Line Authority - ANSWER Line Authority is exercised by supervisors who have
direct authority and responsibility for the work of a unit, including the right to
command subordinates to act and to fire them if they disobey.
Staff Authority - ANSWER Staff Authority is exercised by someone hired or
retained to provide advice or technical support which persons in line positions
may accept, alter, or reject. Examples are legal counsel or RN-consultants. But not
assistant administrators or assistant department heads: these reflect the wishes of
the line officers they serve and share in their line authority.
Functional Authority - ANSWER Functional Authority is limited to certain
specialized functions for which one has responsibility throughout the facility,
even though someone else may have line authority over the employees performing
these activities. E.g., certain personnel functions under a human resources
director.
Unity of Command - ANSWER Unity of Command = making each employee
responsible to one and only one supervisor. Employees who report to more than
one supervisor often experience conflicting orders and divided loyalties. Clear
lines of authority may promote job satisfaction and thus productivity.
adjudication - ANSWER A determination by court of law or an administrative
body with quasi-judicial functions.
amicus curiae - ANSWER A person who has no right to appear in a pending suit
but is allowed by the court to introduce argument or evidence, as a "friend of the
court".
assumption of the risk - ANSWER A legal theory which states that an individual
who is aware of the hazards of an activity but engages in that activity nevertheless
cannot recover damages if he or she is injured by that hazard.
bona fide - ANSWER In good faith; openly, honestly, or innocently; without
knowledge or intend of fraud.
borrowed servant - ANSWER An employee temporarily under the control of
another, such as a nurse which is employed by a hospital and who is "borrowed" by
a surgeon in the operating room. The temporary employer will be held responsible
for the act of the borrowed servant under the doctrine of 'respondeat superior'.
, comparable worth - ANSWER A theory that people doing 'different' jobs that are
roughly of equal worth to their employer should be paid the same wage, regardless
of sex (an extension of the Equal Pay Act, requiring equal pay for people doing the
'same' job.
contributory negligence - ANSWER A legal theory that reduces a damage award if
the plaintiff's negligence contributed to his or her own injury.
dual-purpose role - ANSWER A theory that makes an employee who is injured on
a trip with both business and personal purposes eligible for Workers'
Compensation benefits if business was the dominant purpose of the trip.
fiduciary - ANSWER A person who is in a special legal relationship of trust with
respect to something or someone. A fiduciary owes a higher duty of care than a
person acting only for his own benefit. Guardians, trustees, directors sitting on
governing bodies, and executors of estates are fiduciaries. Also a physician is a
fiduciary with respect to his or her patients.
four-fifths rule - ANSWER An EEOC guideline that says a preemployment test has
an adverse impact if the selection rate for any group is less than four-fifths (or 80
percent) of the group with the highest selection rate.
habeas corpus - ANSWER A writ which lays the basis for an action to determine
legality of custody or confinement of a person.
in loco parentis - ANSWER A legal doctrine that, under certain circumstances,
the courts may assign a person to stand in the place of parents and possess the
parents' legal rights, duties, and responsibilities toward a child.
intestate - ANSWER Referring to one who dies without making a will.
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