THE PLACEMENT LAW LANGUAGE QUIZ
Success in every business negotiation depends on the words you use.
Whether it's collecting your fees, protecting your client and candidate files, or objecting to your phone bill, Legalese is the language that wins.
You already know the importance of "buzzwords" in making placements. They make you sound like an insider – a pro – someone who knows the ropes and the rules.
We use these words regularly in our placement law practice. Now we're pleased to teach them to you through the Placement Law Language Quiz.
Using a diagnostic approach will enable you to retain more of the information, since you'll reinforce your knowledge as you correct the Quiz.
Print out and complete the PLLQ under examination conditions, timing yourself for one hour, and writing the number of the definition in the space to the right of the word or phrase. Then click the "Answers to Placement Law Quizzes" button at www.placementlaw.com and check your answers.
If you can't figure out why you got an answer wrong, click the flashing red "Jeff's On Call!" button at www.placementlaw.com, and send me an e-mail with your question.
For our purposes, "recruiter" includes any employee.
Ready? Begin . . . and GOOD LUCK!
1. Abrogate ___
2. Acceleration clause ___
3. Acceptance ___
4. Accessibility ___
5. Accord and satisfaction ___
6. Adverse impact ___
7. Affidavit ___
8. Affirmative action plan (or program) ___
9. Agent ___
10. Answer ___
11. Arbitration ___
12. Assignment ___
13. Assumption of the risk ___
14. Bilateral contract ___
15. Bona fide occupational qualification (BFOQ) ___
16. Breach of contract ___
17. Breach of fiduciary duty ___
18. Burden of proof ___
19. Cause of action ___
20. Charge of discrimination ___
21. Circumstantial evidence ___
22. Common law ___
23. Compensatory damages ___
24. Complaint ___
25. Compliance review ___
26. Consideration ___
27. Conspiracy ___
28. Contributory negligence ___
29. Conversion ___
30. Corporation ___
31. Counteroffer ___
32. Cross-complaint (counterclaim) ___
33. Damages ___
34. Defendant ___
35. Demurrer ___
36. Deposition ___
37. Duress ___
38. Equal Employment Opportunity Commission (EEOC) ___
39. EEO-1 Report ___
40. Equity ___
41. Estoppel ___
42. Executed ___
43. Executory ___
44. Exemplary damages ___
45. Exemptions to minimum wage laws ___
46. Franchise ___
47. Fraud ___
48. Hearsay ___
49. Independent contractor ___
50. Interference with contractual relations ___
51. Interference with prospective economic advantage ___
52. Interrogatories ___
53. Jointly and severally ___
54. Judgment ___
55. Libel ___
56. Liquidated damages ___
57. Minimum wage laws ___
58. Mistake of fact ___
59. Mistake of law ___
60. Mitigation of damages ___
61. Motion ___
62. Offer ___
63. Parol evidence rule ___
64. Partnership ___
65. Permanent injunction ___
66. Plaintiff ___
67. Pleadings ___
68. Preliminary injunction ___
69. Preliminary negotiations ___
70. Presumption ___
71. Prima facie ___
72. Privileged communication ___
73. Privity of contract ___
74. Process ___
75. Protected (affected) class ___
76. Proximate cause ___
77. Punitive damages ___
78. Release ___
79. Remedy ___
80. Rescission ___
81. Reverse unilateral contract ___
82. Revocation ___
83. Service ___
84. Setoff ___
85. Severable contract ___
86. Slander ___
87. Solicitation ___
88. Specific performance ___
89. Subpena ___
90. Summary judgment ___
91. Summons ___
92. Systemic discrimination ___
93. Temporary restraining order (TRO) ___
94. Trade secrets ___
95. Undue influence ___
96. Unfair competition ___
97. Unilateral contract ___
98. Unjust enrichment ___
99. Waiver ___
100. Wrongful termination ___
1. The discussions and correspondence between parties before an agreement is reached.
2. A contract formed when one party fully performs an act in exchange for a promise (as in a contingency-fee search agreement).
3. A contract formed when the party who must fully perform solicits a promise from the other party (a job order).
4. A contract formed by the exchange of two promises (as in a retained search agreement).
5. The written or oral solicitation of a contract that requires acceptance of its terms.
6. The written or oral response to an offer that changes its terms. It operates as a rejection of the original offer, and must be unequivocally accepted to create a contractual agreement when consideration exists.
