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What is Ethics vs. Law?

At the most basic level, the study of ethics is the study of what constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral prin- ciples are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action.

What is the Dram Shop Act?

under which a bar's owner or a bartender may be held liable for injuries caused by a person who became intoxicated while drinking at the bar. The owner or bartender may also be held responsible for continuing to serve a person who was already intoxicated.

What is the commerce clause and what does it regulate?

The commerce clause provides the basis for the national government's extensive regulation of state and even local affairs. the Constitution expressly delegated to the national government the power to regulate interstate commerce.

What constitutes trademark infringement?

Whenever that trademark is copied to a substantial degree or used in its entirety by another, intentionally or unintention- ally, the trademark has been infringed. To succeed in a trademark infringement action, the owner must show that the defendant's use of the mark created a likelihood of confusion about the origin of the defen- dant's goods or services.

What are the defenses in a product liability lawsuit?

-preemption -product misuse -assumption of risk -commonly known dangers -knowledgable user -Statute of limitations & repose -comparative negligence

What are defenses to Defamation?

1. Truth 2. Statement was Privileged (Absolute and Qualified) 3. Public figures (statement must be made with actual malice)

What is confiscation?

When a government seizes private property for an illegal purpose and without just compensation

What is precedent and stare decisis?

Each interpretation became part of the law on the sub- ject and thus served as a legal precedent. The practice of deciding new cases with reference to for- mer decisions, or precedents, became a cornerstone of the English and American judicial systems. The practice formed a doctrine known as stare decisis,

What is expropriation?

Expropriation occurs when a government seizes a privately owned business or privately owned goods for a proper public purpose and awards just compensation.

What is the 50% rule in torts lawsuits? How does it apply?

Many states' comparative negligence statutes, how- ever, contain a "50 percent" rule that prevents the plain- tiff from recovering any damages if she or he was more than 50 percent at fault.

What will the courts consider when determining alternative designs when evaluating a design defect?

1. A reasonable alternative design was available. 2. As a result of the defendant's failure to adopt the alternative design, the product was not reasonably safe. In other words, a manufacturer or other defendant is liable only when the harm was reasonably preventable. According to the Restatement, a court can consider a broad range of factors in decid- ing claims of design defects. ese include the magnitude and probability of the foreseeable risks, as well as the rela- tive advantages and disadvantages of the product as it was designed and as it could have been designed.

What is a trade secret, trade name, and service mark?

A service mark is essentially a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another. A trade secret is basi- cally information of commercial value, such as customer lists, plans, and research and development. Trade secrets may also include pricing information, marketing meth- ods, production techniques, and generally anything that makes an individual company unique and that would have value to a competitor. A trade name indicates part or all of a business's name, whether the business is a sole proprietorship, a partnership, or a corporation. Generally, a trade name is directly related to a business and its goodwill.

What is trespass to land?

A trespass to land occurs when a person, without per- mission, does any of the following: 1. Enters onto, above, or below the surface of land that is owned by another. 2. Causes anything to enter onto land owned by another. 3. Remains on land owned by another or permits any- thing to remain on it. No hard needs to be done

What is conversion, fraudulent misrepresentation, wrongful interference with business relationships? (3)

Any act that deprives an owner of personal property or of the use of that property without the owner's permis- sion and without just cause can constitute conversion. Fradulent Misrepresentation: A misrepresentation leads another to believe in a con- dition that is different from the condition that actually exists. (involves intentional deceit for personal gain) Wrongful Interference: prohibited from unreasonably interfering with another's business in their attempts to gain a greater share of the market.

What is battery?

Any unexcused and intentional act that causes another person to be apprehensive of immediate harm is an assault. An assault resulting in physical contact is a battery.

What are the defenses to negligence?

Assumption of risk, contributory negligence, comparative negligence, superseding cause

What are cookies?

Cookies are invisible files that computers create to track a user's Web browsing activities. Cookies provide detailed informa- tion to marketers about an individual's online behavior and preferences, which is then used to personalize online services.

