WEEK 5 Flashcards
is a set of rules of conduct or
procedure established by customs, agreement or authority.
Law
purposes of laws are to:
- maintain order
- establish standards
- resolve conflict
- protect individual rights and liberties
are passed by Congress and represent one of the primary sources of laws.
Statutory Laws
BRANCHES OF GOVERNMENT
- Executive Branch
- Legislative Branch
- Judicial Branch
EXECUTIVE BRANCH
President
Vice-President
Cabinet
LEGISLATIVE BRANCH
Senate
House of Representatives
JUDICIAL BRANCH
Supreme Court
RTC, MTC
Special Courts
is based on the concept of precedence, which requires judges to decide based on prior rulings or, at minimum, consider the reasoning of prior judges when deciding a case with similar facts.
Common Law
As outlined by the
Indiana Court System, “When a decision is made by a higher court, the lower courts must follow
it.”
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deals with behavior that is or can be construed as an offense against the public, society, or the
state—even if the immediate victim is an individual.
Criminal Law
deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. cases are initiated (suits are filed) by a private party (the plaintiff);
Civil Law
is a violation of civil law that causes harm or injury (intentional or accidental) to a person or
property and an associated legal liability on the part of the person who commits a tortious act.
Tort Law
involves harm that arises from unintentional action.
Negligence
is the area of tort law in
which product manufacturers, distributors, and sellers are held responsible for the injuries caused by their products.
Product Liability
have a responsibility to
produce products that are reasonably safe
in both their intended and anticipated uses.
Manufacturers
are intended to compensate for the wrong and restore the plaintiff to
their pre-incident position. In setting compensatory damages, courts are governed by the
recovery principle, paying a single lump sum that accounts for past and future expenses.
Compensatory Damages
are awarded in extreme cases where behavior is considered to be so socially unacceptable that the court needs to make an example of the defendant.
Punitive Damages
is an idea— an intangible asset—and patents, copyrights and trademarks are statutory forms of IP.
Intellectual Property
There are three main ways to protect intellectual property:
Patents
Trademarks
Copyrights
grants an inventor “the right to exclude others from making, using, offering for sale, or
selling the invention.
Patent
Three patent categories:
Design
Utility
Plant
patents make up 90% of patents issued and protect how inventions work
Utility
patents represent less than 1% of patents issued in 2017.
Plant
patents are based on an article’s appearance and prevent unauthorized use of a
product design or design element
Design
