BLS 342 Exam 2
negligence per se
"negligence in or of itself"; applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs, and have to prove the plaintiff is a part of the group that the law was designed to protect then prove damages
ad testificandum
"to testify," is an order compelling a witness to appear before an agency hearing
trans-pacific partnership (TPP)
established in 2015, the agreement is aimed at increasing US exports to China, Japan, and other Asian nations and eliminating or decreasing tariffs charged by those nations
breach of duty
failure to live up to the standard of care
the _____ regulates private spaceports and the launch and reentry of private spacecraft under the commercial space launch act
federal aviation administration (FAA)
state and local regulatory agencies also play a significant role in implementing __________
federal environmental legislation
administrative agency investigations
federal regulators also use social media posts in their investigations into illegal activities
Rise of corporate citizenship
firms are now viewed more like citizens with a social responsibility and less like a profit machine
outcome based ethics
focuses on the impact (consequences) of a decision on society or on key stakeholders
outcome-based ethics
focuses on the impacts of a decision on society or on key stakeholders. Focuses on the consequences of actions, not the action itself
public figure privilege
free discussion about those in the public eye, as long as statements were not made with malice
absolute privilege
given to people testifying on house or senate floor during congressional debate, and people testifying in trial
special defenses to negligence
good samaritan statutes, superseding cause
copyright act of 1976
governs copyrights
the anti-counterfeiting trade agreement
has been signed by a large number of countries to prevent the counterfeiting of any products made in the countries that are a part of this agreement. international cooperation is encouraged in this agreement
key factor in determining ethicacy
how it affects rights of others (owners, employees, consumer, suppliers, community, society)
principle of rights
humans have certain fundamental rights
trade libel
if printed
formal complaints
if settlement cannot be reached, this is the first step and it is public record the firm must file and answer to the formal complaint
berne convention
if someone in one country has a trademark, patent, or copyright other countries must recognize this and are still protected by common law
slander of quality
if spoken, statements criticizing the quality, honesty, or reputation of the business or product
indirect exporting
if sufficient business develops in a foreign country, a US company may establish a specialized marketing organization there by appointing a foreign agent or a foreign distributor
slander
if the defamation is made orally, lacks permanence must prove special damages or specific monetary loss
slander of title
if the statements relate to ownership of the business property
foreign sovereign immunities act (FSIA)
in 1976, Congress codified the doctrine of sovereign immunity in the FSIA. The FSIA exclusively governs the circumstances in which an action may be brought in the US against a foreign nation
digital millennium copyright act (DMCA)
in 1998, congress enacted the DMCA which gave significant protection to owners of copyrights in digital formation. the act established civil and criminal penalties for anyone who circumvents (bypasses) encryption software or other technological antipiracy protection
categorical imperative
individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way
inspections and tests
inspections of facilities may be all that is needed to prove a regulatory violation. It is in the best interest of the business to comply with the agency, but if they deem the inspection unnecessary, the agency must subpoena or get a warrant.
maximum achievable control tech (MACT)
instead of establishing specific emissions standards for each hazardous air pollutant, the clean air act requires major new sources to use pollution-control equipment that represents the MACT to reduce emissions
international dispute resolution
international contracts frequently include arbitration clauses. meaning parties agree to be bound by a decision from a specified third party in event of a dispute
sources of international law
international customs, treaties and international agreements and international organizations
two US government agencies imposing antidumping duties
international trade commission (ITC) and the international trade association (ITA)
I desire to do right (IDDR)
involves organizing the issues and approaching them systematically inquiry discussion decision review
law holds an individual liable without fault when the activity in which she engages satisfies three conditions
it involves a risk of serious harm to people or property it is so inherently dangerous that it cannot ever be safely undertaken it is not usually performed in the immediate community
the Central America - Dominican Republic - US Free Trade Agreement (CAFTA-DR)
its purpose is to reduce trade tariffs and improve market access among all of the signatory nations
strict liability
liability without fault
quotas and tariffs
limits on the amounts of goods that can be imported are known as import quotas. tariffs are taxes on imports. a tariff is usually a percentage of the value of the import, but can be flat rate per unit
Anticybersquatting Consumer Protection Act (ACPA)
makes cybersquatting illegal when both of the following are true: the domain name is identical or confusingly similar to the trademark of another the one registering, trafficking in, or using the domain name has a "bad faith intent" to profit from that trademark
how a product can be defective in three ways
manufacturing defect, design defect, failure to provide adequate warnings
abuse of process
more general and applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends
the specificity of the demand
must adequately describe the material being sought
long-run profit maximization
must distinguish between long-run and short-run profit maximization
theories of liability for defective products, negligence
must prove four elements of negligence the defendant manufacturer or seller owed a duty of care to the plaintiff the defendant breached that duty of care by supplying a defective product this breach of duty caused the plaintiff's injury the plaintiff suffered actual injury
conversion
occurs when a person permanently removes personal property from the owner's possession and control (do not return property) does not have to be an item, can be money. theft.
