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Definition
| the order or pattern of rules society uses to govern the conduct of individuals and their relationships |
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| fundamental truth or propisition that serves as the foundation for a system of beliefs or behavior before a chain of reasoning |
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| The law consists of a body of ______ |
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| something a person is obligated to do, but there may not be a law to back it up |
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| A legal capacity to require another person to refrain from or perform another act |
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| Places rights originate from |
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Definition
Us constitution
federal acts/statutes/laws along with State and Loacal versions
regulations
treaties |
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Term
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Definition
1.Opening Statements (both sides)
2.Prosecutor presents
3.Defendant presents
4.Evidence
5.Motion for directed verdict (does not happen very often)
6.Closing arguments (reminding jury about evidence and arguments)
7.Jury instructions
8.Verdict
9.Other misc. motions/ motion mistrial/ judgement |
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Definition
| when a person is called before a court date to give evidence or statements |
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| turning a judgement into actual cash owed to someone. They can do this by wage garnishment, bank account withdrawals, general execution, or a judgement lien |
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| Alternative Dispute Resolution |
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Definition
| When parties use means other than litigation to resolve disagreements or disputes |
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| jurors are drawn for service by being questioned by a judge and lawyers to determine whether they are biased or have any preformed judgements about the parties in the case |
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| disinterest persons selected by the parties to the dispute hear evidence ans determine a resolution |
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| a neutral person acts as a messenger between opposing sides of a dispute, carrying to each the latest settlement offer made by the other |
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| Emmanuel Kant's categorical imperative |
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Definition
| you cannot use others for a one-sided benefit |
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| John Locke/John Rawls social contract theory/theory of justice |
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Definition
| humans will make the decision to treat each other right, and may even come to a decision for a reason that is rooted in self-interest |
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| Nozick's entitlement theory/rights theory |
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Definition
| everyone is entitled to a certain set of rights, and and its the governments job to protect those rights |
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Definition
| we all make decisions based on self-interest, even morally righteous ones |
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| Bentham & Mill Utilitarianism |
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| you want to make the decision that will do that will do the most possible good |
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| your ethical decisions are based on the circumstances you are in |
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| Plato & Aristotle Value Ethics |
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Definition
| The idea that, to be ethical, training and study are required |
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| What business ethics protect |
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Definition
Ourselves(personal rights, personal interests)
Societal stability
property
safety, health
trade (capitalism)
Contract (personal agreements |
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| one of the three branches of government, makes the laws |
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| one of the three branches of government, enforces the laws |
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| One of the three branches of government, interprets the laws |
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| the way of viewing the constitution in which what it says is always true |
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| the way of viewing the constitution in which the document has changed before, and will probably need to change again if needed over time |
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Definition
| number of constitutional amendments |
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| three ways to amend the constitution |
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Definition
1)by interpretation
2)expressly
3)by practice |
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| Financial powers of the federal government |
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Definition
Tax
Spending
Borrowing
Printing coin money |
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Definition
| an agreement among competitors to set the same price, or minimum/maximum prices for good and services. |
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| one entity has sole control of a supply or trade of a particular good or serrvice. Measured by market power |
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| these entities fill in the laws ans statutes that are put in place by the state. (departments, commissions, boards, bureaus, administrations) |
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| lawbreaking that results in a sentence of more than one year |
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Definition
| crimes that result in a sentence of less than a year |
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| 2 elements of committing a crime |
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Definition
mental state/intent
Act or omission |
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Definition
| when a criminal is convicted, sometimes they have to pay into a govt fund that will go to people wrong in court crimes |
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| multiple people agreeing together to complete an illegal act |
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Definition
| concealing the source of a certain amount of money |
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Definition
| govt confiscates property used or gined from crime. |
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Term
| RICO (Racketeer Influences and Corrupt Organizations Act) |
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Definition
can be used on things other than organized crime.
