final.

Question 1

When can a person be held guilty of a crime?

Answer 1

when the person commits a crime

Question 2

responsible corporate officer doctrine

Answer 2

corporate officers may also be found guilty of a crime(be held personally criminally liable) even when the officer had little connection to the crime

Question 3

what is the most common circumstance for the RCOD?

Answer 3

a corporation has repeatedly violated a strict liability public welfare statute, typically a health/safety statute

Question 4

what determines the officer’s liability?

Answer 4

maybe held liable when the officer had the power to prevent or cure the violation and the liability is not dependent on knowledge or participation

Question 5

what is considered sufficient to impose liability on the officer?

Answer 5

Failure of the corporate officer to act to prevent further violations of a health or safety statute is considered sufficient to impose liability on the corporate officer

Question 6

When can a corporation be held guilty of a crime?

Answer 6

• when the crime was committed by an employee within that employee’s course and scope of employment
• the corporation fails to perform a legally required duty
• the crime was authorized or requested by a corporate officer

Question 7

what is an at-will employee?

Answer 7

they can be terminated from their job at any time, with or without notice, with or without good reason, so long as the termination was not for a reason that is illegal/unlawful

Question 8

which employees are not at will?

Answer 8

• public employees
• unionized workers
• high level/professional employees with an express employment contract for a definite term

Question 9

disparate treatment discrimination

Answer 9

Intentional discrimination, of members of a protected class

Question 10

disparate impact discrimination

Answer 10

unintentional discrimination when some employment test or a hiring/promotional practice has the effect of disproportionately excluding persons based on their membership in a protected class, AND the selection practice is NOT job-related

Question 11

how to prove disparate impact discrimination?

Answer 11

4/5 rule: When the selection rate for a protected group is less than 80% of the rate for the group with the highest selection rate, this can be regarded as evidence of disparate impact discrimination

Question 12

question 1 for determining whether copyright was infringed:

Answer 12

was the original work copyrightable?

• was it an original work?
• was it a creative work? (facts can never be creative/copyrighted)
• was it fixed in a tangible medium of expression?

Question 13

question 2 for determining whether copyright was infringed:

Answer 13

does the person suing actually own the copyright and is the copyright still valid?

• if the copyright is older than 100 years it is in the public domain/not protected by copyright

Question 14

question 3 for determining whether copyright was infringed:

Answer 14

were there 1 or more infringing activities?

• was their copying, modifying, performing, distributing, or
  displaying without permission or license?

Question 15

Despite answering ‘yes’ to all 3 of the copyright questions, does the use fall under the “fair use” exception, in which case it will not be a copyright infringement?

Answer 15

• Question/Factor 1: Was the use for-profit or non-profit?
• Question/Factor 2: Was the use “transformative”?
• Question/Factor 3: Is the original work more creative or more factual?
• Question/Factor 4: Is the origional work published or unpublished?
• Question/Factor 5: What percentage of the original work was used AND was more used than necessary?
• Question 6: Does the use deprive the copyright owner of income/money?