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
enabling legislation
passed by Congress to create administrative agencies
trademark dilution
passed in 1995 to allow companies to bring suits in federal court for trademark dilution.
nuisance
persons may be held liable if they use their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property
intentional interference with context
plaintiff must prove: 1. a valid and enforcement contract between the two parties existed 2. the defendant knew of the existence of the contract and its terms 3. the defendant intentionally undertook steps to cause one of the parties to breach the contract 4. the plaintiff was injured as a result of the breach
outsourcing
practice by which a company hires an outside firm or individual to perform work rather than hiring employees to do it
civil law systmes
prevalent in European, Latin American, African and Asian nations, they base their legal systems on Roman civil law or code law the term civil law refers not to civil as opposed to criminal law but to codified law - an order grouping of legal principles enacted into law by a legislature or other governing body
comparative negligence
pure comparative negligence, modified comparative negligence
FIFRA substances must be:
registered before they can be sold certified and used only for approved applications used in limited quantities when applied to food crops
marine protection, research, and sanctuaries act (Ocean dumping act)
regulates the transportation and dumping of pollutants into ocean waters
the federal insecticide, fungicide, and rodenticide act (FIFRA)
regulates the use of pesticides and herbicides
copyright owners are protected against the following
reproduction of the work, development of derivative works, distribution of the work, public display of the work
safe drinking water act
requires the EPA to set maximum levels for pollutants in public water systems
section 1605 of the FSIA
sets forth the major exceptions to the jurisdictional immunity of a foreign state.
sharia law
sharia is a comprehensive code of principles that governs both the public and the private lives of persons of the Islamic faith. It also directs many aspects of day to day life like politics, economics, banking, types of law, and social issues
disparagment
similar to defamation, because both torts involve the making of a false statement, but it is different because it is designed to protect one's property interests must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales
interpretive rules
simply declare policy and are not law
moral minimum
simply following the laws
violation of the CWA
states have primary responsibility enforcing the rules, subject to EPA monitoring. combination of civil and criminal penalties (if intentional)
Lanham act of 1946
statutory protection of trademarks and related property is provided at the federal level by the Lanham act of 1946. it was enacted to protect manufacturers from losing business to rival companies that used similar trademarks
any conspiracy that has _________ on US commerce is within the reach of the Sherman Act
substantial effect
international organizations create uniform rules
the UN commission on international trade law has made progress in establishing uniformity in international law as it relates to trade and commerce. the commission created contracts for the international sale of goods (CISG)
protection of trade secrets
the company usually decides which employees can see particular intranet files and which employees will belong to each specific "social" group
actual cause
the determination that the plaintiff's harm was a direct result of the defendants breach of duty
proximate cause (legal cause)
the extent to which, as a matter of policy, the defendant will be held liable for the consequences of his actions. normally determined by foreseeability - damage has to be foreseeable. said to exist only when both the plaintiff and the plaintiff's damages were reasonably foreseeable at the time the defendant breach his duty to the plaintiff
sherman act
the most important US antitrust law. it provides for the extraterritorial effect of US antitrust laws
environmental impact statements (EIS)
the national environmental policy act requires an EIS be prepared for every major federal action that significantly affects the quality of the environment
second level domain
the part of the name to the left of the period
top level domain
the part of the name to the right of the period (.com, .net, .org)
negligent failure to warn
the plaintiff must demonstrate that the defendant knew or should have known that without a warning, the product would be dangerous in its ordinary use, or in any reasonably foreseeable use, yet the defendant still failed to provide a warning
to state a claim for trademark dilution the plaintiff must prove the following:
the plaintiff owns a famous mark that is distinctive the defendant has begun using a mark in commerce that is diluting the famous mark the similarity between the defendants mark and the famous mark gives rise to an association between the marks
defenses to a negligence based on product liability action
the plaintiff's own failure to act reasonably contributed to the plaintiff's own harm
treaty aspect of article 2 section 2 of the Constitution
the president has the power and "by and with the advice and consent of the Senate, to make treaties, provided 2/3 of the Senators present concur."
epa
the primary federal agency regulating environmental law
strict product liability - plaintiff must prove
the product was defective when sold, the product was so defective that the product was unreasonably dangerous, the product was the cause of the plaintiff's injury
comment period
the purpose of this period is to give ample amounts of time to the parties involved to express their views on the proposed rulemaking, all comments become public record
duty
the standard of care a reasonable person owes another
under the NY convention, a court will compel the parties to arbitrate their dispute if all of the following are true:
there is a written (or recorded) agreement to arbitrate the matter the agreement provides for arbitration in a convention signatory nation the agreement arises out of a commercial legal relationship one party to the agreement is not a US citizen. in other words, both parties cannot be US citizens.
strong marks
these marks receive automatic protection because they identify a particular product source as opposed to describing the product itself
international principles and doctrines
these principles and doctrines are employed by the courts of various nations to resolve or reduce conflicts that involve a foreign element principle of comity, the act of state doctrine, the doctrine of sovereign immunity
reasonable expectation of privacy
they also have a reasonable expectation that online companies will follow their own privacy policies
under section 757 of restatement of torts those who disclose trade secrets are liable if:
they discovered the secret by improper means, their disclosure or use constitutes a brach of duty owed to the other party (considered theft)
US Antitrust laws
they may subject firms in foreign nations to their provisions, as well as protect foreign consumers and competitors from violations committed by US citizens
World trade organization (WTO)
to minimize trade barriers among nations, each member country is required to grant normal trade relations (NTR) status to other member countries. this means that each member must treat other members at least as well as it treats the country that receives its most favorable treatment with regard to imports or exports
private nuisance
to obtain relief from pollution under the nuisance doctrine, a property owner may have to identify a distinct harm separate from that affecting the general public
purpose of tort law
to provide remedies for the violation of various protected interests; for acts that cause physical injury or interfere with physical security and freedom of movement. it also recognizes an interest in protecting property and provides remedies for destruction or damage to properties
using another company's _______ is a false indication of where the goods came from
trademark
intentional torts against property
trespass to realty, private nuisance, trespass to personal property, conversion
exports of space tech
under US regulations, all spacecraft are classified as "defense articles." The defense classification restricts the transfer of space tech and related information to any foreign person or nation under the US department of state's international traffic in arms regulations
spam
unsolicited junk email that floods virtual mailboxes with advertisements, solicitations. accounts for 75% of emails
confiscation
when a government seizes private property for an illegal purpose and without just compensation,
design defect
when all products of a particular design are defective and dangerous
manufacturing defect
when an individual product has a defect making it more dangerous than other identical products
doctrine of sovereign immunity
when certain conditions are satisfied, the doctrine of sovereign immunity exempts foreign nations from the jurisdiction of the US courts.
