Business Law Exam 2 Flashcards
What are the two main purposes of criminal law?
To make society safe and protect from false accusations/punishments
What does the government have to do prove someone guilty and throw them in jail? What type of trial has no jury?
Prove beyond reasonable doubt. Bench trial.
Is restitution when the guilty defendant reimburses the victim for harm caused?
Yes
When entrapment occurs does the defendant have to prove beyond reasonable doubt that government forced them to commit a crime?
Yes
What does the 4th amendment state?
Protects people from unreasonable searches and seizures by the government
Which amendment enables individuals to not provide evidence against themselves?
5th
What do Miranda Rights state?
Forceful interrogation may lead to defendants forgetting constitutional rights
Does 6th amendment guarantee right to lawyer at all important stages of criminal process?
Yes
Does the discovery and double jeopardy ensure that the 8th amendment is not violated?
Yes
What is wire and mail fraud?
Involve use of interstate advertising to obtain property by deceit
What is the difference between phishing and spear phishing?
Phishing: entering personal details on illegal website, and spear phishing: message that looks like sent from someone they know
What is the Racketeer Influenced and Corrupt Organisations Crime?
Powerful federal state aimed at originally organised crime but now criminal/civil lawsuits for previous crimes
Is a compliance program designed to reduce the amount of lawsuits against a company?
Yes
What is a tort?
Violation of duty imposed by civil law
What are the two types of defamation and it’s definition?
Libel (written) and slander (oral). Act of communicating false statements about a person that injures the reputation of that person
If defamation does not harm the plaintiff may it constitute slander per se and libel per se (oral and written which are assumed to be harmful)?
Yes
Does absolute privilege state that witnesses will never be sued for defamation?
Yes
What is the difference between battery, assault, and conversion?
battery: touching another person in a way that is harmful/offensive. assault: act that makes person fear imminent battery. conversion: taking/using someone personal property without consent.
What are compensatory damages?
Money intended to restore a plaintiff’s position prior to being injured
What three factors would determine punitive damages against defendant?
worthiness of conduct, ratio between harm suffered and award, similar past decisions
Do the types of jury awards given differ between states?
Yes
Does Lanham Act provide broad protection when one business tries to intentionally hurt another?
Yes
In a negligence case do all 5 elements have to be proven?
Yes
In duty of care does each persona has right to behave as reasonable person would?
Yes
Is negligence per se happening when minimum standards set by legislature are violated?
Yes
What is the difference between factual and proximate cause?
Factual: defendant breach led to ultimate harm, and proximate: actual harm must have been foreseeable
If the jury carries out comparative negligence and discovers the plaintiff had contributory intelligence would the plaintiff had been 50% or more involved?
Yes
What two tests have put in place to limit arguments to do with design defect?
Consumer expectation and risk utility (weighs benefits and dangers towards society)
Have 2/3 of states limited the damage in tort actions and can statue of limitations occur indicating when lawsuits can be filed?
Yes
Has specific legal exception meant that in certain businesses employees cannot be fired for good, bad, or no reason?
Yes
Is qualified privileges when employers are only liable for reference they know are false?
Yes
State one organisation supporting whistle blowers?
Sarbanes-Oxley Act of 2002, which promotes public disclosure
Are employers able to follow staff for off-duty conduct such as drugs and alcohol?
Yes
Does national labor relations act protect all employees involved in collective activity in workplace? Despite SCA can employers check employees social media at work?
Yes. Yes.
Under what circumstances can an employer make an employee do a polygraph test?
Employee is part of ongoing investigation, applying for government job, applying to job involving controlled substances
Can the employer be held responsible for data spill and hackings?
Yes
What does Patient Protection and Affordable Care Act provide?
Employers of 50 + employees made to give basic health insurance
Does the Norris-LaGuardia Act prohibit injunctions in violent labour disputes?
Yes
Is concerted action tactics by union members to gain bargaining advantage?
Yes
State two limits to when strikes can be placed?
60 days cool off period and no union can strike when collective bargaining in place
What are the 3 types of strikes?
Sit down, partial, and economic
Are picketing and lockouts lawful?
Yes
Following the civil war were three amendments implemented to do with discrimination? (13th, 14th, 15th)
Yes
Did the 1866 civil rights act, Plessy v. Ferguson 1896, and Brown v. Board of Education 1954 all associate making everyone equal?
Yes
Does Title VII prohibit discrimination and does 5th amendment prohibit federal government from depriving individuals of life, liberty, property without due process of law?
Yes. Yes
Where did Civil Rights Act of 1866 intend to prohibit discrimination?
Privately and publicly
State definition of disparate treatment and disparate impact?
Person is treated less favourably due to above reasons. On face not discrimination but on inside is
Unattractiveness is not protected under Title VII?
True
Does EEOC believe discriminating against transgender is part of Title VII?
Yes
What are affirmative action programs?
Revive effects of past discrimination
What is the Bona Fide Qualification (BFOQ)?
Employer is permitted to establish discriminatory job requirements if essential to position
When are employers not allowed to discriminate with anyone over the age of 40?
When have 20 or more workers
State 2 Act prohibiting discrimination based on disability?
Rehabilitation Act of 1973 and Americans with Disabilities Act
Does Genetic Information Non-discrimination Act mean employers cannot use previous genetic health history to decide who going to hire?
Yes
Do people who bring constitutional claims feel suits on their own but do plaintiffs go through EEOC who mediate?
Yes
Do IP owners know if someone is using it’s software for free?
No
What is the difference between utility and plant patents?
Utility is protecting ways invention occurs (94% of all patents) and plant patents occur if able to replicate
Must a patent be novel (substantially different to any public knowledge) and non-obvious?
Yes
How long after a patent application being filed can it be challenged for? Must an inventor apply in each country where patent is sought?
9 months and yes.
When does an expression become different? For how long after being published/created does a copyright stand?
When becomes tangible. 95 years and 120 years
Is fair use doctrine done without author’s permission?
Yes
Is the ISP (Internet Service Provider) liable for deleting copyright info and circumventing tools to do so if they don’t know it’s illegal?
No
Is Berne Convention gives copyright protection to artistic and literacy work created in it’s 172 nations?
Yes
Does Lanham Act require trademarks to be registered?
Yes
What two ways does trademark dilution occur?
Blurring (original losing distinctive look by new marks), tarnishment (association with unwholesome goods/services)
What is the difference between the Paris and Madrid Agreement/ Convention?
Someone who files in one country can do same in another, and any international trademark is available in all signatory nations
What is the Economic Espionage Act of 1996?
Criminal act to steal (attempt) to benefit someone other than owner?
