B LAW test 2

defenses

(reasons why the plaintiff should not obtain damages). A common defense to intentional torts against persons, for instance, is consent. When a person consents to the act that damages her or him, there is generally no liability.

*counterfeight goods *Stop Counterfeiting in Manufactured Goods Act

*goods that are imitated trademarked good that are not genuine. *enacted to make counterfeiting things, or imitating trademarked goods, a crime. penalties could be dines and imprisonment for ten years and you might have to pay the plaintiff what they lost. if caught with this you can owe up to 2 million dollars and jail time for ten years. counterfeighters have to give up there stuff and then its all destroyed as well as the property they used to make it. and they have to pay resititution of equal amount of the victims loss ex: wayjdi was guilty for conspiring cig rolling paper and falsely labeled them "zig zags". he went to jail and had to pay restitution

trespass to land

- Enters onto, above, or below the surface of land that is owned by another. - Causes anything to enter onto land owned by another. - Remains on land owned by another or permits anything to remain on it. ...without permission ex: walking or driving on another's land, shooting a gun over another's land, and throwing rocks at a building that belongs to someone else, constructing a building so that part of it extends onto an adjoining landowner's property, go to a store where youre not allowed.

copyright infringment

-Form or expression of an idea is copied (does not have to be in its entirety). -The "fair use" exception:Certain persons or organization can copy materials without penalty (e.g., education, news, research). ex: The owner of copyrighted music, BMG Music Publishing, granted a license to Leadsinger, Inc., a manufacturer of karaoke devices. The license gave Leadsinger permission to reproduce the sound recordings, but not to reprint the song lyrics, which appeared at the bottom of a TV screen when the karaoke device was used. BMG demanded that Leadsinger pay a "lyric reprint" fee and a "synchronization" fee. Leadsinger refused to pay, claiming that its use of the lyrics was educational and thus did not constitute copyright infringement under the fair use exception. A federal appellate court disagreed. The court held that Leadsinger's display of the lyrics was not a fair use because it would have a negative effect on the value of the copyrighted work. The first sale doctrine- applies to first person and you can resell the item: once the first person has bought the item they can sell it to whoever now. -Provides that a portion of copyrighted work may be reproduced for purposes of "criticism, comment, news reporting, teaching, scholarships, and research" ex: Miranda buys a copyrighted book, such as The Hunger Games by Suzanne Collins. She can legally sell it to another person. ex: Carroll operated an online term paper business, R2C2, Inc., that offered 300,000 research papers for sale at nine Web sites. Individuals whose work was posted on these Web sites without their permission filed a lawsuit against Carroll for copyright infringement. Because Carroll had repeatedly failed to comply with court orders regarding discovery, the court found that the copyright infringement was likely to continue unless an injunction was issued. The court therefore issued a permanent injunction prohibiting Carroll and R2C2 from selling any term paper without sworn documentary evidence that the paper's author had given permission.

Two elements normally must exist simultaneously for a person to be convicted of a crime:-- at the same time

-the performance of a prohibited act and -a specified state of mind or intent on the part of the actor. KNOW FOR TEST

mens rea "state of mind"

-wrongful mental state -Recklessness and criminal negligence -Strict liability and overcriminalization For murder, the act is the taking of a life, and the mental state is the intent to take life. For theft, the guilty act is the taking of another person's property, and the mental state involves both the knowledge that the property belongs to another and the intent to deprive the owner of it. A 14 yr old girl posted a Facebook message saying that she was going to launch a terrorist attack on her high school. The police arrested the girl for the crime of making a terrorist threat, which requires the intent to commit an act of violence with "the intent to terrorize" or "in reckless disregard of the risk of causing" terror or inconvenience. Although the girl claimed that she did not intend to cause harm, she was prosecuted under the "reckless disregard" part of the statute.

To succeed in a negligence action, the plaintiff must prove each of the following:

1. Duty. The defendant owed a duty of care to the plaintiff. (not harming customers) 2. Breach. The defendant breached that duty. (mcyd's ignored their hot coffee problem) 3. Causation. The defendant's breach caused the plaintiff's injury. (someone got severely burned. 4. Damages. The plaintiff suffered a legally recognizable injury. (got 3rd degree burns.)

1. slander of quality 2. slander of title

1. The publication of false information about another's product, alleging that it is not what its seller claims. 2. The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner. this usually happens when someone knowingly publishes an untrue statement about property with the intent of discouraging a third party from dealing with the property's owner. For instance, a car dealer would have difficulty attracting customers after competitors published a notice that the dealer's stock consisted of stolen automobiles.

1. special damages 2. General Damages

1. compensate the plaintiff for quantifiable monetary losses, such as medical expenses, lost wages and benefits (now and in the future), extra costs, the loss of irreplaceable items, and the costs of repairing or replacing damaged property. 2. General damages compensate individuals (not companies) for the nonmonetary aspects of the harm suffered, such as pain and suffering. A court might award general damages for physical or emotional pain and suffering, loss of companionship, loss of consortium (losing the emotional and physical benefits of a spousal relationship), disfigurement, loss of reputation, or loss or impairment of mental or physical capacity.

1. notice the proposed rule making, 2 a comment period 3. the final rule.

1. executive branch puts out daily notices of new rules coming into place. it tells people the where and when the proceedings will be held, the agencies legal authority for making the rule, and the terms of the proposed rule. 2. following the publication, agency has to let ppl comment on this potential new rule. the agency doesn't have to answer to all questions and comments, but it can speak up. 3. the agency looks and comments and then drafts the final rule and publishes it in the federal register. this step must contain a reason for the new rule. final rules have binding legal effects

1. inspections and tests 2. subpoenas 3. search warrants

1. gathering info through on site inspections to find out if rules are being violated. this includes safety inspections, safety tests of commercial equipment, etc. 2. two types of subpoenas: ad testificandum: (to testify), this one is the ordinary one. it is a writ, or order, compelling witness to appear at an agency hearing. the other kind is duces tecum (bring it with you) compels to an individual or organization to hand over books, papers, records, or documents to the agency. 3. an order directing law enforcement officials to search a specific place for a specific item.

1. intentional torts 2. unintentional torts

1. result from the intentional violation of person or property (fault plus intent) 2. torts involving negligence: Negligence results from the breach of a duty to act reasonably (fault without intent)

1.Capital member: 2 First degree: 3. Second degree: 4. Manslaughter: voluntary: 5. Involuntary:

1. you kill her and did something else with her 2.intentionally go to kill someone 3. every other murder: you accidentally shoot someone 4. you kill someone in the heat of passion. You kill someone when you see your wife in bed with someone else. 5. you kill someone cuz youre driving drunk

Wrongful Interference with a Contractual Relationship

3 elements are necessary: - Valid, enforceable contract exists between two parties. - Third party knows about contract. - Third party intentionally causes either party to breach the original contract ex: You go to bank and you know that your neighbor was trying to buy the house you want and you tell the bank that your neighbor wont be able to pay for it then you are breaking the contract ex: hannah montana has a contract with bill. Joe wants her now and told hannah to break her contract and now she sings for Joe. Joe knew about the contract so he constituted a tort bc he wrongfully interfered with a contract between hannah and bill.

felonies

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty.

actus reus "the criminal act"

