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Business Law > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

Tort Definition

A

Civil action to provide remedy for injury to protected interest.
E.g. personal physical safety or protection of property.

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2
Q

Compensatory damages

A

Reimburse for actual losses

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3
Q

Punitive damages

A

Non-monetary, punish the wrongdoer

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4
Q

Intentional Torts Against Persons

A

Must intend consequences, or know that certain consequences would result.

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5
Q

Assault

A

Threat of immediate harmful or offensive contact. Must be reasonably believable, no contact necessary.

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6
Q

Battery

A

Completed assault, harmful or offensive contact. No injury required.

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7
Q

False Imprisonment

A

Intentional physical confinement/restraint of another’s activities without justification or consent.

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8
Q

Intentional Infliction of Emotional Distress

A

Extreme/outrageous act that results in severe emotional distress of another.

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9
Q

Defamation

A

Publishing false statements of fact about another

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10
Q

Invasion of Privacy

A

Intrusion into affairs or seclusion/false attribution/public disclosure of private facts/appropriation of identity

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11
Q

Malicious Prosecution

A

Initiating lawsuit out of malice and with no legitimite legal reason

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12
Q

Abuse of Process

A

Using legal process against another in improper manner of for improper purpose

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13
Q

Trespass to Land

A

W/o permission, entering/remaining on, above, or under land.

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14
Q

Trespass to Personal Property

A

Intentional interference with use or enjoyment of personal property without consent or privilege

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15
Q

Conversion

A

Wrongfully possessing, taking, etc. property without permission (civil theft)

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16
Q

Slander of Quality

A

(Trade libel) publication of false info about another’s product, resulting in economic damages

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17
Q

Slander of Title

A

Publication falsely denying or casting doubt on another’s legal ownership of property, resulting in economic damages.

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18
Q

Negligence

A

Tortfeasor doesn’t intend consequences or the act or believe they will occur

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19
Q

4 Elements of Negligence

A
  1. Duty
  2. Breach
  3. Causation
  4. Damages
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20
Q

Duty of Care and Breach

A

Defendant owes duty to protect Plaintiff from foreseeable ricks that Defendant knew or should have known about

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21
Q

Duty of Professionals

A

Professionals may owe higher duty of care based on special education, etc. (Professional malpractice)

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22
Q

Assumption of Risk

A

Plaintiff has knowledge of risk and voluntarily engages in act anyway

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23
Q

Strict Liability

A

Liability without fault. Liability despite the exercise of reasonable care

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24
Q

Product Liability (Harmful or defective)

A

Manufacturers and sellers can spread cost, fair operating cost for those who profit from a product

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25
Q

Product Liability Negligence

A

Plaintiff must show manufacturer breached reasonable standard of care, breach must have caused Plaintiff’s injury.

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26
Q

Proving Defective Product Condition

A
  1. Doesn’t need to show how became defective
  2. Must show was defective at purchase
  3. Must show defect made product dangerous
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27
Q

Manufacturing Defect

A

Product departs from its intended purpose even though all possible care was exercised in prep and marketing or product.

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28
Q

Design Defect

A

Defendant’s failure to use available reasonable alternative design rendered product not reasonably safe

29
Q

Inadequate Warning

A

Provision of reasonable instructions or warnings could have reduced or avoided foreseeable risks.

30
Q

Market Share Liability

A

Multiple defendants contributed to manufacturing of product. Each defendant proportionately liable based on market share.

31
Q

Assumption of Risk

A

Product liability defense-User knew and appreciated risk posed by defect.

32
Q

Trademark

A

Distinctive mark, motto, device, or emblem that manufacturer stamps, prints, or otherwise affixes to goods it produces

33
Q

Trademark Dilution

A

Trademark becomes less valuable as it is imitated and copied

34
Q

Trademark Infringement

A

Trademark is substantially copied, intentionally or unintentionally

35
Q

Service Mark

A

Similar to trademark, used to distinguish services rather than products

36
Q

Certification Mark

A

Certifies region, materials, manufacture, etc.

37
Q

Patent

A

Exclusive federal grant from USPTO to make, use, and sell invention. 14 years.

38
Q

Patent Infringement

A

Making, use, or sale of another’s patented design, product or process w/o patent owner’s permission

39
Q

Copyright

A

Intangible property right granted by federal statute to creator of literary or artistic production of specified type

40
Q

“Fair Use” Exception

A

No infringement if used for criticism, comment, news reporting, teaching, research

41
Q

Trade Secrets

A

Information of commercial value that can’t be patented, copyrighted, or trademarked.

42
Q

Spam

A

Unsolicited emails with ads, solicitations, and other messages

43
Q

Domain Names

A

Internet address

44
Q

Cybersquating

A

Registering domain name same as or confusingly similar to trademark of another, which is then offered for sale to trademark owner

45
Q

Typocybersquatting

A

Registering name that is misspelling of popular brand, leading to high traffic

46
Q

Meta Tags

A

Key words inserted into html. Used by search engines; trademark infringement to use other’s trademark

47
Q

Trademark Dilution Online

A

Products need not be similar

48
Q

Crime

A

Wrong against society set forth in statute and punishable by fine and/or imprisonment

49
Q

Felonies

A

Serious crimes, punishable by death, or prison for more than one year

50
Q

Misdemeanor

A

Non-serious (petty) crimes punishable by jail for less than one year and/or by fines

51
Q

Actus Reus

A

(Requirement for Criminal Liability) committing a guilty act

52
Q

Mens Rea

A

(Requirement for Criminal Liability) possessing a guilty mind during commission of guilty act

53
Q

Violent Crime

A

Crime against persons (murder, sexual assault, rape, battery, robbery, etc.)

54
Q

Property Crime

A

Economic gain from or damage to property

55
Q

Burglary

A

Common law: breaking and entering of dwelling at night with intent to commit felony (now any time of day,not just dwelling)

56
Q

Larceny (theft)

A

Unlawful taking of personal property with intent to permanently deprive

57
Q

Public Order (Victimless) Crime

A

Public drunkenness, prostitution, gambling, drug use, etc.

58
Q

White-Collar Crimes

A

Occurs in business context, non-violent, personal or business advantage

59
Q

Embezzlement

A

Fraudulent appropriation by one entrusted with property

60
Q

Mail and Wire Fraud

A

Schemes using U.S. mail or commercial carriers or wire with the intent to defraud public

61
Q

Bribery

A

Offering value in attempt to influence another for private benefit. Occurs when offered, not accepted.

62
Q

Bankruptcy Fraud (federal)

A

False claim by creditor, fraudulent transfer of assets, fraudulent concealment of assets

63
Q

Organized Crime

A

Operates illegitimately by providing illegal goods and services

64
Q

Self Defense

A

Justifiable use of force in defense of people and property

65
Q

Insanity

A

Incapable of mens rea (guilty mind)

66
Q

Entrpment

A

Crime suggested and induced by government agent

67
Q

Exclusionary Rule

A

Evidence obtained in violation of 4th Amendment is excluded from trial

68
Q

The Miranda Rule

A

Defendant must be informed of certain rights prior to custodial interrogation

Business Law (3 decks)

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