- StudyBlue
- Virginia
- James Madison University
- Business
- Business 218
- Parker
- Business Law Test 1
Business Law Test 1
Business 218 with Parker at James Madison University
About this deck
By: Ali Major
Created: 2011-02-02
Size: 207 flashcards
Views: 143
Created: 2011-02-02
Size: 207 flashcards
Views: 143
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Business Law
Enforceable rules of conduct that govern commercial relationships
management
are of law that effects businesses; looks at which state you want to go to to incorporate their laws; ei. look at liabilities for CEO
production and transportation
are of law that effects businesses; contract laws
marketing
are of law that effects businesses; consumer protection laws
research and development
are of law that effects businesses; product liability laws
accounting and finance
are of law that effects businesses; contract and criminal laws
human resource management
are of law that effects businesses; equal opportunity laws
the law
rules describing what behavior is permitted and encouraged in their community they are enforceable in the courts of that community
purpose of the law
providing order/stability
serving as an alternative to fighting
change in possible
personal freedoms
moral guide
civil law
disputes between individuals; involves remedies when someone's rights are violated
civil law punishments
worst punishment is money-- never jail
criminal law
government vs. individual; law involving situations in which someone commits an act against the public as a unit
criminal law punishments
worst punishment is life in jail because you are taking away their liberty
constitutions
source of business law; supreme law of the land
statutes
source of business law; assortment of rules and regulations put forth by legislatures
National Conference of Commissioners on Uniform State Laws (NCC)
urges states to enact model laws to provide greater uniformity of the law—each state can ignore the suggestion, or adopt it
Administrative Law
source of business law; how do legislatures ensure their business—make sure the laws are implemented and followed --> they create agencies to ensure laws are being followed (FDA)
Treaties
a binding agreement between two states or international organizations; Generally negotiated by the executive branch and then in order to be binding, approved by 2/3 of the senate
Executive Orders
the president and state governors can issue directives requiring that officials in the executive branch perform their functions in a particular manner
The Code of Federal Regulations (CFR)
contains all the executive orders created by the president – the president claims the power to “take care that the laws be faithfully executed”
Schools of Legal Interpretation
Jurisprudence—study of law; has influence on how law develops; can vary from school to school
natural law
a school of jurisprudence; refers to the idea that there are certain ethical laws and principles that are morally right and above the laws devised by humans (above what the US constitution says); humans have basic human rights
Legal Positivism
school of jurisprudence; states that because society requires authority, a legal and authoritarian hierarchy should exist—when a law is made, therefore, obedience is expected because authority created it
Identification with Vulnerable
school of jurisprudence; states that society should be fair—particular attention is therefore paid to the poor, the ill, and the elderly (take care of the disadvantage)
Historical School
school of jurisprudence; Tradition: uses traditions as the model for future laws and behavior; emphasis on stary decises; most use this
**Hardvard's School of Thought**
stary decises
case stands by its self, this provides stability
Legal Realism
school of jurisprudence; judges should look at society and its changes when reviewing laws; including economic and social conditions
Cost-Benefit Analysis
making a decision on a case bases on the economic benefit on the society; Choosing the legal alternatives that maximize the ratio of benefits to costs
**also called Chicago's School of Thought**
NAFTA and GATT
help establish conditions of trade between counties
ethics
the study and practice of decisions about what is good, or right
business ethics
an application of ethics to the special problems and opportunities experienced by businesspeople; Is it legal to go forward with this decision?—the legality of the decision is the minimal standard that must be met
ethical dilemma
a problem about what a firm should do for which no clear, right decision is available
Social Responsibility of Business
Expectations that the community imposes on firms doing business inside its borders
WPH approach
provide a method for resolving ethical dilemmas by examining duties, consequences, or virtues
W-- (wph approach)
who-- (Stakeholders: the groups of people affected by a firms decisions); customers, owners, employees, etc.
