Legal Environments of Business Exam 2

Criminal Corporate Liability

Businesses can be held liable for criminal acts of employees if employees were acting in the scope of authority and the company benefits

Hacking

Unauthorized access of another's computer

Patent Infringement

Unauthorized use of a patented invention

Battery

Unconsented intentional harmful or offensive touching. Requires Intentional harmful or offensive contact that a reasonable person would find offensive without permission

Defamation by implication

True statements used maliciously to harm reputation

Arson

Burning another's property (dwelling)

Property Crimes

Crimes involving theft or damage to property

Defamation per se

Defamation that harms reputation without further proof. Incompetent and immoral in business, diseased, promiscuous, criminal

Vicarious Infringement

Defendant benefits from infringement and has control over infringers conduct (file sharing website looks the other way

Public Nuisance

Defendant's use of property interferes with a group of landowners

Private Nuisance

Defendant's use of property interferes with plaintiff's use

Model Penal Code

Defines different levels of intent in criminal law. Purpose: intentional, Knowledge: knew it was possible, Recklessness: careless, Negligence: unaware

Intentional Tort

Deliberate act that causes harm or injury

Goals of Criminal Law

Deterrence, Retribution, Rehabilitation, Incapacitation

Injury

Harm or damage caused by a tort

Mistake of Fact

Honest mistake about the facts (backpack)

Theft of Trade Secrets

Intentionally taking trade secrets to harm the owner

Trespass to Personal Property

Interfering with another's use of personal property

Patent Infringement Defenses

Invalidity, Non-infringement, Laches, First Sale Doctrine

Useful

Invention has a practical purpose

Software Copyrights

Patents may apply to process of software, while copyrights apply to source code, menu design,

Tortfeaser

Person who commits a tort

Impartial Jury

Right to a jury that is unbiased

Speedy/Public Trial

Right to a timely and public trial

Confront Witness

Right to confront and cross-examine witnesses

Informed of Charges

Right to know the charges against oneself

Attorney

Right to legal representation

Production of a Favorable Witness

Right to present witnesses in one's defense

Self Incrimination

Right to remain silent and not testify against oneself

White v. Samsung

Robot Vana White used in commercial without her permission

Justification

Act condoned or approved by society, prevent greater harm (speeding to the hospital)

Causation in fact

Act or omission that directly caused the harm

DMCA (Digital Millennium Copyright Act)

Act that applies copyright laws to the internet

Assault

Actions intended to make another person fear reasonable immediate harm. Requires fear of imminent harm that a reasonable person would fear without permission

Criminal Liability

Actus Reus (criminal act) and Mens Rea (guilty mind)

State v Casey's

A court case where an employee sold alcohol to a minor. State wanted to hold company liable but supreme court held that employee didn't act with authority

Phishing

Accessing personal information through electronic deception

Rescue Doctrine

Accidental injuries during rescue

International Law

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

Contributory Infringement

Aids in infringement with knowledge (napster)

Criminal Process

Arrest, Initial Appearance, Indictment, Arraignment, Sentencing

Negligence Defenses

Assumption of Risk, Intervening Cause, Contributory Negligence, Comparative Negligence

Involuntary Intoxication

Being intoxicated without intent, can negate mens rea

Negligence

Breach of duty of care that causes harm or injury

Burglary

Breaking and entering with intent to commit a felony

Necessity

Breaking the law to prevent greater harm (stealing because someone said they would kill your family if not)

Double Jeopardy

Cannot be tried twice for the same crime

Liebeck v McDonalds

Case involving hot coffee and product liability

Association for Molecular Biology Case

Case involving patentability of naturally occurring genes. Court rules that synthetic genes can be patented only if they are significantly different from the natural ones

