist in detecting illegal bribes, Cut Rite Contractors, Inc., and all U.S. companies, must

answer

keep records that "accurately and fairly" reflect financial activities.

question

Fealty Credit Corporation asks its employees to evaluate their actions and get on the ethical business decision-making "bandwagon." Guidelines for judging individual actions include all of the following except

answer

loopholes in the law or company policies.

question

Any decision by the management of Fast-Food Franchise Corporation may significantly affect its

answer

Correct operators, owners, suppliers, the community, or society as a whole.

question

In business deals, Felipe, the chief executive officer of Glazed Donuts, Inc., follows duty-based ethical standards. These are most likely derived from

answer

philosophical reasoning.

question

Chuckie, president of DrinkUp Fresh Beverages, Inc., does not apply utilitarianism to business ethical issues. One problem with utilitarianism is that it

answer

tends to justify human costs that many find unacceptable.

question

A business firm can sometimes predict whether a given action is legal.

answer

True

question

The role played by women may present some difficult ethical problems for firms doing business internationally.

answer

True

question

DeLouse Plastics Corporation pays its executives an excessive amount relative to other employees and to what executives at competitive companies are paid. This is most likely to be challenged as

answer

unethical only.

question

Ethics is concerned with the fairness or justness of an action.

answer

True

question

Kennedy Capital Corporation provides other firms with funds to expand operations. If Kenney strictly complies with existing laws, the firm will

answer

fulfill some business ethics obligations.

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Alternative Dispute Resolution Consumer Protection Laws Federal Trade Commission Motor Vehicle Safety

Business and society 15 – Flashcards 25 terms

Jazzlyn Howe

25 terms

Preview

Business and society 15 – Flashcards

question

A prime social responsibility of business is to safeguard customers

answer

While continuing to supply them with goods and services they want.

question

Consumers have become more dependent on businesses for product quality because

answer

The complexity of products makes choices complicated for customers

question

Which organization brings together 300 nonprofit groups to espouse the customer viewpoint

answer

Consumer Federation of America

question

Which of the following statements is not true about the organization Consumer Reports

answer

It is supported by the federal government

question

A goal of the consumer movement is to make consumer power

answer

An effective counterbalance to the rights and powers of firms that sell goods and services.

question

The "right to be heard" assures that consumers interest will:

answer

Receive full and sympathetic consideration

question

The act that requires lenders to inform borrowers of the annual rate of interest to be charged, plus related fees and services charge is called:

answer

The Truth in Lending Act

question

In the United States, which of the following agencies enforces the laws prohibiting deceptive advertising?

answer

Federal Trade Commission

question

The law requiring that toys and infant products be tested before sale is called the

answer

Consumer Product Safety Improvement Act

question

Manufacturers making false or misleading claims about a competitor's product is

answer

Illegal and unethical

question

Before deregulation, government agencies

answer

Held prices artificially high, shielding businesses petition

question

Which of the following limits the collection of information online from and about children under the age of 13?

answer

The Children's Online Privacy Protection Act

question

The main responsibilities of the natural Highway Traffic Safety Commission is to:

answer

Set motor vehicle safety standards

question

Which of the following is a mission of the Food and Drug Administration?

answer

To assure the safety and effectiveness of a wide range of consumer products.

question

The major federal consumer protection agencies are authorized by law to:

answer

A. Intervene directly into the very center of free market activities, if that is considered necessary to protect customer. B. Substitute government mandated standards for decision making by private buyers and sellers.

question

Online shoppers have always been concerned that:

answer

Information they reveal in the course of a sales transaction might be misused.

question

An identifying marker placed on a user's computer hard drive during visits in order to identify the user during each subsequent visit and to build profiles on their behavior overtime is called a:

answer

question

Advertising that is targeted to particular customers, based on the observed online behavior, is called:

answer

Behavioral advertising

question

When businesses adopt voluntary policies for protecting the privacy of individuals information disclosed during electrical transactions, this is called:

answer

Industrial self-regulation

question

Under what legal doctrine does a firm bear legal responsibilities for injuries caused by something it made or sold, whether or not it was negligent or breach of warranty?

answer

Strict liability

question

Many companies have argued that the evolution of strict liability has

answer

Unfairly burden them with excess cost

question

Under proposals to establish a uniform federal standard for determining liability

answer

Companies would not have to go through repeated trials on the same charges in different states

question

One alternative to product liability lawsuit is called

answer

Alternative dispute resolution

question

In some cases, businesses have band together to agree on how they will treat their customers. This is called:

answer

Voluntary industri codes of conduct

question

Businesses take that a number of measures respond voluntary to customer demands. Which of the following is an example of such a measure?

answer

Consumer call centers.

STUDY

Alternative Dispute Resolution Business Law Hearing

Business Law Chapter 3 True/False – Flashcards 39 terms

Patrick Turner

39 terms

Preview

Business Law Chapter 3 True/False – Flashcards

question

the process of bringing, maintaining and defending a lawsuit is called litigation

answer

true

question

a plaintiff must file an answer to the defendant's complaint

answer

false

question

a defendant who fails to answer the complaint will have a default judgment entered against him or her

answer

true

question

in a cross-complaint, the defendant sues the plaintiff

answer

true

question

a defendant may not answer and file a cross-complaint at the same time

answer

false

question

a plaintiff's response to a defendant's cross-complaint is called a reply or an answer

answer

true

question

a defendant's answer usually denies most allegations of a complaint

answer

true

question

third parties who have an interest in a lawsuit between a plaintiff and a defendant may not become parties to that lawsuit

answer

false

question

consolidation of cases involves combining two or more separate lawsuits into one lawsuit

answer

true

question

despite the electronic age, electronic filings of pleadings, briefs, and other documents is not acceptable when handling a lawsuit

answer

false

question

the statute of limitations begins to run at the time the plaintiff first has the right to sue the defendant

answer

true

question

there is only one type of statute of limitations, and that is the one established by the federal government

answer

false

question

a deposition is written questions submitted by one party to a lawsuit to another party

answer

false

question

one party to a lawsuit may request that the other party produce all documents that are relevant to the case before trial

answer

true

question

interrogatories are oral testimony given by a party or witness prior to trial

answer

false

question

if a plaintiff is injured in an auto accident and is seeking damages for physical injury, a court can order that party to submit to a physical examination to determine the extent of his or her injuries

answer

true

question

a motion for judgment on the pleadings may only be made by the plaintiff once the pleadings are complete

answer

false

question

the trier of fact determines factual issues

answer

true

question

motions for summary judgement are supported by evidence outside of the pleadings

answer

true

question

a settlement conference is a pretrial hearing that is designed to facilitate the settlement of a case

answer

true

question

more than 90 percent of all cases are settled before they go to trial

answer

true

question

when deciding to bring a lawsuit, one should consider the unpredictability of the legal system and the possibility for error

answer

true

question

each party must submit a trial brief at the time that contains legal support for its side of the case

answer

true

question

voir dire is a process of selecting individuals to hear specific cases

answer

true

question

a defendant presents his or her case before the plaintiff presents his or hers

answer

false

question

for a trial to be conducted with a jury, both parties must request a jury trial

answer

false

question

when the defendant calls additional witnesses and introduces other evidence to counter the plaintiff's rebuttal, this is known as rejoinder

