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Business law Exam 2 > Chapter 4-6 > Flashcards

Chapter 4-6 Flashcards

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1
Q

Tort

A

A civil wrong done to a person or property.

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2
Q

Special damages

A

Compensation for actual out of pocket losses. Ex: lost wages, medical expenses, repair or replace damages to property etc.

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3
Q

General damages

A

Compensation for pain and suffering (for the non monetary losses.) ex: physical or emotional pain and suffering, loss of companionship, etc.

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4
Q

Punitive damages

A

Monetary damages that may be awarded to a plantiff
to punish the defendant and deter similair conduct in the future
(Usually gross negligence or intentional.)

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5
Q

Intentional tort against persons:

Assault

A

Tortfeasor intends to make another fearful of being physically touched or harmed.

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6
Q

Intentional tort against persons:

Battery

A

Unexcused and harmful or offensive contact intentionally performed.

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7
Q

Intentional tort against persons:

False imprisonment

A

Intentional confinement or restraint of another person’s activities without justification by physical barriers, physical restraint or threats of physical force.

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8
Q

Intentional tort against persons:

Intentional infliction of emotional distress

A

Extreme and outrageous intentional act to cause severe emotional distress to another.
Ex: threat of physical harm and stalking.

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9
Q

Intentional tort against persons:

Defamation

A

Anything published or publicly spoken that causes injury to another’s good name, reputation, or character. False facts about others.
Defense: the truth

Libel- written or digitally recorded. Held liable for special damages.

Slander- spoken defamation. Held liable for General damages

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10
Q

Intentional tort against persons:

Invasion of privacy and appropriation

A
  1. Intrusion into an individual’s affairs or seclusion- wiretap, eavesdrop, searching personal belongings, peeping, invading someone’s home.
  2. False light- publishing falsehoods about a person. (Defamatory)
  3. Public disclosure of private facts- not a matter of public concern and embarrassing to the person.
  4. Appropriation of identity- using likeness or image without permission, for the benefit of the user.
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11
Q

Intentional tort against persons:

Fraudulent misrepresentation

A

Any misrepresentation by omission by a material fact or misstatement made with the intend to defraud another in which a reasonable person would rely to their detriment.

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12
Q

Intentional tort against persons:

Abusive or frivolous litigation

A

People have a right not to be sued without a legally just and proper reason and therefore it protects individuals from the misuse of litigation.

Malicious prosecution- if a person sues someone out of malice without probable cause(legitimate legal reason) and ends up losing the suit. They can be sued for malicious prosecution.

Abuse of process- any person using a legal process against another in an improper manner or to accomplish a purpose for which it wasn’t designed.

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13
Q

Wrongful interference

A

Contractual relationship- intentionally induced a person to breach a contract with another.

  1. A valid enforceable contract must exist between two parties
  2. 3rd party must know the contract exists
  3. 3rd party must intenionay induce a party to breach the contract.

Business relationship- using predatory behavior to entice customers from competitors.

Defense- Showing that the interference was justified or permissible.

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14
Q

Intentional torts against property:

A

Wrongful acts that interfere with individuals legally recognized rights with regards to their land(moveable things) or personal property (furniture inside house: cash, bonds, and stocks.)

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15
Q

Intentional torts against property:

Trespass to land

A

Entry into, above or below the surface of land owned by another without the owners permission. Ex: walking, driving on another’s land if land owner says you are a trespasser.

Defenses: trespasser entered property to assist someone in danger. If you are a licensee.(meter reader).

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16
Q

Intentional torts against property:

Trespass to personal property

A

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owners possession of personal property.

Defense: show that trespasser was warranted.
Ex: most states allow automobile repair shop to retain a customers car when the customer refuses to pay for repairs already completed.

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17
Q

Intentional torts against property:

Conversion

A

Wrongfully taking or retaining possession of an individuals personal property and placing it in the service of another without permission. (Permenant)

Defense: the purported doesn’t own the property or doesn’t have a right to posess it that is superior to the right of the holder.

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18
Q

Intentional torts against property:

Disparagement of property

A

Spreading untrue rumors about another’s product or property, slanderous statement about quality or ownership of title.

