BUSINESS FOR LAW CHAPTER 3 QUESTIONS: TORTS & CRIMES

*8.) What are the 3 elements of criminal copyright infringement?*

*1.) There has been copyright infringement* *2.) The infringement was willful* *3.)The infringement was done for business advantage or financial gain.*

*1.) a. What must an injured party show in order for an intentional tort?* * b. What must be shown for a negligence tort?*

*A.)What must an injured party show in order for an intentional tort?* *1.)An act by the defendant* *2.)An intention to cause the consequences of the act.* *3.)CAUSATION-the injury was caused by the defendant's act or something set in motion by the act.* *B.)What must be shown for a negligence tort?* *1.) A duty of the tortfeasor to the injured party.* *2.)Breach of that duty.* *3.)That the breach was the actual and a proximate cause of the injury.* *4.)Injury or damage.*

*6.) What rights do parents have under the CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)?*

-*Businesses must also obtain parental consent prior to collecting and using personal information from children, and the law gives parents the right to review and prevent the retention of the information.*

*9.) To whom does the FCPA apply?*

-*It prohibits corrupt payments (bribes) to foreign officials, politicians, and political parties in order to get or keep business and mandates record-keeping requirements by companies.* -*The anti-bribery sections apply to any U.S. person (including business) who bribes foreign official and also to foreign businesses and persons who act in the United States in furtherance of such a bribe.*

*4.) What marks are entitled to trademark protection?*

-*Only those marks used by a business in a way that identifies its goods or services and differentiates them from others are entitled to trademark protection*

*3.) Explain the benefit to plaintiffs of the doctrine of strict tort liability.*

-Because of difficulty proving negligence, courts have expanded a doctrine called *strict liability.* -This doctrine makes entities in the chain of manufacture of a product --manufacturer, wholesaler, or retailer-- liable without proof of negligence. -It applies to anyone injured because of a defect in the manufacture of a product when such defect makes the use of the product dangerous to the user or people in the vicinity of the product.

*7.) Why have civil RICO cases been so popular?*

-Civil suits under RICO have been popular because RICO provides recovery of three times the damages suffered as a result of the RICO violation. -It also allows the recovery of attorney's fees, which can be a very substantial sum.

*10.) For what companies is debarment a serious penalty and why?*

-Debarment means a firm is prohibited from doing business with the government. When a company does a lot of business with the government, debarment is a severe penalty. -The FCPA does not except from the bribery provision payments made to speed up performance of a "routine governmental action." This includes such things as obtaining a permit, water, mail, or phone service, or police protection. -Corporation or individuals in violation of the FCPA may be subject to debarment. -A corporation guilty of a felony is subject to debarment.

*5.) How does the ANTICYBERSQUATTING CONSUMER PROTECTION ACT (ACPA) protect trademark owners from trademark infringement and dilution?*

-Gives trademark owners the right to sue people who register Internet domain names of trademarks and then try to profit from them. -The trademark owners need to show ownership of the mark, that the defendant registered or trafficked in identical or confusingly similar domain names, and that the defendant intended to profit from the mark.

*2.) Is it always a tort when competitors intentionally injure one another? Explain.*

-When a person makes false statements of fact that degrade the quality of another's goods or services, the tort of *injurious falsehood occurs.* - Courts also call this tort by other names such as commercial disparagement or trade libel. The false statement must be made to a third person. *This is called communication*. The hearer must understand the statement to refer to the plaintiff's goods or services and to degrade their quality. The injured party must show that the statement was a substantial element in causing damage. In some states, the plaintiff must identify specific customers lost as a result of the statement