A guilty (prohibited) act. in some situations, failure to do something can be a criminal act, e.g., not filing a tax return. You have to have the intent to make a crime

misdemeanor

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

good samaratin statute

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly, thereby causing further harm. someone who is aided voluntarily by another cannot turn around and sue the "Good Samaritan" for negligence

Small Business Regulatory Enforcement Fairness Act (SBREFA)

Allows Congress to review new federal regulations for at least 60 days before they can take effect. this allows people who oppose the rules to have time to come up with arguments to tell to congress.

negligence per se "in or of itself"

An action or failure to act in violation of a statutory requirement. where you have something that proves negligence: car accident happens bc someone behind you was following too closely may occur if an individual violates a statute or ordinance and thereby causes the kind of harm that the statute was intended to prevent.

phishing

An e-mail fraud scam in which the messages purport to be from legitimate businesses to induce individuals into revealing their personal financial data, passwords, or other information. ex: Customers of Wachovia Bank (now owned by Wells Fargo) received official-looking e-mails telling them to type in personal information on a Web form to complete a mandatory installation of a new Internet security certificate. But the Web site was bogus. When people filled out the forms, their computers were infected and funneled their data to a computer server. The cyber criminals then sold the data.

fraudulent misrepresentation

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment. has 5 elements: - Misrepresentation of material facts with knowledge they are false - Intent to induce another innocent party to rely on the misrepresentation - Justifiable reliance on misrepresentation by deceived party - Damages suffered as a result of reliance - Causal connection between misrepresentation and injury suffered ex: VIOXX is a medicine that was made to make money for the company: early research showed the strokes and heart attacks would happen bc of this medicine but marketing didn't listen and still sold the drug so lots of people were dying because of it. VIOXX knew their drug was killing people. The company wanted them to buy the drug and rely on it and ppl did buy it. This was a and intent

domain names

As e-commerce expanded worldwide, one issue that emerged involved the rights of a trademark owner to use the mark as part of a domain name. A domain name, such as "cengage.com," is part of an Internet address.

Contributory negligence:

Bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault (only used in a few states)--when someone fails to wear a seatbelt

defenses to wrongful interference

Bona fide competitive behavior—through aggressive marketing and advertising strategies, for instance—is a permissible interference even if it results in the breaking of a contract. ex: taylor Meats advertises so effectively that it Sam's Restaurant want to break its contract with Burke's Meat Company and get stuff form Taylor meats now. Burkes now will not be able to recover

slander

Breaching this duty orally is the tort of slander.

Burden of proof

Civil case: Plaintiff must prove case by a preponderance of the evidence-- prove that the plaintiffs allegation is true based on evidence. Criminal case: Prosecution must prove case beyond a reasonable doubt

violent crimes

Crimes against persons, because they cause others to suffer harm or death sexual assault, rape, assault and battery Former rap star Flavor Flav (whose real name is William Drayton) was arrested in Las Vegas in 2012 on assault and battery charges. During an argument with his fiancée, Drayton allegedly threw her to the ground and then grabbed two kitchen knives and chased her son.

online defamation

Cyber torts are torts that arise from online conduct. One of the most prevalent cyber torts is online defamation. Courtney was sued for defamation based on remarks she posted about fashion designer Dawn Simorangkir on Twitter. Love claimed that her statements were opinion and therefore were not actionable as defamation. Nevertheless, she ended up paying $430,000 to settle the case out of court.

libel

Defamation in writing or another form having the quality of permanence (such as a digital recording).

embezzlement

Embezzlement is not larceny, because the wrongdoer does not physically take the property from another's possession, and it is not robbery, because force or fear is not used.

Employers' Social Media Policies

Employees who use social media in a way that violates their employer's stated policies may be disciplined or fired from their jobs. Courts and administrative agencies usually uphold an employer's right to terminate a person based on his or her violation of a social media policy. ex: Virginia Rodriquez worked for Wal-Mart Stores, Inc., for almost twenty years and had been promoted to management. Then she was disciplined for violating the company's policies by having a fellow employee use Rodriquez's password to alter the price of an item that she purchased. Under Wal-Mart's rules, another violation within a year would mean termination. Nine months later, on Facebook, Rodriquez publicly chastised employees under her supervision for calling in sick to go to a party. The posting violated Wal-Mart's "Social Media Policy," which was "to avoid public comment that adversely affects employees." Wal-Mart terminated Rodriquez. She filed a lawsuit, alleging discrimination, but the court issued a summary judgment in Wal-Mart's favor.

money laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds. they launder their "dirty" money to make it "clean" by passing it through a legitimate business

Administrative Agencies

Federal regulators also use social media posts in their investigations into illegal activities. Reed Hastings, the top executive of Netflix, stated on Facebook that Netflix subscribers had watched a billion hours of video the previous month. As a result, Netflix's stock price rose, which prompted a federal agency investigation. Because such a statement is considered to be material information to investors, it must be disclosed to all investors under securities law (see Chapter 20). The agency ultimately concluded that it could not hold Hastings responsible for any wrongdoing because the agency's policy on social media use was not clear. The agency then issued new guidelines that allow companies to disclose material information through social media if investors have been notified in advance.

protection for copyright

Fixed in a durable medium (Set out in a tangible medium of expression aka writing), Original, Creative

amendments

Fourth Amendment - unreasonable searches and seizures Fourth Amendment - no warrant without probable cause Fifth Amendment - due process of law Fifth Amendment - double jeopardy Fifth Amendment - self-incrimination Sixth Amendment - speedy trial, trial by jury, public trial, right to confront witnesses, right to counsel Eighth Amendment - excessive bail and fines, cruel and unusual punishment

Damages for Libel

General damages are designed to compensate the plaintiff for nonspecific harms that are difficult to measure including disgrace or dishonor in the eyes of the community, humiliation, injured reputation, and emotional distress plaintiff need not prove that she or he was actually harmed in any specific way as a result of the libelous statement.

libel and slander example

If Rodriques writes Andrews a private letter falsely accusing him of embezzling funds, the action does not constitute libel. If Peters falsely states that Gordon is dishonest and incompetent when no one else is around, the action does not constitute slander. In neither instance was the message communicated to a third party. cant just be given to the person of accusation, it needs to be given to more than ppl who are involved. Note further that anyone who republishes or repeats defamatory statements is liable even if that person reveals the source of the statements.

sharing stored music files

If you download music illegally, you are violating someone's copyright recording companies sued Whitney Harper for copyright infringement. Harper had used a file-sharing program to download a number of copyrighted songs from the Internet and had then shared the audio files with others via a P2P network. The plaintiffs sought $750 per infringed work—the minimum amount of statutory damages available under the Copyright Act. Harper claimed that she was an "innocent" infringer because she was unaware that her actions constituted copyright infringement. Under the act, innocent infringement can result in a reduced penalty. The court, however, noted that a copyright notice appeared on all the songs that Harper had downloaded. She therefore could not assert the innocent infringer defense, and the court ordered her to pay damages of $750 per infringed work.

the miranda rule

In Miranda v. Arizona,Footnote a case decided in 1966, the United States Supreme Court established the rule that individuals who are arrested must be informed of certain constitutional rights, including their Fifth Amendment right to remain silent and their Sixth Amendment right to counsel.