Slander of quality or trade libel- publication of false info bout another’s product saying it isn’t what it’s seller claims.

Slander of title- when a publication denies or casts doubts about another’s legal ownership of any property and the property’s owner suffers financial loss.

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19
Q

Unintentional torts (negligence)

A

When someone suffers injury because of another’s failure to live up to a required duty of care.
1. Duty of care- that the defendant owed a duty of care to the plantiff.
2. Breach of that duty- that the defendant breached that duty. Courts ask how a reasonable person would have acted in the same situation(reasonable person standard)-society judgement.
3. Causation- the defendant’s breach caused the plantiffs injury. Court figuring out if there is causation:.. Causation in fact? injury wouldn’t have happened without the defendants act. Proximate cause? Connection between an act and injury is strong enough to justify imposing liability.
4. Damages: the plantiff suffered legally recognizable injury.
Damages:
Defense: if injury is not foreseeable can’t sue. If no legally recognizable injury=no tort exists, so no compensation. Plantiff failed to prove the existence of one or more of the required negligence.

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20
Q

Assumption of risk

A

A plantiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover.

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21
Q

Superseding cause

A

An unforseeable intervening event may break the connection between a wrongful act and an injury to another. (Rare)

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22
Q

Contributory negligence

A

Used only in a few states, a plantiff cannot recover any damages if the damage suffered is partly the plantiffs fault as well.

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23
Q

Comparative negligence

A

Used in majority of states, reduces the plantiffs compensation in proportion to the plantiffs degree of fault.
Ex: plantiff 51% at blame they will only recover 49%

24
Q

Res ispa loquitor

A

The facts speak for themselves. A doctoring under which negligence may be inferred simply because an event occurred, if it is the type of event that wouldn’t occur in the absence of negligence.

25
Q

Negligence per se

A

An action or failure to act in violation of a statutory requirement. If an individual violates a statute and causes harm that the statute was intended to prevent.

26
Q

Duty of care based on status

A

Landowner to trespasser: landowners are expected to excercise reasonable care to protect the trespasser from harm.

Business owner to invitees: retailers and other firms that explicitly or implicitly invite persons to come into their premises are usually charged with a duty to excercise reasonable care to protect invitees.

Professional(doc or lawyer) to client: a professional has a certain level of knowledge and training, a higher standard of care applies. If a professional violates their duty of care, professional may be sued for mal practice.

27
Q

Trademark

A

A distinctive sound, word, symbol that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others.
Protection- if they don’t have protection they can lose sales with fake company look alikes.
Renewable 5-6 yrs after registration and 10 yrs after. Before 1990=20 yrs. once registered its yours.

28
Q

Trademark infringement

A

When the trademark has been used without authorization.

Lawsuit- owner must show that the defendants use of the trade mark created confusion about the origin of defendants goods or services.
Remedy- injunction to prevent future infringment.

29
Q

Service mark

A

A trademark that provides a service.

Ex: airlines.

30
Q

Trade name

A

A name that a business uses to identify itself and its brand. Indicates part or all of a businesses name wether the business is sole proprietorship , partnership, or corp.

31
Q

Certification mark

A

Used by one or more persons other than the owner to certify the region, materials, mode of manufacturer, quality or characteristic of specific goods or services.
Ex: good house keeping seal of approval.

32
Q

Licensing

A

An agreement by the owner of intellectual property to permit another to use a trademark, copyright etc. for limited purposes.
Licensor-owner of intellectual property
Licensee- party obtaining the license.

33
Q

Cyber squatting

A

When a person registers a domain name that’s the same as or similair to the trademark of another then offers to sell the domain name back to the trademark owner.

34
Q

Domain

A

“Website”

35
Q

Patent

A

A grant from the government that gives an inventor the exclusive right to make, use and sell an invention for a period of 20 years.

36
Q

Copyright

A

Exclusive right of an author or originator of a literary or artistic production to publish, sell or use that production.

37
Q

Trade secret

A

A formula, device, idea, process, or other info used in a business that gives the owner a competitive advantage in the marketplace.