collective mark
when certification marks are used by members of a cooperative, association or other organization
avoiding corruption
when dealing with foreign governments, corruption may be widespread in foreign companies and could affect your ethical values
sharing stored music and movies
when filesharing is used to download others' stored music files, copyright issues arise
express assumption of the risk
when the plaintiff expressly agrees to assume the risk posed by the defendant's behavior
implied assumption of risk
when the plaintiff implicitly assumed a known risk
copyright infringment
whenever the form of expression or idea is copied. those who infringe copyrighted works may be liable for damages or criminal penalties
two notions serve as the basis of all torts
wrongs and compensation
privilege defense
you are privileged to make a statement; affirmative defense (occurs when defendant admits to the accusation but argues there is a reason he should not be held liable)
copyrights are given for the time of the life of the author, plus an extra ____ years or ____ years after the date of creation
70; 120
CHAPTER 5: Business Ethics
CHAPTER 5: Business Ethics
CHAPTER 9: Internet Law
CHAPTER 9: Internet Law
the clean air act does not specifically mention _____ emissions until 2009
CO2
federal regulations
Congress has passed a number of statutes to control the impact of human activities on the environment. Most of these statutes are designed to address pollution in the air, water, or land. Some specifically regulate toxic chemicals, including pesticides, herbicides and hazardous wastes.
best available control tech (BACT)
EPA issues guidelines as to what equipment meets this standard. essentially, the guidelines require the most effective pollution-control equipment available
privacy torts
False Light Public Disclosure of Private Facts Appropriation for Commercial Gain Intrusion on an Individual's Affairs or Seclusion
37 states have enacted laws that prohibit or regulate its use
They require the senders of e-mail ads to instruct the recipients on how they can "opt out" of further e-mail ads
trademark dilution in the online world
Trademark dilution occurs when a trademark is used—without authorization—in a way that diminishes the distinctive quality of the mark
direct exporting
a US company signs a sales contract with a foreign purchaser that provides for the conditions of shipment and payment for the goods
licensing
a company may permit another party to use a trademark (or other IP) under a license. when you download an application on your smartphone for instance, you are typically entering into a license agreement
contribution action
a party who has incurred clean-up costs to bring a contribution action against any person who is liable or potentially liable for a percentage of the costs
potentially responsible party (PRP)
a person who generated/transported/owned the wastes disposed of at the site
moral minimum
acting at the lowest ethical level that society will tolerate
dram shop acts
allows bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar
alien tort claims act (ATCA)
allows even foreign citizens to bring civil suits in US courts for injuries caused by violations of the law of nations or a treaty of the US
US 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. provides a safe harbor for internet service providers (ISP). this gives ISPs immunity from liability for supplying information to the FTC concerning possible unfair or deceptive conduct in foreign jurisdictions
gross negligence
an action committed with extreme reckless disregard for the property or life of another person
exclusions of ECPA coverage
any electronic communications through devices that an employer provides for its employee to use "in the ordinary course of its business."
oil pollution act
any oil facility, shipper, vessel owner, or vessel operator that discharges oil into navigable waters or onto an adjoining shore may be liable for clean-up costs and damages
intentional torts against persons
assault, battery, defamation
protection of social media passwords
by 2017, about half of the states had enacted legislation to protect individuals from having to disclose their social media passwords
violations of the clean air act
civil penalties. to penalize those who find it more cost-effective to violate the act than to comply with it, the EPA is authorized to impose a penalty equal to the violator's economic benefits from noncompliance those who knowingly violate the act may be subject to criminal penalties
hazardous air pollutants (HAPs)
clean air act requires the EPA to list HAPs on a prioritized schedule
stare decisis
common law doctrine that obligates judges to follow precedential decisions in their jurisdictions, but courts can modify and overturn when necessary
tort law is designed to ______ those who have suffered a loss or injury due to another person's wrongful act
compensate
general damages
compensate individuals for nonmonetary aspects of the harm suffered, such as pain and suffering. this includes emotional pain, loss of companionship, loss of consortium, disfigurement, loss of reputation, or loss or impairment of mental or physical capacity
damages
compensatory and punitive
minimizing liability under Superfund
conduct environmental compliance audits of its own operations regularly
rights conflict/solution
conflicts: which rights are most important solution: rights theorists believe that whichever right is stronger in a particular circumstance takes precedence
clean air act
congress authorized the clean air act to provide the basis for issuing regulations to control multistate air pollution. it covers both mobile sources and stationary sources of pollution
sarbanes-oxley act
congress enacted to help reduce corporate fraud and unethical behavior. requires businesses to set up confidential reporting systems to raise red-flags
resource conservation and recovery act (RCRA)
congress' response to growing concerns about the effects of hazardous waste materials on the environment. the RCRA required the EPA to determine which forms of solid waste should be considered hazardous and to establish regulations to monitor and control hazardous waste disposal
international space law
consists of international treaties - primarily negotiated by the UN - and UN resolutions.
space law
consists of the international and national laws that govern activities in outer space
two tests to determine if a product is so defective as to be unreasonably dangerous
consumer expectations test, feasible alternative test
CISG
contracts for the international sale of goods similar to article 2 of the uniform commercial code in that it is designed to settle disputes between parties to sales contracts. It spells out the duties of international buyers and sellers that will apply if the parties have not agreed otherwise in their contracts. The CISG governs only sales contracts between trading partners in nations that have ratified the CISG.