The Anti-Counterfeiting Trade Agreement (ACTA)

Increase international cooperation to combat counterfeiting. Provisions and goals: to increase international cooperation, facilitate best law enforcement practices, Border searches: member nations are required to establish border measures that allow officials to search commercial shipments of imports and exports for counterfeight goods

Indictment or Information

Individuals must be formally charged with having committed specific crimes before they can be brought to trial.

theft of trade secrets

Kent Peterson works at the firm of Jacoby & Meyers. He offers to pay Laurel, an employee in a competing firm, if she will give him her firm's trade secrets and pricing schedules. Kent has committed commercial bribery. forfeiture—meaning that the government can take the property. A theft of trade secrets conducted via the Internet, for example, could result in the forfeiture of every computer or other device used to commit or facilitate the crime.

Criminal Investigations on social media

Law enforcement uses social media to detect and prosecute criminals. ex: A nineteen-year-old posts a message on Facebook bragging about how drunk he was on New Year's Eve and apologizing to the owner of the parked car that he hit. The next day, police officers arrest him for drunk driving and leaving the scene of an accident.

Remedies for trade secret infringement:

Money Damages: how much profit they lost bc of u Injunction- stop producing

Privacy

People clearly have a reasonable expectation of privacy when they enter their personal banking or credit-card information online. They also have a reasonable expectation that online companies will follow their own privacy policies. But it is probably not reasonable to expect privacy in statements made on Twitter—or photos posted on Twitter, for that matter.

Company-wide Social Media Networks

Posts on these internal networks are different from the typical posts on Facebook. Employees use these intranets to exchange messages about topics related to their work such as deals that are closing, new products. Protection of Trade Secrets: An important advantage to using an internal system for employee communications is that the company can better protect its trade secrets. Other Advantages: Internal social media systems also offer additional benefits such as real-time information about important issues, such as production glitches and reducing emails

Public Order Crime

Public drunkenness Prostitution Gambling Illegal drug use usually only harm the offender A flight attendant observed a man and woman engaging in sex acts while on a flight to Las Vegas in 2013. A criminal complaint was filed, and the two defendants pleaded guilty in federal court to misdemeanor disorderly conduct.

false light

Publication of information that places a person in a false light is also an invasion of privacy. For instance, writing a story about a person that attributes ideas and opinions not held by that person is an invasion of privacy. ex: A newspaper printed an article with the headline "Special Delivery: World's oldest newspaper carrier, 101, quits because she's pregnant!" Next to the article was a picture of a ninety-six-year-old woman who was not the subject of the article (and not pregnant). She sued the paper for false light and won. aka using a wrong person's name

two types of property

Real property is land and things "permanently" attached to the land. Personal property consists of all other items, which are basically movable. Thus, a house and lot are real property, whereas the furniture inside the house is personal property. Cash and stocks and bonds are also personal property.

Freedom of Information Act FOIA

Requires federal government to disclose certain records to any person on request, even if no reason is given for the request. All federal government agencies are required to make their records available electronically. The FOIA exempts certain types of records, such as those involving national security, and those containing information that is personal or confidential.

"Danger Invites Rescue" Doctrine

Sometimes, a person who is trying to avoid harm—such as an individual who swerves to avoid a head-on collision with a drunk driver—ends up causing harm to another (such as a cyclist riding in the bike lane) as a result. In those situations, the original wrongdoer (the drunk driver in this scenario) is liable to anyone who is injured, even if the injury actually resulted from another person's attempt to escape harm. this doctrine also protects people who are harmed who were trying to rescue Whether rescuers injure themselves, the person rescued, or even a stranger, the original wrongdoer will still be liable.

Protection of Social Media Passwords

States have enacted legislation to protect individuals from having to disclose passwords

Abnormally Dangerous Activities

Strict liability for damages proximately caused by an abnormally dangerous activity. For instance, even if blasting with dynamite is performed with all reasonable care, there is still a risk of injury. Because of the potential for harm, the person who is engaged in an abnormally dangerous activity—and benefits from it—is responsible for paying for any injuries caused by that activity. Although there is no fault, there is still responsibility because of the dangerous nature of the undertaking.

Social media and legal issues

Studies show that Internet users spend more time on social networks than at any other sites. The emergence of Facebook and other social networking sites has created a number of legal and ethical issues for businesses. For instance, a firm's rights in valuable intellectual property may be infringed if users post trademarked images or copyrighted materials on these sites without permission. Tweets and other social media posts can also be used to reduce damages awards.

Applicability and Sanctions of the ACPA

The ACPA applies to all domain name registrations of trademarks. S

Liability of Internet Service Providers

The Communications Decency Act (CDA) states that "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." Thus, under the CDA, ISPs(internet service providers) usually are treated differently from publishers in print and other media and are not liable for publishing defamatory statements that come from a third party. exceptions: Although the courts generally have construed the CDA as providing a broad shield to protect ISPs from liability for third party content, some courts have started establishing some limits to this immunity. EX: Roommate.com, operates an online roommate-matching Web site that helps individuals find roommates based on their descriptions of themselves and their roommate preferences. Some of the questions asked users to disclose their sex, family status, and sexual orientation—which is not permitted under the federal Fair Housing Act. When a nonprofit housing organization sued Roommate.com, the company claimed it was immune from liability under the CDA. A federal appellate court disagreed and ruled that Roommate. com was not immune from liability. Roommate.com was ordered to pay nearly $500,000 for prompting discriminatory preferences from users and matching users based on these criteria in violation of federal law.

Internet Companies' Privacy Policies

The Federal Trade Commission (FTC) investigates consumer complaints of privacy violations. The FTC has forced many companies, including Google, Facebook, Twitter, and MySpace, to enter a consent decree that gives the FTC broad power to review their privacy and data practices. It can then sue companies that violate the terms of the decree.

the TRIPS agreement

The agreement established standards for the international protection of intellectual property rights, including patents, trademarks, and copyrights for movies, computer programs, books, and music. The TRIPS agreement provides that each member country of the World Trade Organization must include in its domestic laws broad intellectual property rights and effective remedies (including civil and criminal penalties) for violations of those rights. A U.S. software manufacturer brings a suit for the infringement of intellectual property rights under Germany's national laws. Because Germany is a member of the TRIPS agreement, the U.S. manufacturer is entitled to receive the same treatment as a German manufacturer.

