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Business Law and Ethics > BL Final > Flashcards

BL Final Flashcards

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1
Q

A design patent

A

protects the appearance not the function of an item

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2
Q

Majority of Patents are

A

utility patents - protect the way an invention works

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2
Q

Requirements of a Utility Patent

A

novelty - must be new
non-obviousness
utility - must be useful

only for tangible application

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3
Q

Myriad Genetics

A

Myriad’s DNA patent (the specific gene it isolated) was invalid because separating the gene from its surrounding genetic material did not represent an act of creation.

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4
Q

Not Patent Protection

A

scientific principles
isolated genes
math algorithms

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5
Q

Copyrightable Work - Protected Expression

A

work must be original and fixed in a durable medium

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6
Q

Fair Use DOctrine

A

permits limited use of copyrighted material without permission

  1. Purpose
  2. Nature
  3. Amount
  4. Effect
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7
Q

Trade secrets vs. Patents

A

can potentially be maintained indefinitely whereas patents can eventually expire

customer list IS a trade secret

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8
Q

Trademark

A

Lift vs. Lyft

first person to use a mark in trade owns it

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9
Q

Holder of a Utility Patent

A

has the exclusive right to make, use, sell, offer for sale, or import the patented invention. This means they can prevent others from not only selling or profiting from the invention but also from merely building or using the patented design without authorization.

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10
Q

Patent troll

A

It amasses a trove of patents, but instead of selling patented products it generates revenue by threatening lawsuits for supposed infringement of its patents.

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11
Q

On a copyright infringement claim, in which of the following ways can a plaintiff prove that the defendant actually copied her work?

A

By showing both that defendant had access to plaintiff’s work and that his later-created work was substantially similar to the plaintiff’s.

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11
Q

Originality requires

A

minimal creativity

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12
Q

Copyright Song

A

important part of the song is crucial

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12
Q

Artistic Idea

A

A pure artistic idea, such as a melody that has not been recorded or written, does not qualify for copyright protection.

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13
Q

Valid Copyright Infringement Claim

A

permission

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14
Q

Principal vs. Agent

A

principal - person who has someone acting for them

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15
Q

Independent Contractors

A

operate as self employed individuals or businesses

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16
Q

In some cases, an agency or court may deem a worker an employee under the “economic realities” test even if a majority of its six factors indicate independent contractor status.

A

True

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17
Q

Economic Realities Test

A

Is the worker economically dependent on the employer (employee) or in business for themselves (independent contractor)?

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18
Q

Express Authority

A

The principal grants express authority by words or conduct that, reasonably interpreted, cause the agent to believe that the principal desires the agent to act on the principal’s account.

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19
Q

Implied Authority

A

not explicitly stated

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20
Q

Apparent Authority

A

perceived by a third party based on the principal’s actions or representations

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21
Q

Fully Disclosed Principal

A

third party knows

agent is not liable

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22
Q

Unidentified Principal

A

third party knows but doesn’t know principal’s identity so may be held liable

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23
Q

Undisclosed Principal

A

third party doen’t know

agent is personally liable

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24
Q

When an employee-agent commits a negligent act within the scope of her employment that injures a member of the public, which of the following is true?

A

Both the employee and her employer are liable to the injured party.

Under the doctrine of respondeat superior (Latin for “let the master answer”), an employer is vicariously liable for the negligent acts of its employees when those acts are committed within the scope of their employment.

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25
Q

At Will Employment

A

applies in nearly every state

employer can terminate an employee at any time, for any reason, or for no reason at all, as long as it is not illegal. Similarly, an employee can quit their job at any time, for any reason, or for no reason, without facing legal consequences.

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26
Q

Without Cause

A

for no reason for any reason

except for any reason prohibited by law

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27
Q

An employee who accepts workers’ compensation benefits for a workplace injury:

A

can’t sue for negligence

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28
Q

Supervisors and Managers

A

do not benefit from the protections of the National Labor Relations Act (NLRA) if they attempt to unionize.