38
Q

Burden of proof (criminal)

A

The state(prosecutor) must prove its case beyond a reasonable doubt(standard of proof) that the defendant has committed every essential element of offense for which he or she is charged.

39
Q

Violent crimes

A

Crimes against persons that cause harm or death.

> Robbery- stealing cash etc from someone by force or fear
Rape
Murder

40
Q

Property crime

A

Goal of offender is economic gain or damaging of property.

> Larceny- stealing or theft. Taking someone’s property to deprive them of their possession.
burglary- unlawful entry of breaking into a building with intent to commit a felony.
obtaining goods by false pretenses- trickery or fraud. Ex:paying for an iPad with a stolen credit Card.
receiving stolen goods: receiving goods that a person knows or should have known were stolen or illegally obtained.
arson- intentional burning of a building or car.
forgery- the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

41
Q

Public order crime

A

Affects society. Victimless crimes that harm only the offender. Public drunkness, Gambling, illegal drug use, and prostitution.

42
Q

White collar crime

A

Non violent crime seen in business people.

> embezzlement- when a person who is entrusted with another person’s funds or property and fraudulently uses it.
mail and wire fraud- federal crime to devise any scheme that uses the U.S. Mail, commercial carriers or wire including telephone etc with the intent to defraud the public. 20 years in prison or fined.
bribery-offering something of value to someone in an attempt to influence them (public official sometimes) to act in a way that serves private interests.
theft of trade secrets- stealing someone else’s trade secret.
insider trading-purchase or sale of securities on the basis of inside info that hasn’t been made available to the public.

43
Q

Organized crime

A

Illegitimate business(illegal)

> Money laundering-engaging in financial transactions to conceal the indemnity, source, or destination of illegally gained funds.
RICO(racketeer influenced and corrupt organizations act- an organized illegal activity can’t purchase any interest in an enterprise if you do racketeering. Gang members or mafia

44
Q

Self defense

A

Defense to criminal liability. Defending yourself

45
Q

Necessity

A

Defense to criminal liability. A criminal act was necessary to prevent an even greater harm.

46
Q

Insanity

A

A person who suffers a mental illness wouldn’t have state of mind to be able to commit a crime. They would be sent to mental institution instead of jail. Defense to criminal liability.

47
Q

Mistake

A

A confusion of info, which can sometimes negate criminal intent.
Defense to criminal liability.

48
Q

Duress

A

When the wrongful threat of one person induces another to perform an act that he or she wouldn’t perform otherwise.
Defense to criminal liability.

49
Q

Entrapment

A

A defense in which a defendant claims that they were induced by a public official to commit a crime that they wouldn’t have done.
Defense to criminal liability.

50
Q

Statute of limitations

A

The state must initiate criminal prosecution within a certain number of years, otherwise the accused person can raise a statute of limitations as a defense.
Defense to criminal liability.

51
Q

Probable cause

A

Reasonable grounds for believing that a search should be conducted or that a person should be arrested.

52
Q

Search warrant

A

Search cannot extend beyond what search warrant says. To obtain a search warrant officers must convince the judge that they have a probable cause.

53
Q

Unreasonable searches and seizures

A

Government inspectors don’t have the right to search business premises without a warrant.
Lawyers and accountants require warrant to inspect documents of their clients. Inspecting a physicians medical records requires a warrant only way it’s allowed if physician allows search.

54
Q

Double jeopardy

A

Protects person from being tried twice for the same criminal offense, if not guilty the first time. 5th amendment

55
Q

Exclusionary rule

A

A rule that prevents evidence that is obtained illegally or without a proper search warrant and any evidence derived from illegally obtained evidence from being admissible in court.
Fruit of poisonous tree - 4 5 6 amendments violation.

56
Q

Parties to a civil suit

A

Person who suffered harm, plantiff.

57
Q

Compensatory damages

A

Compensation or reimbursement to plantiff for actual losses.
(A monetary award equivalent to the actual value of injury damages or injury sustained by the tortffeasor.)

Business law Exam 2 (1 decks)

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