Palsgraf Case

Case involving proximate cause and reasonable foreseeability

America Invents Act

Changed US patent system to first to file from first to invent

Conversion

Civil version of theft

Torts

Civil wrongs that cause harm or injury

Indemnify

Compensation for legal losses distributors suffer due to producer mistakes

Money Laundering

Concealing the origins of illegally obtained money

Trade Secrets

Confidential business information

Responsible Corporate Officer Doctrine

Corporate officers may be liable for crimes of employees

Violent Crimes

Crimes involving physical harm or force

5th Amendment Constitutional Safeguards

Double Jeopardy, Self Incrimination, Due Process

Reasonable Care

Duty to act with care based on a reasonable standard

Actual Authority

Employee acted with direct knowledge and permission of the corporation

Trespass

Entering someone's property without permission

Exclusionary Rule

Evidence obtained through constitutional violations is inadmissible

8th Amendment Safeguards

Excessive Bail, Excessive Fines, Cruel and Unusual Punishments

Copyright

Exclusive right to exploit creative works like books, songs, movies, art, and software

Prior Art

Existing information that proves lack of novelty

Res Ipsa Loquitor

Facts speak for themselves, defendant's control over the situation

Due Process

Fair treatment and protection of rights

Defamation

False statements that harm a person's reputation. Requires a false statement that were published to a third party which harmed plaintiff reputation.

Credit Card Fraud

Fraudulent use of credit card information

Mistake of the Law

Generally not a defense (wife puncher)

US v Park

Grocery chain executive held liable for stores selling tainted food

Foreign Corrupt Policies Act

Illegal to bribe foreign officials for business advantage

Professionals

Individuals with specialized skills held to a higher duty of care

False Imprisonment

Intentional confinement or restraint without justification. Plaintiff cannot have a safe escape.

Wrongful Interference with Contractual Relationships

Intentionally causing a breach of contract

Criminal Mischief

Intentionally causing damage to another's property

Wrongful Interference with a Prospective Business Advantage

Intentionally interfering with potential business relationships

Criminal Trespass

Knowingly interfering with another's property rights

Common Law

Laws developed by courts through judicial decisions

Statutory Law

Laws passed by legislative bodies

Castle Doctrine

Laws which allow lethal force in own home

Stand your ground

Laws which allow lethal force in self defense

Duty of Care

Legal obligation to act with reasonable care

Patents

Legal rights to exclude others from using an invention

Trademarks

Legal rights to protect brands and logos

Copyrights

Legal rights to protect original works of authorship

Misdemeanor

Lesser crime punishable by a fine or less than a year imprisonment

Standard of proof

Level of certainty required to prove a case

Dram Shop Acts

Liability for selling alcohol to a drunk person who causes harm

Strict Liability

Liability without fault for dangerous activities or products (dynamite)

Copyright life span

Life of the author + 70 years OR for work for pay 120 years from creation or 95 years from publishing (whichever is shorter)

Obtaining Goods by False Pretenses

Lying to get property transferred

Forgery

Making or altering writing with intent to defraud

Strict Product Liability

Manufacturers and distributors are strictly liable for product defects

Punitive Damages

Meant to punish the defendant

Insanity

Mental state that does not negate, justify, or excuse, instead sends defendant to mental health facility rather than prison

Petty Offense

Minor offense like a traffic violation

Fraud (civil)

Misrepresentation with intent to deceive and cause harm. Requires defendant known misrepresentation intended to influence the plaintiff which the plaintiff reasonably relied on and was harmed because of.

Unpatentable Things

Natural Phenomenon, Laws of Nature, Abstract ideas

Criminal Defense

Negate actus reus or mens rea, Justification, Excuse

Unintentional Tort

Negligent act that causes harm or injury

Continuation in Part Application

New subject matter and date

Patent Obviousness

No combination of prior art teachings that would be obvious

International Patent Protection

No international patent, PCT application as a placeholder

Patent Novelty

No prior art teaching discloses every element of the invention

Patent Requirements

Novelty, Usefulness, Non-obviousness, Statutory subject matter

Blackmail

Obtaining assets by threat

Bribery

Offering something of value to an official

Entrapment

Official induces someone to commit a crime they wouldn't have otherwise

First Sale Doctrine

Once sold, buyer can use patented invention as they like

Vicarious Liability

One person is liable for the conduct of another

Slander

Oral defamation

Special Damages

Out-of-pocket costs

Intentional Infliction of Emotional Distress

Outrageous and intentional behavior causing emotional pain, usually need to prove additional physical pain

