BLAW 2301 Lecture Notes - Supremacy Clause, Closing Argument, Direct Examination

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2 Mar 2022

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Chapter 6: litigation: refers to the process of filing claims in court and ultimately going to trial, civil lawsuits, alternate dispute resolution: formal or informal process used to settle disputes without resorting to trial. Federal courts: 2 kinds of civil lawsuits are permitted in federal courts: federal question cases: a claim based on the us constitution, a federal statue, or a federal treaty. Federal courts have jurisdiction over these cases. (a question for supremacy clause basically: diversity cases: when the plaintiff and defendant are citizens of two different states. Case analsyis: paul, a citizen of massachusetts, was driving to miami, florida for a vacation. While driving down to florida, he gets into a car accident in georgia with debbie, a citizen of florida. Georgia yes (long arm statues- that is where the accident happened: massachusetts and federal court. Before trial: beginnig litigation (pleading, discovery, summary judgments, final preparation) Pleadings: papers that begin the lawsuit: complain: allegations or legal claims.

Related Questions

In most common law jurisdictions, a criminal defendant has to be found guilty both in mind and in deed. But there are exceptions to the principle that "guilty mind" must be proved. True or false? Elaborate.

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QUESTION 1

Some workers are being paid above their pay range and then they get their wage rate frozen at their current rate of pay until salary scales catch up. What is this practice is called?
a.
green-circling
b.
red-circling
c.
merit pay reduction
d.
conservative pay reduction

1 points

QUESTION 2

Functional job analysis was pioneered in the United States in the 1930s and is the precursor to the Canadian National Occupational Classification system.

True

False

1 points

QUESTION 3

Which method of job analysis focuses on the behaviours that make up a job and uses job elements to describe work activities?
a.
Position Analysis Questionnaire
b.
Interviews
c.
Observation
d.
Functional Job Analysis

1 points

QUESTION 4

A job specification is summary of the duties, responsibilities, and reporting relationships pertaining to a particular job.

True

False

1 points

QUESTION 5

What is one problem with using the ranking/paired job evaluation method?
a.
It is time consuming.
b.
It is not acceptable to pay equity commissions.
c.
It is not acceptable to employment equity commissions.
d.
It cannot address external market equity.

1 points

QUESTION 6

What are the three main reasons for conducting job evaluations?
a.
to decrease wage costs, to create job families, and to create pay equity
b.
to control wage costs, to create equitable pay structures, and to create employment equity
c.
to control wage costs, to create equitable pay structures, and to create the perception of an equitable pay system among participants
d.
to increase wage costs, to create equitable pay structures, and to create pay equity

1 points

QUESTION 7

In 2018, Canada passed pay equity legislation that applies to all employers in Canada.

True

False

1 points

QUESTION 8

A job description is a summary of the employee qualifications required to perform the duties for a given job.

True

False

1 points

QUESTION 9

What is the major benefit for the ranking method of job analysis?
a.
It creates a series of grade descriptions.
b.
It creates a series of grade descriptions.
c.
It creates relative equal intervals between job classifications.
d.
It incorporates market data.

1 points

QUESTION 10

What occurs to the female job class if the percentage of secretaries in that job class changes from 95 percent to 30 percent?
a.
It becomes a new job class.
b.
It becomes a male job class.
c.
It remains a female job class.
d.
It becomes a gender neutral job class.

1 points

QUESTION 11

Why might using job descriptions for job evaluation purposes prove problematic?
a.
Companies simply do not keep wage rates updated.
b.
The dynamic nature of the general environment creates a situation whereby job duties change without human resources departments noticing it.
c.
Creating and maintaining job descriptions is not a laborious process.
d.
The output created by the job analysis process yields poor results.

1 points

QUESTION 12

What is a valid reason to re-evaluate jobs?
a.
A new member joins the committee.
b.
The compensation-level strategy changes.
c.
A new performance system is implemented.
d.
There is a high level of appeals.

1 points

QUESTION 13

What is the first step in most pay equity processes?
a.
analyze gender data
b.
determine what rules and laws apply
c.
review compensation
d.
analyze and compare jobs

1 points

QUESTION 14

Which term refers to an organization that gives an employee the ability to appeal a decision of the job evaluation committee?
a.
procedural justice
b.
distributional justice
c.
organizational justice
d.
grievance system

1 points

QUESTION 15

What is the observation method of job analysis well-suited for?
a.
jobs that have a short work cycle
b.
jobs with a long work cycle
c.
minimum wage jobs
d.
minimum wage jobs

1 points

QUESTION 16

Which term refers to the relative value of different jobs as determined by knowledgeable individuals?
a.
the proxy method
b.
PAQ analysis
c.
paired comparison method
d.
the ranking method

1 points

QUESTION 17

Once an organization has posted its pay equity plan, it has met its legal responsibility under the legislation and no further action is required.

True

False

1 points

QUESTION 18

Which job evaluation category uses human judgement as the determining factor?
a.
whole job
b.
factor comparison
c.
statistical/policy capturing
d.
point-factor management analysis

1 points

QUESTION 19

ABC Inc. is a new organization planning to launch a call centre in the next six months. You have been tasked with creating detailed job descriptions for several operational roles in the call centre. Which information collection method would you likely rely on to gather job information?
a.
utility analysis
b.
functional job analysis
c.
variable analysis
d.
data analysis

1 points

QUESTION 20

What is a primary problem of job analysis process?
a.
creating too many job families
b.
analyzing the jobholder not the job
c.
having a committee
d.
professional designations

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BLAW 2301 Lecture Notes - Supremacy Clause, Closing Argument, Direct Examination

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