answer

true

question

in a civil case, the judge may not reduce the amount of monetary damages awarded by the jury

answer

false

question

in a civil case, only the defendant may appeal the trial court's decision once a final judgment is entered

answer

false

question

another name for an appellant is the petitioner

answer

true

question

an appellate court will not reverse a lower court decision if it finds an error of law in the record

answer

false

question

the unique aspect about appeals is that notice of the appeal is not necessary so long as the appeal is filed within a reasonable time after judgment is entered

answer

false

question

an arbitrator's decision is generally known as a judgment

answer

false

question

the Uniform Arbitration Act is a federal statute that applies to all states

answer

false

question

the U.S. Supreme court has upheld the use of arbitration to solve employment disputes

answer

true

question

the Federal Arbitration Act provides that arbitration agreements concerning commerce are valid, irrevocable, and enforceable contracts unless some grounds exist at law or equity to revoke them

answer

true

question

in a mediation, the parties choose an interested third party to act as a mediator

answer

false

question

a mini trial is a session whereby representatives of each side hear lawyers of each side present their case which is then followed by a meeting to negotiate a settlement

answer

true

question

a judicial referee's decisions may act only as possible considerations for a case's outcome, not as a judgment of the court

answer

false

STUDY

Alternative Dispute Resolution AP Government Civil Law Civil Procedure Political Science Politics of the United States Supreme Court Texas Supreme Court

Chapter 11: Judicial Branch – Flashcards 28 terms

Kolby Cobb

28 terms

Preview

Chapter 11: Judicial Branch – Flashcards

question

The court that is responsible for formulating the rules of civil procedure is the

answer

Texas Supreme Court

question

The Texas Supreme Court does all the following, except

answer

fill vacancies in state district courts when they arise

question

Which of the following courts lack criminal jurisdiction?

answer

Texas Supreme Court

question

Members of the Supreme court?

answer

2 of 9 justices are women

question

Disputes concerning business contracts, divorce, family matters and personal injury involve

answer

civil law

question

In Texas, nearly all judges are chosen by a

answer

partisan election

question

Approximately one-third of all lawsuits are tried by a (an)

answer

judge

question

The court that requires no qualifications to be a judge is a

answer

Justice of the Peace

question

The most important role in disciplining judges is now played by the

answer

Texas Commission on Judicial Conduct

question

Of the judges of local courts, which must be an attorney licensed to practice law in Texas?

answer

County court at law judge.

question

In a civil jury trial in a state district court, the judge

answer

applies the law, and the jury finds on the facts.

question

How many district courts do we have in the Houston area?

answer

question

Which statement regarding the appellate division of the Texas courts is incorrect?

answer

District courts are appellate when hearing appeals of probate cases.

question

A party to a civil case who was dissatisfied with the outcome in the trial court could next proceed to a court with

answer

appellate jurisdiction

question

State district courts have civil jurisdiction in all the following instances, except

answer

municipal ordinances.

question

Texas courts that have exclusive original jurisdiction over slander are

answer

state district courts

question

Justices of the peace in Texas have jurisdiction over all the following, except

answer

divorces

question

A court that hears and decides cases tried for the first time has

answer

original jurisdiction

question

Which of the following courts mainly exercises original jurisdiction?

answer

State district courts

question

A court that has specific authority to decide a particular type of case has

answer

exclusive jurisdiction.

question

When a case can be heard by only one court, that court is said to have

answer

exclusive jurisdiction

question

Which of the following courts lacks criminal jurisdiction?

answer

Texas Supreme Court

question

The type of case appealed directly to the Texas Court of Criminal Appeals is that of a

answer

capital felony conviction with imposed death sentence.

question

To be a practicing attorney in the State of Texas, a lawyer must be

answer

a member of the State Bar of Texas

question

Indictments are prepared in grand jury proceedings if at least _________ members decide that there is enough evidence to warrant a trial.

answer

nine

question

Grand juries in Texas are composed of __________ members.

answer

twelve

question

Petit or trial juries in Texas are composed of __________ members.

answer

either six or twelve

question

Qualifications for serving on a trial jury in Texas include all the following except

answer

be able to read and write English.

STUDY

Alternative Dispute Resolution Business Law Business Management Natural Law Theory State And Federal Governments

Chapter 2 – The Legal System – Flashcards 105 terms

Lucas Davies

105 terms

Preview

Chapter 2 – The Legal System – Flashcards

question

Laws that are passed by federal or state legislatures are part of: a. common law b. statutory law c. constitutional law d. case law

answer

b. statutory law

question

After a bill passes in one house of the legislature, it becomes a/an: a. act b. bill c. amendment d. law

answer

a. act

question

The type of law that concerns relationships between individuals or between individuals and the government is called: a. tort law b. battery law c. fraud law d. civil law

answer

d. Civil Law

question

Medical professionals have a duty to report any unusual occurrence to the police including: a. rape b. child abuse c. elder abuse d. all of the above

answer

d. all of the above

question

Law are classified as: a. private and public b. case and common c. intentional and unintentional d. major and minor

answer

a. private and public

question

Fraud

answer

Promising that a miracle cure will work

question

False Imprisonment

answer

Not allowing a patient to leave before completing a procedure

question

Battery

answer

Performing a procedure without a signed consent

question

Assault

answer

Threatening to harm a patient if he or she does not cooperate with a treatment regimen

question

Defamation of Character

answer

Saying something negative about another physician to a patient

question

Invasion of Privacy

answer

Publicizing private information about a patient

question

Under tort law, if a wrongful act has been committed against another person and there is no harm done then there is no tort. True or False

answer

True

question

Civil law includes tort law and contract law. True or False

answer

True

question

Constitutional law applies to private entities, including businesses and individuals. True or False

answer

False

question

Legislatures sometimes authorize agencies to make law. True or False

answer

True

question

The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack.

answer

Assault

question

The actual intentional striking of someone, with intent to harm, or in a rude and insolent manner even if the injury is slight

answer

Battery

question

The act of making untrue statements about another which damages his/her reputation.