copyrights in digital information
copyright law is probably the most important form of intellectual property protection on the internet
feasible alternative test
court focuses on the usefulness and safety of the design and compares it to an alternative design
Modified Comparative Negligence
courts calculate damages in the same manner, except that the defendant must be more than 50% at fault before the plaintiff can recover the plaintiff can recover damages only if he is 50% of less fault if plaintiff is more at fault than the defendant, plaintiff cannot recover if plaintiff is 50% at fault, then the plaintiff can recover 50% of damages
strict product liability
courts may hold liable the manufacturer, distributor, or retailer to any reasonably foreseeable injured party; focuses on the product, the duty is irrelevant
North American Free Trade Agreement (NAFTA)
created a regional trading unit consisting of Canada, Mexico, and the US. the goal of NAFTA was to eliminate tariffs among these three nations on substantially all goods by reducing the tariffs incrementally over a period of time
online defamation
cyber torts that arise from online conduct. one of the most prevalent cyber torts is online defamation. defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others
compensatory damages
damages intended to reimburse a plaintiff for her/his losses
International law
defined as a body of law - formed as a result of international customs, treaties and organizations - that governs relations among or between nations
secondary meaning
descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law unless they acquire a secondary meaning. a secondary meaning arises when customers associate a specific term with a specific trademark or items made by a specific company. one a secondary meaning is attached the trademark is considered distinctive.
choice-of-law clause
designates the applicable law
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
stop counterfeiting in manufactured goods act
enacted to combat counterfeit goods
duces tecum
"bring it with you," compels an organization to hand over books, records, papers, etc. to the agency
res ipsa loquitur
"the think speaks for itself" (can't show breach of duty); used by the plaintiff to allow the judge or jury to infer that more likely than not, the defendant's lack of due care; to establish, must demonstrate that: the event was a kind that ordinarily does not occur in the absence of negligence, even though don't have direct evidence. other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated. the indicated negligence is within the scope of the defendant's duty to the plaintiff
CHAPER 24: International Law and Space Law
CHAPER 24: International Law and Space Law
CHAPTER 3: Ethics in Business
CHAPTER 3: Ethics in Business
CHAPTER 43: Administrative Law
CHAPTER 43: Administrative Law
CHAPTER 45: ENVIRONMENTAL PROTECTION
CHAPTER 45: ENVIRONMENTAL PROTECTION
CHAPTER 6/7: Unintentional Tort, Strict Liability, and Product Liability
CHAPTER 6/7: Unintentional Tort, Strict Liability, and Product Liability
CHAPTER 6: TORT LAW
CHAPTER 6: TORT LAW
CHAPTER 8: Intellectual Property Rights
CHAPTER 8: Intellectual Property Rights
wetlands
CWA prohibits filling or dredging of wetlands unless a permit is obtained from the Army Corps of Engineers
damages
a compensable loss suffered for her/his losses
the federal register
a daily publication of the executive branch that prints government rules, orders and regulations
assumption of risk
a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused; the plaintiff willingly assumed risk
contributory negligence
a defense that applies in cases in which the defendant and the plaintiff were both negligent; a defendant must prove: the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm the plaintiff's failure was a contributing cause to the plaintiff's injury
trademark
a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or affixes to the goods it produces so they can be identified on the market and their origins made known; a source indicator
triple bottom line
a firm's responsibility to profits, impact on people, and impact on the planet
adjudication
a formal judgement on a disputed manner most of the time agencies want to resolve issues through settlements, sometimes actions end in formal adjudication
patent
a grant from the government that gives an inventor the exclusive right to make, use, or sell his or her invention for a period of 20 years. the period of patent protection begins the day you apply, not necessarily when the patent is issued. to be patentable the applicant must prove that the invention, discovery, process or design is novel, useful, and not obvious in light of current tech
negligence per se
a law establish labeling, design, or content requirements for products, the manufacturer has a duty to meet these requirements, failure to meet these standards means that the manufacturer has breached its duty of reasonable care
reasonable person standard
a measurement of the way members of a society expect an individual to act in a given situation
conditional privilege
a party will not be held liable for defamation unless the false statement was made with actual malice (knowledge of its falsity or reckless disregard for its truth)
nominal damages
a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages
service mark
a trademark that is used to distinguish the services of a person or company from another
truth defense
absolute defense; defendant cannot be held liable, regardless of if whether damages result, if the statement made was true
methods of file sharing
accomplished through peer-to-peer networking. P2p networking uses numerous PCs that are connected to the internet. a newer method of sharing files via the internet is cloud computing
utilitarianism
action is morally correct when it produces the greatest amount of a good for the greatest number or creates the least amount of harm for the fewest people
subpoenas (two types)
ad testificandum duces tecum
Statutory law is created by legislatures, administrative law is created by ______
administrative agencies
multilateral agreement
agreement is formed by several nations
the fair use doctrine
allows people to reproduce copyrighted material without paying royalties if: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes the nature of the copyrighted work the amount and substantiality of the portion used in relation to the copyrighted work as a whole the effect of the use upon the potential market for or value of the copyrighted work
last clear chance doctrine
allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant has a final clear opportunity to avoid the action that injured the plaintiff
uniform rapid suspension (URS)
allows trademark holders with clear-cut infringement claims to obtain rapid relief
the EPA sets primary and secondary levels of ________ - that is, maximum permissible levels of certain pollutants - those likely to cause death or a serious condition
ambient standards
electronic communication privacy act (ECPA)
amended federal wiretapping law to cover electronic forms of communications. prohibits the intentional interception of any wire, oral, or electronic communication
limits liability of ISP's
an ISP is not liable for copyright infringement by its customer unless the ISp is aware of the subscriber's violation
unfortunate accident
an incident that simply could not be avoided, even with reasonable care plaintiff's doctrines
most common remedy for trademark infringement
an injunction to prevent further infringement
copyright
an intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type
battery
an intentional, unwanted, offensive bodily contact in any way
superseding cause
an unforeseeable event that interrupts the casual chain between the defendant's breach of duty and the damages the plaintiff suffered; disprove the causation element necessary to sustain a negligence claim defenses argues that plaintiff cannot prove that the breach of duty was the proximate cause of harm
shopkeeper's privilege
any retail, merchandising, security guard can detain a suspected shoplifter for a reasonable period of time (typically only long enough to call the police)
title VII of the civil rights act
applies extraterritorially to all US employees working for US employers abroad. generally, US employers must abide by US discrimination laws unless to do so would violate the laws of the country where their workplaces are located
the EU
arose of the 1957 treaty of Rome. today, the EU is a single integrated trading unit made up of 27 European countries
property rights to space resources
article 2 of the outer space treaty bans the national appropriation of territory in space
different articles of COPUS
article 6: each nation is responsible for its activities in outer space, whether they are conducted by the government or by a private entity article 8: provides that each nation retains jurisdiction and control over its space objects and the personnel on them article 7: imposes on each nation liability for damage caused by its space objects article 9: requires that space exploration be conducted so as to avoid "harmful contamination"
International trade commission (ITC)
assesses the effects of dumping on domestic businesses and then makes recommendations to the president concerning temporary import restrictions
New York Convention
assists in the enforcement of arbitration clauses. basically, the convention requires courts in nations that have signed it to honor private agreements to arbitrate and recognize arbitration awards made in other contracting states.
