business law exam 2

due process clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Alien Tort Statute

A U.S. federal law first adopted in 1789 that gives the federal courts jurisdiction to hear lawsuits filed by non-U.S. citizens for torts committed in violation of international law

Federal Aviation Administration (FAA)

A U.S. government agency that sets standards for aircraft and people working in the aviation field and monitors the performance of air carriers

choice of law clause

A clause in a contract designating the law (such as the law of a particular state or nation) that will govern the contract.

Internet Service Provider (ISP)

A company that connects computers to the internet for a fee. Abbreviated to ISP.

distribution agreement

A contract setting out the terms and conditions of the distributorship, such as price, currency of payment, guarantee of supply availability, and method of payment.

Act of State Doctrine

A doctrine that provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory.

indictment

A formal charge by a grand jury to a criminal

exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

felonies

A serious criminal offense punishable by a prison sentence of more than one year

Common Law System

A system of law based on tradition, precedent, and custom. When law courts interpret common law, they do so with regard to these characteristics.

sherman act

Any conspiracy that has a substantial effect on U.S. commerce the United States can take litigation.

strict liability crimes

Certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act.

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

Computer Fraud and Abuse Act

Federal law criminalizing fraud and related activity in connection with computers.

Expropriation

Forced transfer of assets from a company to the government with compensation

European Union

International organization comprised of Western European countries to promote free trade among members.

national law

Law that pertains to a particular nation (as opposed to international law).

white collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

Federal CAN-SPAM Act

Permits the sending of unsolicited commercial e-mail, but prohibits certain types of spamming activities

4th Amendment

Protection against Unreasonable Search and Seizure; no warrant should be issued without probable cause

dumping

Selling goods in another country below market prices

Incentives and subsidies

The United States (and other nations) also uses incentives and subsidies to stimulate other exports and thereby aid domestic businesses.

Cybersquatting

The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.

space law

The body of law that applies to outer space and governs space-related activities

Entrapment

The defense that the individual was induced by the police to commit the criminal act.

property crime

The goal of the offender in these crimes is economic gain or property damage

self defense

The legally recognized privilege to do what is reasonably necessary to protect oneself, one's property, or someone else against injury by another.

Stored Communications Act

The section of the ECPA that prohibits the unlawful access to stored communications, such as email

preponderance of the evidence

The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

beyond a reasonable doubt

The standard that must be met by the prosecution's evidence in a criminal case: that there is no other logical explanation, based on the facts, except that the defendant committed the crime

Typosquatting

The unethical practice of registering domain names very similar to those of high-volume sites in hopes of receiving traffic from users seeking the high-volume site who mistakenly enter an incorrect URL in their browsers.

organized crime

The work of a group that regulates relations among criminal enterprises involved in illegal activities, including prostitution, gambling, and the smuggling and sale of illegal drugs.

normal trade relations status

Trade status granted as part of an international trade policy that gives a nation the same favorable trade concessions and tariffs that the best trading partners receive.

joint ventures

U.S. company owns only part of the operation. The rest is owned either by local owners in the foreign country or by another foreign entity.

Foreign Corrupt Practices Act

U.S. law regulating behavior regarding the conduct of international business in the taking of bribes and other unethical actions.

international law

a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.

forum-selection clause

a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract

Responsible Corporate Officer Doctrine

a court can impose criminal liability on a corporate officer who participated in, directed, or knew about a given criminal violation.

Criminal Conspiracy

a crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime

misdemeanors

a criminal offense, less serious than a felony, punishable by a jail sentence of one year or less

comity

a discretionary doctrine that holds that the courts of one country should refrain from deciding cases involving the acts of persons from another country

treaty

a formally concluded and ratified agreement between countries.

wholly owned subsidiary

a fully operational, independent entity that a firm sets up in a foreign country to conduct business in that market

confiscation

a government's taking of a privately owned business or personal property without a proper public purpose or an award of just compensation

insanity

a legal term describing one's inability to be responsible for one's action due to the condition of the mind

World Trade Organization (WTO)

a permanent global institution to promote international trade and to settle international trade disputes

mens rea

a person has an intent or desire to do the crime.Ex: stealing you have the awareness that someone owns it and you have the desire to take it from them.

trademark

a symbol, word, or words legally registered or established by use as representing a company or product.

Liability Convention

agreement provides that a launching state is absolutely liable for personal injury and property damage caused by its space objects on the surface of the earth or to aircraft in flight.

registration convention

agreement provides that a launching state is absolutely liable for personal injury and property damage caused by its space objects on the surface of the earth or to aircraft in flight.