To establish defamation, a plaintiff normally must prove the following:

The defendant made a false statement of fact. The statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation. The statement was published to at least one person other than the plaintiff. If the plaintiff is a public figure, she or he must prove actual malice

forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

petty offense

The least serious kind of criminal offense, such as a traffic or building-code violation.

sunshine act

The legislation requires that "every portion of every meeting of an agency" be open to "public observation." Adequate notice of meetings must be given to the public. Closed meetings are authorized in a limited number of instances. 1,2,3 1. the subject of the meeting concerns accusing a person of a crime 2. open meetings would frustrate implementation of future agency actions. 3. the subject of the meeting involves matters relating to future litigation or rule making

insider trading

The purchase or sale of securities on the basis of inside information (information that has not been made available to the public).

beyond a reasonable doubt

The standard of proof used in criminal cases.

negligence

The tort of negligence occurs when someone suffers injury because of another's failure to live up to a required duty of care. If no risk is created, there is no negligence.the risk must be foreseeable-- people doing the same activity would think its dangerous. In determining what is reasonable conduct, courts consider the nature of the possible harm. ex: Juan walks up to Maya and intentionally shoves her. Maya falls and breaks an arm as a result. In this situation, Juan has committed an intentional tort (assault and battery). If Juan carelessly bumps into Maya, however, and she falls and breaks an arm as a result, Juan's action will constitute negligence. In either situation, Juan has committed a tort.

computer crime cyber crime

The unlawful use of a computer or network to take or alter data, or to gain the use of computers or services without authorization. A crime that occurs in the online environment rather than in the physical world

trademark registration

U.S. Patent and Trademark Office A mark can be registered if in use or mark will be used within 6 months.

executive agencies

Under exec branch; have to follow president's wishes; president can appoint or remove anyone in these kinds of agencies. EX: Food and drug administration, treasury

licensing in the online world

When you download an application on your smartphone, tablet, or other mobile device, for instance, you are typically entering into a license agreement. You are obtaining only a license to use that app and not ownership rights in it.

business torts

Wrongful interference with another's business rights and relationships. involving wrongful interference are generally divided into two categories: wrongful interference with a contractual relationship and wrongful interference with a business relationship.

trespass to personal property

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner's possession of personal property. ex: Kelly takes Ryan's business law book as a practical joke and hides it so that Ryan is unable to find it for several days before the final examination. Here, Kelly has engaged in a trespass to personal property.

conversion

Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another. Often, when conversion occurs, a trespass to personal property also occurs because the original taking of the personal property from the owner was a trespass ex: Chen borrows Mark's iPad Air to use while traveling home from school for the holidays. When Chen returns to school, Mark asks for his iPad back. Chen tells Mark that she gave it to her little brother for Christmas. In this situation, Mark can sue Chen for conversion, and Chen will have to either return the iPad or pay damages equal to its replacement value. Someone who buys stolen goods, for instance, may be sued for conversion even if he or she did not know that the goods were stole

defamation

\ involves wrongfully hurting a person's good reputation. The law has imposed a general duty on people to refrain from making false, defamatory statements of fact about others.

administrative agency

a federal or state government agency established to perform a specific function. they create the detailed rules and regulations necessary to carry out a certain statute. how they're made: Congress creates federal administrative agencies. then To create an administrative agency, Congress passes enabling legislation. look below for definition

trade secret

a formula device idea process or other information used in a business that gives the owner a competitive advantage in the market place. duration is unlimited.

patent

a grant from the government that gives the inventor exclusive rights to to an invention. you get it by filing a patent application. lasts for 20 years form the day the application was put in. after the 20 years, the product is put out in the public and anyone can sell or make it without paying the patent holder. for design patents: 14 years remedy for patent infringement: monetary damages including royalties and lost profit, attorney fees. triple all this if it's on purpose. ex: this guy sells patented genetically modified seeds to farmers. they have to sign a licensing fee and pay for technology fees. he has workers who investigate and prosecute farmers who use the GM seeds illegally ex: AT&T holds a patent on a device used to digitally encode, compress, and process recorded speech. AT&T brought an infringement case against Microsoft, which admitted that its Windows operating system incorporated software code that infringed on AT&T's patent. The case reached the United States Supreme Court on the question of whether Microsoft's liability extended to computers made in another country. The Court held that it did not. Microsoft was liable only for infringement in the United States and not for the Windows-based computers produced in foreign locations. The Court reasoned that Microsoft had not "supplied" the software for the computers but had only electronically transmitted a master copy, which the foreign manufacturers then copied and loaded onto the computers.

trade names

a name that a business uses to identify itself and its brand

The Internet Corporation for Assigned Names and Numbers (ICANN)

a nonprofit corporation, oversees the distribution of domain names and operates an online arbitration system.

privilege or immunity

a person will not be liable for defamatory statements because she or he enjoys a privilege. two types: absolute and qualified ABsolutE: Only in judicial proceedings and certain government proceedings is an absolute privilege granted. Thus, statements made in a courtroom by attorneys and judges during a trial are absolutely privileged, as are statements made by government officials during legislative debate. ex: you say "yea I think he stole money "in court. So you are protected and wont get sued because court wants you to be truthful qualified ex: An employer's statements in written evaluations of employees. if the statements are made in good faith and the publication is only seen by people who have to see it, the statements fall within the area of qualified privilege.

adjudication

a proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation

actual malice

a statement must be made with either knowledge of its falsity or a reckless disregard of the truth.

enforcement investigation

after final rules are in place, agencies conduct investigations to monitor compliance with those rules or terms of the enabling statute. Investigation might begin when an agency receives a report of possible violation. 3 procedures: inspections and tests, subpoenas, and search warrants

agency orders or initial order (decision)

after the hearings, ALJ renders an initial order (an agency's decision in a matter other than a rule making, an administrative law judge's initial order becomes final unless it is appealed)

license

agreement to use a trademark, copyright, patentor trade secret. licenses only grant right expressly described in the agreement ex: George restaurant gave nicks restaurant permission to use george's themes for nicks restaurant. they get in a fight and goerge end the license giving nick permission to use his themes. nick doesnt stop using his theme so george sues him and the court tells nick he has to stop.

Federal Trademark Dilution Act

allowed trademark owners to sue in court for dilution which means when a company copies someone elses logo or makes it something similar to an already existing logo. ex. sam opens a coffee shop with the name "samsbucks". starbucks filed a dilution lawsuit and the court ruled that "samsbucks" constituted trademark dilution and ruled that it creates confusion.

The U.S. Safe Web Act

allows the FTC to cooperate and share information with foreign agencies in investigating and prosecuting those involved in spamming, spyware, and various Internet frauds and deceptions.

Trademark Dilutions Revision Act

allows you to sue for trademark dilution if... 1. the plaintiff owns a famous mark that is distinctive 2. the defendant is has begun using a mark in their business that is diluting the famous mark 3. the similarity between the defendants mark and the famous mark gives a ride so an association between the marks. 4. the association is likely to impair the distinctiveness of the famous mark or harm its reputation

The Electronic Communications Privacy Act (ECPA)

amended federal wiretapping law to cover electronic forms of communications. prohibits the intentional interception of any wire, oral, or electronic communication. It also prohibits the intentional disclosure or use of the information obtained by the interception. exclusions: any electronic communications through devices that an employer provides for its employee to use for business. Stored Communications: prohibits intentional and unauthorized access to stored electronic communications and sets forth criminal and civil sanctions for violators. A person can violate the SCA by intentionally accessing a stored electronic communication. ex of store communications: Two restaurant employees, Brian Pietrylo and Doreen Marino, were fired after their manager uncovered their password-protected MySpace group. The group's communications, stored on MySpace's Web site, contained sexual remarks about customers and management, and comments about illegal drug use and violent behavior. One employee said the group's purpose was to "vent about any BS we deal with out of work without any outside eyes spying on us." The restaurant learned about the private MySpace group when a hostess showed it to a manager who requested access. The hostess was not explicitly threatened with termination but feared she would lose her job if she did not comply. The court allowed the employees' SCA claim, and the jury awarded them $17,003 in compensatory and punitive damages

legislative rules aka substantive rules

an administrative agency rule that carries the same weight as a congressionally enacted statute

battery

an unexcused and harmful or offensive physical contact intentionally performed. The contact can be harmful, or it can be merely offensive (such as an unwelcome kiss). Physical injury need not occur. The contact can involve any part of the body or anything attached to it—for instance, a hat, a purse, or a jacket. The contact can be made by the defendant or by some force set in motion by the defendant, such as by throwing a rock. If the plaintiff shows that there was contact, and the jury agrees that the contact was offensive, then the plaintiff has a right to compensation. A plaintiff may be compensated for the emotional harm or loss of reputation resulting from a battery, as well as for physical harm. A defendant may assert self-defense or defense of others in an attempt to justify his or her conduct.