good samaritan statutes
attempt to encourage selfless and courageous behavior by removing the threat of liability
punitive damages
awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others
negligence action
based on a business's alleged failure to use reasonable care toward a party whose injury was foreseeable and was caused by the lack of reasonable care
product liability
based on tort law
negligence
behavior that creates an unreasonable risk of harm to others; involve the failure to exercise reasonable care to protect another's person or property
kantian ethical principles
believed that humans are qualitatively different from other physical objects and are endowed with moral integrity and the capacity to reason and conduct their affairs rationally (managers treating subordinates as mere profit making tools instead of treating them with respect as humans)
principles of rights
believes that a key factor in determining if something is ethical is if it affects other people's rights
strict liability action
businesses that engage in ultrahazardous activities - such as the transportation of radioactive materials - are strictly liable for any injuries the activities cause. In a strict liability action, the injured party does not have to prove that the business failed to exercise reasonable care
TRIPS agreement
calls for all members of the WTO to follow all protection laws for intellectual property and legal actions for infringements can be taken. this protects from discrimination between countries and owners of the varying product rights
ratio of punitive to compensatory damages
cannot be more than a 9-1 ratio of punitive to compensatory damages
special damages
compensate the plaintiff for quantifiable monetary losses, such as medical expenses and lost wage and benefits. also compensate for the loss of irreplaceable items and repairing or replacing damaged property
clean water act (CWA)
congress passed amendments to the FWPCA, and the amended act became known as the CWA
defenses to negligence
contributory negligence, comparative negligence, assumption of risk
data collection and cookies
cookies are invisible files that computers, smartphones, and other mobile devices create to track a user's web browsing activities. cookies provide detailed information to marketers about an individual's behavior and preferences, which is then used to personalize online services.
counterfeit goods
copy or imitate trademarked goods, but they are not genuine
food disparagement
critics call veggie libel, provide ranchers and farmers with a cause of action when someone knowingly makes false, damaging statements about a food product
consumer expectations test
did the product meet the standards of the consumer? relies on the experiences and expectations of the ordinary customer (no experts or questions about merits of design)
failure to provide adequate warnings
didn't provide potential dangers associated with the product
two forms of exporting
direct and indirect
intentional torts against economic interests: business torts
disparagement, intentional interference with context, unfair competition, fraudulent misrepresentation
to win a negligence case, the plaintiff must prove four elements
duty, breach of duty, causation, damages
citizens can sue to_____
enforce environmental regulations if government agencies fail to do so. can sue to limit enforcement actions if agencies go too far in their actions. a threshold hurdle in such suits is meeting the requirements for standing to sue
four primary elements of superfund
established an information-gathering and analysis system that enables the government to identify chemical dump sites and determine appropriate action authorized the EPA to respond to emergencies and to arrange for the clean-up of a leaking site directly if the persons responsible fail to clean up the site created a hazardous substance response trust fund (superfund) to pay for the clean-up of hazardous sites using funds abstained through taxes on certain businesses it allowed the government to recover the cost of clean-up from the person who were responsible for hazardous substance releases
punitive damages
exemplary damages, imposed to punish the offender and deter other from committing similar offenses
unfair competition
exists because US laws protects business action on the profit motive, thus, when someone enters the industry with the sole intent of driving another firm out of business, the law punishes this act as unfair competition
when a contract contains ______ and ______ the lawsuit will be heard by a court in the specified forum and decided according to that forum's law.