General Damages

Pain and suffering

Design Patent

Patent over ornamental features of products (14 years)

Plant Patent

Patent over strains of asexually reproducing plants (20 years)

Utility Patent

Patent over the way something works or how parts interact (20 years)

Contributory Negligence

Plaintiff contributed to the tort, and receives no damages

Comparative Negligence

Plaintiff contributed to the tort, will receive reduced damages

Assumption of Risk

Plaintiff knew the risks and entered the situation anyway (part of the game)

copyright infringement

Plaintiff must show ownership of copyright and unauthorized copying. For willful infringement and enhanced damages plaintiff must show knowledge or reckless disregard by defendant. Generally seek injunctions and monetary awards

Arraignment

Plea guilty, not guilty, or nolo contendre

4th Amendment Safeguards

Probable cause

Intellectual Property

Products of a person's creativity

Good Samaritan

Protection for those providing emergency aid (CPR ribs)

Invasion of Privacy

Publishing private information that would be reasonably embarrassing, invading private home or papers, or using likeness without permission

RICO

Racketeer Influenced and Corrupt Organizations Act

Probable Cause

Reasonable grounds for arrest or search

Apparent Authority

Reasonable person would believe the employee was authorized

Receiving Stolen Goods

Receiving property known to be stolen

Continuation Application

Same subject matter and date

Insider Trading

Selling securities based on inside information

Felony

Serious crime punishable by death or imprisonment over a year

Nominal Damages

Small amount to establish liability

Fiduciary

Someone obligated to act in the best interest of another

Intervening Cause

Something breaks the chain of causation (rock falls of truck)

Attractive Nuisance

Something that may attract trespassers and cause harm

6th Amendment Safeguards

Speedy Trial, Impartial Jury, Informed of Charges, Confront Witness, Production of Favorable Witness, Attorney

Preponderance of the evidence

Standard of proof in civil cases, more likely than not

Beyond a reasonable doubt

Standard of proof in criminal cases, no other logical explanation

Liquidated Damages

Statutory required damages

Larceny

Stealing tangible property with intent to deprive the owner

Proximate Cause

Strong enough connection to hold the defendant liable

Robbery

Taking property by force with intent

Theft

Taking someone's property without permission

Provisional Patent Application

Temporary patent application to secure priority for 1 year

Scienter

The intent to decieve

Embezzlement

Theft by a fiduciary of property entrusted to them

USPTO

United States Patent and Trademark Office

Nuisance

Unreasonable interference with the use of property

Slander of Property

Untrue statement that reduces property value

Slander of Title

Untrue statements that cause others to doubt ownership

Self Defense

Using force to defend oneself within reason

Appropriation

Using name or likeness without consent for commercial purposes

Extortion

Using public office to obtain assets

Identity Theft

Using someone's personal information without permission

Fraud (criminal)

Various types of fraudulent activities (mail, wire, bankruptcy, perjury

Negligence Per Se

Violation of a law that leads to harm or injury

Libel

Written defamation

absolute privilege

a witness testifying in a court or legislature may never be sued for defamation

Defenses to Assault and Battery

consent, self-defense, defense of others, defense of property (reasonable)

idea-expression dichotomy

if an idea cannot be separated from its expression then no copyright protection

Fair Use

the conditions under which you can use material that is copyrighted by someone else without paying royalties. Considers nature of use, nature of the work, amount used, economic use

conditional privilege

the right to make a false statement about a public figure which is intentionally untrue but not malcious