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29
Q

Sit Down Strike

A

not protected from the NLRA

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30
Q

When a company’s workers go out on strike, in which of the following circumstances is the company allowed to hire permanent replacement workers to replace the workers who strike?

A

When the strike is an economic strike intended to obtain improved wages or employee benefits.

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31
Q

Mandatory Subjects under NLRA

A

wages
work hours
employee benefits

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32
Q

Non Union

A

is also represented by NLRA

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33
Q

CBA

A

can be about anything

parties must bargain over wages, benefits, hours

may bargain over almost any subject

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34
Q

Interference

A

includes any policy or conduct that creates a reasonable probability of chilling EE’s from acting collectively to pursue better wages or conditions

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35
Q

Public communications that cross the line into disparagement

A

lose NLRA’s protections

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36
Q

Just Cause

A

principle in employment law that requires an employer to have a legitimate, fair, and reasonable reason to terminate an employee.

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37
Q

At Will can be Defeated

A

via implied contract rights

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38
Q

When company’s workers go on strike the company

A

When the strike is an economic strike intended to obtain improved wages or employee benefits.

39
Q

Qualified Privilege

A

protects employers from defamation liability when they provide statements about a former employee in good faith and for legitimate purposes

40
Q

Equal Pay Act

A
  1. Seniority
  2. Merit
  3. Quantity or Quality of Work
  4. Any other factor other than sex
41
Q

Racial Harassment by Coworkers

A

plantiff must additionally prove That the company knew or should have known of the harassment and failed to take prompt and effective remedial action to end it.

41
Q

disparate impact discrimination

A

seemingly neutral policy or practice disproportionately affects members of a protected class, even though there is no intentional discrimination

41
Q

Employee and Racial Discrimination Claim

A

cannot skip the EEOC process

42
Q

Harassment

A

is a form of discrimination

43
Q

Intentional Discrimination is called

A

disparate treatment

44
Q

For Intentional Discrimination

A

employee must prove employer’s stated reason is pretext

45
Q

Prime Facie

A
46
Q

Advantages of At Will

A

an at will ER does not have to show that its nondiscriminatory reason for termination was correct

47
Q

Employment Not AT WIll

A

individual contract

EE will be liable for damages if he quits during the term of employment for no good reason

ER will be liable if it terminates for a reason inconsistent with the contract

48
Q

Unfair Labor Practices

A
  1. Interfering with Employees’ Rights
  2. ER cannot fun or control a labor union
  3. Discriminate
  4. Once union is established, required to be in good faith
49
Q

Protected Activity

A

reporting discrimination

supporting another employee’s complaint in any manner

50
Q

EE and Protection

A

does not have to be correct to be protected

however, they need to have good faith and reasonable belief

51
Q

Valid Retaliation Claim

A

does NOT require a tangible employment action —–

only conduct that would chill others from reporting or supporting claims in the future

52
Q

Whistleblower Laws

A

protect an EE from retaliation for making a report of unlawful company conduct

53
Q

Oregon Whistelblower

A

absence of any reasonableness requirement

53
Q

Quid Pro Quo

A

applies to only harassment by supervisors

54
Q

Supervisor vs. Coworker Harassment

A

supervisors act as agents of their ER when they misuse their authority

ER’s are therefore automatically liable for harassment by their supervisors

55
Q

Non Supervisor Harassmnt

A

if non-supervisory coworkers are the harassers, ER’s liability goes on

constructive knowledge
failed to take reasonable action

56
Q

Larceny

A

theft of personal property

57
Q

Embezzlement

A

theft of money or assets by someone in a position of trust

58
Q

Fraudulent conversion

A

act of using or keeping property or money that is not yours for illegal or dishonest purposes. It is a type of larceny that is similar to stealing, but with an additional layer of dishonesty because the person tricked the owner.