assault

any intentional and unexcused threat of immediate harmful or offensive contact—words or acts that create a reasonably believable threat. An assault can occur even if there is no actual contact with the plaintiff. if you miss the person's face while attempting to punch, it is assault.

intellectual property

any property resulting from intellectual, creative processes

Mail and Wire Fraud

any scheme that uses the U.S. mail, FedEx or UPS—or wire, including telegraph, telephone, television, e-mail, or online social media, with the intent to defraud the public. These laws are often applied when persons send out advertisements or e-mails with the intent to obtain cash or property by false pretenses.

malware

anything harmful to your computer: worms, botnet, virus

patents for designs (as opposed to inventions)

are given 14 years

criminal process

arrest--> Indictment or Information--> trial

independent regulatory agency

at the federal level: EX: federal trade commission, the securities and exchange commission, and the federal communications commission. less president power in these agencies and their officers can't be removed without a cause. members of these agencies work in terms

dram shop acts

bartender or social host may be held liable for injuries caused by a person who became intoxicated while drinking at the bar or who was already intoxicated when served by the bartender. Selena hosts a Super Bowl party at which Raul, a minor, sneaks alcoholic drinks. Selena is potentially liable for damages resulting from Raul's drunk driving after the party.

reasonable person standard

being a good person...kinda grayish areas. if the pharmacist is aware of a customer-specific risk of taking the prescribed medication, such as an allergy, the pharmacist may be liable for failing to warn the customer. The outcome depends on how the judge decides a reasonable person in the position of the defendant would act in the particular circumstances of the case.

burglary

breaking and entering the dwelling of another at night with the intent to commit a felony. Burglarized- stealing from house

suggestive trademarks

bring to mind something about a object without describing the object directly. dairy queen and blu- ray because they dont directly explain the product. ex. Dairy queen suggests an association between its products and milk but doesnt directly describe the icecream.

property crime

burglary, Larceny, Obtaining goods by false pretenses, Receiving stolen goods, Arson, Forgery

Wrongful Interference with a Business Relationship

business poeple like coming up with scehemes to attract customer. but Businesspersons are prohibited from unreasonably interfering with another's business in attempt to gain market share. - hurting someones business is considered predatory. at the mall, there is adidas and nikes. an adidas worker can't stand in front of nike and tell customers to not walk in there. this is committing a tort because its wrong to interfere with another business.

Trademark Dilution in the Online World

candlyland.com was created as a porn site. so who ever searched the metatag "candyland" would come across this website. Hasbro (owner of the candyland game) filed a trademark dilution claim in a federal court, seeking a permanent injunction to prevent the defendants from using the Candy Land trademark.

generic terms (for a trademark)

cant get a trademark for generic terms at all. ex.computer, aspirin, dry ice, corn flakes

Comparative negligence

common in more states: Reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely. both the plaintiff's and the defendant's negligence are computed, and the liability for damages is distributed accordingly. ex: if the plaintiff was 80 percent at fault and the defendant 20 percent at fault, the plaintiff may recover 20 percent of his or her damages.

tort law is designed to

compensate those who have suffered a loss or injury due to another person's wrongful act. provides remedies for acts that cause physical injury or that interfere with physical security and freedom of movement.

enabling legislation

congress passes this statute to authorize the creation of an administrative agency and specifies the name, composition, and powers of the agency being created. Federal administrative agencies may exercise only powers Congress has delegated to them example: congress created FTC and the act prohibits unfair and deceptive trade practices. it also describes the procedures that they agency has to follow to charge a person who violates. the congress has granted them to do certain things to investigate and charge someone with this violation.

copyright protection for software

copyright for computer programs in the list of creative works protected by copyright law. this protects parts of a computer program that can be read by humans and things that can only be read by the computer. courts have not extended protection for the "look and feel", general appearance, images, menus and other screen displays of computer games. ex: MiTek develops a software program for laying out wood trusses (used in construction). Another company comes out with a different program that includes similar elements, such as the menu and submenu command tree-structures. MiTek cannot successfully sue for copyright infringement because the command structure of software is not protected.

state and local administrative agencies

created parallel to federal agencies. ex: state agency is State pollution agency control agency is parallel to federal EPA

white collar crime

crimes that occur in business context embezzlement (stealing money from job), Mail and wire fraud, bribery, theft of trade secrets, insider trading

The tort of intentional infliction of emotional distress

defined as an extreme and outrageous act, intentionally committed, that results in severe emotional distress to another. To be actionable, the conduct must be so extreme and outrageous that it exceeds the bounds of decency accepted by society. ex of outrageous: A father attacks a man who has had consensual sexual relations with the father's nineteen-year-old daughter. The father handcuffs the man to a steel pole and threatens to kill him unless he leaves town immediately. The father's conduct may be sufficiently extreme and outrageous to be actionable as an intentional infliction of emotional distress. eX: if you give someone a dissolvable bathing suit knowingly.

hearing procedures

disputes are resolved through informal adjudication proceedings that resemble arbitration. so it resembles a trial. difference between a real trial and this is that during hearing procedures, more evidence can be displayed even if it's second hand information .

trademark

distinctive word, symbol, sound, or design that identifies the manufacturer as the source of the products from those made or sold by others to file for a trademark: it has to currently be in use or about to be within the next sixth months. the sixth months can be extended up to thirty months if necessary.

causation

element in negligence. In deciding whether there is causation, the court must address two questions: 1: is there causation of fact? : Did the injury occur because of the defendant's act, or would it have occurred anyway? If an injury would not have occurred without the defendant's act, then there is causation in fact. So there is causation of fact if it was the defendants fault that the plaintiff is hurt. "but for" test: but for the wrongful act, the injury would not have occurred if I'm walking down an icy sidewalk. And someone intentionally gets in my way and i trip, there isn't causation of fact Bc I woulda slipped either way since it's icy 2. Was the act the proximate cause (Legal cause. It exists when the connection between an act and an injury is strong enough to justify imposing liability.) of the injury? Courts use proximate cause to limit the scope of the defendant's liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's actions. ex: a car hits a car who hits another car etc. If you carelessly bump into a passerby, who stumbles and falls as a result, you may be liable in tort if the passerby is injured in the fall. If the person is unharmed, however, there normally cannot be a suit for damages because no injury was suffered.

trade secrets in cyber space

emailing trade secrets or putting them on a flash drive and taking them out of the office. using your work twitter after after leaving the company ex:

MP3 and File-Sharing Technology

enables music fans to download songs or entire CDs onto their computers or onto portable listening devices, such as smartphones. The MP3 system also made it possible for music fans to access other fans' files by engaging in file-sharing via the Internet. File-sharing is accomplished through peer-to-peer (P2P) networking and the newer method of sharing files via the Internet is cloud computing,

Anticybersquatting Consumer Protection Act

enacted by congress. ACPA makes cybersquatting illegal when both of the following are true: 1. The name is identical or confusingly similar to the trademark of another. 2. The one registering, trafficking in, or using the domain name has a "bad faith intent" to profit from that trademark.

lanham act

enacted to protect manufacturers from losing business to rival companies that used similar trademarks

example of assault and battery

ex. Ivan threatens Jean with a gun and then shoots her. The pointing of the gun at Jean is an assault. The firing of the gun (if the bullet hits Jean) is a battery.