P-- (wph approach)
Purpose -- (Values: positive abstractions that capture our sense of what is good and desirable); freedom, security, justice, efficiency
H-- (wph approach)
How (Guidelines); public disclosure, golden rules (treat others how you would want to be treated), universalization test (if I take action X, will the world be a better place)
white-collar crime
no violence, deception, no drug/alcohol, not organized crime
Plaintiff
the one who has been wronged
Civil white-collar crime
individual is the victim/victims (not the society)—individual/corporation files a suit
Criminal White-Collar crime
society is the victim; must prove-- actus reus, men's rea, strict liability
actus reus
guilty act in society; wrongful behavior
men's rea
guilty mind ( such as purpose, knowledge, recklessness, or negligence in society); wrongful state of mind
strict liability
(liability without fault) imposes responsibility for damages regardless of existence of negligence
felony
a serious crime, that is punishable by imprisonment for more than one year or death (murder, rape, robbery, involuntary manslaughter, gran-larceny: above $2000)
misdemeanor
a crime that is less serious than a felony and is punishable by a fine and/or imprisonment for less than one year (assault, petty larceny, DUI)
petty offense
a minor crime that is punishable by a small fine and/or imprisonment for less than six months in jail (littering, open container, simple speeding)
consequences of white-collar crime
confinement, community service, disqualified from employment, house arrest
bribery
type of white-collar crime; the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust; usually public officials
extortion
type of white-collar crime; a criminal offence in which a person obtains money, property, and/or services from another by wrongfully threatening or inflicting harm to his or her reputation (blackmail)
fraud
type of white-collar crime; an intentional deception that causes harm to another—has to be material (important): has men’s rea
example: inside trading
embezzlement
type of white-collar crimes; a wrongful conversion of another’s funds or property by one who is lawfully in possession of those funds or property --> always a felony
Strict-liability offense
offense for which no state of mind is required (used to hold corporations responsible for their actions)
Vicarious liability
the employer is held vicariously liable for damages caused by its employees
criminal procedure
the prosecutor always brings the case
the objective is punishment
several safeguards are provided for the defendant
**the arrest, the booking, first appearence**
the fourth amendment
a criminal safeguard; protection from “unreasonable search and seizure”—restrictions on warrants
the fifth amendment
You cant be tried as the same twice (double jeopardy) ; however you can be tried for the same crime in federal court and state court; right not to incriminate oneself; right to “due process” (the right to know the charges against you and to a hearing); only applies if you are in custody
the sixth amendment
right to a speedy and public trial, right to a trial by an impartial jury of one’s peers, right to be informed of the accusations against oneself, right to confront witnesses, right to have witnesses on one’s side, right to counsel at various stages of the proceedings
the eighth amendment
freedom from excessive bail, freedom from excessive fines, freedom from cruel and unusual punishment
Miranda Rights
the rights that are read to an arrested individual by a law enforcement before the individual is questioned about the commission of a crime
Indictment
finding by the grand jury that there is adequate evidence to charge the defendant and bring him or her to trial
first appearance
initial appearance of an arrested individual before a judge who determines whether there was probable cause for the arrest—if the judge ascertains that probable cause did not exist, the individual is freed; for felony case you set a paliminary hearing date to see if you have hired an attorney, if you need an attorney, and bond situation
Arriaginment
first appearance in court by the defendant, defendant is advised of the pending charges, the right to counsel, and the right to trial by jury and he/she enters a plea
Nolo contendere
a plea in which the defendant does not admit guilt but agrees not to contest the charges—advantage is that the former cannot be used against the defendant in a civil suit
Petit Jury
a group of 6 or 12 citizens who are summoned to and sworn by the court to hear evidence presented by both sides and render a verdict in trial
Bench Trial
trial before a judge instead of a jury—occurs when the defendant has waived his or her right to jury trial
Burden of Proof
the duty of the plaintiff or prosecution to establish a claim or allegation by admissible evidence and to prove that the defendant committed all the essential elements of the crime to the jury’s or court’s satisfaction beyond any reasonable doubt, in order to convict the defendant
RICO (Racketeer Influenced and Corrupt Organizations Act