answer

Defamation of Character

question

Duress is defined as making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means

answer

Duress Fraud

question

The intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded the right to bring a lawsuit for damages against the person or entity that intruded

answer

Invasion of Privacy

question

Referring to a civil action against a person who allegedly said or did something so outrageous or insulting to the plaintiff that he or she suffered subsequent emotional damage

answer

Tort of Outrage

question

Influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences

answer

Undue Influence

question

A branch of law that covers regulations set by government agencies

answer

Administrative Law

question

Imminent apprehension of bodily harm

answer

Assault

question

Bodily harm and unlawful touching (touching without consent of patient)

answer

Battery

question

Evidence that is almost an absolute certainty that a person did commit a crime

answer

Beyond a Reasonable Doubt

question

Neglect of an understanding between two parties; failing to perform a legal duty

answer

Breach

question

The failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure to perform a contractual duty

answer

Breach of Contract

question

Also called common law, case law is based on decisions made by judges

answer

Case Law

question

Designed by the framers of the Constitution so that no one branch of government would have more power than another and so that each branch of government is scrutinized by other branches of government

answer

Checks and Balances

question

Relationships between individuals or between individuals and the government, which are not criminal

answer

Civil Law

question

Lawsuit filed by one or more people on behalf of a larger group of people who are all affected by the same situation

answer

Class Action Lawsuit

question

Closing speech or summary made by the attorneys for both the plaintiff and the defendant

answer

Closing Argument

question

Also called case law, common law is based on decisions made by judges

answer

Common Law

question

Capable of making a decision without mental confusion due to drugs, alcohol, or other reasons

answer

Competent

question

In contract law, consideration is something of value given as part of the agreement

answer

Consideration

question

The inviolable rights, privileges, or immunities secured and protected for each citizen by the Constitution of the United or by the constitution of each state

answer

Constitutional Law

question

The division of law that includes enforceable promises and agreements between two or more persons to do or not to do a particular thing

answer

Contract Law

question

One in which court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty

answer

Criminal Case

question

Set up to protect the public from the harmful acts of others

answer

Criminal Laws

question

Making false and/or malicious statements about another person; includes libel and slander

answer

Defamation of Character

question

Person or group of people sued civilly or prosecuted criminally in a court of law

answer

Defendant

question

Oral testimony that is made before a public officer of the court to be used in a lawsuit

answer

Deposition

question

The legal process by which facts are discovered before a trial

answer

Discovery

question

The illegal appropriation of property, usually money, by a person entrusted with its possession

answer

Embezzlement

question

A medical practitioner or other expert who, through education, training, or experience, has special knowledge about a subject and gives testimony about that subject in court, usually for a fee

answer

Expert Witness

question

An agreement that is entered into orally or in writing

answer

Expressed Contract

question

A serious crime that carries a punishment of death or imprisonment for more than on year. Ex. Murder, rape, robbery, and practicing medicine without a license

answer

Felony

question

Deceitful

answer

Fraudulent

question

An agreement that is made through inference by signs, inaction, or silence

answer

Implied contract

question

A written charge presented to the court by the grand jury against a defendant

answer

Indictment

question

Occur when a person has been intentionally or deliberately injured by another

answer

Intentional Torts

question

The power to hear a case

answer

Jurisdiction

question

Any publication in print, writing, pictures, or sign that injuries the reputation of another person

answer

Libel

question

A dispute that has resulted in one party suing another

answer

Litigation

question

Less serious offenses that felonies; punishable by fines or imprisonment of up to one year. These include traffic violations and disturbing the peace

answer

Misdemeanors

question

A person or group of people suing another person or group of people; the person who instigates the lawsuit

answer

Plaintiff

question

Formal written statements

answer

Pleadings

question

Evidence showing that more likely than not the incident occurred

answer

Preponderence of Evidence

question

A person who brings a criminal lawsuit on behalf of the government

answer

Prosecutor

question

Rules or laws made by agencies

answer

Regulations

question

Speaking false and malicious words concerning another person that brings injury to his or her reputation

answer

Slander

question

Let the decision stand

answer

Stare decisis

question

Laws enacted by state and federal legislatures

answer

Statutues

question

Court order for a person or documents to appear in court

answer

Subpoena

question

Under penalty take with you, a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition

answer

Subpoena duces tecum

question

Judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings

answer

Summary Judgment

question

A civil injury, or wrongful act, committed against another person or property that results in harm and is compensated in money damages

answer

Tort

question

Such as negligence, occur when the patient is injured as a result of the healthcare professional's not exercising the ordinary standard of care

answer

Unintentional Torts

question

Give up a right

answer

Waive

question

Legislative Branch:

answer

Lawmaking body (Senate and House) originates legislation

question

Executive Branch:

answer

President, cabinet, and advisors enforces the law

question

Judicial Branch:

answer

Judges and Federal Courts; interprets the law

question

Sources of the Law:

answer

Constitutional Law Statutory and Regulatory Law Common or Case Law

question

Address relationship between individual and their government

answer

Constitutional Law

question

Passed by legislative bodies; either Congress or State Legislature

answer

Statutory and Regulatory Law

question

Established from court decisions

answer

Common or Case Law

question

Classification of Laws:

answer

Private/Civil or Public

question

Private/Civil Law are made up of:

answer

Tort, Contract, Property, Inheritance, Family, and Corporate

question

Public Law is made up of:

answer

Criminal, Admin, Constitutional, and International

question

Civil (Private) Law:

answer

- Concerns relationships between individual or between individual, businesses, and government - Awards monetary damages - Includes tort law and contract law

question

Tort Law:

answer

- Civil injury or wrongful act committed against another person or property - Results in harm - Compensated by monetary damages - Can be intentional or unintentional

question

Intentional Torts:

answer

- Assault - Battery - False Imprisonment - Defamation of Character - Fraud - Invasion of Privacy

question

Unintentional Tort:

answer

Involves performing carelessly or failing to perform a task

question

Negligence:

answer

An unintentional action that occurs when a person either performs or fails to perform an action that a "reasonable" person would or would not have committed in a similar situation

question

Contract Law:

answer

Addresses breach or neglect or legally binding agreement between two parties

question

Contract:

answer

- Voluntary agreement between two parties with intent of benefiting each other - Something of value (consideration) is part of agreement - Both parties must be competent

question

Expressed Contract:

answer

Agreement entered into orally or in writing; all components of contract must be clearly stated

question

Implied Contract:

answer

Agreement shown through inference by signs, inaction, or silence

question

Abandonment:

answer

Withdrawing medical care from a patient without providing sufficient notice

question

Breach of Contract:

answer

Either party fails to comply with terms of agreement

question

Class Action Lawsuit:

answer

- Filed by one or more people on behalf of a larger group of people - The members of the group are all affected by

question

Public/Criminal Law

answer

- Protects public from harmful acts of others - Defines socially intolerable conduct that is punishable by the law - Government prosecutes person or institute that violates the law - Penalties are fine, imprisonment, or both - Felony or Misdemeanor

question

Two Court Systems in the U.S.:

answer

- State - Federal - Each has specific responsibility: Exclusive/Concurrent - Depends on type of case committed

question

Types of Court - Federal:

answer

-District - Court of Appeals (circuit court) - U.S. Supreme Court

question

Types of Court - State:

answer

- District (municipal) - State Court of Appeals - State Supreme Court

question

Trial Process:

answer

- Grand Jury consists of 12-23 private citizens - Hears evidence about case - Determines if case merits court hearing - Serves as filter - Votes on whether to move indictment to trial court

question

The Procedure:

answer

- Litigation may result when two parties are unable to solve a dispute by themselves - Plaintiff: The person or institution who brings an action into litigation - Defendant: The person or institution who is being sued - Settling out of court occurs when attorneys for both sides work out a settlement - Waive: Both parties give up their rights to a jury trial - Trial: Begins with opening statements made by attorney for each side of the case - Closing Argument: Attorneys for the plaintiff and defendant making closing speeches or summaries of their case - Appeal: Plaintiff or defendant may ask a higher court to review the decision

question

Summary Judgment:

answer

- Request made by attorney - Takes place in a civil trial

question

Discovery:

answer

Process by which facts are discovered

question

Deposition:

answer

Oral testimony before officer of the court

question

Subpoena duces tecum :

answer

Court order to appear in court and bring records

question

Standard of Proof: Civil Case:

answer

- Court looks at "preponderance of evidence" - Civil cases place weight on evidence that is more credible and convincing

question

Standard of Proof: Criminal Case:

answer

Needs proof beyond a reasonable doubt

question

Expert Witness:

answer

- Professional who has special knowledge or experience - Assists jury or judge in determining accuracy of facts of case - Often testifies to what standard of care