A pattern of racketeering (dishonest and fraudulent business doings) activity must be established (2 acts within 10 years) |
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Definition
| Giving money, property, or any other benefit to influence persons in favor of the gver |
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| giving the money to an agent working on behalf of a principle to sway their decision |
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| threatening someone publicly to damage their reputation |
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| felony to influence decision makers in other countries |
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Definition
| making, with fraudulent intent, a document or coin that appears to be genuine, but it is not becaussue you so not have the authority to make it |
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Definition
| fraudulently making or altering an instrument that creates or alters legal liabilities |
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Definition
| the crime of issuing fraudulent documents |
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Definition
| Knowingly giving false testimony |
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Definition
| civil actions, some may also violate a criminal statute as well, that affect another person negatively |
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Definition
| conduct that threatens of immediate wrongdoing with intent |
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| the actual contact physically tuching someone else with intent (but need to show the damages that came with the contact) |
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| Intentional infliction of emotional destress |
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Definition
| outrageous (exceeding all bounds of decency) conduct done to another person that has done damages to a person mentally or otherwise |
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Definition
| intentional detention of a person without that person's consent |
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| Misappropriating image/The right of publicity |
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Definition
| when you take someone's image, name, or likeness to use it for your own benefit |
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Term
| misappropriating image/the right of publicity |
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Definition
| when you take someone's image, names, or likeness to use it for your own benefit |
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Definition
| false statement about another |
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Definition
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Definition
| written (or visual) slander |
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Term
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Definition
1. make a false statement
2. publish it
3. it causes damages
4. (if a public figure) with malice |
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Definition
| making false statements of a product or business |
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Definition
| unauthorized entry on, across, or below the land |
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Definition
failure to take proper care of something/someone
Elements: duty, breech the duty, which causes damages |
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Definition
| the person contributed to the bad thing that happened because of "negligence"- complete bar |
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| compare the degree of the fault, and then divide the damages up that way. |
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Definition
| protects citizens from unreasonable searches and seizures. This protect your privacy. |
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Definition
Expressed-written (when there is a sign saying not responsible)
Implied- plaintiff participated despite knowing the risks |
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Definition
| protection and exemption from something (US Govert, states, cities) |
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Definition
| absolute standard of liability, you are doing something so dangerous, any damage that comes from the act is automatically your fault. |
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Definition
| a mare that defines a product |
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Definition
| a mark that defines a service |
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Definition
| protect your mark by registering it with the US patent and trademark office in DC, internationally, you register it with the Madrid Protocol Sysytem |
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Term
| categories used to describe trademarks |
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Definition
| coined/fanciful arbitrary suggestive (easier to market) descriptive Generic (usually denied protection) Personal name can be used Color cannot be used |
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Term
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Definition
| let others use, mark loses its exclusive nature and it becomes generic |
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| remedies for trademark infringement |
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Definition
1) Cease and desist letter
2) Injunction (Temp court order)
3) Enjoin (permanent court order) |
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Term
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Definition
| product total image (including packaging) |
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Definition
| people who take a trademark name and register a domain name of a trademark of a famous person or name |
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Term
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Definition
exclusive rights given by federal statute to the creator of a literary item, or an artist ability to reproduce and display the work for limited times
Literary- books
Music- composition
Dramatic- chreographed
Artistic- maps, paintings, photos |
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Term
| Needs to be copyright holder |
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Definition
1. has to be original
2. needs to be independantly created by the author
3. Minimal degree of creativity |
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Term
| Rights of the copyright holder |
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Definition
1. Reproduce work
2. Distribute copies
3. Prepare derivative works
4. Publicly performed
5. Publicly displayed work |
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Term
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Definition
1. teaching
2. criticism
3. research
4. news |
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Term
| Factors to consider when applying for a copyright |
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Definition
| 1. purpose of the character 2. nature of the work 3. how much do you use the work 4. what is the effect of the use of the copyrighted work on the market |
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Term
| Contributory Infringement |
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Definition
| they had the ability to stop the infringement, but did nothing to stop it |
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Term
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Definition
| they had the ability to stop violating a copyright, but did nothing to stop it |
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Term
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Definition
3 types-
Utility patent: proces machine, improvement of a device (20 yrs)
Design Patent: ornamental feature (14 yrs.)
Plant patent: 20 years after filing
Always on a first to file basis, and gives rights to sell, produce, or use |
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Term
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Definition
| example- coca-cola formula. Formula's, devices, confidential customer info. Something that your business uses to gain to gain a distinct advantages from your competitors |
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Definition
| selling something overseas for less than its net worth |
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Definition
| someone who buys a product and sells it to other people |
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Definition
| type of licensing that lets people use copyrights, trademarks,or patents for a specific situation |
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Term
| UCC/uniform commercial code |
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Definition
| federal law which covers the sale of goods |
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Term
| choice of law provision in contract |
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Definition
| the people in the contract get to pick which state, country, or even county laws are mediating the contract. |
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Term
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Definition
1.agreements
2.between competent parties
3. based on genuine assent of the parties
4. needs to be a lawful objective |
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Term
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Definition
happen both in the offer, and in the acceptance. The offer both had to have value, and the acceptance need to have value
example- a service for money |
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Term
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Definition
| something you cannot live without (doctrine of necessaries)Things the are necessary for your life, so if you receive them, you are liable to pay for them |
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Definition
| an actual written and signed contract or a contract that is discussed beforehand |
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Definition
| not actually written or spoken about beforehand |
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Definition
| both parties make a promise. (employer/employee) |
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Definition
| one party solely makes a promise to another (rewards) |
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Definition
| when someone has been overcompensated for something (shocks the conscience) |
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Definition
| misrepresenting what something can do (makes a contract voidable) |
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| 4 characteristics of TORT |
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Definition
1)duty of reasonable care
2)breach of duty
3)causing something
4)damages |
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Term
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Definition
| sets precendednt, on a case by base basis, interprets cases using the precedent set in prior cases. Sometimes expands existing laws |
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Definition
ourselves
stability of society
trade
real property (land, buildings)
personal property (intellectual,smaller possessions) |
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Term
| copyright infringement characteristics |
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Definition
1) similarity of product
2) strength of mark
3) likelihood to enter others market
4) quality of product
5) sophistication of customers
6) strength of mark
7) lack of good faith |
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Definition
| part of the constitution that allows you to expressly amend it, or you can amend it by practice |
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Definition
| the right to be heard, question witnesses, and present video evidence before any criminal conviction can occur |
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Term
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Definition
| Nozick's theory of ethics that we all have a set of rights that must be honored and protected by the government |
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