Reference no: EM131800921

1. What is meant by "standing" in a judicial proceeding?

The plaintiff must have sufficient interest and/or stake in the outcome to allow him or her to file suit.

The defendant must have sufficient interest and/or stake in the outcome to ensure that he or she will mount a vigorous defense.

Both parties must be aware of the existence of the case or controversy so that each is prepared to "stand" and deliver his or her evidence in court.

The plaintiff must show that he or she has the right to "stand" before the court.

The defendant must show that he or she has the right to "stand" before the court.

2. Why would some employers prefer to have their workers classified as independent contractors rather than employees or agents?

Respect. Independent contractors have more autonomy and freedom than do "mere" employees or agents.

Potential liability. Employers are generally not liable for the torts committed by independent contractors, even in the course and scope of employment, but are often held liable for torts by the agent or employee committed in the course and scope of employment.

Expense. Independent contractors are always less expensive than either employees or agents.

Control. It is easier to fire an independent contractor than it is to fire an agent or an employee.

There is no reason. It is simply a matter of preference.