Final Study Guide Flashcards
the four sources of Law in the US.
Constitutional Law, Statutory Law, Administrative Law, Case Law and Common Law Doctrines
the primary relationship components between law and business.
The Commerce Clause, Bill of RIghts, and Federal Statutes protecting privacy rights.
Stare Decisis
a doctrine where judges “stand on decided cases”—follow the rule of precedent—in deciding cases.
The origin of Common Law
based on the English legal system with the creation of the king’s courts and the development of a body of rules common to all regions of the country.
Constitutional Law
expressed in the U.S. Constitution and the various state constitutions.
Statutory Law
refers to laws or ordinances created by federal, state, and local legislatures and governing bodies.
Administrative Law
consists of the rules, orders, and decisions of federal or state government administrative agencies
Case Law
a body of judge-made law
Common Law
the doctrines and principles embodied in case law—governs all areas not covered by statutory law or administrative law
Civil Law
the rights and duties that exist between persons and between persons and government.
Criminal Law
concerns wrongs committed against society for which society demands redress.
What is the function of judicial review?
the judicial branch acts as a check on the executive and legislative branches of government
What Jurisdiction must a court have to hear a case?
The person against whom the suit is brought, or The property involved in the suit, or The subject matter
What are the characteristics of a trial court?
Courts of original jurisdiction
Legal actions are initiated
Trials are held and testimony taken
What are the characteristics of appellate courts?
Courts of appeals, or reviewing courts
Generally do not have original jurisdiction or conduct trials
Focus on a question of law, not facts
the Alternative Dispute Resolutions(ADR)
Negotiation
Mediation
Arbitration
Negotiation
the parties come together, with or without attorneys to represent them, and try to reach a settlement.
Mediation
the parties themselves reach an agreement with the help of a neutral third party, called a mediator.
Business Ethics
focuses on what is considered right or wrong behavior in the business world and on how businesspersons apply moral and ethical principles to situations that arise in the workplace.
What is the function of an internal code of conduct?
help employees and managers act ethically.
What is the main theme of utilitarianism?
Outcome-based, weighing the negative effects against the positive and deciding which course of action produces the better outcome.
What is the influence of leaders regarding adherence to ethical codes of conduct?
People look up to their leaders and ask the question of, “Is what you are planning on doing an action that one of your “heroes” would take?”
What is the “Triple Bottom Line?”
People, Planet, Profit/Prosperity
Tort Law
Through tort law, society tries to ensure that those who have suffered injuries as a result of the wrongful conduct of others receive compensation from the wrongdoers.
Main types of damages in Tort Law
Physical injury or interfere with physical security and freedom.
Destruction or damage to property.
Harm to intangible interests, such as personal privacy, family relations, reputation, and dignity.
The role of emotional distress in tort cases
to be actionable, the conduct must be so extreme and outrageous that it exceeds the bounds of decency, such as stalking accompanied by threats.
Slander
Oral Defamation
Defamation
wrongfully hurting a person’s good reputation.
Libel
written or another permanent form of defamation
What must be proven to show negligence?
Duty
Breach
Causation
Damages
Conversion
wrongfully taking or using the personal property of another without permission.
Intellectual Property
any property resulting from intellectual, creative processes, such as books, software, music, apps.
Trademark
a distinctive word, symbol, or design that identifies the manufacturer as the source of the goods and distinguishes its products and services from those made or sold by others.
Patent
a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years (fourteen years for a design patent) from the date when the application for a patent is filed.
Copyright
an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions.
Trade Secret
basically information of commercial value. It includes customer lists, plans, research and development, and pricing information.
The Lanham Act
Incorporates the common law of trademarks and provides remedies for owners of trademarks who wish to enforce their claims in federal court
Relationship between search engines, meta tags, and trademarks
Meta tags are keywords that sometimes use trademarks, Search engines use these keywords to compile results.
Digital Millenium Copyright Act
establishes civil and criminal penalties for anyone who bypasses encryption software or other antipiracy technologies.
Relationship between internal social media networks and trade secrets
Many companies form their own internal social media networks through which employees can exchange work-related messages, Companies with internal social media networks often keep the data on their own servers in secure “clouds.”
Liability of Internet Service Providers
Under the federal Communications Decency Act, ISPs generally are not liable for defamatory messages posted by their subscribers.
Cookies
invisible files that track a user’s Web browsing activities.
Cybersquatting
occurs when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the trademark owner.
