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Business Law Exam 2 > Business Law Exam 2 > Flashcards

Business Law Exam 2 Flashcards

1
Q

What are the two main purposes of criminal law?

A

To make society safe and protect from false accusations/punishments

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2
Q

What does the government have to do prove someone guilty and throw them in jail? What type of trial has no jury?

A

Prove beyond reasonable doubt. Bench trial.

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3
Q

Is restitution when the guilty defendant reimburses the victim for harm caused?

A

Yes

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4
Q

When entrapment occurs does the defendant have to prove beyond reasonable doubt that government forced them to commit a crime?

A

Yes

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5
Q

What does the 4th amendment state?

A

Protects people from unreasonable searches and seizures by the government

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6
Q

Which amendment enables individuals to not provide evidence against themselves?

A

5th

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7
Q

What do Miranda Rights state?

A

Forceful interrogation may lead to defendants forgetting constitutional rights

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8
Q

Does 6th amendment guarantee right to lawyer at all important stages of criminal process?

A

Yes

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9
Q

Does the discovery and double jeopardy ensure that the 8th amendment is not violated?

A

Yes

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10
Q

What is wire and mail fraud?

A

Involve use of interstate advertising to obtain property by deceit

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11
Q

What is the difference between phishing and spear phishing?

A

Phishing: entering personal details on illegal website, and spear phishing: message that looks like sent from someone they know

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12
Q

What is the Racketeer Influenced and Corrupt Organisations Crime?

A

Powerful federal state aimed at originally organised crime but now criminal/civil lawsuits for previous crimes

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13
Q

Is a compliance program designed to reduce the amount of lawsuits against a company?

A

Yes

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14
Q

What is a tort?

A

Violation of duty imposed by civil law

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15
Q

What are the two types of defamation and it’s definition?

A

Libel (written) and slander (oral). Act of communicating false statements about a person that injures the reputation of that person

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16
Q

If defamation does not harm the plaintiff may it constitute slander per se and libel per se (oral and written which are assumed to be harmful)?

A

Yes

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17
Q

Does absolute privilege state that witnesses will never be sued for defamation?

A

Yes

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18
Q

What is the difference between battery, assault, and conversion?

A

battery: touching another person in a way that is harmful/offensive. assault: act that makes person fear imminent battery. conversion: taking/using someone personal property without consent.

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19
Q

What are compensatory damages?

A

Money intended to restore a plaintiff’s position prior to being injured

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20
Q

What three factors would determine punitive damages against defendant?

A

worthiness of conduct, ratio between harm suffered and award, similar past decisions

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21
Q

Do the types of jury awards given differ between states?

A

Yes

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22
Q

Does Lanham Act provide broad protection when one business tries to intentionally hurt another?

A

Yes

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23
Q

In a negligence case do all 5 elements have to be proven?

A

Yes

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24
Q

In duty of care does each persona has right to behave as reasonable person would?

A

Yes

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25
Q

Is negligence per se happening when minimum standards set by legislature are violated?

A

Yes

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26
Q

What is the difference between factual and proximate cause?

A

Factual: defendant breach led to ultimate harm, and proximate: actual harm must have been foreseeable

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27
Q

If the jury carries out comparative negligence and discovers the plaintiff had contributory intelligence would the plaintiff had been 50% or more involved?

A

Yes

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28
Q

What two tests have put in place to limit arguments to do with design defect?

A

Consumer expectation and risk utility (weighs benefits and dangers towards society)

29
Q

Have 2/3 of states limited the damage in tort actions and can statue of limitations occur indicating when lawsuits can be filed?

A

Yes

30
Q

Has specific legal exception meant that in certain businesses employees cannot be fired for good, bad, or no reason?

A

Yes

31
Q

Is qualified privileges when employers are only liable for reference they know are false?

A

Yes

32
Q

State one organisation supporting whistle blowers?

A

Sarbanes-Oxley Act of 2002, which promotes public disclosure

33
Q

Are employers able to follow staff for off-duty conduct such as drugs and alcohol?