First Amendment's guarantee of freedom of speech also limits emotional distress claims.

ex: Hustler magazine once printed a fake advertisement that showed a picture of the Reverend Jerry Falwell and described him as having lost his virginity to his mother in an outhouse while he was drunk. Falwell sued the magazine for intentional infliction of emotional distress and won, but the United States Supreme Court overturned the decision. The Court held that creators of parodies of public figures are protected under the First Amendment from claims of intentional infliction of emotional distress.

strong marks

fancy, arbitrary, most distinct marks, usually taken outside of the context of the actual object, invented words. like google and xerox

America Invents Act

first person to file receives protection.

Obtaining Goods by False Pretenses

form of theft that involves trickery or fraud, such as paying for an iPad with a stolen credit-card number selling an iPad that you claim is yours when you actually do not own it

the Digital Millennium Copyright Act (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.

formal complaints

if a settlement cannot be reached, the agency may issue a formal complaint against the suspected violator. EX: EPA finds that Acme manufacturing is polluting groundwater in violation of federal pollution laws. EPA issues a complaint against violator in order to get them to follow the rules. the party charged responds by filing an answer to the allegations. if an agreement doesn't happen, the case will be adjudicated.

truth

if its true, then its not slander

copyright

intangible property right granted by federal statute to the originator of certain literary or artistic productions. books, music, films, artwork, "fixed in a durable medium" has to be written. Registered with U.S. Copyright Office. cant be ideas but it can be written facts that are original work. yellow pages are protected bc the info is selected and organized in a certain way where as the white pages is just in alphabetical order. ideas can be protected by copyright. other things are automatically copyright after tangible form copyright is good for: - author: for life + 70 years after you die - publisher: 95 years after book published or 120 years after you publish it remedies for copyright infringement: fines, imprisonment, damages, profits, attorney fees. ex: The popular character Sherlock Holmes originated in stories written by Arthur Conan Doyle. Over the years, elements of the characters and stories created by Doyle have appeared in books, movies, and television series, including the recent Elementary on CBS and Sherlock on BBC. Prior to 2013, those wanting to use the copyrighted Sherlock story had to pay a licensing fee to Doyle's estate. Then, in 2013, the editors of a book of Holmes-related stories filed a lawsuit in federal court claiming that the basic Sherlock Holmes story elements introduced before 1923 should no longer be protected. The court agreed and ruled that these elements have entered the public domain—that is, the copyright has expired and they can be used without permission

compensatory damages:

intended to compensate or reimburse plaintiffs for actual losses—to make the plaintiffs whole and put them in the same position that they would have been in had the tort not occurred. Compensatory damages awards are often broken down into special damages and general damages.

transferred intent

intent can be transferred when a defendant intends to harm one individual, but unintentionally harms a second person. ex. Alex swings a bat intending to hit Blake but misses and hits Carson instead. Carson can sue Alex for the tort of battery because Alex's intent to harm Blake can be transferred to Carson.

berne convention`

international copyright agreement. 2011 EU extended period of royalty protection for musicians from 50 to 70 years. if a U.S. citizen writes a book, every country that has signed the convention must recognize her or his 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 163 countries that have signed, all other countries that have signed the convention must recognize that author's copyright.

the madrid protocol

international treaty that has been signed by eighty-six countries. Under its provisions, a U.S. company wishing to register its trademark abroad can submit a single application and designate other member countries in which the company would like to register its mark. The treaty was designed to reduce the costs of international trademark protection by more than 60 percent.

invasion of privacy

invading someone's home or illegally searching someone's briefcase, eavesdropping by wiretap, the unauthorized scanning of a bank account, compulsory blood testing, and window peeping. eX: A female reporter was digitally videoed while naked through the peephole in the door of her hotel room. She subsequently won a lawsuit against the man who took the video and posted it on the Internet.

cookies and data collection

invisible files that computers, smartphones, and other mobile devices create to track a user's Web browsing activities. Retailers collect information about consumers to personalize online services. like when u order stuff on amazon and then u see ads later on. ex:Facebook settled a lawsuit over its use of a targeted advertising technique called "Sponsored Stories." An ad would display a Facebook friend's name, profile picture, and a statement that the friend "likes" the company sponsoring the advertisement, alongside the company's logo. A group of plaintiffs filed suit, claiming that Facebook had used their pictures for advertising without their permission. When a federal court refused to dismiss the case, Facebook agreed to settle.

robbery

involves fear

Receiving Stolen Goods

is a crime to receive goods that a person knows or should have known were stolen or illegally obtained. To be convicted, the recipient of such goods need not know the true identity of the owner or the thief, and need not have paid for the goods. All that is necessary is that the recipient knows or should have known that the goods were stolen, and intended to deprive the true owner of those goods.

homicide

is involuntary manslaughter when it results from an act of criminal negligence and there is no intent to kill. like driving drunk

False imprisonment 2. "privilege to detain"

is the intentional confinement or restraint of another person's activities without justification. False imprisonment interferes with the freedom to move without restraint. ex:holding someone captive 2. a merchant can use reasonable force to detain or delay a person suspected of shoplifting the merchant's property. can happen with a reasonable amount of time with reasonable manners. ex. Police arrested Shoy for an unpaid subway ticket and for a theft that had been committed by someone who had stolen his identity. A court ordered him to be released, but a county employee mistakenly confused Shoy's paperwork with that of another person—who was scheduled to be sent to state prison. As a result, instead of being released, Shoy was held in county jail for more than two weeks. Shoy later sued the county for false imprisonment and won.

for fraud to occur

it has be more than mere puffery( A salesperson's exaggerated claims concerning the quality of goods or property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.) ex: my medicine is the best medicine.

Meta Tags

key words that are inserted into the HTML (hypertext markup language) code to tell Internet browsers specific information about a Web page. using another's trademark in a meta tag without the owner's permission, however, normally constitutes trademark infringement. ex:Farzad and Lisa Tabari are auto brokers. They contact authorized dealers, solicit bids, and arrange for customers to buy from the dealer offering the best combination of location, availability, and price. The Tabaris offered this service at the Web sites buy-a-lexus.com and buyorleaselexus.com. Toyota Motor Sales U.S.A., Inc., the exclusive distributor of Lexus vehicles and the owner of the Lexus mark, objected to the Tabaris' practices. The Tabaris removed Toyota's photographs and logo from their site and added a disclaimer in large type at the top, but they refused to give up their domain names. Toyota sued for infringement. The court forced the Tabaris to stop using any "domain name, service mark, trademark, trade name, meta tag or other commercial indication of origin that includes the mark LEXUS."

strict liability

liability without fault. liability for injury is imposed for reasons other than fault. It doesn't matter what happens, youre responsible If your pet tiger gets out and bites someone, it doesn't matter what you do, youre responsible. if you know your animal could hurt someone, you are liable.