What is typo squatting? What is cybersquatting?

Cybersquatting occurs when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the trademark owner. Typosquatting is registering a name that is a misspelling of a popular brand, such as googl.com or appple.com. Because many Internet users are not perfect typists, Web pages using these misspelled names receive a lot of traffic. More traffic generally means increased profit (advertisers often pay websites based on the number of unique visits, or hits).

What is defamation- slander and libel (2)

Defamation of character involves wrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements of fact about others. Libel - Breaching this duty in writing or other permanent form (such as a digital recording) Slander - Breaching this duty orally

What are the tests for online jurisdiction in a lawsuit?

The "Sliding-Scale" Standard. e courts have developed a "sliding-scale" standard to determine when they can exercise personal jurisdiction over an out-of-state defendant based on the defendant's Web activities. e sliding-scale standard identi es three types of Internet business contacts and outlines the following rules for jurisdiction: When the defendant conducts substantial business over the Internet (such as contracts and sales), juris- diction is proper. When there is some interactivity through a website, jurisdiction may be proper, depending on the circum- stances. It is up to the courts to decide how much online interactivity is enough to satisfy the minimum- contacts requirement. 3.When a defendant merely engages in passive advertis- ing on the Web, jurisdiction is never proper.

What is the Fraud reduction and data analytics act?

The Fraud Reduction and Data Analytics Act was passed by Congress in 2016 to identify and assess fraud risks in federal government agencies. The purpose of the law is to prevent, detect, and respond to fraud (including improper payments) in federal programs.

What rights do companies have to retrieve resources from space?

The Outer Space Treaty indirectly suggests that commercial space companies don't own the rights to any resources they find in outer space. The treaty states that no "celestial body" is subject to "national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.

What is a peer to peer networking cloud computing and a distributed network?

The concept is simple. Rather than going through a central Web server, P2P networking uses numerous computers that are con- nected to one another, often via the Internet. Individuals on the same network can access files stored on one another's computers through a distributed network. A newer method of sharing files via the Internet is cloud computing, which is essentially a subscription- based or pay-per-use service that extends a computer's software or storage capabilities.

What is the Berne convention and who does it apply to?

Under the Berne Convention, if a U.S. citizen writes a book, every country that has signed the convention must recognize the U.S. author's copyright in the book. Also, if a citizen of a country that has not signed the convention first publishes a book in one of the 176 countries that have signed, all other countries that have signed the convention must recognize that author's copyright. Copyright notice is not needed to gain protection under the Berne Conven- tion for works published after March 1, 1989.

What are Good Samaritan Statutes?

Under these statutes, someone who is aided voluntarily by another cannot turn around and sue the "Good Samaritan" for negligence.

What is comparative fault?

Under this standard, both the plaintiff's and the defendant's negligence are computed, and the liability for damages is distributed accordingly

What is preemption?

When Congress chooses to act exclusively in a concurrent area, preemption occurs. In this circum- stance, a valid federal statute or regulation will take prece- dence over a conflicting state or local law or regulation on the same general subject.

What happens if an injury results due to a misrepresentation of a product?

When a user or consumer is injured as a result of a man- ufacturer's or seller's fraudulent misrepresentation, the basis of liability may be the tort of fraud. In this situation, the misrepresentation must have been made knowingly or with reckless disregard for the facts. The intentional mislabeling of packaged cosmetics, for instance, or the intentional concealment of a product's defects constitute fraudulent misrepresentation. In addition, the misrepresentation must be of a mate- rial fact, and the seller must have intended to induce the buyer's reliance on the misrepresentation. Misrepresenta- tion on a label or advertisement is enough to show an intent to induce the reliance of anyone who may use the product. Finally, the buyer must have relied on the misrepresentation.

What is market share liability?

a court can hold each manufac- turer responsible for a percentage of the plaintiff's dam- ages that is equal to the percentage of its market share.