tool to fight business crime; prohibits persons employed by or associated with an enterprise from engaging in a pattern of racketeering activity—anyone whose business or property has been damaged by this pattern of activity can sue to recover damages and attorney fees in a civil action
False Claims Act
tool to fight business crime; act that allows employees to sue employers on behalf of the federal government for fraud against the government. The employee retains a share of the recovery as a reward for his/her efforts
The Sarbanes-Oxley Act
took to fight business crime; criminalizes specific nonaudit services when provided by a registered accounting firm to an audit client’ also increases the punishment for a number of white-collar offenses
Burden of Proof 2
procecuter--> to prove every element “beyond reasonable doubt”
Proponderous of the evidence
defendant --> prove 51%
Jurisdiction
courts power to hear cases /controversy and render decisions that bind the parties before them; must understand to know where a problem is going to be solved
Original Jurisdiction
trial courts; have power to hear and decide cases when they first enter the legal system; call witnesses and present evidence; try the matter
Appellate Jurisdiction
have power to review previous decisions to determine whether trial courts erred in their decisions; no trials; Question of law: an issue concerning the interpretation or application of a law; only judges can decide
In persona jurisdiction
a courts power to render a decision affecting the rights of specific person before the court; usually extends over a certain geographic region
The Compliant
specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks
The summons
a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint
In rem jurisdiction
power of a court over the property or status of an out-of-state defendant located within the courts jurisdiction
Quasi in rem jurisdiction
type of jurisdiction exercised by a court over an out-of-state defendants property
Subject-matter jurisdiction
power of a court over the type of case presented to it
Exclusive Federal Jurisdictions:
admiralty cases (@ sea), bankruptcy cases, federal criminal prosecutions, when one state sues another, claims against the US, federal trademark/patent/copyright claims, etc
State Jurisdiction
power to hear all cases not within the exclusive jurisdiction of the federal court system; adoption and divorce
Concurrent Federal Jurisdiction
both state and federal courts have jurisdiction over a case; either or; when questioning the US constitution
Federal-Question cases
require an interpretation of the US constitution, a federal statute, or a federal treaty, or a federal treaty
Diversity-of-citizenship
must satisfy two conditions; the plaintiffs do not reside in the same state as the defendants, and the controversy concerns an amount in excess of $75,000
example: general electric case
Federal Trial Courts
Each of the 94 districts has at least one trial court—almost every case in the federal systems begins with this court
Federal Intermediate Courts of Appeal
US has 12 circuit courts—hears appeals from district courts in its geographic region; also from administrative agencies
Federal Courts of Last Resort
9 justices; does not hear cases considering questions of pure state law
State Trial Court
most states have a trial court for each county—most are referred to as courts of common please or county courts
State Intermediate Courts of Appeal
exist in approximately half of the states—most are called courts of appeal or superior courts
State Court of Last Resort
most call the supreme court—appeals from trial courts (without intermediate courts) go straight here; writ of surshority (appeal to the federal supreme court)
Threshold Requirements
requirements for any court to hear your case
What are the Threshold Requirements
Standing,
Plaintiff must have an injury in fact that is concrete and actual,Injury must be fairly traceable to the challenged action that has already occurred, Must be likely that the injury will be redressed by a favorable decisions
Standing
legal right of a party or individual to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenged
Case of Controversy
ensure that courts do not render advisory opinions
ripeness
a judge’s decision is capable of affecting the parties immediately
Civil Trial
jury selection
opening statements
examination of the witness
closing arguments
Voir Dire
Jury selection process including questioning potential jurors to ensure that the jury will be made up of nonbiased individuals
Opening Statements (civil)
stated facts intended to prove, legal conclusions to which these facts lead, and how the fact finder should decide the case; plaintiff goes first b/c he has the burden of proof
Examination of Witnesses and Presentation of Evidence (Civil)
present case by examining witnesses and presenting evidence—plaintiff presents her case first; they may be cross examined -- judge tells jurry what laws they should apply to what they have heard
Alternative Dispute Resolution (ADR)
resolution of legal problems through methods other than litigation; such as negotiation, mediation, arbitration, etc.
