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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
Are governments typically immune from liability?
yes
26
Trademark
identifies a product (logo, saying, etc.)
27
Service Mark
identifies a service (store, salon, medical, etc.)
28
Lanham Act
Protects others from using a mark already occupied (marks may be reserved for up to 36 months)
29
Acquired Distinctiveness/Secondary Meaning
identifiable phrase connected to a service product and functions as a trademark
30
Injunction
plaintiff may recover lost profits and other actual damages while the other party stops their actions
31
How long do copyrights run?
The lifespan of the artist plus 70 years
32
What 4 elements are needed to establish a claim of defamation?
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
33
Royalties
how content creators get money when their content is brought
34
If a business pays someone to create the work, how long does that copyright run?
120 years after creation (95 years after publication)
35
Infringement
violation of law/contract
36
What can be copyrighted
original material, independently created by author, and possesses a degree of creativity
37
Copyright holders have exclusive access to (6 things)
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
Utility Patents
Granted for new process, machine, manufacture, composition, or improvement for 20 years
39
Design Patents
Protects new, non-obvious ornamental features in connection with manufacture for 14 years
40
Plant Patents
Protects inventors of asexually reproduced new plant varieties for 20 years
41
Trade Secrets
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
Loss of Protection
When secret business information is made public, it loses the protection it had while secret.
43
Defensive Measures
limited disclosure, non-disclosure agreements, exit interviews, and industrial security plans
44
Copyright Protection of Computer Programs
Written programs have the same protection as any other copyrighted material.
45
Patent Protection of Programs (computer)
Patents have been granted for computer programs.
46
Trade Secrets (computer)
Trade secret law extends to computer programs.
47
Restrictive Licensing (computers)
It is common for software creators to license software use to others instead of selling it to them.
48
What is the difference between a misdemeanor and a felony
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
What is the basis of criminal liability (2)?
1. Mental State (falls in line with intent) 2. Acts (employees) or Omissions (actus reus)
50
Corporate Liability
corporations are held liable for the acts of their employees
51
Officers and Agents of Corporations
can be held liable for employee's' conduct if they knew and failed to act
52
Name a few aspects that go along with the penalties of white-collar crimes
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
where are penalties paid to for a crime?
the government (can use the fines to assist the victim)
54
would defendants ever be ordered to pay restitution?
yes
55
Conspiracies
Agreements to commit an unlawful act
56
Money Laundering
Legitimate sources laundering money to illegal businesses
57
The Money Laundering Control Act
prohibits knowingly participating in a financial transaction designed to conceal the source of the funds
58
The Patriot Act
expands coverage to all financial transactions
59
Racketeering
investing money into an organized crime
60
Racketeer Influenced and Corrupt Organizations (RICO) Act
Designed to prevent those involved in organized crime from investing money obtained through racketeering in legitimate businesses
61
Expanding Usage
Predicate act, qualifying underlying offense
62
Bribery
The act of giving money, property, or a benefit to a person to influence their judgment
63
Commercial Bribery
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
Extortion
When a public officer makes an illegal demand
65
Blackmail
Extortion demands made by a nonpublic official
66
Foreign Corrupt Practice Act
Federal antibribery and anticorruption statute
67
Counterfeiting
The fraudulent making of a document or coin that appears to be genuine but is not
68
Forgery
Fraudulent making or material altering of an instrument that attempts to create or change a legal liability of another
69
Uttering
Issuing or delivering the forged instrument
70
Perjury
Knowingly giving false testimony in a judicial proceeding under oath
71
False Claims
Obtaining Goods by False Pretenses
72
Bad Checks
Passing a check with intent to defraud or knowing that there are insufficient funds
73
Credit Card Crime
stealing a credit card, possessing the card of another without that person’s consent
74
Embezzlement
Fraudulent conversion of another’s property
75
Obstruction of Justice
{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
Corporate Fraud (SOX)
A new form of mail/wire fraud, corporate officers must certify financial statements when issued
77
Larceny
Taking another’s personal property with fraudulent intent.
78
Robbery
Taking personal property from the victim by force or threat.
79
Burglary
Breaking and entering the dwelling of another to commit a felony.
80
Arson
Malicious burning.
81
Do riots and civil disorders fall under white collar-crimes or common law crimes?
common law crimes

BUSI 336 (2 decks)

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