forum selection and choice-of-law clauses
major difference between international law and national law
government authorities can enforce national law
patent infringment
if a firm uses another's patented design, product or process without their permission, that firm commits the tort of patent infringment
libel
if the defamation is published in permanent form such as newspaper or magazine, but also TV and radio since they are permanently recorded general damages are assumed
trade names
indicate part or all of a business's name. protected under common law but only if they are unusual or fancifully used
forum-selection clause
indicates what court, jurisdiction, or tribunal will decide any disputes arising under the contract
trade secrets
information of commercial value, such as customer lists, plans, and research and development, pricing information, marketing methods, production techniques, and anything that makes an individual company unique. trade secrets extend to both ideas and their expression
enforcement of final rulings
inspections and tests, subpoenas, limits of agency demands, and warrants
identifying the author of online defamation
it is more difficult is a business firm discovers that defamatory statements about its policies and products are being posted in an online forum, because the postings are anonymous
meta tags
key words that give internet browsers specific information about a web page
criminal investigations
law enforcement uses social media to detect and prosecute criminals. a surprising number of criminals boast about their illegal activities
toxic torts
lawsuits for personal injuries casued by exposure to a toxic substance, such as asbestos, radiation, or hazardous waste
profit maximization theory
leads to most efficient allocation of resources.
city, county and local governments laws and regulations
local zoning laws may be designed to inhibit or regulate the growth of cities and suburbs. may impose rules regulating methods of waste removal, the appearance of building, max noise level, and other aspects of local environment
CWA goals
make waters safe for swimming, protect fish and wildlife, eliminate the discharge of pollutants into the water
state laws and regulations
may restrict a business's discharge of chemicals into the air or water or regulate its disposal of toxic wastes. states may also regulate the disposal or recycling of other wastes. Additionally, states may restrict emissions from cars
impact of litigation
media posts now are routinely included in discovery in litigation because they can provide damaging information that establishes a person's intent
the relevance of the information being sought
must reveal that the law is being violated
causation
must satisfy both: actual cause and proximate cause
NPDES system under the CWA includes the following elements:
national effluent (pollution) standards set by the EPA for each industry water-quality standards set by the states under EPA supervision a discharge permit program that sets water-quality standards to limit pollution special provisions for toxic chemicals and for oil spill construction grants and loans from the federal government for publicly owned treatment works, primary sewage treatment plants
judicial precedents are ________ like in common law system
not binding
The administrative process
notice of proposed rule making -> comment period -> the final rule
pirated movies and tv
numerous websites offer software that facilitates the illegal copying of movies and tv programs
negligent torts (unintentional)
occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm
intentional torts
occur when the defendant takes an action intending certain consequences or knowing they are likely to result share the intent not to harm but, rather, to engage in a specific act, which ultimately results in an injury to another. motive not required to prove liability. assumes people intend the normal consequences of their actions
strict-liability torts
occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes
fraudulent misrepresentation
occurs when a party uses intentional decrepit to facilitate personal gain must demonstrate: 1. someone knowinigly or with reckless disregard for the truth, misrepresented material facts and conditions 2. the defendant intended to have other parties rely on the misrepresentation (intended to cause reliance) 3. the injured party reasonably relied on the misrepresentation 4. the injured party suffered damages because of this reliance 5. a direct link exists between the injured, suffered and a reliance on the misrepresentations
trespass to realty
occurs when a person intentionally: 1. enters the land of another without permission 2. causes an object to be placed on the land of another without the landowner's permission 3. stays on the land of another when the owner tells them to depart 4. refused to remove something he placed on the property that the landowner asked him to remove
private nuisance
occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property; disrupts the quiet enjoyment of a person (smells, smoke, fumes, sounds etc.)
false imprisonment
occurs when an individual is confined or restrained against his or her will for appreciable period of time
assault
occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact
false light
occurs when publicity about a person creates an impression about that individual that is not valid statements can be wholly true or partially true, its just manipulated or taken out of context to paint that person in a false light
Intentional infliction of emotional distress (IIED)
occurs when someone engages in outrageous, intentional (or should know that the) conduct likely to cause extreme emotional distress/psychological injury to another party to prove extreme, outrageous conduct business frequently find themselves sued for this type of tort when they terminate someone's employment or fail to provide a service that a consumer expected
intrusion on an individual's affairs or seclusion
occurs when someone invades a person's solitude, seclusion, or personal affairs in an area where the person has the right to expect privacy
public disclosure of private facts
occurs when someone publicizes a private fact about another that a reasonable person would find highly offensive, truth is not a defense
appropriation for commercial gain
occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's permission; advertisement tort
licensing
one way to avoid litigation and use another's trademark. this is an agreement or contract permitting the use of a trademark, copyright, patent, or trade secret for certain purposes. the licensee usually pays fees, or royalties, for the privilege of using intellectual property
other free trade agreements
one with Columbia and Panama. Columbian agreements requires exchange of tax information and panama agreement incorporates insurances on labor rights
in article 1 and 2 of COPUS
outer space is declared to be free for exploration and use of all nations. space objects are used for peaceful purposes
misuse of legal procedure
proactively limit frivolous litigation and they try to rectify harm done to a party through inappropriate litigation
stored communications act (SCA)
prohibits intentional and unauthorized access to stored electronic communications and sets forth criminal and civil sanctions for violators
fair report privilege
protects the media the defamatory material is published in an article based on an official report must satisfy two conditions: 1. report must be an official proceeding and 2. the report must be complete and accurate for fair abridgment of the official proceeding
statutes of repose
provide additional statutory defense by barring actions arising more than a specified number of years after the product was purchased longer than statutes of limitations, generally running at least 10 years
social media
provides a means by which people can create, share, and exchange ideas and comments via the internet
the republic of Korea - US free trade agreement (KORUS FTA)
provisions in KORUS are aimed at eliminating 95% of each nation's tariffs on industrial and consumer exports from the other nation. KORUS was the largest free trade agreement that the US had entered into since NAFTA. exports have not increased as predicted to date.