Trademark Dilution Act

allowed trademark owners to bring suits in federal court for trademark dilution

Anticybersquatting Consumer Protection Act

amends the lanham act that protects trademarks, if someone sues they can receive between 1k and 100k in damages.

New York Convention

an international agreement governing the use of arbitration as a method of resolving private international disputes(check requirements chapter 11)

civil law system

an ordered grouping of legal principles enacted into a law by a legislature or other governing body. Primary source of law is statutory code. Judicial precedents non-binding, judges in this case directly question the witnesses.

international trade commision

assesses the effects of dumping on domestic businesses and then makes recommendations to the president concerning temporary import restrictions

public order crime

behavior that is outlawed because it threatens the general well-being of society and challenges its accepted moral principles

Digital Millennium Copyright Act

civil and criminal penalties for anyone who gets through digital encryption and/or shares the info, act doesn't restrict fair use.

article 1 section 9

congress can't impose any export taxes

violent crimes

crimes against people such as robbery

Actus Reus

criminal act

international trade administration

decides whether imports were sold at less than fair value

Criminal Negligence

defendant takes unjustified,substantial, and foreseeable risk resulting in harm.

civil law

duties that exist between persons or between persons and their governments whereas criminal law deals with crime.

Article VII

each nation is liable for any damage caused by its objects.

Article VI

each nation is responsible for their activities in space.

article VIII

each nation retains jurisdiction and control over its space objects and the personnel on them.

International Organization

established by a treaty and is an organization composed of officials of member nations.

bilateral agreement

formed by two or more countries to monitor exchanges between the two

6th Amendment

guarantees of speedy trial, trial by jury, or public trial; the right to confront witnesses and right to lawyer at various stages in certain proceedings.

Convention on Contracts for the International Sale of Goods (CISG)

helps settle disputes between parties to sales contracts.

lanham act

incorporates common law of trademarks and provides remedies for owners of trademarks who wish to enforce claims in federal court.

Guilty act requirement

is in order for someone to commit a crime it has to cause some harm to a person or property.

Section 1605 of the FSIA

major exceptions to jurisdictional immunity of a foreign state (knows these exceptions chapter 11)

Racketeer Influenced and Corrupt Organizations Act (RICO)

makes it a crime to use income obtained from racketeering activity to purchase any interest in an enterprise

Trading with the Enemy Act

no goods may be imported from nations that have been designated enemies of the United States

Article IV

no weapons of mass destruction are allowed in space.

indirect exporting

practice by which a company sells its products to intermediaries(middleman) who then resell to buyers in a target market

Article 2 Section 2

president has power to make treaties with advice and consent from senate and two thirds of senate agrees

Electronic Communications Privacy Act

prohibits employers from intercepting an employee's personal electronic communications unless they are made on devices and systems furnished by the employer.

8th Amendment

prohibits excessive bail and fines against cruel and unusual punishment.

safe web act

provides a "safe harbor" for Internet service providers (ISPs)—that is, organizations that provide access to the Internet.

Communications Decency Act

says no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Third party says something outta pocket on social media then it's not the social media websites fault.

Moral Penal Code

says this(necessity) defense is justifiable if harm is to be avoided by a given action greater than that sought to be prevented by the law defining the offense charged.

franchising

selling to a foreign organization the rights to use a brand name and operating know-how in return for a lump-sum payment and a share of the profits

export

send (goods or services) to another country for sale.

Islamic Legal System

sharia legal code is based on religious principles that govern a Muslim's way of life

malware

software designed to infiltrate or damage a computer system without the user's informed consent

article IX

space exploration can be conducted to avoid harmful contamination

export administration act

the flow of technologically advanced products and technical data can be restricted

prohibitions

the forbidding of something; a law or other order that places something off limits

phishing

the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers.

sovereign immunity

the principle that a sovereign government cannot be taken to court unless it agrees to be sued

miranda rule

the rule that police (when interrogating you after an arrest) are obliged to warn you that anything you say may be used as evidence and to read you your constitutional rights (the right to a lawyer and the right to remain silent until advised by a lawyer)

embezzlement

unlawful taking of property by someone to whom it was entrusted

Trademark Dilution

using someone's trademark in such a way so as to reduce the value of the trademark's significance, reputation, and goodwill, even if the public is not confused by the use

direct exporting

when a firm sells its domestically produced products in a foreign country without intermediaries(middleman)

duress

when wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed.

fraud

wrongful or criminal deception intended to result in financial or personal gain

Defamation

wrongfully hurting someone's reputation by communicating false statements about that person to others.