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Business Law > Exam 2 > Flashcards

Exam 2 Flashcards

(68 cards)

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1
Q

Tort Definition

A

Civil action to provide remedy for injury to protected interest.
E.g. personal physical safety or protection of property.

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2
Q

Compensatory damages

A

Reimburse for actual losses

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3
Q

Punitive damages

A

Non-monetary, punish the wrongdoer

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4
Q

Intentional Torts Against Persons

A

Must intend consequences, or know that certain consequences would result.

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5
Q

Assault

A

Threat of immediate harmful or offensive contact. Must be reasonably believable, no contact necessary.

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6
Q

Battery

A

Completed assault, harmful or offensive contact. No injury required.

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7
Q

False Imprisonment

A

Intentional physical confinement/restraint of another’s activities without justification or consent.

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8
Q

Intentional Infliction of Emotional Distress

A

Extreme/outrageous act that results in severe emotional distress of another.

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9
Q

Defamation

A

Publishing false statements of fact about another

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10
Q

Invasion of Privacy

A

Intrusion into affairs or seclusion/false attribution/public disclosure of private facts/appropriation of identity

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11
Q

Malicious Prosecution

A

Initiating lawsuit out of malice and with no legitimite legal reason

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12
Q

Abuse of Process

A

Using legal process against another in improper manner of for improper purpose

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13
Q

Trespass to Land

A

W/o permission, entering/remaining on, above, or under land.

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14
Q

Trespass to Personal Property

A

Intentional interference with use or enjoyment of personal property without consent or privilege

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15
Q

Conversion

A

Wrongfully possessing, taking, etc. property without permission (civil theft)

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16
Q

Slander of Quality

A

(Trade libel) publication of false info about another’s product, resulting in economic damages

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17
Q

Slander of Title

A

Publication falsely denying or casting doubt on another’s legal ownership of property, resulting in economic damages.

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18
Q

Negligence

A

Tortfeasor doesn’t intend consequences or the act or believe they will occur

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19
Q

4 Elements of Negligence

A
  1. Duty
  2. Breach
  3. Causation
  4. Damages
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20
Q

Duty of Care and Breach

A

Defendant owes duty to protect Plaintiff from foreseeable ricks that Defendant knew or should have known about

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21
Q

Duty of Professionals

A

Professionals may owe higher duty of care based on special education, etc. (Professional malpractice)

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22
Q

Assumption of Risk

A

Plaintiff has knowledge of risk and voluntarily engages in act anyway

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23
Q

Strict Liability

A

Liability without fault. Liability despite the exercise of reasonable care

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24
Q

Product Liability (Harmful or defective)

A

Manufacturers and sellers can spread cost, fair operating cost for those who profit from a product

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25
Product Liability Negligence
Plaintiff must show manufacturer breached reasonable standard of care, breach must have caused Plaintiff's injury.
26
Proving Defective Product Condition
1. Doesn't need to show how became defective 2. Must show was defective at purchase 3. Must show defect made product dangerous
27
Manufacturing Defect
Product departs from its intended purpose even though all possible care was exercised in prep and marketing or product.
28
Design Defect
Defendant's failure to use available reasonable alternative design rendered product not reasonably safe
29
Inadequate Warning
Provision of reasonable instructions or warnings could have reduced or avoided foreseeable risks.
30
Market Share Liability
Multiple defendants contributed to manufacturing of product. Each defendant proportionately liable based on market share.
31
Assumption of Risk
Product liability defense-User knew and appreciated risk posed by defect.
32
Trademark
Distinctive mark, motto, device, or emblem that manufacturer stamps, prints, or otherwise affixes to goods it produces
33
Trademark Dilution
Trademark becomes less valuable as it is imitated and copied
34
Trademark Infringement
Trademark is substantially copied, intentionally or unintentionally
35
Service Mark
Similar to trademark, used to distinguish services rather than products
36
Certification Mark
Certifies region, materials, manufacture, etc.
37
Patent
Exclusive federal grant from USPTO to make, use, and sell invention. 14 years.
38
Patent Infringement
Making, use, or sale of another’s patented design, product or process w/o patent owner’s permission
39
Copyright
Intangible property right granted by federal statute to creator of literary or artistic production of specified type
40
"Fair Use" Exception
No infringement if used for criticism, comment, news reporting, teaching, research
41
Trade Secrets
Information of commercial value that can't be patented, copyrighted, or trademarked.
42
Spam
Unsolicited emails with ads, solicitations, and other messages
43
Domain Names
Internet address
44
Cybersquating
Registering domain name same as or confusingly similar to trademark of another, which is then offered for sale to trademark owner
45
Typocybersquatting
Registering name that is misspelling of popular brand, leading to high traffic
46
Meta Tags
Key words inserted into html. Used by search engines; trademark infringement to use other's trademark
47
Trademark Dilution Online
Products need not be similar
48
Crime
Wrong against society set forth in statute and punishable by fine and/or imprisonment
49
Felonies
Serious crimes, punishable by death, or prison for more than one year
50
Misdemeanor
Non-serious (petty) crimes punishable by jail for less than one year and/or by fines
51
Actus Reus
(Requirement for Criminal Liability) committing a guilty act
52
Mens Rea
(Requirement for Criminal Liability) possessing a guilty mind during commission of guilty act
53
Violent Crime
Crime against persons (murder, sexual assault, rape, battery, robbery, etc.)
54
Property Crime
Economic gain from or damage to property
55
Burglary
Common law: breaking and entering of dwelling at night with intent to commit felony (now any time of day,not just dwelling)
56
Larceny (theft)
Unlawful taking of personal property with intent to permanently deprive
57
Public Order (Victimless) Crime
Public drunkenness, prostitution, gambling, drug use, etc.
58
White-Collar Crimes
Occurs in business context, non-violent, personal or business advantage
59
Embezzlement
Fraudulent appropriation by one entrusted with property
60
Mail and Wire Fraud
Schemes using U.S. mail or commercial carriers or wire with the intent to defraud public
61
Bribery
Offering value in attempt to influence another for private benefit. Occurs when offered, not accepted.
62
Bankruptcy Fraud (federal)
False claim by creditor, fraudulent transfer of assets, fraudulent concealment of assets
63
Organized Crime
Operates illegitimately by providing illegal goods and services
64
Self Defense
Justifiable use of force in defense of people and property
65
Insanity
Incapable of mens rea (guilty mind)
66
Entrpment
Crime suggested and induced by government agent
67
Exclusionary Rule
Evidence obtained in violation of 4th Amendment is excluded from trial
68
The Miranda Rule
Defendant must be informed of certain rights prior to custodial interrogation

Business Law (3 decks)

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