advantages: faster, cheaper, avoid jury, confidential, preserves business relationship
Negotiation
ADR; bargaining process in which disputing parties interact informally to attempt to resolve their dispute; the plaintiff talking to the defendant trying to reach a common ground (happens often)
Mediation
ARD; type of intensive negotiation in which disputing parties select a neutral party to help facilitate communication and suggest ways for parties to solve their dispute à selects a neutral third party (usually a retired judge); if you are unhappy with the decision, you may still go to trial
Arbitration
ARD; disputes are submitted for resolution to private nonofficial persons selected in a manner provided by law or the agreement of parties; more formal (mini trial); usually uses a retired judge; can not go to trial if you disagree with the outcome
Binding Arbitration Clause
a provision in a contract mandating that all disputes arising under a contract must be settled by arbitration
Why avoid trial
time, cost, media, something can go wrong in trial
Why go to trial
individual can stand up and go toe to toe with the big corporation
The Supremacy Clause
states that the constitution (federal) and all laws and treaties of the US constitute the supreme law of the land
Federal Preemption
principle asserting the supremacy of federal legislation over state legislation when both pertain to the same subject matter
The Commerce Clause
allows federal to control interstate commerce (local business), or anything that could effect it
Taxing and spending powers of the federal government
Article I, Section 8 gives the federal government power to lay and collect taxes, duties, imports and excises. All taxes must be the same for each state Taxes are used for: services, encourage the development of certain industries
The Privileges and Immunities Clause
requiring that a state grant citizens of other states the same legal benefits that it grants its own citizens; these activities include buying and selling property, seeking employment, and using the court system
Full Faith and Credit Clause
mandating that each state must recognize, respect, and enforce that public records, legislative acts, and judicial decisions of other states
The Contract Clause
prohibits the government from unreasonably interfering with an existing contract
First Amendment
freedom of speech, assembly, and religion
applied to business-- helps support corporations against political speech
Commercial Speech
speech made by businesses about the commercial matters such as the sale of goods
Unprotected Speech
1. Would the average person find that the speech taken as a whole appeals to the pruient interest? 2. Does the speech depict or describe in a patently offensive way, sexual conduct specifically defined by law? 3. Does the speech taken as a whole last serious literary, artistic, political, or scientific value?
The second amendment
Finds that in light of the need for a well-regulated militia for security, government cannot infringe on citizens’ right to bear arms
The Fourth Amendment
Freedom from Unreasonable Searches and Seizures Kylo case: thermal imaging to find out if pot was being sold
THe Fifth Amendment
Protects against self-incrimination Protects against double jeopardy
THe Sixth Amendment
Provides the right to a speedy public trial with an impartial jury, right to know what criminal accusations a citizen faces, right to have witnesses, right to an attorney
The Seventh Amendment
states in common law suits where the monetarty value exceeds $20, citizens have the right to a jury trial
The Eighth Amendment
provides government will not set excessive bail, prohibits government imposition of excessive fines, prohibits cruel and unusual punishment
The Ninth Amendment
right to privacy
The Fourteenth Amendment
Equal Protection; Prevents states from denying the “equal protection of the laws” to any citizens; implies that all citizens are created equal
Speech not protected by the first amendment
defamation, obscenity, and fighting words
Defamation
speech that harms the reputation of another
Obscenity
a. Would the average person, applying contemporary community standards, find that the speech appeals to the prurient interest? b. Does the speech depict/describe sexual conduct in a patently offensive way?c. Does the speech lack serious literary, artistic, political, or scientific value?
The Establishment Clause
Provides that government “shall make no law respecting an establishment of religion”
The Free Exercise Clause
States that government can’t make a law prohibiting the free exercise of religion
Fifth Amendment Due Process Clause
States that government can’t deprive a person of life, liberty, or property without due process of law
Tort
a violation of another person’s rights or a civil wrongdoing that does not arise out of a contract or statute; primary types are international, negligent, and strict liability torts
Objectives of Tort
to provide compensation for injured parties discourages private retaliation by injured persons and their friends give citizens a sense that they live in a just society
Intentional Tort
a civil wrong resulting from an intentional act committed on the person, property, or economic interest of another; based on negligence
Includes: assault, battery, defamation, conversion, false impersonation, etc.