generic terms
receive no protection, even if they acquire secondary meanings
international organizations
refers to an organization composed mainly of officials of member nations and usually established by treaty
damage
refers to harm or injury to a person's property
damages
refers to monetary compensation for such harm or injury
trade dress
refers to the image and overall appearance of a product and the impression created by a product's packaging. this is subject to the same laws as trademarks
typosquatting
registering a name that is a misspelling of a popular brand, such as googl.com or appple.com. typosquatting adds costs for businesses seeking to protect their domain name rights
toxic substances control act
regulates chemicals and chemical compounds that are known to be toxic
comprehensive environmental response, compensation, and liability act (aka CERCLA or Superfund)
regulates the clean-up of disposal sites in which hazardous waste is leaking into the environment
Malicious prosecution and wrongful civil proceedings
seek to compensate those wrongfully charged with either criminal or civil matters; successful plaintiffs are entitled to damages for legal fees related to the improperly brought litigation; harm to reputation, credit, standing caused by the false claims; and any emotional distress caused by the improper litigation
trespass to personal property
temporarily exerting control over another's personal property or interfering with the owners right to use it different than theft because this is temporary, take long enough to deprive owner of his or her right to use it
national pollutant discharge elimination (NPDES)
the CWA established a permit system for regulating discharges from point sources of pollution. any point source emitting pollutants into water must have a permit
the federal controlling the assault of non-solicited porn and marketing (CAN-SPAM) act
the act permits the sending of unsolicited commercial email but prohibits certain types of spamming activities, including: a false return address and the use of false, misleading or deceptive information when sending email
other space agreements
the agreement of the rescue of astronauts, the return of astronauts and the return of objects launched into outer space, the convention on international liability for damage caused by space objects, the convention on registration of objects launched into outer space
general rule of liability of ISPs
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."
pure comparative negligence
the court determines the percentage of fault of the defendant and the defendant is then liable for that percentage of the plaintiff's damages. total amount of damages is going to be reduced by the percentage of the plaintiff's fault
an EIS must analyze the following:
the impact that the action will have on the environment any adverse effects on the environment and alternative actions that might be taken any irreversible effects the action might generate
defamation
the intentional publication of a false statement harmful to an individual's reputation
distribution centers
the internet corporation for assigned names and numbers (ICANN), a nonprofit corporation, oversees the distribution of domain names and operates an online arbitration system
allows fair use
the law does not restrict the "fair use" of circumvention methods for education and other noncommercial purposes
UN committee on the peaceful uses of outer space (COPUS)
the major space law treaties were concluded by COPUS
privacy
the right to privacy is guaranteed by the bill of rights and some state constitutions
ethics
the study of ethics is what constitutes right and wrong behavior
trademark registration
trademarks can be registered with the state of federal government. a person must file an application with the US patent and trademark office marks can be registered if it is currently in commerce or if the applicant intends to put it into commerce within 6 months
two defenses for a person accused of defamation
truth and privilege
state of the art defense
used by defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time of the product was sold or produced
certification mark
used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality or other characteristic of specific goods or services
agency relationship
when a US firm that indirectly exports wants to limit involvement in an international market it will establish an agency relationship with foreign firm. the foreign firm then acts as the US firm's agent and can enter contracts in the foreign location on behalf of the principal (the US company)
trademark infringement
whenever a trademark is used in its entirety by someone else, the trademark has been infringed. this means the owner of the trademark has a cause of action against the infringer. infringement does not need to be intentional
licensing
a US firm may license a foreign manufacturing company to use its copyrighted, patented, or trademarked intellectual property or trade secrets. Basically, licensing allows the foreign firm to use an established brand name for a fee
When a legislature enacts a new law, it is usually very general and up to _______ to implement them
administrative agencies
statutory code
primary source of law in a civil law system. courts interpret the code and apply the rules to individual cases, but courts may not depart from the code and develop their own laws
section 1603 of FSIA
a foreign state includes both a political subdivision of a foreign state and an instrumentality of a foreign state. an instrumentality includes any department or agency of any branch of a government section 1603 broadly defines a commercial activity as a regular course of commercial conduct, a transaction, or an act that is carried out by a foreign state within the US
international organizations adopt resolutions
adopt resolutions, declarations, and other types of standards that often require nations to behave in a particular manner. disputes with respect to these resolutions and declarations may be brought before the International Court of Justice. A court, however, normally has authority to settle legal disputes only when nations voluntarily submit to its jurisdiction
the final rule
after the comments are reviewed, the agency publishes the final rule in the federal register. must contain a concise general statement of basis and purpose. Final rules have binding, legal effect unless the courts overturn them later
import controls
all nations have restrictions of imports, and US is no exception. Restrictions include strict prohibitions, quotas and tariffs
delegation doctrine
allows Congress to establish administrative agencies and delegate to them the power to create rules for implementing laws
bilateral agreement
an agreement formed by two nations to govern their commercial exchanges or other relations with one another
treaty
an agreement or contract between two or more nations that must be authorized and ratified by the supreme power of each nation
manufacturing abroad
an alternative to direct or indirect exporting. there are several ways in which an American firm can manufacture in other countries. they include licensing and franchising, as well as investing in a wholly owned subsidiary or a joint venture
antidumping duty
an extra tariff assessed on the imports to prevent the sale of imported goods at less than fair value to undersell US businesses and obtain a larger share of the US market
international customs
article 38(1) of the statute of the international court of justice refers to an international custom as "evidence of a general practice accepted as law"
foreign investment protections
because the possibility of confiscation may deter potential investors, many countries guarantee compensation to foreign investors if their property is taken. a guaranty can be in the form of national constitutional or statutory laws or provisions in international treaties
the act of state doctrine when a foreign government seizes property
doctrine may immunize a foreign government's actions. individuals that own property overseas generally have little legal protection against government actions in countries which they operate
subsidiaries
establish a wholly owned subsidiary firm in a foreign country. in many European countries, a subsidiary would likely take the form of a société anonyme (S.A.), which is similar to a US corporation. In German speaking nations, it would be called an Aktiengesellschaft (A.G.). When a wholly owned subsidiary is established, the parent company remains in the US. the parent maintains complete ownership of all of the facilities in the foreign country, as well as total authority and control over all phases of the operation
Two types of administrative agencies
executive agency and independent regulatory agency
congress can use other devices to restrict or encourage exports including:
export quotas: congress sets export quotas, or limits, on various items, such as grain being sold abroad restrictions of technology exports: under the export administration act of 1979, the flow of technologically advanced products and technical data can be restricted incentives and subsidies: the US also uses incentives and subsidies to stimulate exports and thereby aid domestic businesses
agency orders
following a hearing, the AJL renders an initial order, or decision, on the case can appeal to the board or commission that governs the agency if still not happy, can appeal to the federal appellate court if no parties appeal, the AJL's decision becomes the final order
what government can enforce national law?