STUDY

Alternative Dispute Resolution Business Management Human Resource Management Improve The Work Environment Training

chapter 7 hr management – Flashcards 32 terms

Ben Russell

32 terms

Preview

chapter 7 hr management – Flashcards

question

which of the following is true of informal learning

answer

it is motivated by a personal intent to develop

question

which of the following is usually conducted first when performing a needs assessment in training process

answer

organizational analysis

question

? outcomes are used to measure the aquisition of knowledge

answer

cognitive

question

? is the process of identifying the knowledge, skills, jobs, and behaviors that need to be emphasized in behavior

answer

task analysis

question

to enhance the employee conscientiousness factor that influences the motivation to learn, an organization should

answer

communicate the need for learning

question

Which of the following is true of a support network in training?

answer

It is the support that trainees give one another to discuss their progress.

question

The last stage in the training design process is ensuring the transfer of training.

answer

false

question

The last step in an effective onboarding process is _____.

answer

connection

question

Which of the following types of skills is best improved by behavior-modeling training?

answer

interpersonal

question

Which of the following is an example of effective onboarding?

answer

Avoiding debasing new employees

question

Which of the following is true of instructor-led classroom instruction?

answer

This is one of the least time consuming ways to present information.

question

Adventure learning focuses on developing creativity through the use of simulations and video games.

answer

false

question

_____ involves development programs, courses, and events that are developed and organized by the company.

answer

formal training

question

In the context of factors that influence the motivation to learn, which of the following management actions is likely to increase employees' self-efficacy?

answer

Emphasizing that learning is under the employees' personal control

question

Which of the following is true of an action plan for training?

answer

It is a written document that ensures training transfers to the job.

question

Simulations can be used to teach production and process skills; however, they cannot be used to teach management and interpersonal skills.

answer

false

question

The first step in choosing a training method is to consider the extent to which the method facilitates learning and transfer of training.

answer

false

question

Which of the following is true about simulations as a training technique?

answer

They are methods used to represent real-life situations.

question

Action plans are developed to facilitate _____.

answer

transfer of training

question

In the training process, _____ analysis involves identifying the conditions such as equipment, environment, and time constraints.

answer

task

question

An individual who works in a country other than his or her country of origin is called a(n) _____.

answer

expatriate

question

If a training program focuses primarily on ensuring that employees have product or service knowledge, it is taking the strategic initiative to _____.

answer

improve customer service

question

The first step in task analysis is to

answer

identify the jobs to be examined

question

_____ analysis involves determining the business appropriateness of training, given the company's business strategy.

answer

organizational

question

Which of the following factors that influence motivation deals with an employee's tendency to be reliable, hardworking, self-disciplined, and persistent?

answer

Conscientiousness

question

in the onboarding process, the clarification step involves understanding company policies and rules.

answer

false

question

A disadvantage of distance learning is the high travel costs incurred during training.

answer

False

question

In the first step of the training process, person analysis and task analysis are often conducted at the same time.

answer

True

question

In the context of factors that influence the motivation to learn, when an organization seeks to convince employees that they can successfully learn the content of a training program, the organization is primarily focusing on improving

answer

the self-efficacy of the employees.

question

The first stage in the training design process involves ensuring that employees are ready for training.

answer

False

question

A firm focuses on organizational and person analysis during the _____ stage in the training design process.

answer

needs assessment

question

Pairing up expatriates and their families with an employee from the host country is likely to occur in the _____.

answer

on-site phase

STUDY

Alternative Dispute Resolution Employee Assistance Program Employee Stock Ownership Plan Full Time Employees Management Production And Distribution Costs

HRM Messiah Final – Flashcards 173 terms

Jaxon Wilson

173 terms

Preview

HRM Messiah Final – Flashcards

question

Terminating an employee for the use of illegal drugs is an example of

answer

Involuntary turnover

question

The employment at will doctrine

answer

Has eroded significantly in recent years

question

Blank involves the ends of a discipline process, while blank and blank focus on the means to those ends

answer

Outcome fairness, procedural justice, interactional justice

question

although the rate of inflation is only 2 percent, Jessi receives a 6 percent increase in salary. She is nonetheless dissatisfied with her salary increase due to Norvin's 9 percent increase. Jessie is likely to contend that there is a lack of:

answer

outcome fairness

question

The process through which organizations make decisions about who will or will not be allowed to join the organization is referred to as

answer

personnel selection

question

For most companies, the first step in the personnel selection process is

answer

screening the applications to see who meet the basic requirements for the job

question

At which stage in the selection process are supervisors and team members often involved?

answer

interviewing candidates

question

Which act prohibits preferential treatment in favor of minority groups?

answer

The Civil Rights Act of 1991

question

Under the Americans with Disabilities Act (ADA) of 1991:

answer

employers are required to make "reasonable accommodation" to disabled individuals.

question

Which of the following is an impermissible question for job applications and interviews?

answer

What is your height?

question

Which of the following is a disadvantage of using résumés as a source of information about job applicants?

answer

The information contained in it may not be accurate.

question

Generally, the organization checks references:

answer

after it has determined that the applicant is a finalist for the job.

question

If a person who is included as a reference by a job candidate gives negative information, there is a chance the candidate will claim ___, meaning the person damaged the applicant's reputation by making statements that cannot be proved truthful.

answer

defamation

question

cognitive ability tests

answer

are especially valid for complex jobs and those requiring adaptability.

question

a structured interview

answer

establishes a set of questions for the interviewer to ask.

question

A well planned interview should

answer

focus on the job and the organization

question

The process of arriving at a selection decision in which a very high score on one type of assessment can make up for a low score on another is termed the _____ model.

answer

compensatory

question

An organization's planned effort to help employees learn job-related knowledge, skills, abilities and behaviors is known as:

answer

training

question

What kind of a training plan are managers most likely to support?

answer

Training that will result in a significant improvement compared to its cost.

question

_____ is a combination of employee characteristics and positive work environment that permit training.

answer

readiness for training

question

Which of the following is NOT a characteristic of an effective training objective?

answer

Abstract performance standards

question

Which of the following training methods is best suited for conveying facts or comparing alternative processes?

answer

Presentation methods

question

The major disadvantage of distance learning as a training method is:

answer

the limited interaction between the instructor and students

question

Which of the following is a work-study training method that teaches job skills, usually a trade, through a combination of on-the-job training and classroom training?

answer

Apprenticeship

question

Which of the following statements about business games and case studies is true?

answer

Cases are designed to develop higher-order thinking skills.

