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Tyler K. > Exam 2 Busi Law 2700 > Flashcards

Exam 2 Busi Law 2700 Flashcards

1
Q

Vicarious Liability

A
  • Makes employer liable for the torts of the employee
  • If employee commits either an unintentional or intentional in the scope of their employment the employer is liable
  • Greatest tort risk in business today
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2
Q

Tort Definition

A

Civil wrong for which the law provides a remedy
French word for “wrong”

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3
Q

Compensatory Damages

A

Consequential (Actual or “out of pocket”) or General (other than direct monetary loss)

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4
Q

Punitive Damages

A

To punish the wrongdoer, appropriate only when defendant’s conduct was outrageous or reprehensible

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5
Q

Intentional Torts

A

Fault + Intent

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6
Q

Tortfeasor

A

Person committing the tort, must “intend”

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7
Q

Assault

A

Intentional threat of immediate harmful or offensive contact (words or acts), contact not necessary

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8
Q

Battery

A

Physical contact required,
Act that created the apprehension is completed and results in harm to plaintiff

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9
Q

False Imprisonment

A

Confining/restraining of another person’s activities or freedom

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10
Q

Intentional Inlfiction pf Emotion Distress

A

Act that amounts to extreme and outrageous conduct resulting in sever emotional distress
Must be so outrageous it exceeds the bounds of decency accepted by society

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11
Q

Defamation

A

Wrongfully hurting a person’s good reputation
Slander(orally breaching) / Libel (print/media)
Reposting defamatory statements can make you liable as well!!

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12
Q

If plaintiff is a public figure, plaintiff must show:

A
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13
Q

Invasion of Privacy

A

Reasonable expectation of privacy and invasion must be highly offensive

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14
Q

Fraudulent Misrepresentation (Fraud)

A

Intentional deceit for personal gain

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15
Q

Wrongful Interference with a Contractual Relationship

A

Occurs when defendant benefits from a contract breach between parties A and B

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16
Q

Trespass to Land

A

Person w/o permission enters land physically or causes anything to enter the land
Must be damage to recover

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17
Q

Wrongful Interference with a Business Relationship

A

Defendant takes action with intent of unlawfully driving competitors completely out of market
Cannot be predatory

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18
Q

Conversion

A

Wrongful possession or use of property without permission and without just cause
Good intentions NOT a defense

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19
Q

Negligence

A

Unintentional Tort
Someone suffers injury bc of another’s failure to live up to a required duty of care

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20
Q

Negligence Elements

A

Duty
Causation

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21
Q

Res Ipsa Loquitor

A

Occurrence of accident implies negligence
“The thing speaks for itself”

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22
Q

Negligence per se

A

Violates a statute/regulation (Accidentally hitting someone bc of speeding)

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23
Q

Good Samaritan Statutes

A

Can’t sue for negligence against someone who aided you in emergency

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24
Q

Dram Shop Acts

A

Bar Owner/Bartender can be liable for injuries caused by intoxicated person

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25
Q

Social Host Liability

A

Can be liable for injuries caused by intoxicated person who became intoxicated at house

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26
Q

Strict Liability

A

Without regard to Fault, Foreseeability, Standard of Care or Causation
Abnormally dangerous activities

27
Q

Product Liability

A

Physical harm/property damage caused by goods to a customer, user, bystander

28
Q

Preemption (Defense vs Product Liability)

A

Govt regulations preempt claims for product liability

29
Q

Assumption of Risk (Defense vs Product Liability)

A

Plaintiff knew and appreciated risk created by product defect and voluntarily assumed the risk

30
Q

Product Misuse (Defense vs Product Liability)

A

Only when particular use was not foreseeable

31
Q

Intellectual Property gives

A

protection (or “rights”) to those who create writings and things.

32
Q

What is a trademark

A

A distinctive mark, motto, symbol, device, or implement affixed to goods the business produces

33
Q

Do generic terms receive protections?

A

No - ex. bicycle, computer

34
Q

Trade names may be protected as a trademark if

A

trade name is also the name of the company’s trade-marked product (ex: Coca-Cola)

35
Q

Licensing only grants rights

A

that are explicitly stated in agreement

36
Q

Trade secrets are

A

Basically anything that pertains to how you conduct
your business. (Can;’t be patented/copyrighted/trademarked)
* Ex. Ingredients for coca-cola
* Ex. How you develop client

37
Q

What are Patents

A

Grant from the government that gives an inventor exclusive right to
make, use or sell his invention
* “First to file” rule – first person to file an application for a patent on a
product or process will receive patent protection

38
Q

What is not patentable and how long does a patent last?