if a nation violates an international law and persuasive tactics fail, other countries of international organizations have no recourse except to take coercive actions. Coercive actions include economic sanctions, severance of diplomatic relations, boycotts, and, as last resort, war against the violating nation
joint ventures
in a joint venture, the US company owns only part of the operation. the rest is owned either by local owners in a foreign country or by another foreign entity. all of the firms involved in a joint venture share responsibilities, as well as profits and liabilities
executive agencies
include cabinet departments of executive branch assist the President in carrying out executive functions usually have one director appointed by the President and they can be removed at any time
a systematic approach to business ethics
inquiry: understanding and identifying the problem and list consequences discussion: list possible actions decision: create a plan of action justification: articulates the reason for their decision evaluation: see if the solution was effective
legistlative rules
legally binding as laws that Congress passes, only agencies that the Constitution does not specifically refer to can pass these
Two powers of administrative agencies
legislative rules interpretive rules
business ethics is consistent only in ___________
long-run profit maximization in the short-run, business may increase profits by continuing to sell even though they know it is defective. In the long-run, this will hurt profits because of lawsuits, settlements and bad publicity
the hearing
may involve a trial-like arbitration procedure before the administrative law judge (AJL) the role of the AJL is to determine the facts and take the testimony. Even though they work for the agency, they must be unbiased
expropriation
occurs when a government seizes a privately own business or privately owned goods for a proper public purpose and awards just compensation.
independent regulatory agencies
outside the federal executive branch officers hold fixed terms and cannot be removed from office without just cause
international trade association (ITA)
part of the department of commerce, decides whether imports were sold at less than fair value. fair value is determined by the domestic price of the goods in the exporting country
foreign corrupt policies act
prohibits US businesses from bribing foreign officials. if they area minor official, it is okay to "grease them" and speed up the process
warrants
protected by the fourth amendment some firms may be searched at all times with no warrant (firearms and liquor) also lawful for dangerous practices such as coal mines, or any other emergency situation
article 1 section 9 of US constitution
provides that "no tax or duty shall be laid on articles exported from any state." thus, Congress cannot impose any export taxes
trade barriers
restrictions on imports
duty-based ethics
rooted in the idea that every person has certain duties to others, including both humans and the planet. religious ethical principles
the act of state doctrine
the act of state doctrine is another important international 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
notice of proposed rulemaking
the agency publishes a notice of the proposed rulemaking in the federal register
the burden of the demand on the party whom the information is sought
the cost to the organization for copying documents may become burdensome
common law systems
the courts independently develop the rules governing certain areas of law, such as torts and contracts. These common law rules apply to all areas not covered by statutory law
utilitarianism
the greatest good for the greatest number a determination of which individuals will be affected by the action in question. A cost-benefit analysis, which analyzes the negative and positive effects of alternative actions. A choice among alternative actions that will produce maximum societal utility (greatest positive net benefits for the most amount of people)
national law
the law of a particular nation. in some ways, national laws that involve property rights, border searches, regulations, and taxes effectively become international law when they are applied at a nation's borders
when making decisions, businesses need to evaluate:
the legal implications of each decision the public relations impact the safety risks for consumers and employees the financial implications
franchising
the owner of a trademark, trade nam, or copyright (the franchisor) licenses another (the franchisee) to use the mark, name, or copyright, under certain conditions, in the selling of goods or services
principle of comity
the principle of comity basically refers to legal reciprocity. one nation will defer and give effect to the executive, legislative, and judicial acts of another country, as long as the acts are consistent with the law and public policy of the accommodating nation
limits on agency demands
the purpose of the investigation the relevance of the information being sought the specificity of the demand the burden of the demand on the party whom the information is sought
prohibitions
trading with the enemy act says no goods may be imported from nations that are designated enemies of the US. other laws prohibit important of illegals products and products that infringe US patents. US patent infringement is investigated by the international trade commission
Business ethics
typically looks at the decisions made by companies and whether they are right or wrong, has to do with how businesses apply moral principles to business decisions
procedure differences in civil law and common law
unlike common law judges, civil law judges often actively question witnesses
distribution agreement
when a foreign country represents a substantial market, a US firm may wish to appoint a distributor in that country. The US firm and distributor enter into a distribution agreement. this is a contract setting out the terms and conditions of the distributorship, such as price, currency of payment, guarantee of supply availability, and method of payment
a foreign state will not be immune in the following situations
when a foreign state has waived its immunity either explicitly or by implication when a foreign state has engaged in commercial activity within the US or in commercial activity outside the US that has a direct effect in the US when a foreign state has committed a tort in the US or have violated certain international laws when a foreign state that has been designated a "state sponsor of terrorism" is sued under the FSIA for "personal injury or death that was caused by an act of torture" or a related act of terrorism