What is Mediation?

a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution. The mediator, who need not be a lawyer, usu- ally charges a fee for his or her services

What is contributory negligence?

a plaintiff who was also negligent (who failed to exercise a reasonable degree of care) could not recover anything from the defendant.

What is negotiation?

a process in which the parties attempt to settle their dispute informally, with or without attorneys to represent them.

What are primary sources of law?

Sources that establish the law: The U.S. Constitution and the constitutions of the various states. Statutory law—including laws passed by Congress, state legislatures, or local governing bodies. Regulations created by administrative agencies, such as the Federal Trade Commission. Case law and common law doctrines.

What is sovereign immunity and the act of state doctrine?

Sovereign Immunity exempts foreign nations from the jurisdiction of the U.S. courts. Act of State Doctrine: It provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within that government's own territory.

What is criminal law?

is concerned with wrongs committed against the public as a whole. Criminal acts are defined and prohibited by local, state, or federal govern- ment statutes. Criminal defendants are thus prosecuted by public officials, such as a district attorney

What is statutory law?

laws enacted by legislative bodies at any level of government, such as statutes passed by Congress or by state legislatures, make up the body of law

What is Standing to sue?

or a sufficient stake in a matter to jus- tify seeking relief through the court system. Standing means that the party that filed the action in court has a legally pro- tected interest at stake in the litigation. At times, a person can have standing to sue on behalf of another person, such as a minor (child) or a mentally incompetent person.

What is the Outer Space treaty?

outer space is declared to be free for the exploration and use of all nations. The moon, the planets, asteroids, and other celestial bodies are not subject to the appropriation of any single nation.13 In addition, space objects are to be used exclusively for peaceful purposes. No weapons of mass destruction are permitted in outer space under Article IV.14

What is the Electronic Communications Privacy Act?

prohibits the interception of information communicated by electronic means.

What is the Supremacy clause?

provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." When there is a direct conflict between a federal law and a state law, the state law is rendered invalid.

What is Jurisdiction? (2)

refers to a geographic area in which a court or courts have the power to apply the law. Once a court has set forth a principle of law as being applicable to a certain set of facts, that court must apply the principle in future cases involving similar facts. Courts of lower rank (within the same jurisdiction) must do likewise. Thus, stare decisis has two aspects: 1. A court should not overturn its own precedents unless there is a compelling reason to do so. 2. Decisions made by a higher court are binding on lower courts.

What are the Bill of a rights?

were adopted in 1791 and embody a series of protections for the individual against various types of interference by the federal government.

What are secondary sources?

are books and articles that summarize and clarify the primary sources of law.

Why is the Federal Court's jurisdiction limited?

Because the federal government is a government of limited powers, the jurisdiction of the federal courts is limited. Federal courts have subject-matter jurisdiction in two situations: when a federal question is involved and when there is diversity of citizenship.

What is Fraud v. Puffery?

Fraud exists only when a person represents as a fact something he or she knows is untrue. Puffery = seller's talk (such as "I am the best accountant in town") is not, because the use of the word best is subjective.

What is the DMCA?

gave significant protection to owners of copyrights in digital information. Among other things, the act established civil and criminal penalties for anyone who circumvents (bypasses) encryption software or other technological antipiracy protection. Also prohibited are the manufac- ture, import, sale, and distribution of devices or services for circumvention.

What is symbolic speech and is it protected under the Fourth Amendment?

gestures, movements, articles of clothing, and other forms of expressive conduct—is also given substantial protection by the courts. 4th amendment is searches and seizures

What is arbitration?

in which an arbitrator (a neutral third party or a panel of experts) hears a dispute and imposes a resolution on the parties. 3rd part makes decision

What is civil law?

spells out the rights and duties that exist between persons and between persons and their govern- ments, as well as the relief available when a person's rights are violated. Typically, in a civil case, a private party sues another private party who has failed to comply with a duty.

What is litigation?

the process of resolving a dispute through the court system—is expensive and time consuming. Litigating even the simplest complaint is costly, and because of the backlog of cases pending in many courts, several years may pass before a case is actually tried.