A

Yes

34
Q

Does national labor relations act protect all employees involved in collective activity in workplace? Despite SCA can employers check employees social media at work?

A

Yes. Yes.

35
Q

Under what circumstances can an employer make an employee do a polygraph test?

A

Employee is part of ongoing investigation, applying for government job, applying to job involving controlled substances

36
Q

Can the employer be held responsible for data spill and hackings?

A

Yes

37
Q

What does Patient Protection and Affordable Care Act provide?

A

Employers of 50 + employees made to give basic health insurance

38
Q

Does the Norris-LaGuardia Act prohibit injunctions in violent labour disputes?

A

Yes

39
Q

Is concerted action tactics by union members to gain bargaining advantage?

A

Yes

40
Q

State two limits to when strikes can be placed?

A

60 days cool off period and no union can strike when collective bargaining in place

41
Q

What are the 3 types of strikes?

A

Sit down, partial, and economic

42
Q

Are picketing and lockouts lawful?

A

Yes

43
Q

Following the civil war were three amendments implemented to do with discrimination? (13th, 14th, 15th)

A

Yes

44
Q

Did the 1866 civil rights act, Plessy v. Ferguson 1896, and Brown v. Board of Education 1954 all associate making everyone equal?

A

Yes

45
Q

Does Title VII prohibit discrimination and does 5th amendment prohibit federal government from depriving individuals of life, liberty, property without due process of law?

A

Yes. Yes

46
Q

Where did Civil Rights Act of 1866 intend to prohibit discrimination?

A

Privately and publicly

47
Q

State definition of disparate treatment and disparate impact?

A

Person is treated less favourably due to above reasons. On face not discrimination but on inside is

48
Q

Unattractiveness is not protected under Title VII?

A

True

49
Q

Does EEOC believe discriminating against transgender is part of Title VII?

A

Yes

50
Q

What are affirmative action programs?

A

Revive effects of past discrimination

51
Q

What is the Bona Fide Qualification (BFOQ)?

A

Employer is permitted to establish discriminatory job requirements if essential to position

52
Q

When are employers not allowed to discriminate with anyone over the age of 40?

A

When have 20 or more workers

53
Q

State 2 Act prohibiting discrimination based on disability?

A

Rehabilitation Act of 1973 and Americans with Disabilities Act

54
Q

Does Genetic Information Non-discrimination Act mean employers cannot use previous genetic health history to decide who going to hire?

A

Yes

55
Q

Do people who bring constitutional claims feel suits on their own but do plaintiffs go through EEOC who mediate?

A

Yes

56
Q

Do IP owners know if someone is using it’s software for free?

A

No

57
Q

What is the difference between utility and plant patents?

A

Utility is protecting ways invention occurs (94% of all patents) and plant patents occur if able to replicate

58
Q

Must a patent be novel (substantially different to any public knowledge) and non-obvious?

A

Yes

59
Q

How long after a patent application being filed can it be challenged for? Must an inventor apply in each country where patent is sought?

A

9 months and yes.

60
Q

When does an expression become different? For how long after being published/created does a copyright stand?

A

When becomes tangible. 95 years and 120 years

61
Q

Is fair use doctrine done without author’s permission?

A

Yes

62
Q

Is the ISP (Internet Service Provider) liable for deleting copyright info and circumventing tools to do so if they don’t know it’s illegal?

A

No

63
Q

Is Berne Convention gives copyright protection to artistic and literacy work created in it’s 172 nations?

A

Yes

64
Q

Does Lanham Act require trademarks to be registered?

A

Yes

65
Q

What two ways does trademark dilution occur?

A

Blurring (original losing distinctive look by new marks), tarnishment (association with unwholesome goods/services)

66
Q

What is the difference between the Paris and Madrid Agreement/ Convention?

A

Someone who files in one country can do same in another, and any international trademark is available in all signatory nations

67
Q

What is the Economic Espionage Act of 1996?

A

Criminal act to steal (attempt) to benefit someone other than owner?

68
Q
A

Business Law Exam 2 (1 decks)

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