Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Environment of Business > Test 2 > Flashcards

Test 2 Flashcards

1
Q

Intellectual Property-

A

Is any property that is the product of an individual’s mind, e.g, books, software, movies, music.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Trademark-

A

A distinctive mark, logo, emblem that is stamped of affixed to a product which serves to identify the product in the market.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Lanham Act of 1946-

A

Provides federal protection of manufacturers from loosing business to rivals that used confusingly similar brands and products.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Trademark Dillution Act of 1995-

A

Amended Lanham Act to bring federal cause of action in federal court for trademark dilution –even when mark is unlikely to confuse.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Strong marks-

A

Fanciful, arbitrary, or suggestive trademarks are most distinctive marks, normally not related to product (Apple, Xerox, Starbucks).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Secondary meaning-

A

Descriptive, geographical, or personal names do not acquire protection until consumers associate term with product (London Fog).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Generic terms have ____ protection.

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Service Mark-

A

Similar to trademark but used for services (includes TV and radio).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Certification Mark-

A

Quality of goods (UL tested, Good Housekeeping).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Collective Mark-

A

Used by members of a cooperative, association, union.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Trade Dress (Law)-

A

Protects image and appearance of a product or store (Example: fish shape of cracker, Starbucks stores).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Counterfeit Goods (Law)-

A

Stop Counterfeiting in Manufactured Goods Act criminalizes intentional trafficking in counterfeit goods.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Trade Names (Law)-

A

Indicates all or part of a business name that is protected (Example: Safeway).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Domain Names (Law)-

A

Trademarks in Cyberspace (example: Nike.com).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Cybersquatting-

A

Occurs when 3d party registers a domain name that is the same or similar to another company’s own trade name.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Meta Tags-

A

Keywords in web pages used by internet search engines. Ex: Playboy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Licensing-

A

Agreement that permits use of trademark, copyright, or patent in cyber space.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Patent-

A

Government monopoly that gives inventor the exclusive right to make, use or sell and invention for 20 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is patentable?

A

Item must be novel and not “obvious”. Almost anything is patentable (excluding laws of nature, natural phenomena, abstract ideas).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Patent Infringement-

A

Item must be novel and not “obvious”. Almost anything is patentable (excluding laws of nature, natural phenomena, abstract ideas).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

T/F Intangible property right automatically granted by federal statute to the author for life plus 70 years.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is Protected Expression (intangible property right)?

A

Work must be original and “fixed in a durable medium.” Ideas are not protected, but the expression of an idea is.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Copyright Infringement-

A

Form or expression is copied (does not have to be in its entirety).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

The “Fair Use” Exception-

A

Certain persons or organization can copy materials without penalty (e.g., education, news, research).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Felonies-

A

Serious crimes punishable by death or by imprisonment over one (1) year.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Misdemeanors-

A

Less serious crimes punishable by fine or by confinement up to one (1) year.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Actus reus-

A

Proving that the defendant performed the criminal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Mens rea-

A

While performing the act, had the required intent or specific state of mind

29
Q

Responsible Officer Doctrine-

A

Corporate board members and executives can be help criminally liable when they fail to perform statutory duties.

30
Q

Violent Crimes-

A

Crimes against persons

31
Q

Burglary-

A

Unlawful entry or breaking into a building with the intent to commit a crime therein.

32
Q

Larceny-

A

Wrongful taking and carrying away of another person’s property with the intent to permanently deprive the owner of the property.

33
Q

Obtaining Good By False Pretenses-

A

Paying for goods with a check without money in account

34
Q

Receiving Stolen Goods-

A

Recipient must know or should have known the goods were stolen.

35
Q

Arson-

A

Willful and malicious burning of a building

36
Q

Forgery-

A

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

37
Q

Public Order Crimes-

A

Viewed as crimes because these lead to an environment giving rise to property and violent crimes.

38
Q

White Collar Crimes-

A

Non-violent crimes involving a business transaction.

39
Q

Embezzlement-

A

The fraudulent appropriation of funds or other property by a person to whom the funds or property have been entrusted.

40
Q

Mail & Wire Fraud-

A

Defrauding someone:

1) Using the mail system
2) Wire system
3) Radio, T.V., internet, etc.

41
Q

Computer Crimes–

A

Any crime that involves the use of, or theft of a computer.

42
Q

Identity Theft-

A

When a person steals another person’s identifying information.

43
Q

Cyberstalking-

A

Online harassment.

44
Q

Hacking-

A

Use of a computer to break into another computer

45
Q

Cyber-terrorism-

A

Hacker who targets a computer for a serious impact.

46
Q

Bribery-

A

Of public officials – any attempt to influence a public official to act in a way that serves a private interest

47
Q

Insider-trading-

A

The purchase or sale of securities on the basis of “inside info.”

48
Q

Money laundering-

A

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise.

49
Q

Defenses to Criminal Liability (Non-lethal use of force/crime)

A

1) Duress.
2) Entrapment.
3) Statute of Limitations.
4) Immunity.

50
Q

Defense against violent crimes-

A

1) Justifiable use of force.
2) Necessity,
3) Insanity.
4) Mistake.

51
Q

Consent-

A

Voluntary agreement to a proposition or an act of another.

52
Q

Duress-

A

Unlawful pressure on a person causing the person to perform an act he/she would not otherwise do.

53
Q

Justifiable Use of Force-

A

Deadly force is reasonable only if there is a reasonable belief that imminent death or great bodily harm will otherwise result

54
Q

Entrapment Proof-

A

1) Suggestion for crime came from gov’t official
2) Inducement came from gov’t official
3) That D. was not predisposed to commit that type of crime

55
Q

Exclusionary Rule-

A

Evidence obtained in violation of constitutional procedures must be excluded.

56
Q

Miranda Rule-

A

Inform suspect of his rights.

57
Q

Duty Based Ethics-

A

Ethics based on perceived duties; derived from religious and philosophical principles.

58
Q

Categorical Imperative-

A

What would happen if everyone acted in the same way.

59
Q

Principle of rights theory-

A

To owe a duty to someone means that you believe the person has rights; all people have certain fundamental rights

60
Q

Religious Moral Standards-

A

The rightness or wrongness of an action is usually judged according to its conformity to an absolute rule that commands a particular form of behavior.

61
Q

Kantian Ethics-

A

Premised on the belief that general guiding principles for moral behavior can be derived from human nature.

62
Q

Outcome Based Ethics-

A

Seek to ensure a given outcome.

63
Q

Utilitarian Ethics-

A

Ethical reasoning that does not focus on moral values, but on how people are affected by the decision.

64
Q

Moral Minimum-

A

The minimum degree of ethical behavior expected of businesses; usually viewed as compliance with the law

65
Q

Corporate Social Responsibility-

A

Corporations should be interested in impact on civil rights, environment, consumer protection, employee safety and welfare.

66
Q

Profit Maximization Approach-

A

People are getting something they need or want

Our society views income and wealth as ethical goals

67
Q

Stakeholder Approach-

A

Determine which groups are affected by a decision and how they are affected.

68
Q

Corporate Citizenship-

A

Corporations should make decisions based on goals that society deems worthwhile and take positive steps toward solving social problems.

Legal Environment of Business (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions