Business ethics for managers final
Laws based on the Restatements that cover individuals who are injured by a product are known as ______ laws.
product liability
The application process for patents is called __ a patent, which typically has three major stages.
prosecuting
In the tort of negligence, the element of ________ is whether there was a link between the breach of duty and the damages suffered by the injured party.
proximate cause
If a defamation victim is a _______, such as a candidate for political office, the defamation must have been committed with _______ or reckless disregard for the truth.
public figure, malice
One of the key elements to prove defamation is _________ or dissemination to a third party.
publication
Intellectual property is an umbrella term for the legal property rights except:
real property
A fundamental part of the protections provided by the Fourth Amendment is that its protections are based on whether an individual's __________ expectation of privacy has been violated by government authorities.
reasonable
Tort law also applies when one party fails to act _______ and harm occurs, even though that party did not intend for harm to occur.
reasonably
If an employer acts with _______ for the safety of its employees, the injured employee may bypass the workers' compensation system and sue the employer for a full recovery including _______ damages.
reckless disregard, punitive
Although copyrighted works may be _______ with the U.S. Copyright Office, the creation of the work itself _______ confer(s) a copyright on the material. (Choose two correct answers)
registered, automatically
The federal LMRDA does three things: _______. (Choose three best answers)
regulates the internal operating procedures of a union gives NLRB additional oversight over internal union governance requires extensive financial disclosures by unions
States may not __________ the federal constitutional rights of individuals.
repeal
Corporate principals are often included in criminal statutes that require officers and directors to act as _______.
responsible corporate officers
Business managers may encounter tortious interference with contracts in the context of _______.
restrictive covenants
One of the primary questions facing a business in deciding whether its information should be kept a trade secret or patented, is the possibility of whether the invention can be _______.
reverse engineered
The Labor Management Relations Act of 1947 authorizes states to enact _______ laws, which make it illegal for employers to agree with unions that _______ is required for continued employment. (Choose two correct answers)
right-to-work, union membership
Which of the following describes a literal patent infringement where the infringed device does more than is described in the patent application of the protected invention?
rule of addition
A(n) _______ exception allows a law enforcement officer who has lawfully arrested a defendant to search the defendant's person without obtaining a _______.
search incident to an arrest, warrant
Even if the act and mental state are proven, the law provides that _______ is a defense to a criminal charge of homicide.
self-defense
The adjudicative phase of the criminal justice process includes each of the following components except
setting bail.
The objective of OSHA is to make the workplace as safe as possible for workers, including _______. (Choose all the correct answers)
setting national standards mandating warnings for hazardous work
The Supreme Court has ruled that certain business records of a(n) _______ could be considered private papers because she is an alter ego of the owner.
sole proprietor
A mark holder can send a(n) _______ to the alleged infringer asking them to discontinue their use of the mark or face potential legal action.
"cease and desist" letter
McDonald has invented a machine that harvests corn in the field, automatically shucks the corn from the husk, and peels the kernels from the cob, separating everything for easy disposal or further use. Assuming that all requirements are met for a patent, the length of his patent protection will be
20 years from the filing of the application with the U.S. Patent and Trade Office.
The FLSA sets a standard workweek at _______ hours in a _______-day period and an employee is entitled to overtime compensation for any hours worked in excess of the standard workweek.
40, seven
If an employer offers retirement benefits, they are typically offered in the form of a(n) _______ or a(n) _______ plan. (Choose two correct answers)
401(k) pension
The Family and Medical Leave Act applies to employers with a minimum of
50 full-time employees.
The PPACA requires employers with _______ or more full-time employees to purchase health care insurance for their employees or face a penalty, plus it offers small-business owners with _______ or fewer employees, immediate tax benefits.
50, 25
The Restatements set out a/an __________-factor test to determine whether abnormally dangerous activities trigger strict liability for any harm caused by the activity.
6
Mary Beth has written a novel. Copyright protection regarding her work will be for
70 years after her death.
The FMLA is administered by the Department of Labor and applies to employers with _______ within _______ miles. (Choose two correct answers)
75 miles 50 or more employees
No Electronic Theft (NET) Act
A 1997 statute that increased the criminal penalties for violation of the Copyright Act.
Strict liability
A category of torts in which a tortfeasor may be held liable for an act regardless of intent or willfulness; applies primarily to cases of defective products and abnormally dangerous activities.
