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BUSI 336 > EXAM 2 > Flashcards

EXAM 2 Flashcards

1
Q

Tort

A

Civil wrong that interferes with one’s property or person

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2
Q

What court do Torts fall under

A

Civil Court

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3
Q

Tort v.s. Distinguished Crime

A

Torts violate private duty while distinguished crimes violate public duty

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4
Q

Can an act be both a crime and a tort?

A

yes

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5
Q

Intentional Torts

A

Wrongdoer meant to do it

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6
Q

Negligence

A

Failure to exercise due care

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7
Q

Strict Liability

A

Absolute liability due to the dangerous nature of the activity (does not need to be proven “guilty” or “innocent”)

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8
Q

Torts and Contracts fall under what type of law

A

common law

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9
Q

Assault

A

threatening a person with the intent of harm

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10
Q

Battery

A

harming a person

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11
Q

False Imprisonment

A

detaining a person without their consent

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12
Q

Shopkeeper’s Privilege

A

Store owners are allowed to detain a shoplifter for a reasonable amount of time

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13
Q

Intentional Infliction of Distress

A

outrageous conduct that leads to the mental anguish of an individual (mental cruelty)

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14
Q

Invasion of Privacy

A

public disclosure of private facts, affairs, or damaging one’s name/reputation

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15
Q

Defamation

A

a false statement made about another person

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16
Q

4 forms of defamation

A
  1. Libel: false statement written
  2. Slander: false statement spoken
  3. Online issue: false statement published online
  4. Defenses: skewed truth (not typically held to the same standard)
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17
Q

Product Disparagement

A

false statements made about a product or business

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18
Q

Wrongful Interference with Contracts

A

a third party interferes with other’s right to a contract

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19
Q

Trespass

A

unauthorized action with respect to land or property

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20
Q

4 Elements of Negligence

A
  1. Duty to Exercise reasonable care
  2. Breach of Duty
  3. Causation: duty and breach are connected to the plaintiff’s injuries
  4. Damages: actual losses that are sustained
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21
Q

Contributory Negligence

A

Plaintiff’s actions contributed to the “negligent” results, thus not getting the same compensation because they were a part of the situation

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22
Q

Comparative Negligence

A

Plaintiff and defendant’s contribution are compared, and compensation is determined by the degree of fault from each party

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23
Q

Express Assumption

A

a written acknowledgement that the plaintiff was aware of the risks

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24
Q

Implied Assumption

A

risks are inherently understood based on the activity the plaintiff is taking part in

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25
Q

Are governments typically immune from liability?

A

yes

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26
Q

Trademark

A

identifies a product (logo, saying, etc.)

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27
Q

Service Mark

A

identifies a service (store, salon, medical, etc.)

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28
Q

Lanham Act

A

Protects others from using a mark already occupied (marks may be reserved for up to 36 months)

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29
Q

Acquired Distinctiveness/Secondary Meaning

A

identifiable phrase connected to a service product and functions as a trademark

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30
Q

Injunction

A

plaintiff may recover lost profits and other actual damages while the other party stops their actions

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31
Q

How long do copyrights run?

A

The lifespan of the artist plus 70 years

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32
Q

What 4 elements are needed to establish a claim of defamation?

A
  1. Defendant makes a false statement
  2. False statement is identified to be about the plaintiff with the intent of harming the plaintiff’s reputation
  3. statement was shared with at least one other person/source than the plaintiff
  4. (for famous people) plaintiff must prove actual malice

plaintiff’s party must prove that these elements about the defendant are true

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33
Q

Royalties

A

how content creators get money when their content is brought

34
Q

If a business pays someone to create the work, how long does that copyright run?

A

120 years after creation (95 years after publication)

35
Q

Infringement

A

violation of law/contract

36
Q

What can be copyrighted

A

original material, independently created by author, and possesses a degree of creativity

37
Q

Copyright holders have exclusive access to (6 things)

A
  1. reproduce the work
  2. prepare derivatives from the original work
  3. distribute copies of recordings of the original work
  4. publicly perform the work
  5. publicly display the work
  6. assign or license rights and collect royalties
38
Q

Utility Patents

A

Granted for new process, machine, manufacture, composition, or improvement for 20 years

39
Q

Design Patents

A

Protects new, non-obvious ornamental features in connection with manufacture for 14 years

40
Q

Plant Patents

A

Protects inventors of asexually reproduced new plant varieties for 20 years

41
Q

Trade Secrets

A

Any formula, device, or compilation of information used in one’s business that provides an advantage over competitors who do not have that information

42
Q

Loss of Protection

A

When secret business information is made public, it loses the protection it had while secret.

