Module 2 Business Law
voir dire
"to speak the truth" the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.
Standing to sue
A requirement that a party must have a legally protected interest at stake sufficient to justify seeking relief through the court system. The controversy at issue must also be a justiciable controversy—one that is real and substantial, as opposed to hypothetical or academic.
Supreme Court
Appeal from the state supreme court to the United States Supreme Court is possible only if the case involves a federal question. As the highest court in the federal court system, the United States Supreme Court is the final arbiter of the U.S. Constitution and federal law.
Appellate Courts
Courts of appeals, or reviewing courts, which generally do not have original jurisdiction.
Trial Courts
Courts of original jurisdiction, in which legal actions are initiated. (state-domestic issues and federal-federal claims, bankruptcy, tax court)
"Fair use" cannot be asserted as a defense to a charge of copyright infringement in a dispute concerning digital sampling. True or false?
False
A state's prosecution of a crime prevents a separate federal prosecution relating to the same activity. True or false?
False
Certain business processes are copyrightable. True or false?
False
In a criminal case, typically only three-fourths of the jurors need to agree in order to convict the defendant. True or false?
False
In a product liability suit based on a design defect, a manufacturer is liable only when the harm was not reasonably preventable. True or false?
False
In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort. True or false?
False
One of the purposes of criminal law is to compensate the victims.
False
Online conduct gives rise to only a narrow variety of legal actions. True or False?
False
The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products. True or false?
False
The registration of a copyright is not evidence that the copyright is valid. True or false?
False
To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory. True or false?
False
Under the Madrid Protocol, the fees and procedures for trademark registration vary significantly among individual countries. True or false?
False
Warrants are required for searches of businesses in highly regulated industries. True or false?
False
Federal Court System
In the federal court system, the district courts are trial courts. US district courts US courts of appeals US Supreme Court
What are the basic judicial requirements?
Jurisdiction, venue, & standing to sue *more specifically* Jurisdiction over persons or property, jurisdiction over subject matter, original and appellate jurisdiction, jurisdiction of the federal courts, and exclusive versus concurrent jurisdiction
Ed works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Ed steals his employer's digital files to start his own competing business, Good Homes LLC. This is what?
Larceny
How do you follow a state court case?
Pleadings, Pretrial motions, discovery, pretrial conference, jury selection, at the trial, post trial motions, the appeal, and finally enforcing the judgement.
Jurisdiction
The authority of a court to hear and decide a specific case.
Negotiation
The parties come together, with or without attorneys to represent them, to try to reach a settlement without the involvement of a third party.
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.
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.
writ of certiorari
The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.
Alternative Dispute Resolution
The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.
State court system
This court system will include several levels/tiers of courts. They include: Trial courts of limited jurisdiction Trial courts of general jurisdiction Appellate courts State supreme court
A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer. True or false?
True
A descriptive term is protected under trademark law if it acquires a secondary meaning. True or false?
True
A license may limit the use of a software application to a specific device. True or false?
True
A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior. True or False?
True
Arbitrary and fanciful trademarks are sometimes considered to be the most distinctive trademarks. True or false?
True
Crimes are offenses against society as a whole. True or false?
True
Digital sampling can constitute copyright infringement. True or false?
True
Downloading music into a computer's random access memory, or RAM, without authorization is copyright infringement. True or False?
True
In a criminal case, the state must prove its case beyond a reasonable doubt. True or false?
True
In entering personal information to a banking site online, a person may have a reasonable expectation of privacy. True or false?
True
Some business processes can be protected as trade secrets. True or false?
True
The Fourth Amendment protects only against searches that violate a person's reasonable expectation of privacy. True or false?
True
When an award of punitive damages is grossly excessive, it furthers no legitimate purpose and violates due process requirements. True or false?
True
Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is
a felony
Appeal
apply to a higher court for a reversal of the decision of a lower court.
Courts Online
each court decides what to make available at its site. Some courts display only the names of court personnel and office phone numbers. Others add court rules and forms. Many appellate court sites include judicial decisions, although the decisions may remain online for only a limited time. In addition, in some states, including California and Florida, court clerks offer information about the court's docket (its schedule of cases to be heard) and other searchable databases online. Appellate court decisions are often posted online immediately after they are rendered. Recent decisions of the U.S. courts of appeals, for instance, are available online at their websites. The United States Supreme Court also has an official website and publishes its opinions there immediately after they are announced to the public. In fact, even decisions that are designated as "unpublished" opinions by the appellate courts are usually published (posted) online.
Volatile Investments Inc. sends e-mail ads to any e-mail address that the sender can find on the Web or otherwise generate. Under federal law, Volatile's marketing method
is prohibited
Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. The state in which the company is physically located has enacted an antispam law. Under federal law
the application of the state's law to Sound's ads is preempted.
What is the role of the judiciary?
to interpret and apply the law. Through the process of judicial review—determining the constitutionality of laws
