Legal Flashcards
(29 cards)
What is intellectual property law?
Body of work that encompasses creative activities in the arts, science and industry.
What do copyright laws protect?
Literary expression of ideas including books, plays, songs, painting, movies and software.
Is an application process needed for copyright protection?
No application process needed; can be applied when an idea is expressed in tangible form.
What does copyright not protect?
Facts, ideas, systems or methods of operation.
What do trademark laws protect?
Distinguishing symbols, pictures, sounds etc. which go into forming an organization’s brand image.
What do patent laws protect?
Mechanical innovations, inventions and some software.
What can patent holders do with protected technology?
Grant the right to use protected technology, aka licensing.
What are trade secrets?
Proprietary information important for organizational operation and competitive advantage.
How are protections for trade secrets established?
Legal constructs such as contracts or NDAs.
What is due care?
Responsibility to provide security and ensure that control types, cost and deployment are relevant to the assets or information being protected.
What is due diligence?
Continuous monitoring and evaluation of the controls prescribed by due care.
What does liability refer to?
Proximate legal causation; responsibility.
What is restitution?
Penalties are fines paid in return for negligence or wrongdoing.
What is public law?
Regulated structure and administration of government agencies and their relationships with citizens, employees and other governments.
What categories fall under public law?
- Criminal law
- Administrative law
- Constitutional law
What is private law?
Regulates the relationships among individuals as well as relationships between individuals and organizations.
What categories fall under private law?
- Family law
- Contract law
- Tort (civil) law
- Labor / business law
What is constitutional law?
Originates with U.S., state, local constitutions, bylaws or charters.
What is statutory law?
Originates from a legislative branch specifically tasked with the creation and publication of laws and statutes.
What is an Executive Order (EO)?
Directive by the president of the U.S that manages the operations of the federal government.
What is regulatory or administrative law?
Originates from an executive branch or authorized regulatory agency and includes EOs and regulations.
What is the FTC responsible for?
Principal US federal privacy regulator covering most for private business not overseen by other regulators.
What does the SEC regulate?
Publicly traded organizations.
What is the role of OCR?
Primarily responsible for enforcing HIPAA.
