legal final exam

Distinguish fraudulent misrepresentation (aka, fraud) and negligence?

(intentional deceit for personal gain, any misrepresentation either by misstatement or by omission of a material fact, knowingly made to deceive another) negligence occurs when a statement is not true and is made without any reasonable belief in its truth. failure to fulfill a duty of care

Distinguish negotiation, mediation and arbitration as alternative dispute resolutions?

*Negotiation-parties come together, with or without attorneys to represent them, to try to reach a settlement without the involvement of a third party *Mediation- the parties themselves reach an agreement with the help of a neutral third party, called a mediator. the mediator may propose a solution but does not make a decision resolving the matter *Arbitration-the parties submit their dispute to a neutral third party, the arbitrator, who renders a decision. the decision may or may not be legally binding, depending on the circumstances

Distinguish cybersquatting and typosquatting.

*cybersquatting- when a party registers a domain name that is the same as or confusingly similar to the trademark of another and then offers to sell that domain name back to the trademark owner. *typosquatting- form of cybersquatting that relies on mistakes, such as typos, made by internet users when entering information into a web browser. (registering a name with a typo)

Distinguish duress and scienter.

*duress- use of threats to force a party to enter a contract. both a defense to the enforcement of a contract and a ground for the rescission of a contract *scienter- "guilty knowledge" knowledge on the part of the misrepresenting party that material facts have been falsely represented or omitted with an intent to deceive

Distinguish an express contract and an implied contract.

*express contract- a contract in which the terms of the agreement are stated in words oral or written *implied contract-a contract formed in whole or in part from the conduct of the parties

What are primary sources of law?

1. Constitutional Law- The U.S. Constitution and the constitutions of the various states. 2. Statutory law—including laws passed by Congress, state legislatures, or local governing bodies. 3. Administrative Law- Regulations created by administrative agencies, such as the Federal Trade Commission. 4. Case law and common law doctrines.

What is meant by fruit of the poisonous tree?

Evidence obtained in wrongful or illegal ways is tainted and that evidence can be excluded at trial.

What is the basis of all law in the United States?

U.S Constitution

What is precedent?

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

What is cloud computing?

a subscription based or pay per use service that extends a computer software or storage capabilities (the delivery to users of on demand services from third party servers over a network)

What is the effect of a contract rescission?

an action to undo or terminate a contract.

What is the concept of corporate social responsibility?

combines a commitment to good citizenship with a commitment to making ethical decisions, improving society, and minimizing enviornmental impact. the idea that corporations can and should act ethically and be accountable to society for their actions

What duties does the principal owe the agent?

compensation, reimbursement and indemnification, cooperation, safe working conditions

When used as a noun, fiduciary refers to a person who, having undertaken a certain enterprise on behalf of another person has a ______ for the other person's _______________ in all matters related to that enterprise.

duty, benefit

What are trade secrets and how do businesses generally try to protect them?

informations used in a business that gives the owner competitive advantage. protections by having employees who use the informations agree in their contracts or agreements to never divulge it.

To whom does due process apply?

legal persons such as corporations and individuals

Procedural due process requires that any government decision must be made fair to _____________________________________

life, liberty, or property

What is an effective business practice to avoid unethical practices by a foreign supplier?

monitor workplaces in foreign areas,

To be protected under the Copyright Act, a work must be _____________ and ___________ in a ____________ medium.

original, fixed, durable

What duties does the agent owe the principal?

performance, notification, loyalty, obedience, accounting

In order to hear a case, a court must have _________________ over the parties and ___________________ over the subject matter at issue.

personal jurisdiction and subject matter jurisdiction

What is double jeopardy and when does it apply?

the 5th amendment requirement that prohibits a person from being tried twice for the same criminal offense

A key provision of ERISA concerns __________________, which gives an employee a legal right to receive pension benefits at some future date when the employee stops working.

vesting

The purpose of state workers' compensation laws is to establish an administrative process for compensating workers for _________

work related injuries