The Racketeer Influenced and Corrupt Organizations Act (RICO)

makes it a federal crime to - use income obtained from racketeering activity to purchase any interest in an enterprise, - acquire or maintain an interest in an enterprise through racketeering activity, - conduct or participate in the affairs of an enterprise through racketeering activity, or - conspire to do any of the preceding activities. rackateer: a person who deals with illegal sales and crap

DVDs and File-Sharing

motion picture industry loses a lot of money to pirated movies. Numerous Web sites offer software that facilitates the illegal copying of movies, such as BitTorrent, which enables users to download high-quality files from the Internet. TorrentSpy, a popular BitTorrent indexing Web site, enabled users to locate and exchange files. The Motion Picture Association of America (MPAA) and Columbia Pictures, Inc., brought a lawsuit against the operators of TorrentSpy for facilitating copyright infringement. The MPAA also claimed that the operators had destroyed evidence that would reveal the identity of individual infringers. The operators had ignored a court order to keep server logs of the Internet addresses of people who facilitated the trading of files via the site. Because TorrentSpy's operators had willfully destroyed evidence, a federal court found in favor of the MPAA and ordered the defendants to pay a judgment of $111 million.

Res Ipsa Loquitur "the facts speak for themselves"

negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. ex: exploding coke bottle causing an injury. ex: A kidney donor, Backus, sustained injuries to his cervical spine as a result of the surgery to harvest his kidney. He sued the hospital and physicians involved in the transplant operation for damages. Backus asserted res ipsa loquitor because the injury was the kind that ordinarily does not occur in the absence of someone's negligence. The burden of proof shifted to the defendants, and because they failed to show that they had not been negligent, Backus won

what is patentable

new and useful processes, machines. not nature or abstract ideas.

internet law

number of laws specifically address issues that arise only on the Internet.

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. ex:Apple, Inc., has repeatedly sued cybersquatters that registered domain names similar to its products, such as iphone4s.com and ipods.com. In 2012, Apple won a judgment in litigation at the World Intellectual Property Organization (WIPO) against a company that was squatting on the domain name iPhone5.com. problem with cybersquatting: more TLDs and gTLDs are now available and many more companies are registering domain names. Registrar companies charge a fee to businesses and individuals to register new names and to renew annual registrations. Many of these companies also buy and sell expired domain names.

Disparagement of property

occurs when economically injurious falsehoods are made about another's product or property, not about another's reputation. Disparagement of property is a general term for torts specifically referred to as slander of quality or slander of title.

Criminal negligence

occurs when the defendant takes an unjustified, substantial, and foreseeable risk that results in harm. A defendant can be negligent even if she or he was not actually aware of the risk but should have been aware of it

bribery bribery of public officials commercial bribery bribery of foreign officials

offering something of value to someone in an attempt to influence that person. commercial: Commercial bribery involves corrupt dealings between private persons or businesses. Typically, people make commercial bribes to obtain proprietary information, cover up an inferior product, or secure new business. Industrial espionage sometimes involves commercial bribes. Kent Peterson works at the firm of Jacoby & Meyers. He offers to pay Laurel, an employee in a competing firm, if she will give him her firm's trade secrets and pricing schedules. Kent has committed commercial bribery.

role of administrative law judge (ALJ)

one who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. ALJ is not independent; they work for that specific agency thats prosecuting the case so they are required to be unbiased

trademarks that are protected

ones that are distinct from others. cant be derogatory. ex. US patent office rejected an app to trademark "redskins potatoes" bc its offensive

bureaucracy aka 4th branch

organized structure consisting of government bureaus and agencies through which the government implements and enforces the law

4th amendment protections

probable cause Reasonable grounds for believing that a search should be conducted or that a person should be arrested. exclusionary rule A rule that prevents evidence that is obtained illegally or without a proper search warrant—and any evidence derived from illegally obtained evidence—from being admissible in court. ex: Oliver gained access to people's personal information and then filed for and received unemployment benefits in their names. Oliver and another person were later arrested. Oliver's co-defendant told police that Oliver kept a laptop computer and a box of items at the apartment of his girlfriend, Erica Armstrong. Police searched the box and laptop and found evidence of the crime. Oliver argued that the evidence was "fruit of the poisonous tree," and should be excluded. The court, however, held that the search was legal. Armstrong had looked through the box before the police arrived. When a private individual examines the contents of a closed container, a later search of the container by the police is lawful. In addition, the police had an independent source of information concerning the laptop—Oliver's co-defendant, who had admitted using a laptop to further their scheme. Evidence obtained through a legal, independent source is admissible.

secondary meaning (for a trademark)

products that are basic and obvious can get a trademark if they come up with a "secondary meaning" that makes people recognize it specifically. ex: frosty treats inc sells dessert from an ice-cream truck. a video game "twisted metal" depicts an icecream truck with a clown on it that was similar to the frosty treats clown. the game bears the label "frosty treats" on the truck so frosty treats sued them for trademark infringement, but the court said thats a descriptive term and has to acquire a secondary term. for frosty treats to establish a secondary term they have to prove that people recognize its trademark and associate it with a single source.

consumer financial protetion bureau

protect consumers from alleged abusive practices by financial institutions, including banks and nonbanks offering consumer financial products, mortgages, and credit card companies

trade secrets

protects information of commercial value. customer lists, plans, research and development- anything that makes an individual company unique those who disclose or use anothers trade secret are liable to that other party if they discover the secrets in improper ways and their disclosure or use constitutes a breach of a duty owed to the other party.

organized crime

providing illegal goods and services Money Laundering Racketeer Influenced and Corrupt Organizations Act (RICO)

public figures

public figures are considered fair game, and false and defamatory statements about them that appear in the media will not constitute defamation unless the statements are made with actual malice. To be made with actual malice, a statement must be made with either knowledge of its falsity or a reckless disregard of the truth. ex: magazine published a story about girl who claimed to have slept with David Beckham more than once. Beckham sued magazine for libel seeking $25 million in damages. He said that he had never met the woman and did not cheat on his wife. After months of litigation, a federal district court dismissed the case because Beckham could not show that the magazine acted with actual malice. Whether or not the statements in the article were accurate, there was no evidence that the defendants acted with willful falsity or reckless disregard for the truth

criminal sanction

punishment for criminals-- jail, fines, death penalty, etc ex: Carlos is walking down the street, minding his own business, when suddenly a person attacks him. In the ensuing struggle, the attacker (assailant) stabs Carlos several times, seriously injuring him. A police officer restrains and arrests the wrongdoer. In this situation, the attacker may be subject both to criminal prosecution by the state and to a tort lawsuit brought by Carlos.

punitive damages

punitive damages may also be awarded in tort cases to punish the wrongdoer and deter others from similar wrongdoing. Punitive damages are appropriate only when the defendant's conduct was particularly egregious (bad) or reprehensible (unacceptable). ex: when a company sells bad medicine to a person, court gives the person extra money to try to discourage the company and future companies from selling bad products. ex: if a drunk car crashes into you, youll get money for damages bc of compensatory damages, but bc of punitive, youll get a million dollars to make up for drunk driver.

typosquatting

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. Cybersquatting is costly for businesses, which must attempt to register all variations of a name to protect their domain name rights from would-be cybersquatters and typosquatters.