Negligent Tort
a civil wrong that occurs when the defendant acts in a way that subjects other people to an unreasonable risk of harm
Usually used to achieve compensation for accidents and injuries
Strict-liability Tort
A civil wrong that occurs when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely
defendant is liable for the plaintiff’s damages without any requirement that the plaintiff prove that the defendant was negligent
Assault
an intentional tort against persons;
occurs when one person intentionally and voluntarily places another in fear or apprehensions of an immediate offensive physical harm—does not require actual contact
Battery
an intentional tort against persons;
occurs when one person intentionally and voluntarily brings about a non-consented harmful or offensive contact with a person or something closely associated with him or her—requires actual contact
Defenses: consent, self-defense, defense of others
Defamation
an intentional tort against persons;
a false statement or an action that harms the reputation or character of an individual, business, product, group, government, or nation; must be damaging to ones reputation
Libel
permanent form of defamation; general damages assumed
Slander
Oral form of defamation; general damages are not assumed
Defenses to Defamation
truth
privilege
Absolute Privilege
defense to defamation: a special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being help liable for defamation for any false statement made, regardless of intent or knowledge of falsity of the claim
Conditional Privilege
defense to defamation; a special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statement made without actual malice
Actual Malice
either a person's knowledge that his or her statement or published materials is false or the person's reckless disregard for whether it was false
Public FIgure Privilege
defense to defamation; a special right, immunity, or permission given to people that allows them to make any statements about public figures, typically politicians and entertainers, without being held liable for defamation for any false statement make without malice
Trespass to realty
intentional tort against property; Occurs when a person intentionally; enters the land of another without permission; causes an object to be placed on the land of another without the landowner’s permission; stays on the land of another when owner tells him to leave; refuses to remove something he places on the property of another
Private Nuisance
intentional tort against property; occurs when a person uses her property to an unreasonable manner that harms a neighbor’s use or enjoyment of his property; subject to flooding, vibrations, excessive noise, or smoke; affects only a single or limited number of individuals
Trespass to Personal Property
intentional tort against property; temporary interference with another’s use or enjoyment of his or her personal property
Conversion
intentional tort against property; occurs when a person permanently removes personal property form the owner’s possession and control; the true owner can no longer regain the property
Disparagement
intentional tort against economic interest; business tort that occurs when a statement is intentionally used to defame a business product or service
Slander of Quality
intentional tort against economic interest; a business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales
Slander of Title
intentional tort against economic interest; a business tort that occurs when false published statements are related to the ownership of the business property
Food disparagement
intentional tort against economic interest; A tort that provides ranchers and farmers with a cause of action when someone spreads false information about the safety of a food product
International interference with contract
intentional tort against economic interest; the tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that she or he has with another
Unfair Competition
intentional tort against economic interest; the act of competing with another not to make a profit, but for the sole purpose of driving that other out of business
Fraudulent misrepresentation
intentional tort against economic interest; ort that occurs when a misrep. Is made with the intent to facilitate personal gain and with the knowledge that it is false
Negligence
behavior that creates an unreasonable risk of harm to others; involves failure to exercise reasonable care to protect another’s person or property
duty
to prove negligence, plaintiff must establish that the defendant owes a duty to the plaintiff
Reasonable person standard
measurement of the way members of society expect an individual to act in a given situation
4 questions to determine reasonable duty
1. How likely was it that the harm would occur? 2. How serious was the potential harm? 3. How socially beneficial was the defendant’s conduct that posed the risk of harm? 4. What costs would have been necessary to reduce the risk of harm?
Breach of Duty
plaintiff must prove that the defendant’s conduct violated that duty
actual cause
determination that the defendant’s breach of duty resulted directly in the plaintiff’s injury
Proximate cause
a defendant may be held liable for the consequences of his/her actions. Requires that the plaintiff and the plaintiff’s damages were foreseeable at the time of the accident
damages (negligence)
plaintiff must have sustained compensable injury as result of the defendant’s actions
compensatory damages
money awarded to a plaintiff as reimbursement for her or his losses; based on the amount of actual damage or harm to property, lost wages or profits, pain and suffering, medical expenses, disability, etc
punitive damages
Compensation awarded to plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct in the future
gross negligence
an action committed with extreme reckless disregard for the property or life of another person
Plaintiff's doctrine
used when direct evidence of negligence by the defendant is not available
Res Ipa Loquitur
literally means “the thing speaks for itself”; the plaintiff must demonstrate; plaintiff doesn’t have to prove how/why negligence occurred
once proven, the burden of proof shifts to the defendant
How to Prove Res Ipa Loquitur
1. The event was a kind that ordinarily does not occur in the absence of negligence
2. Other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated 3. The indicated negligence is within the scope of the defendant’s duty to the plaintiff
Negligence Per Se
