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Business Law > Business Law 5-7 Test > Flashcards

Business Law 5-7 Test Flashcards

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1
Q

Intellectual Property

A

any property resulting from intellectual, creative processes, such as books, software, music, apps

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2
Q

Trademark

A

a distinctive word, symbol, or design that identifies the manufacturer as the source of the goods and distinguishes its products and services from those made or sold by others.

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3
Q

Lanham Act of 1946

A

protect manufacturers from losing business to rival companies that use confusingly similar trademarks

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4
Q

Trademark Infringement

A

when one uses a mark that is the same as, or confusingly similar to, the protected trademark, service mark, trade name, or trade dress of another without permission when marketing goods or services

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5
Q

Trade Dress

A

the image and overall appearance of a product

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6
Q

Trade Name

A

part or all of a business’s name

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7
Q

Licensing

A

an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain limited purposes

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8
Q

Patent

A

a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for twenty years from the date when the application for a patent is filed

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9
Q

What is Patentable?

A

an invention (or a discovery, process, or design) must be genuine, novel, useful, and not obvious in light of current technology

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10
Q

Patent Infringement

A

when one uses or sells another’s patented design, product, or process without the patent owner’s permission

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11
Q

Copyright

A

an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions

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12
Q

What can be copyrighted?

A

books, records, films, artworks, architectural plans, menus, music videos, product packaging, and computer software

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13
Q

Copyright Infringement

A

whenever the form or expression of an idea is copied without the permission of the copyright holder

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14
Q

Trade Secret

A

information of commercial value. It includes customer lists, plans, research and development, and pricing information

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15
Q

SPAM

A

unsolicited junk e-mail, which accounts for about three-quarters of all e-mails and targets both businesses and individuals

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16
Q

Domain Names

A

the part to the left of the period in an Internet address. The right part indicates the type of entity that operates the site. Cengage is the domain name In the Internet address, cengage.com

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17
Q

Cybersquatting

A

when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the trademark owner

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18
Q

Meta tags

A

keywords inserted into HTML code to tell Internet browsers information about a Web site

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19
Q

Trademark Dilution

A

occurs when a trademark is used online, without authorization, in a way that diminishes the distinctive quality of the mark.

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20
Q

Laws surrounding spam

A

Laws to combat spam have been enacted by 36 states and the federal government, but the flow of spam continues

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21
Q

The Internet Corporation for Assigned Names and Numbers (ICANN)

A

oversees the distribution of domain names and operates an online arbitration system

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22
Q

The Anticybersquatting Consumer Protection Act (ACPA)

A

makes cybersquatting illegal

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23
Q

What must be true for cybersquatting to be illegal?

A
  1. The name is identical or confusingly similar to the trademark of another.
  2. The one registering, trafficking in, or using the domain name has a “bad faith intent” to profit from that trademark.
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24
Q

Digital Millennium Copyright Act (DMCA)

A

It establishes civil and criminal penalties for anyone who bypasses encryption software or other antipiracy technologies

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25
Q

Social Media

A

a means by which people can create, share, and exchange ideas and comments via the Internet

26
Q

The Electronic Communications Privacy Act (ECPA)

A

protects a person’s electronic communications from being intercepted or accessed

27
Q

Cyber torts

A

are torts that arise from online conduct

28
Q

Consumer Privacy Bill of Rights

A

Designed to ensure the privacy of personal information that is on the Internet

29
Q

Civil Law

A

spells out the duties that exist between persons or between persons and their governments, excluding the duty not to commit crimes

30
Q

Criminal Law

A

has to do with crimes that are wrongs against society proclaimed in statutes and punishable by society through fines and/or imprisonment

31
Q

Who proves a civil case?

A

the plaintiff must prove the case by a preponderance of the evidence

32
Q

Who proves a criminal case?

A

the state must prove its case beyond a reasonable doubt

33
Q

Wrongful act in civil law

A

Causing harm to a person or a person’s property

34
Q

Wrongful act in criminal law

A

Violating a statute that prohibits an activity

35
Q

Remedy to civil law

A

compensate for the harm of the decree to achieve an equitable result

36
Q

Remedy to criminal law

A

Punishment

37
Q

What two elements must be true before a person can be held liable for a crime?

A

Guilty Act and Intent

38
Q

Guilty act (actus reus)

A

In general, some form of harmful act must be committed for a crime to exist

39
Q

Intent

A

An intent to commit a crime or a wrongful mental state

40
Q

Violent Crime

A

Those that cause others to suffer harm or death, including murder, assault and battery, sexual assault (rape), and robbery.

41
Q

Property Crime

A

include burglary, larceny, obtaining goods by false pretenses, receiving stolen goods, arson, and forgery

42
Q

Public Order Crime

A

include public drunkenness, prostitution, gambling, and illegal drug use.

43
Q

White-Collar Crime

A

include embezzlement, mail and wire fraud, bribery, bankruptcy fraud, theft of trade secrets, and insider trading

44
Q

Organized Crime

A

conducted by groups operating illegitimately to satisfy the public’s demand for illegal goods and services

45
Q

Felonies

A

serious crimes punishable by death or by imprisonment for more than one year

46
Q

Misdemeanors

A

less serious crimes punishable by fines or by confinement for up to one year

47
Q

Fourth Amendment Protection

A

Provides protection against unreasonable searches and seizures and requires that probable cause exist before issuing a search warrant or an arrest

48
Q

Fifth Amendment Protection

A

Requires due process of law, prohibits double jeopardy, and protects against self-incrimination

49
Q

Sixth Amendment Protection

A

Guarantees a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to counsel

50
Q

Eighth Amendment Protection

A

Prohibits excessive bail and fines, and cruel and unusual punishment

51
Q

The Exclusionary Rule

A

Prohibits the introduction of all evidence obtained in violation of constitutional rights or any evidence derived from the illegally obtained evidence

52
Q

The Miranda Rule

A

individuals who are arrested must be informed of certain constitutional rights, including their right to counsel

53
Q

Arrest

A

Police Officer takes suspect into custody, most arrests are made without a warrant.

54
Q

Indictment

A

A written document issued by the grand jury to formally charge the defendant with a crime

55
Q

Information

A

A formal criminal charge made by the prosecutor

56
Q

Trial

A

Can be either a jury trial or a bench trial, if the verdict is “guilty”, the judge sets a date for the sentencing.

57
Q

Cyber Crime

A

any criminal activity occurring on the Internet

58
Q

Cyber Fraud

A

Fraud committed over the internet. Includes online auction fraud and online retail fraud

59
Q

Cyber Theft

A

Includes Identity theft, phishing, employment fraud, and credit card data theft

60
Q

Hacking

A

Using one computer to break into another

61
Q

Cyberterrorism

A

aim to cause serious problems for computer systems

Business Law (4 decks)

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