Types of Legal Systems and Laws Flashcards
1
Q
What is the Civil (code law) system?
A
the Civil (code law) system
- system of laws used Europe
- a system of rule based laws not precedence (like common law system)
- divided into sub divisions; french, German Civil laws
- established by states/nations for self regulations
- most wide spread law in the world, lower courts are not compelled to follow decisions made by higher courts
2
Q
What is the Common Law System?
A
Common Law System - US & British
- dev in England - based on previous interpretations of laws reflect the community’s moral values and expectations
- uses judges and lawyers and juries of peers
- common law is broken down into criminal law, tort (civil) law and administrative (executive branch of gov - regulations)
3
Q
What are char of Criminal Law (Common law system)?
A
Criminal Laws
- state must prove guilt beyond a reasonable doubt 99.9% proof
- addresses behavior that is considered harmful to society; punishment usually involves a loss of freedom - jail or fine
4
Q
What are statues?
A
Statues are are laws that state explicitly that certain actions are illegal
- a result of a legislative process by which a gov body declares that a new law will be enforced after a certain time
- criminal laws are laws that address the violation of a statue; an illegal act has harmed society
5
Q
What is Civil Tort Law?
A
Civil Tort Law
- defendant ohs a legal duty to the victim
- defendant is obligated to conform to a particular standard of conduct, usually set by a “reasonable man of ordinary prudence” would do to prevent foreseeable injury to a victim
- defendant breach of that duty cause injuries to the victim
6
Q
What are categories of Civil Tort Law?
A
Categories of Civil Tort law are:
- Intentional
- Negligence - wrongful death
- wrong against a person - slip and fall, car accident, dog bites
- wrong against property
- negligent - trespassing
- wrong against dignity - invasion of privacy
- economic wrong - patent, copy write, infringement
- strict liability -failure to warn of risk and defects in product
7
Q
What is administrative Law?
A
Administrative laws
- laws and legal principles create by administrative (gov) agencies to address a number of ares - international trade, manufacturing, environmental and immigration
8
Q
What is Intellectual Property and what are it’s char?
A
Intellectual Property:
- how a company and individual can protect what it rightfully owns from unauthorized use and wha tit can do if these laws are violated;
- major issue sis what the company did to protect the resources it claims were violated
- org must implement safeguards to protect Intellectual property
9
Q
What is Trade Secret? (intellectual Property)
A
Trade Secret
- no registered inventor or authority
- no registration office
- in the event a Trade Secret is revealed the owner can prosecute the revealer for damages suffered
- first, ownership must be established b/c one the owner can be harmed
- for an org to have its resource as Trade secret, the resource must prove the org with some type of competitive advantage
10
Q
Characteristics of Trade Secrets (Intellectual Property)
A
Char. of Trade Secrets:
- the resources that is claimed dot be a TS must be confidential and protected with certain security protections and safeguards.
- Trade secret has no expiration date unless the info is no long secret or no longer provides economic value to the owner
- Org requires employees to sign NDA, confirming that they understand its content and promises not to share Trade secrets
- Org requires this both to inform employees of the importance of keeping Trade Secrets and to deter them from sharing Trade Secrets
- Org owns the Trade Secrets of its biz confidential data as soon as it is developed
11
Q
What is Copyright and what’s it life span? (Intellectual Property)
A
Copyright - Life of creator plus 50 years - US copyright laws protects the rights of the creator of an original work to control the public distribution, reproduction, display and adaption of that original work. Copyright laws covers: - pictorial - graphic - musical - dramatic - literary - patamine - motion picture - sculptural - sound recording - architectural
12
Q
What does Copyright protect? (Intellectual Property)
A
copyright protects:
- the expression of the idea of the resource instead of the resource itself; copyright is used to protect an authors writing, source code, specific rhythms, computer program manual as soon as its writing.
- Copyright symbol is not required but including it is encouraged so others cannot claim innocence after violation
- Copyright protection do not extend to any method of operations process, concept of procedure but it protects agains unauthorized copying and distribution of protected work
13
Q
Copyright protections and infringements (Intellectual Property)
A
- Copyright deals with how he invention is represented, in that respect copyright weaker than patent protection but the duration of copyright protection is longer
- owners are provided copyright protection for life plus 50 years
- computer programs protected under copyright laws as literal works; laws protects the sources and objectives; code which can be OS, app or DB
- Copyright infringement increase due to the increase in “warrez” or file xfer sites
- “warrez” sites use P2P protocols to xfer lg files. “Warrez” plus CR work distribution or traded without fees or royalties - violation of Copyright laws
- Copyright must be officially filed and require the 1st and last 25 pages for filing
- infringement must be “copying” and must be substantial
14
Q
What’s Trademark? (Intellectual Property)
A
Trademark
- used to protect word, name, symbol, sound, shape, color or combination of these;
- reasons an org would Trademark these is that represents the org (Brand ID) to a group or the world
- Trademark created by the org marketing dept to stand out therefore Trademark ensures this unique ID cannot be copied
- Cannot Trademark a number or common word; this is why orgs create new names ex. Intel, Xerox, Google
- Unique colors can be Trademarked as well as identifiable packaging which is referred too as Trade dress
15
Q
What are Patents? (Intellectual Property)
A
Patents
- unlike copyright protection invention, tangible objectives or ways to make them, not works of the mind.
- Distinction b/w copyright and Patents is that Patents were intended to apply to the results of science, technology and engineering whereas copyright were meant to cover woks of art and literary writing
- Patents are given to individuals or orgs to grant legal ownership of and enable them o exclude others from using or copying the invention. Invention must be novel, useful and not obvious. i.e. can’t patent air