A doctrine that allows a judge or jury to infer duty and breach of duty from the fact that a defendant violated a criminal statue that was designed to prevent the type of harm that the plaintiff incurred; only have to prove that someone violated the statue
Contributory Negligence
defense to negligence; applies to cases where both parties were negligent; defendant must prove:
1. The plaintiff’s conduct fell below the standard of care needed to prevent unreasonable risk of harm2. The plaintiff’s failure was a contributing cause of the plaintiff’s injury (ex. Failure to wear a seat belt
Comparative Negligence : pure
defense to negligence; defense where the defendant is not liable for the percentage of harm that he/she can prove can be attributed to the plaintiff’s own negligence
Comparative Negligence; modified
defense to negligence; defendant is not liable for the percentage of harm that he or she can prove can be attributed to the plaintiff’s own negligence if the plaintiff’s negligence is responsible for less then %50 of the harm; if the plaintiff is responsible for more then 50%, the defendant has no liability
Comparative Negligence: Assumption of Risk
defense to negligence; where the defendant must prove that the plaintiff voluntarily assumed the risk the defendant caused; the plaintiff willingly assumed as a risk the harm she suffered i. Most difficult part of this defense is showing that the plaintiff assumed the risk of the actual harm she suffered
Good Samaritan
defense to negligence; : statue that exempts from liability a person, who voluntarily renders aid to an injured person by negligently, but not unreasonably negligently, causes injury while rendering the aid
strict liability
liability in which responsibility for damages is imposed regardless of the existence of negligence
3 conditions:
1. involves a risk of serious harm to people or property 2. is so inherently dangerous that it can’t ever be safely undertaken 3. is not usually performed in the immediate community (ex. Dynamite blasting)
Compensator Damages (negligence cases)
damage available in tort cases; to make the plaintiff whole again; the amount equivalent to all losses caused by the tort, including compensation for pain and suffering, no attorney fees
Nominal Damages (negligence cases)
to recognize that the defendant committed a tort against the plaintiff; a trivial amount, typically $1-$5
Punitive Damages (negligence cases)
to punish the defendant and deter future wrongdoers; an amount based on two factors, the severity of the conduct and the wealth of the defendant
Real property
land and everything permanently attached to it
Intellectual property
intangible property that is the product of one's mind and not one's hands
Properties of Land
1. the right to exclude others (fence)
2. right to sell
3. right to lease
4. right to mortgage
5. right to allow someone limited access
6. right to take land, regulate it, and tax it
real property
The duration of one’s ownership interest and the power one has over using the land depends on the type of estate one is said to hold
Fee Simple Absolute
a land ownership interest in which the holder has exclusive rights to ownership and possession of the land; the most comprehensive type of estate; passed to the owner’s heirs à free hold estate (owner has a present possessory interest in the land)
Conditional Estate (fee simple defensible)
land holder has the same interest as that in a fee simple absolute, except that this interest is subject to condition; if conditions fail to occur, or violated, the interest will be terminated à free hold estate
Ex. Church b/c if it is not used as a church, the land will go back to the grantor
Life Estate
the holder has the right to possess the property until her/his death; after death, the property will go to another party as designated by the original grantor
Future Interest
a person’s present right to property ownership and possession in the future
Leasehold
A possessory interest, but not an ownership interest, transferred by contract (a lease)
Easement
nonpossesory estates; an irrevocable right to use some part of another’s land for a specific purpose without taking anything from it
Profit (land)
nonpossesory estates; the right to go onto someone’s land and take part of the land or a product of it away from the land
License (land)
nonpossesory estates; a revocable right to temporarily use another’s property
Adverse Possession
involuntary transfer of land; a person acquires ownership of property by treating a piece of real property as his/her own, without protest of permission from the owner
Rules for Adverse Possession
must be:
actual: person lives on or uses the land as the owner would
open: not secretive
Notorious: without the owner's permission
Condemnation
involuntary transfer of land; legal process by with a transfer of property is made against the protest of the property owner
ex. eminent domain
Trademarks
intellectual property; a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer
Trademark intrastate
Trademark intrastate: protected
Trademark interstate
must be registered with the US patent office to be covered legally
Trade Dress
the overall appearance and image of a product; entitled to the same protection as a trademark
Copyrights
the protection of the expression of a creative work; ei. Protection of the fixed form that expresses the ideas
Fair-use doctrine
lawful use of a limited noncommercial portion of another’s work for purpose of criticism, comment, news reporting, teaching, scholarship, or research
Patents
protection that grants the holder the exclusive right to produce, sell, and use the object of the patent for 20 years; can be obtained for a product, proves, invention, or machine or plant produced by asexual reproduction
Trying arrangement
an illegal agreement in which the sale of one product is tied to the sale of another
Cross-licensing
an illegal contractual arrangement in which two or more parties license each other to use their specific intellectual property only on the condition that neither licenses anyone else to use the property without the others consent
Trade Secrets
a process, product, method of operation, or compilations of information that gives a businessperson an advantage over his or her competitors; protected by the common law from unlawful appropriation by competitors
About this deck
By: Ali Major
Created: 2011-02-02
Size: 207 flashcards
Views: 143
Created: 2011-02-02
Size: 207 flashcards
Views: 143
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