Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Ethical and Legal Issues in Business > Topic 3 Exam (Chapters: 7, 8, 9) > Flashcards

Topic 3 Exam (Chapters: 7, 8, 9) Flashcards

1
Q

Violation of a duty imposed by the civil law

A

tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Involves a defamatory statement that is false, uttered to a 3rd person, and causes an injury

A

defamation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Intentional restraint of another person without reasonable cause and without consent

A

false imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Intentional touching of another person in a way that is unwanted or offensive

A

battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

An act that makes the plaintiff fear an imminent battery

A

assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Extreme and outrageous conduct that causes serious emotional harm

A

intentional infliction of emotional stress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The normal remedy in a tort case. In unusual cases, court may award punitive ones, not to compensate the plaintiff but to punish the defendant

A

damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The defendant unfairly harming an existing contract

A

tortious interference with a contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Protects the exclusive right to use one’s own name, likeness, or voice

A

commercial exploitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Intentional/deliberate deception frequently used to obtain a contract with another party

A

fraud

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

A valid defense in a defamation suit

A

opinion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the elements of negligence?

A
  1. duty of due care
  2. breach
  3. factual causation
  4. proximate causation
  5. damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If the defendant could foresee that misconduct would injure a particular person

A

he would have a DUTY to her

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Landowner’s duty of due care: LOWEST LIABILITY?

A

trespassing adults

- owner owes NO DUTY except intentionally hurting injuring him for some other gross misconduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Landowner’s duty of due care: MID-LEVEL LIABILITY?

A

trespassing children

- if something on land is expected to attract children, landowner is probably liable for any harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Landowner’s duty of due care: HIGHEST LIABILITY?

A

invitee

- owner has duty of reasonable care to invitee (duty to inspect for hidden dangers)

17
Q

What does a defendant do if he fails to meet his duty of care?

A

Breach

18
Q

If an event physically led to the ultimate harm, what is it?

A

factual cause

19
Q

For the defendant to be liable, the type of harm must have been reasonable foreseeable

A

proximate cause

20
Q

A plaintiff who is even slightly responsible for his own injury recovers nothing

A

contributory negligence state

21
Q

The jury may apportion liability between plaintiff and defendant

A

comparative negligence state

22
Q

A defendant is WHAT for harm caused by an ultra hazardous activity or a defective product? (the defendant’s conduct led to harm)

A

strictly liable/strict liability

23
Q

Examples of ultra hazardous activities

A
  • using harmful chemicals
  • blasting
  • keeping wild animals
24
Q

Product liability will arise if..

A
  • a seller’s conduct is not that of a reasonable person

- a seller has a defective product that reaches the user without substantial change

25
Q

Money awarded to an injured plaintiff

A

compensatory damages

26
Q

Someone who has a legal right to enter upon land

A

invitee

27
Q

A tort in which an injury or loss is caused accidentally

A

negligence

28
Q

What does the 4th Amendment prohibit?

A

unreasonable searches and seizures by the government

29
Q

There is a reasonable expectation of privacy if…

A
  1. the person had a subjective expectation of privacy

2. society accepts that expectation as reasonable

30
Q

Violation of tort law to disclose secret information if disclosure would be highly offensive to a reasonable person and the information is not of legitimate public concern

A

public disclosure of private facts

31
Q

Intrusion into one’s private life is a tort if..

A

a reasonable person would find it offensive

32
Q

What Act makes it illegal to intercept/record face-to-face oral communications and telephone calls during their transmission?

A

the Wiretap Act

33
Q

What statute prohibits unauthorized interception of disclosure or wire and electronic communications?

A

The Electronic Communications Privacy Act of 1986 (ECPA)

34
Q

What provides the rules for the government’s collection of foreign intelligence within the United States?

A

The Foreign Intelligence Surveillance Act (FISA)

35
Q

What does the 1st Amendment protect?

A

speech on the internet so long as the speech does not violate some other law

Ethical and Legal Issues in Business (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions