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Business Law and Estate Planning Concepts
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Business Law and Estate Planning Concepts
Business Law and Estate Planning Concepts
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Question
What are the primary protections provided under the Family and Medical Leave Act (FMLA)?
Answer
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons, such as serious health conditions or caring for family members.
Question
What is the public policy exception to the doctrine of at-will employment?
Answer
The public policy exception prevents an employer from terminating an employee for reasons that violate fundamental public policy, such as refusing to perform an illegal act, whistleblowing, or exercising statutory rights like filing for workers' compensation.
Question
What are the core legal requirements for a valid workers' compensation claim?
Answer
A claimant must demonstrate that the injury arose out of and in the course of employment, meaning the activity occurred while performing work-related duties or during a period connected to employment.
Question
How is quid pro quo sexual harassment defined in a workplace environment?
Answer
Quid pro quo sexual harassment occurs when employment decisions, such as hiring, promotions, or retention, are explicitly or implicitly conditioned on an employee's submission to unwelcome sexual advances or conduct.
Question
What criteria are necessary to demonstrate a hostile-environment sexual harassment claim?
Answer
A claimant must show that the unwelcome sexual conduct was sufficiently severe or pervasive to create an intimidating, hostile, or offensive working environment that alters the conditions of employment.
Question
What is the fundamental difference between disparate-treatment and disparate-impact discrimination?
Answer
Disparate-treatment involves intentional discrimination against an individual based on a protected characteristic, while disparate-impact involves facially neutral policies that unintentionally but disproportionately disadvantage a protected group.
Question
What are the three essential legal elements required for a valid gift of property?
Answer
A valid gift requires donor intent to transfer ownership, actual or constructive delivery of the property to the donee, and acceptance of the gift by the donee.
Question
How do inter vivos gifts differ from causa mortis gifts regarding revocability?
Answer
Inter vivos gifts are generally irrevocable once completed, whereas a gift causa mortis is inherently revocable if the donor survives the peril that prompted the gift or if the donor recovers.
Question
What is the legal difference between a will and a trust in estate planning?
Answer
A will takes effect only upon the death of the testator to distribute assets, while a trust can be established during the settlor's lifetime to manage and distribute assets both before and after death.
Question
What are the standard formal requirements for creating a valid will?
Answer
A valid will typically requires testamentary capacity of the testator, clear intent to create the document as a will, a writing, the testator's signature, and attestation by witnesses.
Question
In what ways can a valid will be legally revoked or changed?
Answer
A will can be revoked by a subsequent physical act of destruction (such as tearing or burning) or by the execution of a new, valid will or codicil that explicitly or implicitly contradicts the prior document.
Question
What are the two main types of advanced directives in healthcare planning?
Answer
The two primary forms are the living will, which specifies preferences for end-of-life medical treatments, and the medical power of attorney, which designates a proxy to make healthcare decisions.