Intentional torts
A category of torts in which the tortfeasor was willful in bringing about a particular event that caused harm to another party.
Negligence
A category of torts in which the tortfeasor was without willful intent in bringing about a particular event that caused harm to another party.
Tort
A civil wrong in which one party's action or inaction causes a loss to be suffered by another party.
Strike
A concerted and sustained refusal by workers to perform some or all of the services for which they were hired in order to induce the employer to concede certain contract terms during collective bargaining or to engage in fair labor practices.
Fair use
A defense against copyright infringement when a product or service has substantial noninfringing uses or when a work is protected due to its parody, academic, factual reporting, or satirical purposes.
Qualified privilege
A defense to a defamation claim whereby the defendant must offer evidence of good faith and be absent of malice to be shielded from liability; provided for the media and employers.
Absolute privilege
A defense to a defamation claim whereby the defendant need not proffer any further evidence to assert the defense; provided to government officials, judicial officers and proceedings, and state legislatures.
Mental incapacity (Criminal law)
A defense to avoid criminal liability whereby the defendant's actions are related to some type of mental disease or defect.
Self-defense
A defense to avoid criminal liability whereby the defendant's actions are related to the necessity of using deadly force to repel an attack in which the defendant reasonably feared that death or substantial harm was about to occur either to the defendant or to a third party.
Assumption of the risk
A defense to claims of negligence in which the injured party knew that a substantial and apparent risk was associated with certain conduct and the party went ahead with the dangerous activity anyway.
Comparative negligence
A defense to claims of negligence in which the injured party's conduct has played a factor in the harm suffered and, thus, the proportion of negligence should be divided.
Plain view doctrine
A doctrine stating that authorities generally do not commit a Fourth Amendment violation when a government agent obtains evidence by virtue of seeing an object that is in plain view of the agent.
Doctrine of equivalence
A doctrine that allows the courts to find patent infringement when an invention, compared with a patented device, performs substantially the same function in substantially the same way to achieve the same result.
Foreign Corrupt Practices Act (FCPA)
A federal criminal statute enacted principally to prevent corporate bribery of foreign officials in business transactions.
Federal Unemployment Tax Act (FUTA)
A federal law enacted in 1935 that established a state-administered fund to provide payments to workers who have suffered sudden job loss; funded through employment taxes shared by employer and employee.
National Labor Relations Act (NLRA)
A federal law enacted in 1935 that provides general protections for the rights of workers to organize, engage in collective bargaining, and take part in strikes and other forms of concerted activity in support of their demands. Also known as the Wagner Act.
Fair Labor Standards Act (FLSA)
A federal law enacted in 1938 and intended to cover all employers engaged in interstate commerce; mandates payment of a minimum wage, a maximum 40-hour workweek, overtime pay, and restrictions on children working in certain occupations and during certain hours.
Labor-Management Reporting and Disclosure Act
A federal law enacted in 1959 that established a system of reporting and checks intended to uncover and prevent fraud and corruption among union officials by regulating internal operating procedures and union matters. Also known as the Landrum-Griffin Act.
Occupational Safety and Health Act (OSHA)
A federal law enacted in 1970 that sets forth workplace rules and regulations to promote the safety of workers and prevent workplace injuries.
Employee Retirement Income Security Act (ERISA)
A federal law enacted in 1974 consisting of a comprehensive set of laws and regulations that requires employers to make certain disclosures related to investment risk, thus providing transparency for plan beneficiaries.
Electronic Communications Privacy Act (ECPA)
A federal law enacted in 1986 that extends legal protection against wiretapping and other forms of unauthorized interception and explicitly allows employers to monitor employee communications on company equipment as long as this is done in the ordinary course of business or the employee consents to the monitoring.
Family and Medical Leave Act (FMLA)
A federal law enacted in 1993 that requires certain employers to give time off to employees to take care of their own or a family member's illness or to care for a newborn or adopted child.
Federal Trademark Dilution Act
A federal law enacted in 1995 that permits mark holders to recover damages and prevent others from diluting distinctive trademarks.
Social Security Act (SSA) of 1935
A federal law providing a broad set of benefits for workers, including a retirement income; funded by mandatory employment taxes paid into a trust fund by both employer and employee and administered by the federal government.