question

Giving teams or work groups an actual problem, having them work on solving it and commit to an action plan, and holding them accountable for carrying out the plan describes:

answer

action learning

question

Employees are most likely to learn when the training:

answer

is linked to trainees' current job experiences and tasks.

question

Measures of training success generally include all of the following EXCEPT:

answer

increased training requirements in the organization.

question

The most accurate way to evaluate the training program is to:

answer

conduct pretests; train only part of the employees; and then, compare posttest results of both groups.

question

Training conducted during employees' first days on the job and designed to prepare employees to perform their jobs effectively, learn about the organization, and establish work relationships is known as:

answer

orientation

question

The content of a typical orientation program is NOT likely to include:

answer

salary data relating to organizational positions within the company.

question

Which of the following is a form of diversity training provided by some organizations that involves sending employees directly into communities where they have to interact with persons from different cultures, races, and nationalities?

answer

cultural immersion

question

Which of the following characteristics makes diversity training more effective?

answer

Training should be tied to business objectives.

question

Which of the following is true of the comparison between training and development?

answer

The goal of training is preparation for the current job, while the goal of development is preparation for changes in the current job.

question

Which of the following is a trend in executive education?

answer

Formal educational programs are being supplemented with other developmental activities.

question

According to the Myers-Briggs Type Indicator, extroverts gain energy through:

answer

interpersonal relationships

question

The Myers-Briggs Type Indicator could be helpful to a manager in all but one of the following situations. Name the exception.

answer

measuring the job performance of employees

question

What is an assessment center?

answer

A process in which multiple raters evaluate employees' performance on a number of exercises, usually as they work in a group at an off-site location.

question

When a team of five to seven employees is assigned a problem and must work together to solve it within a certain time period, which of the following techniques is being used?

answer

Leaderless group discussion

question

When using performance appraisals for development, all of the following are important EXCEPT:

answer

employees should be evaluated on personality rather than on behavioral considerations.

question

answer

question

Which of the following is a potential problem of job rotation?

answer

Employees typically develop a short-term perspective on problems and solutions.

question

A mentor is generally an:

answer

experienced, productive senior employee who provides feedback and coaching.

question

the 360 degree feedback process

answer

involves rating the individual in terms of work-related behaviors.

question

The process through which managers ensure that employees' activities and outputs contribute to the organization's goals is known as:

answer

performance management

question

The administrative purpose of a performance management system refers to:

answer

the ways in which organizations use the system to provide information for day-to-day decisions about salary, benefits, and recognition programs.

question

Performance management has a(n) _____ purpose, meaning that it serves as a basis for improving employees' knowledge and skills.

answer

developmental

question

The extent to which a performance measure gives guidance to employees about what is expected of them is called:

answer

specific feedback

question

Which of the following performance measurement methods requires managers to rank employees in their group from the highest performer to the poorest performer?

answer

Simple ranking

question

The performance measurement method that assigns a certain percentage of employees to each category in a set of categories is called:

answer

forced distribution

question

The _____ method of performance measurement compares each employee with each other employee to establish rankings.

answer

Paired comparison

question

If a manager considers one employee at a time and circles a number/word to signify the degree to which that employee demonstrates a particular trait, he/she is using a:

answer

graphic rating scale

question

In which performance technique are managers given three performance rating scales per dimension and asked to indicate whether the employee's performance is above (+), at (0), or below (-) the statements?

answer

Mixed standard scale

question

The performance management method that requires managers to rate the frequency with which the employee has exhibited a behavior during a rating period is the:

answer

behavioral observation scale

question

Which of the following is true of behavioral approaches to performance measurement?

answer

They link the company's goals to the specific behavior required to achieve those goals.

question

In which type of system are goals established and passed down through the organization, so employees at all levels are contributing to the organization's overall goals?

answer

management by objectives

question

The type of performance management system where a company assembles performance data on an individual from most or all of his/her contacts within and outside the company is known as:

answer

a 360 degree performance appraisal

question

Subordinates, as a source of performance information, are generally most appropriate when the performance results are to be used for:

answer

developmental purposes

question

Which of the following occurs when a rater compares an individual, not against an objective standard, but against other employees?

answer

contrast errors

question

This distributional error occurs when the reviewer rates everyone near the top of a rating scale.

answer

leniency

question

A(n) _____ is a gathering at which managers discuss employee performance ratings and provide evidence supporting their ratings with the goal of eliminating the influence of rating errors.

answer

calibration meeting

question

How does an organization promote fairness and reduce political behavior in the appraisal system?

answer

Train managers to use the appraisal process

question

Which of the following is effective feedback?

answer

"You did not meet the deadline."

question

To improve the performance of underutilizers, managers should:

answer

link rewards to performance outcomes

question

Lawsuits related to performance management usually involve charges of discrimination or:

answer

unjust dismissal

question

If an employee is dismissed on the grounds of poor performance immediately after he/she complained to higher authorities about the bad work ethics of his/her manager, the employee could file a(n):

answer

unjust dismissal lawsuit

question

Which of the following does an employer violate when he/she terminates an employee for refusing to do something illegal, unethical, or unsafe?

answer

Public Policy

question

When conducting a workplace search, employers can act fairly and minimize the likelihood of a lawsuit by:

answer

justifying that the organization has work rules that provide for searches

question

If employers covered by this federal law do not give notice to the employees (and their union, if applicable) of layoffs, they may have to provide back pay and fringe benefits and pay penalties as well. Identify this law.

answer

The Worker Adjustment Retraining and Notification Act

question

The principles of justice suggest that organizations prepare for problems by establishing a formal discipline process in which the consequences become more serious if the employee repeats the offense. Identify this process.

answer

progressive discipline system

question

A progressive discipline system:

answer

communicates unacceptable behavior and responds to a series of offenses with increasing forcefulness.

question

Conducting personal business online during work hours is called:

answer

cyberslacking

question

This stage of the alternative dispute resolution process works only to the degree that managers who hear complaints listen and are able to act. Identify this stage of the alternative dispute resolution process.

answer

open door policy

question

Based on the expectation that two people in conflict should first try to arrive at a settlement together, the organization has a policy of making managers available to hear complaints. Typically, the first "open door" is that of the employee's:

answer

immediate supervisor

question

Which stage of an alternative dispute resolution system is generally binding upon both parties?

answer

Arbitration

question

____ is a referral service that employees can use to seek professional treatment for emotional problems or substance abuse.

answer

Employee assistance program

question

Which of the following is true of employee assistance programs?

answer

They should be incorporated into an organization's discipline and dismissal program.

question

_____ tries to help people realize that losing a job is not the end of the world and that other opportunities exist.

answer

Outplacement counseling

question

Identify the correct statement about tasks and roles.

answer

Employees may feel conflict between work roles and family roles.

question

_____ is uncertainty about what the organization and others expect from the employee in terms of what to do or how to do it.

answer

Role ambiguity

question

Foreign assignments can be highly disruptive to family members, and the resulting role _____ is the top reason that people quit overseas assignments.

answer

conflict

question

This results when too many expectations or demands are placed on a person. After an organization downsizes, it may expect the remaining employees to experience this role. Identify it.