7. The termination of an offer before it is accepted, either by its own terms or withdrawal by the person who makes it.
8. The written or oral response to an offer that agrees to its terms unequivocally, and creates a contract when consideration exists.
9. The legal benefit or detriment to the parties to a contract that makes it enforceable.
10. The direct legal relationship that binds parties to a contract.
11. A contract term that advances the date for performance upon the occurrence of a stated event.
12. Cancellation of a contract by either party or a court, placing the parties in the position they were in before it was formed.
13. The substitution of another agreement between contracting parties, and the performance of it.
14. An agreed amount that must be paid if breach of a contract occurs.
15. The transfer of a contractual right.
16. A contract that contains terms that can be removed from the rest of it without affecting the enforceability of either.
17. All or part of a contract that remains to be performed.
18. All or part of a contract that has been performed.
19. The relinquishment of a known right, usually by failing to assert it in a timely manner.
20. A legal theory that prevents a person from asserting a known right if others have relied on the failure to do so.
21. A defense to avoid a contractual obligation based upon the parties thinking it meant different things, and therefore that no "meeting of the minds" occurred.
22. A defense to avoid a contractual obligation based upon thinking the law applied differently, and therefore that no "meeting of the minds" occurred.
23. An intentional misrepresentation reasonably relied upon by the other party to his or her detriment. Also a defense to avoid a contractual obligation because no "meeting of the minds" occurred.
24. A defense to a contractual obligation based upon one party forcing another to sign an agreement (as when an employer requires an employee to sign an employment agreement). The court will consider whether the contract itself is unfair.
25. A defense to avoid a contractual obligation based upon one party forcing another to sign an agreement (as when an employer requires an employee to sign an employment agreement). The court will consider the circumstances under which the signing occurred.
26. The formal surrender of legal rights, usually as part of settlement of a dispute.
27. The duty of a plaintiff to prevent his or her own losses from the alleged wrongful acts of the defendant.
28. To annul or repeal rights, usually by passage of a law.
29. A group designated by race (color), religion (creed), national origin, ancestry, age, sex, sexual orientation, medical condition, physical handicap or arrest information.
30. The rate of selection in employment decisions (transfers, promotions, relocations, etc.) that works to the detriment of protected classes.
31. The federal regulatory agency for claims of discrimination.
32. The annual audit filed by employers with the federal or state regulatory agency for claims of discrimination.
33. The formal, written document enumerating the employer's policy, goals, procedure for monitoring compliance, and delegation of authority to obey equal employment opportunity laws.
34. The official investigation that occurs as a result of a complaint filed with the federal or state regulatory agency for claims of discrimination.
35. Continued employment policies or practices that, regardless of their intent, have the effect of perpetuating discrimination.
36. An official consent from the federal or state regulatory agency for claims of discrimination to exclude people in a protected class from a certain job.
37. The provision for entry and exit of handicapped individuals in the building occupied by the employer.
38. The formal complaint filed with the federal regulatory agency for claims of discrimination.
39. One who has responsibility for transacting some business for another (as a hiring authority does for an employer). The one conferring the responsibility (principal) is bound by the acts within the course and scope of the responsibility.
40. A person in business for himself or herself. Something a recruiter, account executive, consultant, counselor or other placer in your office cannot legally be.
41. The requirement that a recruiter, account executive, consultant, counselor or other placer in your office be paid at least this amount as a salary or draw.
42. Administrative, executive, professional and outside sales jobs. A recruiter, account executive, consultant, counselor or other placer in your office does not occupy one of them.
43. The fictitious person created by the state with an existence separate from its owners and operators.
44. Two or more people or business entities that join together in a business. Each is liable to the others and to third parties.
45. An agreement whereby independent owners use a common name, trademark and management system. It works particularly well for search businesses because of name recognition and networking.
46. The delivery of formal legal papers issued by a court to an opposing party.
47. The formal legal papers issued by a court and delivered to an opposing party.
48. All formal legal papers filed with a court by either party.
49. The historical evolvement of court decisions are applied to subsequent cases.
50. The "conscience" power of the court that considers fairness to the parties.
51. The party who initiates a lawsuit.
52. The party being sued.
53. The order of a court requiring the party being sued to file and deliver a formal response within a specified number of days.