59
Q

RICO

A

government must show that the defendant engaged in a pattern of racketeering activity, which requires at least two criminal acts (also called “predicate acts”) within a 10-year period

59
Q

Corporate Officers and Corporations

A

can be convicted of crimes under US Law

60
Q

Criminal Cases

A

unanimous decision

61
Q

Most Cases

A

do not go to trial

62
Q

In federal court, to overturn a jury’s conviction and replace it with a judgment of acquittal for the defendant, a trial court (i.e., the trial judge) must find which of the following?

A

That no rational jury could have found that the government proved the essential elements of the crime beyond a reasonable doubt, viewing the evidence in the light most favorable to the prosecution.

63
Q

False Representation is considered Material

A

if had a natural tendency to influence a person to part with money

64
Q

Consideration

A

It refers to the value (money, services, promises, etc.) exchanged between parties to form a binding agreement. Without consideration, a contract is typically not valid.

must flow both ways
promise must be legal

65
Q

Bargained for Exchange

A

Consideration must result from a bargain, meaning that each party agrees to give up something in exchange for the other party’s promise or action.

66
Q

Pre-existing Duty Rule

A

A promise to perform a duty that one is already legally or contractually obligated to perform is not valid consideration.

The reasoning is that the promisor is not giving anything new or additional in the exchange.
Examples:

Contractual Duty: If a contractor is already under a contract to build a house for $200,000, they cannot demand an additional $50,000 to complete the same project unless they offer something extra

67
Q

Non Criminal

A

51/49 = Preponderance of Evidence

68
Q

SEC and Offerings

A

Does not itself evaluate or investigate the quality of any offering; it simply ascertains that, on the surface, the company has disclosed all required information about itself and the security it is selling

69
Q

material

A

enough to affect a decision

70
Q

Predatory Pricing

A

setting extremely low prices to eliminate competitors

71
Q

DOJ vs. FTC

A

DOJ is consumer welfare, prices, product quality, innovation

FTC is more broad, through politics and society

72
Q

Monopsony

A

A dominant buyer that can unilaterally dictate terms to sellers/suppliers

73
Q

Per Se Violation

A

Unreasonable… affiliated with antitrust

the arrangement is inherently unreasonable

74
Q

Regulation D

A

The most common and important type of private offering is under Regulation D. It controls how much stock can be sold to whom and under what circumstances.

75
Q

Blue Sky Laws

A

state security laws

76
Q

Clayton Act

A

prevents mergers that are anticompetitive

77
Q

Tying Agreement

A

sell a product but also purchase another

78
Q

RPA - Robinson Patman Act

A

illegal to charge different prices to different purchasers

79
Q

Provisional Patent

A

does not grant a patent or legal rights to the invention. It provides a placeholder with the U.S. Patent and Trademark Office

12 months

80
Q

Copyright

A

lasts 120 years

81
Q

Endorsement

A

is protected under trade law

82
Q

Copyright Law

A
  1. Similar
  2. Access to the original
83
Q

When a contract goes wrong, a third party can always recover damages from the agent, whether the principal is fully disclosed, unidentified, or undisclosed.

T

F

A

False

83
Q

Trademark

A

needs to be association

84
Q

Principal

A

is always liable on a contract

85
Q

An agent may never act for two principals whose interests conflict.

T

F

A

False

As long as they give consent

86
Q

Agent and Principal

A

has a duty to provide the principal with all information in the agent’s possession that they have reason to believe the principal wants to know, even if the principal does not specifically ask for it

86
Q

Factor for deciding contractors

A

amount of control ER has over its workers

87
Q

Oral Promises

A

can be enforceable

88
Q

Title VII applies to all aspects of the employment relationship, including hiring, firing, and promotion.

T

F

A

T

89
Q

Advertising a Product

A

A store is not permitted to advertise a product unless it already has sufficient stock available to meet reasonably expected demand at the time of the advertisement. This falls under truth-in-advertising laws

90
Q

If a person in possession of material nonpublic information that he knows to be confidential reveals the information in violation of a fiduciary duty, he is liable for insider trading:

A

if he does not notify the company that he revealed the information.

91
Q

Information is Material

A

There is a substantial likelihood that a reasonable investor would consider it important in making an investment decision.

Business Law and Ethics (3 decks)

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