A

Laws of nature
* Natural phenomena
* Abstract ideas
* Things that are obvious, not new, not novel. E.g. Wheels, water.
* Protection is for 14 years for designs of products, and 20 years for
products.

39
Q

Patent Infringement

A

Making/using/selling another’s patented design, product,
or process without the patent owner’s permission

40
Q

What is protected by a Copyright?

A

Only the expression of an idea, not the idea itself

41
Q

Fair Use Exception

A

You may briefly copy from any copyrighted work for the purposes of criticism, comment, news, teaching, research.

42
Q

What is Not Copyrightable

A

Anything that is not an original expression (facts widely known to the public, page numbers, mathematical equations
Ideas (but the way the idea is expressed can be)

43
Q

Reproduction

A

does not have to be the same as the original, nor does it have to reproduce the original in its entirety
Example: “Ice Ice Baby” / “Under Pressure”
under pressure / ice ice baby

44
Q

CAN-SPAM Act

A

Aimed at limiting online pornography and commercial SPAM
* Generally permits sending of unsolicited commercial email but
prohibits certain types of spamming activities

45
Q

U.S. Safe Web Act

A

Allows FTC to cooperate and share info with foreign agencies to
investigate and prosecute violators
* Attempts to limit SPAM
* Helps and protects Internet Service Providers (ISP)

46
Q

Cybersquatting

A

Registering a domain name that is same as or confusingly similar to
trademark of another and then tries to sell name back to trademark owner

47
Q

Typosquatting

A

Registering a name that is a misspelling of a popular brand
* If misspelling is significant, trademark owner may have difficulty proving name is identical or confusingly similar

48
Q

Anti-Cybersquatting Consumer Protection Act

A

Makes cybersquatting illegal when both of the following are true:
* Domain name is identical or confusingly similar to trademark of another
* The one registering, trafficking in, or using domain name has “bad faith intent”
to profit from that trademark

49
Q

Meta Tags

A

May use copyrighted/trademarked words in search engines

50
Q

Electronic Communications Privacy Act

A

Prohibits private individuals and entities from intentionally intercepting any wire, oral or electronic communication and disclosure/use of the info obtained
* Exception – communications through devices an employer
provides for employee to use in ordinary course of business
* Prohibits retrieval and use of stored (saved) electronic
communications

51
Q

Felonies

A

Serious crimes, punishable by Death or
prison for more than one (1) year and/or by fines

52
Q

Misdemeanors

A

Non-serious (petty) crimes punishable by jail for less than one (1) year and/or
by fines

53
Q

Violations

A

Violation of city, county minor
traffic/good order ordinances

54
Q

To be convicted, person must:

A

Commit a guilty act (actus reus)
*Have the guilty mind or mental state (mens
rea) during commission of the guilty act
*And must meet the other elements of the crime

55
Q

State of Mind (mens rea)

A

Required intent (or mental state) is indicated in the applicable statute or law:

56
Q

Corporate Criminal Liability

A

A corporation itself cannot be imprisoned but can be convicted of crime through acts of its officers

57
Q

Violent Crime

A

cause others to suffer harm or death
* Murder, sexual assault, rape, robbery

58
Q

Property Crime

A

goal of offender is some form of
economic gain/damaging of property; most common
type of criminal activity
* Burglary
* Larceny/Robbery
* Theft
* Receiving Stolen Goods
* Arson
* Forgery

59
Q

Public Order Crime

A

considered contrary to public
values/morals
* Public drunkenness, prostitution, gambling, illegal drug use

60
Q

White-Collar Crime

A

Crimes occurring in the business context using non-violent means to obtain personal or business
advantage
* Embezzlement
* Mail and Wire Fraud (federal)
* Bribery
* Bankruptcy Fraud (federal)
* Insider Trading (federal)
* Theft of Trade Secrets and other Intellectual Property

61
Q

Terrorist Threats

A

A person commits the crime of making a terrorist threat when he or she credibly, based on an objective evaluation, threatens to commit a crime of violence against a person or to
damage any property by use of a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, or other mechanism
CLASS C FLEONY

62
Q

4th Amendment

A

Requirement that no warrant for a search or an arrest be issued without
probable cause. (“Plain View” Exception)
* The Exclusionary Rule.
* Evidence obtained in violation of the 4th, 5th, or 6th amendments is excluded from trial. (“Fruit of the Poisonous Tree”)
* The Miranda Rule: based on the 1966 Miranda v. Arizona case –
arrested individuals must be informed of certain constitutional rights

63
Q
A

Tyler K. (13 decks)

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