54. The formal court pleading that alleges causes of action against a defendant. Its filing and service starts the litigation process.
55. The formal court pleading by a defendant that alleges causes of action against the plaintiff or a third party.
56. The amount claimed by a defendant to be deducted from the amount claimed by the plaintiff.
57. The legal theory in a formal court pleading on which a claim is based.
58. The facts and law that form the basis for a lawsuit.
59. The formal court pleading that admits or denies the allegations of the complaint and alleges any defenses.
60. The order of a court compelling a witness to appear at a formal proceeding. Failure to appear is punishable as contempt of court.
61. A written statement made voluntarily and sworn before a notary public or other official with the authority to administer oaths and authenticate the signature as genuine.
62. The formal court pleading that attacks a complaint or cross-complaint based upon its failure to state a cause of action. The facts are admitted for the purpose of arguing that no legal basis for the lawsuit exists.
63. The formal court pleading or oral request made in open court for decisions on items ranging from a continuance to file a response, to a new trial.
64. A formal discovery proceeding whereby a party or witness to a lawsuit testifies under oath. The parties and their attorneys are present, and a court reporter records the examination and testimony. A verbatim transcript is then prepared.
65. A formal discovery device whereby a party to a lawsuit serves an opposing party with written questions about the facts of the case. A formal response under oath is required within a specified number of days.
66. The failure to honor an agreement a court will enforce by ordering payment of money or performance of the act promised.
67. The failure to honor a relationship of trust and confidence a court will enforce by ordering the payment of money or performance of the act promised.
68. The benefit received by a party to a lawsuit without giving anything of equivalent value in exchange.
69. The wrongful taking and use of another's property (like client and candidate files). Civil theft.
70. Client and candidate contact information, internal operating procedures, and other proprietary items legally protected.
71. Intentional conduct by a third party that causes another to breach a contract or makes performance more difficult.
72. Intentional conduct by a third party that destroys or impairs the benefit of future contracts with another.
73. Intentional conduct that occurs when a former employee remains in the placement field.
74. The oral defamation that damages a person's reputation.
75. The written defamation that damages a person's reputation.
76. The firing of an employee without justification.
77. An invitation to participate in something unlawful.
78. Two or more persons agreeing to do something unlawful.
79. A law that shifts the burden of proof to the other party (as when a recruiter testifies that a fee schedule was mailed to a client, properly addressed and postpaid, the client must prove it wasn't received).
80. The amount of evidence necessary for a party to successfully prosecute a lawsuit.
81. The basis for a court excluding oral statements that are inconsistent with a written contract.
82. Testimony or documentary evidence that is derived from a source outside of court, and is therefore not from the personal knowledge of the witness.
83. A large number of photocopies made just before a recruiter leaves but remains in the placement field.
84. Statements to or from an attorney to a client regarding legal matters that are exempt from discovery by the opposing party.
85. The act or omission that directly produces an injury.
86. The defense that a plaintiff's own inadvertence caused his or her injury.
87. The defense that a plaintiff knew about possible injury from the act or omission of the defendant, but proceeded anyway.
88. The damages or corrective action awarded by a court for a violation of civil law.
89. An immediate order issued in a lawsuit requiring cessation of an unlawful practice pending a hearing on whether it should remain in effect thereafter.
90. An interim order issued in a lawsuit requiring cessation of an unlawful practice pending a trial.
91. A final order issued after a trial requiring cessation of an unlawful practice indefinitely.
92. The injury cause by a plaintiff, or an award of money by a court.
93. An award of money by a court to reimburse the plaintiff for the actual amount of the loss.
94. An award of an extraordinary amount of money by a court to punish wrongful conduct by a defendant.
95. An award of an extraordinary amount of money by a court to make an example of a defendant to deter others from similar wrongful conduct.
96. The order of a court requiring that a party complete the act promised in a contract.
97. The liability of one or more parties together and individually (as when several recruiters leave and wrongfully use trade secrets).
98. The agreement or order of a court to submit a dispute to a member of an objective panel for a decision.
99. The order of a court that disposes of a lawsuit before trial. The facts must be undisputed, since only the law is applied.
100. The final order of a court after a hearing on the facts and the law that disposes of a lawsuit.
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