Defenses against Trespass to Land

say that you were trying to save someone from danger, or show that you had a license to go onto property. A person who enters another's property to read an electric meter, for example, is a licensee. Note that licenses to enter are revocable by the property owner. If a property owner asks a meter reader to leave and the meter reader refuses to do so, the meter reader at that point becomes a trespasser.

Defenses to Criminal Liability

self defense necessity—that a criminal act was necessary to prevent an even greater harm. ex: Jake Trevor is a convicted felon and, as such, is legally prohibited from possessing a firearm. While he and his wife are in a convenience store, a man draws a gun, points it at the cashier, and demands all the cash. Afraid that the man will start shooting, Trevor grabs the gun and holds on to it until police arrive. In this situation, if Trevor is charged with possession of a firearm, he can assert the defense of necessity. A person who suffers from a mental illness may be incapable of the state of mind required to commit a crime.. person will go to mental institution instead of jail mistake-- A mistake of fact, as opposed to a mistake of law, can excuse criminal responsibility if it negates the mental state necessary to commit a crime ex: If Oliver Wheaton mistakenly walks off with Julie Tyson's briefcase because he thinks it is his, there is no crime. Theft requires knowledge that the property belongs to another. (If Wheaton's act causes Tyson to incur damages, however, she may sue him in a civil action for trespass to personal property or conversion Duress exists when the wrongful threat of one person induces another person to perform an act that she or he would not otherwise perform. ex: someone holding a gun to your head entrapment: A defense in which a defendant claims that he or she was induced by a public official to commit a crime that he or she would otherwise not have committed. In the typical entrapment case, an undercover agent suggests that a crime be committed and pressures or induces an individual to commit it. The agent then arrests the individual for the crime. immunity: When the state wishes to obtain information from a person accused of a crime, the state can grant immunity from prosecution or agree to prosecute for a less serious offense in exchange for the information. Once immunity is given, the person can no longer refuse to testify on Fifth Amendment grounds because he or she now has an absolute privilege against self-incrimination. plea bargaining The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approval.

arson

setting buildings on fire by lighting it or explosion Benton owns an insured apartment building that is falling apart. If he sets fire to it or pays someone else to do so, he is guilty not only of arson but also of defrauding the insurer, which is attempted larceny.

negotiated settlements

simple convos to solve a problem an agency is having. this method is good bc its cheaper option and it stays away from real court.

rule making

the actions of administrative agencies when formally adopting new regulations or amending old ones. many rules have to be adopted by using the notice and comment rule making. this procedure consists of 1. notice the proposed rule making, 2 a comment period 3. the final rule. if these steps aren't taken, the rule can be invalid.

administrative law

the body of law created by administrative agencies in order to carry out their duties and responsibilities. created by administrators not by legislation

trade dress

the image and overall look of a product that is protected by a trademark. ex. a restaurants menu can be considered as the restaurants trade dress

Copyright law

the most important form of intellectual property protection on the Internet. This is because much of the material on the Internet (including software and database information) is copyrighted, and in order to transfer that material online, it must be "copied."

tortfeasor

the one committing the tort. motive doesn't have to be evil or harmful. stuff can happen on accident.

The second-level domain (SLD)

the part of the name to the left of the period—is chosen by the business entity or individual registering the domain name. Competition for SLDs among firms with similar names and products has led to numerous disputes. By using an identical or similar domain name, parties have attempted to profit from a competitor's goodwill (the nontangible value of a business).

remedies for patent infringement

the patent holder can seek for injunction(which means you make the violators stop what theyre doing) and request damages for lost profits. and sometimes they can even get them to pay for their court fees and lawyers. patent holder has to prove that they have suffered irreparable injury

damages for slander

the plaintiff must show that the slanderous statement caused the plaintiff to suffer actual economic or monetary losses.

administrative process

the procedure used by administrative agencies in the administration of law. procedure consists of rule making, enforcement, and adjudication

larceny

the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession. Put simply, larceny is stealing, or theft. larceny doens't involve fear ex: pickpocketing, taking supplies from their job

appropriation or identity theft

the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user. note courts have held that even when an animated character in a video or a video game is made to look like an actual person, there are not enough similarities to constitute appropriation. ex: when m&m's copied cowboys costume, didn't count as appropriation.

if someone wants to sue for trademark infringement

they need to prove that the trademark that their competitor is using confuses people. Protection of trademarks is important to protect manufacturers from losing business rival companies. Remedies include injunction and remedies.

service mark

trademark that is used to distinguish the services of one company from the other. ex. each airline has its own symbol

3 exceptions to slander

truth, privilege, public figures defense

spam

unsolicited "junk e-mail" that floods virtual mailboxes with advertisements, solicitations, and other messages. In an attempt to combat spam, thirty-seven states have enacted laws that prohibit or regulate its use. Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. the statute preempts state antispam laws except for those provisions in state laws that prohibit false and deceptive e-mailing practices. Generally, the act permits the sending of unsolicited commercial e-mail but prohibits certain types of spamming activities. Prohibited activities include the use of a false return address and the use of false, misleading, or deceptive information when sending e-mail.

certification mark

use by one or more than one person, other than the owner, to certify the regions materials, etc of specific goods. ex. "UL tested" kinda like a certificate

collective mark

used by members of a cooperative association to certify the regions, materials, etc, of specific goods. ex. appear at the end of movies credits to show the organizations that participated in making the movie.

hacker

uses one computer to break into another

Identifying the Author of Online Defamation

using the authority of the courts, the plaintiffs can obtain from the ISPs the identity of the persons responsible for the defamatory messages.

duty of landowners/ business owners.

warn the people of possible risks on the property. Landowners who rent or lease premises to tenants are expected to exercise reasonable care to ensure that the tenants are not harmed in common areas, such as stairways, entryways, and laundry rooms. ex: Liz enters a supermarket, slips on a wet floor, and sustains injuries as a result. If there was no sign warning that the floor was wet when Liz slipped, the owner of the supermarket would be liable for damages. That a patron might slip on the wet floor and be injured was a foreseeable risk, and the owner should have taken care to avoid this risk or to warn the customer of it (by posting a sign or setting out orange cones, for example).

patent infringement(tort of patent infringement)

when firms make sell or use anothers patented design. The US only protects patent infringement on things manufactured in the US.

Regulatory Flexibility Act

whenever a new regulation will have a "significant impact upon a substantial number of small entities" the agency must conduct a regulatory flexibility analysis. the analysis must measure the cost that the rule would impose on small businesses and must consider less burdensome alternatives.

top-level domain (TLD

which is the part of the name to the right of the period that often indicates the type of entity that operates the site. .com or .edu

statement of fact statement of opinion

you can sue for protected under first amendment so you cant sue so, making a negative statement about another person is not defamation unless the statement is false and represents something as a fact rather than a personal opinion. ex: The statement "Lane cheats on his taxes," if false, can lead to liability for defamation. The statement "Lane is a jerk," however, cannot constitute defamation because it is an opinion.

Robbery

—defined as the taking of cash, personal property, or any other article of value from a person by means of force or fear—is another violent crime. Typically, states have more severe penalties for aggravated robbery—robbery with the use of a deadly weapon.