43
Q

Defensive Measures

A

limited disclosure, non-disclosure agreements, exit interviews, and industrial security plans

44
Q

Copyright Protection of Computer Programs

A

Written programs have the same protection as any other copyrighted material.

45
Q

Patent Protection of Programs (computer)

A

Patents have been granted for computer programs.

46
Q

Trade Secrets (computer)

A

Trade secret law extends to computer programs.

47
Q

Restrictive Licensing (computers)

A

It is common for software creators to license software use to others instead of selling it to them.

48
Q

What is the difference between a misdemeanor and a felony

A

A misdemeanor is punishable by less than one year in prison while a felony is punishable by more than one year in prison (punish ability difference)

49
Q

What is the basis of criminal liability (2)?

A
  1. Mental State (falls in line with intent)
  2. Acts (employees) or Omissions (actus reus)
50
Q

Corporate Liability

A

corporations are held liable for the acts of their employees

51
Q

Officers and Agents of Corporations

A

can be held liable for employee’s’ conduct if they knew and failed to act

52
Q

Name a few aspects that go along with the penalties of white-collar crimes

A
  1. computing new penalties for corporations
  2. corporate integrity agreements
  3. federal sentencing guidelines
  4. officer and executive banishment from business fields
  5. mandatory sentences for officers of corporations who masterminded crimes
  6. sarbanes-oxley reforms to criminal penalties
  7. creative penalties for white-collar crimes
53
Q

where are penalties paid to for a crime?

A

the government (can use the fines to assist the victim)

54
Q

would defendants ever be ordered to pay restitution?

A

yes

55
Q

Conspiracies

A

Agreements to commit an unlawful act

56
Q

Money Laundering

A

Legitimate sources laundering money to illegal businesses

57
Q

The Money Laundering Control Act

A

prohibits knowingly participating in a financial transaction designed to conceal the source of the funds

58
Q

The Patriot Act

A

expands coverage to all financial transactions

59
Q

Racketeering

A

investing money into an organized crime

60
Q

Racketeer Influenced and Corrupt Organizations (RICO) Act

A

Designed to prevent those involved in organized crime from investing money obtained through racketeering in legitimate businesses

61
Q

Expanding Usage

A

Predicate act, qualifying underlying offense

62
Q

Bribery

A

The act of giving money, property, or a benefit to a person to influence their judgment

63
Q

Commercial Bribery

A

An agent for another is paid or given something of value to make a decision on behalf of the principal that benefits the party paying the agent.

64
Q

Extortion

A

When a public officer makes an illegal demand

65
Q

Blackmail

A

Extortion demands made by a nonpublic official

66
Q

Foreign Corrupt Practice Act

A

Federal antibribery and anticorruption statute

67
Q

Counterfeiting

A

The fraudulent making of a document or coin that appears to be genuine but is not

68
Q

Forgery

A

Fraudulent making or material altering of an instrument that attempts to create or change a legal liability of another

69
Q

Uttering

A

Issuing or delivering the forged instrument

70
Q

Perjury

A

Knowingly giving false testimony in a judicial proceeding under oath

71
Q

False Claims

A

Obtaining Goods by False Pretenses

72
Q

Bad Checks

A

Passing a check with intent to defraud or knowing that there are insufficient funds

73
Q

Credit Card Crime

A

stealing a credit card, possessing the card of another without that person’s consent

74
Q

Embezzlement

A

Fraudulent conversion of another’s property

75
Q

Obstruction of Justice

A

{Sarbanes-Oxley (SOX)} Altering, destroying, falsifying with intent to obstruct the administration of any matter within the jurisdiction of any U.S. department of agency

76
Q

Corporate Fraud (SOX)

A

A new form of mail/wire fraud, corporate officers must certify financial statements when issued

77
Q

Larceny

A

Taking another’s personal property with fraudulent intent.

78
Q

Robbery

A

Taking personal property from the victim by force or threat.

79
Q

Burglary

A

Breaking and entering the dwelling of another to commit a felony.

80
Q

Arson

A

Malicious burning.

81
Q

Do riots and civil disorders fall under white collar-crimes or common law crimes?

A

common law crimes

BUSI 336 (2 decks)

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