answer

role overload

question

The form of withdrawal which is likely to occur first is:

answer

behavior change

question

In terms of job dissatisfaction, an employee who calls in sick or arrives to work late is engaging in:

answer

physical withdrawal

question

Helen is very dissatisfied with her job situation, but she does not perceive any other employment opportunities, so she stays and spends most of the workday dreaming about nonwork matters. Which of the following behaviors is she experiencing?

answer

psychological withdrawal

question

Organizations can improve job satisfaction by:

answer

clarifying employees' roles by clearly spelling out work methods, schedules, and performance measures.

question

Which of the following is NOT a likely outcome or benefit of conducting annual employee satisfaction surveys?

answer

They provide evidence of the knowledge, skills, and abilities necessary to perform specific jobs.

question

This Act permits a lower "training wage," which employers may pay to workers under the age of 20 for a period of up to 90 days. Identify this act.

answer

FLSA

question

A _____ wage is essentially a minimum wage based on the cost of living in a particular region.

answer

living

question

An employee who earns $10 an hour and receives a weekly attendance award of $20 works 50 hours this week (Overtime pay is required, whether or not the employer specifically asked or expected the employee to work more than 40 hours). His/her total compensation for the week will be:

answer

570

question

Which of the following statements is true about the FLSA requirements of employee overtime payment?

answer

Overtime must be paid whether or not the employer specifically asked or expected the employee to work the extra hours.

question

Decisions about how to respond to the economic forces of product markets and labor markets limit an organization's choices about:

answer

pay structure

question

The federal government tracks trends in the nation's cost of living with a measure known as the:

answer

Consumer Price Index

question

The procedure through which an organization compares its own practices to those of successful competitors is known as:

answer

benchmarking

question

compensable factors

answer

are the characteristics of jobs that a firm values and chooses to pay for.

question

_____ are sets of jobs having similar worth or content, grouped together to establish rates of pay.

answer

pay grades

question

The compa-ratio

answer

measures the degree to which actual pay is consistent with the pay policy.

question

Pay specifically designed to energize, direct, or control employees' behavior is known as:

answer

incentive pay

question

Which of the following types of incentive pay plans are designed to provide pay for individuals' performance?

answer

merit pay

question

Retention bonuses refer to:

answer

one-time incentives paid in exchange for remaining with the company.

question

When an employee's pay is calculated as a percentage of sales, the employee is being paid under a:

answer

commission plan

question

Which of the following incentive programs measures improvements in productivity and effectiveness and distributes a portion of each gain to employees?

answer

gainsharing

question

What is profit sharing?

answer

An incentive pay in which payments are a percentage of the organization's profits and do not become part of the employees' base salary.

question

Identify the disadvantage of using profit sharing plans.

answer

Profit sharing is not directly linked to individual behavior.

question

What is a balances scorecard?

answer

A combination of performance measures directed toward the company's long- and short-term goals and used as the basis for awarding incentive pay.

question

Which of the following incentives has a long term focus?

answer

Stock Options

question

How does linking executive pay to stock price reward unethical behavior?

answer

Executives can use the advantage of knowing the company's inside information to buy or sell stock and create huge personal gains.

question

Which one of the following employer-provided benefits is required by law in the U.S.?

answer

Unpaid family and medical leave

question

Which legal benefit requires employers to pay payroll tax?

answer

Unemployment insurance

question

In which of the following areas are unemployment insurance benefits and workers' compensation benefits similar?

answer

Both these costs depend on the organization's experience ratings.

question

To take unpaid family leave under the provisions of the Family and Medical Leave Act, employees must meet which of the following criteria?

answer

Have worked for an employer with 50 or more employees within a 75-mile radius

question

Due to increasing diversity within the workplace, many employers are extending benefits such as health insurance to:

answer

domestic partners

question

Which one of the following is true of the Consolidated Omnibus Budget Reconciliation Act of 1985?

answer

Qualifying events include, among others, termination (except for gross misconduct), a reduction in hours that leads to the loss of health insurance, and death.

question

Identify the prime difference between PPOs and HMOs.

answer

PPOs provide benefits on a reduced-fee, per-call basis rather than on a prepaid basis.

question

From which of the following sources do most retirees (65 and older) receive most of their income?

answer

Social security

question

Which type of retirement plan guarantees a specified level of retirement income?z

answer

Defined benefit plan

question

Benefit plans that permit employees to choose the types and amounts of benefits they want from a set of alternatives are called:

answer

cafeteria style plans

question

The labor relations decision regarding _____ in a union setting involves decisions about pay structure, job security, work rules, workplace safety, and many other issues. These decisions affect workers' and the employer's situation for the term of the contract.

answer

negotiating contracts

question

Most national unions are affiliated with the ____, an association that seeks to advance the shared interests of its member unions at the national level.

answer

AFL-CIO

question

John works at a factory of a large manufacturing company and is a member of the local chapter of a national industrial union. He believes his supervisor is not living up to the terms of the recently negotiated contract. In order to seek resolution to his grievance, John should first contact:

answer

his union steward

question

Which of the following is true of union membership in the United States since the 1980s?

answer

Union membership among government workers has held steady, while declines have occurred in the private sector.

question

Which of the following statements is true about unionization of government workers?

answer

Strikes are illegal for federal workers and for state workers in most states.

question

Which of the following is true of the effects of unions on company performance?

answer

On average, union members receive higher wages and more generous benefits than nonunion workers.

question

Which of the following is a union security arrangement that requires employees to join the union within a certain amount of time (30 days) after beginning employment?

answer

Union shop

question

Which type of union security provision is illegal under provisions of the NLRA?

answer

Closed shops

question

Protected activities under the NLRA include all of the following EXCEPT:

answer

activities by those employed as contract workers.

question

Right to work laws are

answer

federal legislations sanctioning the use of union shops and agency shops.

question

Which of the following employee groups may be excluded by the NLRB from participating in organizing activities and being a member of the bargaining unit?

answer

Employees with managerial duties

question

What is the minimum percent of employees in a bargaining unit who must sign authorization cards for the NLRB to hold a union representation election?

answer

30 percent

question

Which of the following should a supervisor do to discourage unions?

answer

Report any direct or indirect signs of union activity to a core management group.

question

Contract administration includes carrying out the terms of the agreement and resolving conflicts over interpretation or violation of the agreement. Under a labor contract, the process for resolving these conflicts is called a(n):

answer

grievance procedure

question

Under the National Labor Relations Act, the union has a duty of fair representation, which means the union must:

answer

give equal representation to all members of the bargaining unit, whether or not they actually belong to the union.

question

An IBM employee who was born in the U.S. and works at IBM offices in New York is a(n):

answer

parent country national

question

John, an American who works for a U.S.-based company, is on assignment for his company in Japan. He is known as a(n):

answer

expatriate

question

A company is headquartered in Germany, has offices in the U.S., and has a Vietnamese manager working in a facility in the U.S. In this case, Germany is the _____ country, the U.S. is the _____ country, and Vietnam is the _____ country.

answer

parent, host, third

question

Which one of the following is true of global organizations?

answer

Managers at such companies must be able to get results across national boundaries.

question

Which one of the following is true of global organizations?

answer

They tend to have centralized, parent-country decision-making structures.

