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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.

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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.

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3
Q

Lanham Act of 1946-

A

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

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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.

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5
Q

Strong marks-

A

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

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6
Q

Secondary meaning-

A

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

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7
Q

Generic terms have ____ protection.

A

No

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8
Q

Service Mark-

A

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

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9
Q

Certification Mark-

A

Quality of goods (UL tested, Good Housekeeping).

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10
Q

Collective Mark-

A

Used by members of a cooperative, association, union.

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11
Q

Trade Dress (Law)-

A

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

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12
Q

Counterfeit Goods (Law)-

A

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

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13
Q

Trade Names (Law)-

A

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

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14
Q

Domain Names (Law)-

A

Trademarks in Cyberspace (example: Nike.com).

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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.

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16
Q

Meta Tags-

A

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

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17
Q

Licensing-

A

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

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18
Q

Patent-

A

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

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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).

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20
Q

Patent Infringement-

A

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

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21
Q

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

A

True

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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.

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23
Q

Copyright Infringement-

A

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

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24
Q

The “Fair Use” Exception-

A

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

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25
Q

Felonies-

A

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

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26
Q

Misdemeanors-

A

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

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27
Q

Actus reus-

A

Proving that the defendant performed the criminal act

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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)

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