question

Assume that you are visiting Mexico for a business meeting and you call your host, the Chairman of the company, by his first name rather than his title. He seems offended. A difference in which of the following cultural dimensions between the two countries is likely to have caused the misunderstanding?

answer

Power distance

question

Which of the following countries has led the world in eliminating discrimination in the workplace?

answer

The United States

question

Which of the following is true about selecting employees in a global labor market?

answer

A host-country national can more easily understand the local values and customs.

question

According to research, the factor that most strongly influences whether an employee completed a foreign assignment is:

answer

the comfort of the employee's spouse and family.

question

answer

question

answer

question

According to the text, among the following countries, which country has the highest average work hours per year?

answer

South Korea

question

Which of the following is true of global incentive pay and employee benefits?

answer

Paid vacation tends to be more generous in Western Europe than in the United States.

question

In practice, the total cost of an international assignment is roughly _____ the employee's salary in the host country.

answer

four times

question

The process of preparing expatriates to return home from a foreign assignment is called:

answer

repatriation

question

one dean, two administrative assistants, 20 faculty members. How many positions?

answer

Three

question

Which one of the following laws requires all organizations holding federal contracts to engage in affirmative action to hire women and minorities?

answer

Executive order 11246

question

The HRM function during downsizing is to terminating the workers who

answer

are less valuable in their performance

question

offshoring is defined as:

answer

moving operations from the country where a company is headquartered to a country where pay rates are lower but the necessary skills are available

question

Which of the following arrangements would qualify as job rotation?

answer

Team members work on the assembly line one day and pack products into cases the next

question

differing treatment of individuals, where the differences are based on the individuals' race, color, religion, sex, national origin, age, or disability status is termed as

answer

disparate treatment

question

Which of the following is a challenge for HRM during mergers?

answer

developing conflict resolution skills among employees

question

When an organization structure is strongly based on function

answer

workers tend to have low authority and work alone at highly specialized jobs

question

What effect does the use of employee empowerment have on recruiting?

answer

It has shifted the focus away from technical skills to general cognitive and interpersonal skills

question

A worker leaves an organization for three years to fulfill military duties. Which of the following observations is true of the employers obligation to reemploy the worker

answer

Employer must reemploy the worker with the same seniority

question

Which of the following actions of employers can result in reverse discrimination?

answer

affirmative action

question

which of the following is a major problem associated with aging?

answer

Older workers present challenges related to costs of health care

question

in contrast to tasks, duties, and responsibilities, KSAOs are:

answer

not directly observable

question

A system in which employees have online access to information about HR issues and go online to enroll themselves in programs and provide feedback through surveys is termed

answer

self-service

question

A bona fide occupational qualification must be

answer

a necessary qualification for the job

question

when an individual is promised a positive outcome for submission to sex, or threatened with a negative outcome for failure to submit to sex, this is referred to as:

answer

quid pro quo harassment

question

which of the following adjustments can be exempted from reasonable accommodation?

answer

A small firm required to change the design and structure of the building to allow wheelchairs

question

Age Discrimination in Employment Act (ADEA) protects only those workers who are over the age of

answer

Forty

question

independent contractors are:

answer

self-employed individuals with multiple clients

question

which of the following terms refers to an organizations active effort to find opportunities to hire or promote people in a particular group

answer

affirmative action

question

Which of the following is a strategy to defeat labor shortage where the results can be obtained fast

answer

outsourcing

question

the primary reason organizations engage in downsizing is to

answer

promote future competitiveness

question

Which of the following refers to a list of the tasks, duties, and responsibilities that a job entails?

answer

job description

question

in the context of HR planning, implementation that ties planning and recruiting to the organization's strategy and to its efforts to develop employees becomes a complete program of

answer

talent management

question

army of one

answer

image adver.

question

cost of using a particular recruitment source for a particular type of vacancy. then divide by the number of people hired to fill that type of vacancy

answer

cost per hire

STUDY

Alternative Dispute Resolution Civil Procedure Forensic Science Political Science

pol10 – Flashcards 66 terms

Patrick Marsh

66 terms

Preview

pol10 – Flashcards

question

Texas Constitution and state law grant the government the authority to take a person's life, property, and liberty

answer

under appropriate circumstances

question

Disputes concerning business contracts, divorce, family matters and personal injury involve

answer

civil law

question

misdeamenor

answer

crime less serious then a felony

question

case with a buisness contract

answer

civil law

question

law made by legislative bodies is called

answer

statutory law

question

code?

answer

collection of laws relating to the same subject and presented in a organised manner

question

a court with specific authority to decide a particular type of case has

answer

exclusive jurisdiction

question

when a case can be heard by only one court the court is said to have

answer

exclusive jurisdiction

question

court that hears and decides cases tried for first time

answer

original jurisdiction

question

party to a civil case who was dissatisfied with the outcome of trial courts could next proceed to

answer

appellate jurisdiction

question

courts not mention in texas constitution

answer

municipal courts

question

justice of the peace dont have jursdiction on

answer

divorces

question

court that requires no qualifications to be a judge is a

answer

justice of the peace

question

Of the judges of local courts, which must be an attorney licensed to practice law in Texas?

answer

county court at law judge

question

a violation of the arlington fire code would be tried in the

answer

arlington municipal court

question

the term court of record means that the

answer

transcript of court proceedings is made by a stenographer

question

duty of a Coroners office in Texas is to

answer

determine the cause of death

question

An operator of an automobile repair shop cannot collect a bill of $426.42 from a customer. Where would the most convenient place be for the operator to sue to recover his money?

answer

justice of the peace court

question

the functin of small claims in Texas is mainly performed by

answer

justice of the peace

question

the validity of a contested will is decided by a

answer

probate court

question

Texas courts that have exclusive original jurisdiction over slander are

answer

state district courts

question

state district courts have civil jurisdiction in all the following instances

answer

municipal ordinaces

question

appellate division of the Texas courts is incorrect?

answer

District courts are appellate when hearing appeals of probate cases.

question

courts the mainly exercise original jurisdiction

answer

state district courts

question

type of case appealed directly to the Texas Court of Criminal Appeals is that of a

answer

capital felony conviction, regardless of the length of sentence

question

texas is divided into..... appeals court districts

answer

question

lacks criminal jurisdiction

answer

texas supreme court

question

court for rules of civil prcedure

answer

texas supreme court

question

texas supreme court will not hear an appeal if

answer

case involved in a school bond election

question

in texas nearly all judges are chosen by a

answer

partisan election

question

short-term method for relieving overcrowded court docckets in TEXAS IS TO

answer

Bring in a temp judge or use an ADR

question

A citizen who believes an attorny has behaved bad whiole being his red should file with

answer

Commission of Judicial conduct

question

the most important role in disciplinning judges is now played by the

answer

texas commission on judicial conduct

question

Implementing reforms in the method and procedure for selecting Texas judges would likely require

answer

substantial revision of the Texas Constitution

question

the texas supreme court does all the following except

answer

fill vacancies in state district courts when they arise

question

to be a attorny a lawyer must be

answer

a member of the state Bar of Texas

question

State Bar of Texas performs all the following functions except

answer

rate and publish the qualifications of lawyers

question

the State Bar of Texas

answer

impeach attorneys

question

Many lawyers are rated by their fellow attorneys in the areas of legal ability and ethics in the

answer

Martindale-Hubbell Legal Directory.

question

Lawyer's compensation based on a percentage of a winning lawsuit is known as a

answer

Contingency fee

question

petite or trial juries in Texas are composed of

answer

either 6 or 12 emebers

question

Grand juries in Texas are composed of

answer

12 members

question

Indictments are prepared in grand jury proceedings if at least _________ members decide that there is enough evidence to warrant a trial.

answer

nine

question

The instrument that formally accuses a person of having committed a high felony and orders that person to trial is a(n)

answer

indictment

question

qualifictions for serving on a trial jury in Texas include all the following except

answer

being able to read and write in enflish

question

the process by which an atttorney questions potential jurors is called

answer

vior dire

question

A panel of prospective jurors, chosen by random selection, is called a

answer

venire

question

The court system has the legal authority to the make the rules of civil procedure, however, these rules

answer

may not conflict with any general laws of the state

question

independent party of a civil case

answer

plaintiff

question

about 1/3 of all lawsuits are tried by

answer

a judge

question

term plaintiff refers to the person who

answer

initiates a civil suit

question

In a civil jury trial in a state district court, the judge

answer

applies the law and the jury finds on the facts

question

min sentence for capital felony

answer

life without parole

question

which would not be subject to enhancement under the Texas Penal Code?

answer

A change of 2 offenses int he same criminal episode

question

What are the stated purpose for which Texas imprisons felons

answer

to punish rehabilitate offenders

question

According to statistics compiled by the Texas Department of Criminal Justice, two characteristics shared by inmates in state prisons are

answer

poor education levels and substance abuse

question

rehabilitation of Texas prison inmates is most likely to be successful if the inmate

answer

goes through the state release procedures

question

mission of the Texas Commission on Jail Standards

answer

to enforce minimum health and safety requirements for county jails

question

County jails are employed for all of the following purposes in Texas except to

answer

Confine persons who are unable to pay their civil debts

question

Juvenile courts are considered.... rather than criminal courts

answer

civil courts

question

adjudication hearing refers to

answer

a trail

question

a juvenile who is arrested in Texas is most likely to be

answer

simply counseled and then released

question

Alternative dispute resolution

answer

mediation and arbitration

question

Both TDCJ and TJJD collect DNA samples of all inmates convicted of a

answer

felony offense

question

The agency created to investigate complaints regarding faulty evidence in a criminal case is the

answer

Texas Forensic Science Commission.

question

wrongful imprisonment by the state of texas

answer

has been shown to be a possibility

STUDY

Alternative Dispute Resolution AP Government Civil Procedure

Texas Pol – Flashcards 51 terms

Jonathan Walsh

51 terms

Preview

Texas Pol – Flashcards

question

The agency created to investigate complaints regarding faulty evidence in a criminal case is?

answer

The texas forensic science commission

question

The Texas const. and state law grants the Governor the authority to take a person's life, property and liberty...

answer

Under appropriate circumstances

question

Disputes concerning business contracts, divorce, family matters and personal injury involve

answer

Civil law

question

A misdemeanor is?

answer

A less serious charge than a felony

question

A court that is said to have specific authority to decide a particular type of case has?

answer

Exclusive jurisdiction

question

The court that requires no qualifications to be a judge is?

answer

A justice of the peace judge

question

Small claims courts are administered by ?

answer

Justice of the Peace judges

question

Courts that have exclusive original jurisdiction over slander are

answer

District courts

question

Texas and Oklahoma are the only states that have divided court systems that deal with

answer

Criminal and civil appeals

question

The court that is responsible for formulating the rules of civil procedure is

answer

Supreme court

question

To be a practicing attorney in the state of texas a lawyer

answer

Must be a member of the state bar of texas

question

The state bar of texas has the authority to

answer

All of the above

question

In civil cases, little or no free legal assistance is available but in bodily injury cases

answer

Lawyers may be hired on contingency cases

question

Grand juries in texas are composed of ___ members

answer

question

The court system has the legal authority to make the rules of civil procedures

answer

These rules cannot conflict with the laws of the state

question

The injured party in a civil case is called the

answer

A plaintiff

question

About one third of all law suits are tried by

answer

A judge and jury

question

A person commits murder according to the texas penal code if

answer

There is evidence of intent to kill or cause serious bodily harm

question

The minimum sentence for a capital felony is

answer

Life w/o parole

question

Wrongful imprisonment by the state of texas

answer

Is always a possibility

question

What scientific development has found that some persons convicted of murder and sentenced didn't actually commit the crime

answer

DNA testing

question

The case involving a business contract falls under which branch of law

answer

Civil

question

The term jurisdiction refers to

answer

The types of cases that a court is competent to hear and decide

question

A party to a civil case who was dissatisfied with the outcome in the trial court could next proceed to a court

answer

Appellate jurisdiction

question

A court that hears and decided cases tried for the first time has

answer

Original jurisdiction

question

Law made by judges and based on customs and usage going back several centuries is

answer

Common law

question

We know that innocent people have been convicted of crimes they did not commit because of an improved

answer

Technology system

question

A collection of laws relating to the same subject and presented in an organized manner is an

answer

Code

question

Which one of the following courts in not mentioned in the texas constitution

answer

Municipal courts

question

The greatest proportion of cases heard in municipal courts involve

answer

Traffic violations

question

The term court of record means that

answer

A transcript of court proceedings is made by a stenographer

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The duty of a coroner is to

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Determine the cause of death when a person died outside the presence of competent

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Of the judges of local courts, which must be an attorney licensed to practice law in Texas?

answer

county court at law judge

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A count court a law is most likely to be created by the legislature

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in an urban count where the constitutional count judge cannot handle all of the business coming before his or her court

question

Not falling under the probate jurisdiction of count courts is

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determining the validity of wills of deceased persons

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District judges are not removable by

answer

recall election

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A vacancy on a district court bench is filled by

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gubernatorial appointment

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Official misconduct is a misdemeanor offense. Such cases are tried in

answer

district court

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A person with no funds whose claims arises from a physical injury

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must hire an attorney

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The disposition of cases by the courts of appeals is

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by majority vote of the justices on the panel hat heard the case

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The type of cases appealed directly the Texas court of criminal appeals is

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capital felony

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The Texas supreme court would not hear an appeal if the case involved

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a school bond election

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The Texas supreme court

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does not fill vacancies

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A citizen who believes an attorney has behaved unethically while representing him or her

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should go to the state bar

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When a case can be heard by only one court, that court is said to have

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exclusive jurisdiction

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Legal self-help books and interactive computer programs

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are less expensive than a lawyer but may not be as relievable

question

Which of the following is not a Texas constitutional guaranty

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jury verdicts in all cases must be unanimous

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The instrument that formally accuses a person of having committed a high felony and orders the person

answer

indictment

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. A district court jury in Texas is

answer

the first twelve members

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How many people sit on a jury in Texas

answer

Twelve on grand jury, twelve on district, six on local

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Both TDCJ and TYC collect DNA samples of all inmates convicted of a

answer

felony

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