Employee Polygraph Protection Act
A federal law that prohibits most private sector employers from requiring a polygraph test as a condition of employment.
Labor Management Relations Act
A federal law, enacted in 1947 as an amendment to the NLRA, that prohibits requiring employees to join or continue membership in a union as a condition of employment. Also known as the Taft-Hartley Act.
Copyright
A form of protection for an original work of authorship fixed in any tangible medium of expression.
Actual damages
A fundamental element that must be proved to recover in a negligence lawsuit against a tortfeasor: The injured party must prove that she suffered some physical harm that resulted in identifiable losses.
Overtime compensation
A higher rate of pay for the hours that nonexempt employees work in excess of 40 hours in one seven-day workweek; calculated at one and one-half times the employee's hourly base rate.
Cease and desist letter
A letter sent to alleged infringers asking them to discontinue use of the mark or face potential legal action.
Creative commons license
A license that allows others to adapt, profit from, and copy a work.
Open source license agreement
A license that permits others to use and modify copyright-protected software.
Merchant's privilege
A narrow privilege, provided for in the Restatements, that shields a merchant from liability for temporarily detaining a party who is reasonably suspected of stealing merchandise.
Trademark
A nonfunctional, distinctive word, name, shape, symbol, phrase, or combination of words and symbols that helps consumers to distinguish one product or service from another.
Adjudication
A phase of the criminal justice system in which the prosecutor, after investigation, elects to proceed with the charges.
Probable cause
A reasonable amount of suspicion supported by circumstances sufficiently strong to justify a belief that a person has committed a crime.
Pension
A retirement benefit in which the employer promises to pay a monthly sum to employees who retire from the company after a certain number of years of service. The amount is ordinarily based on the length of service and the employee's final salary rate.
Tax-deferred retirement savings account
A retirement savings plan in which the employee commits to saving a certain percentage of base pay in an account that is controlled directly by the employee. The funds grow tax-free until they are withdrawn.
Nonobviousness standard
A standard requiring that an invention must be something more than that which would be obvious, in light of publicly available knowledge, to one who is skilled in the relevant field.
Patentable subject matter standard
A standard that prevents laws of nature, natural phenomena, and abstract ideas from being patentable.
Right-to-work law
A state law prohibiting employers from requiring that employees join a union to continue working and that nonunion employees contribute to certain union costs such as the cost related to collective bargaining.
Patent
A statutorily created right that allows an inventor the exclusive right to make, use, license, and sell her invention for a limited amount of time.
Novelty standard
A statutory standard to determine whether an invention is unique and original.
Model Penal Code (MPC)
A statutory text adopted by the American Law Institute in 1962 in an effort to bring greater uniformity to state criminal laws by proffering certain legal standards and reforms.
Vicarious infringement
A theory of copyright infringement in which the infringing party (the agent) is acting on behalf of, or for the benefit of, another party (the principal). In such cases, the principal is vicariously liable.
Indirect infringement
A theory of copyright infringement under which a third party has knowledge of the infringement and contributes to it in some material way; also known as contributory infringement.
Direct infringement
A theory of copyright infringement under which the copyright owner proves that she has legal ownership of the work in question and that the infringer copied the work without permission.
Trade libel
A tort in which a competitor has made a false statement that disparaged a competing product.
Picketing
A union's patrolling alongside the premises of a business to organize the workers, to gain recognition as a bargaining agent, or to publicize a labor dispute with the owner or whomever the owner deals with.
Election
A vote by the entire bargaining unit to accept or reject unionization.
Drug and alcohol testing raises important issues regarding the rights of an employee under the _______.
ADA
National Labor Relations Board (NLRB)
An independent federal agency created by the NLRA and charged with administering, implementing, and enforcing NLRA provisions, as well as monitoring union elections for fraud and setting guidelines for employers and unions in regard to fair labor practices.
Restatement of Torts
An influential document issued by the American Law Institute (ALI) that summarizes the general principles of U.S. tort law and is recognized by the courts as a source of widely applied principles of law. The ALI has amended the Restatements twice, resulting in the Restatement (Second) of Torts and the Restatement (Third) of Torts.
Intellectual property
An umbrella term for the legal property rights related to trade secrets, patents, copyrights, and trademarks.
Angela sued Tom for battery. Angela was awarded $30,000 for future medical expenses. Five years after the award, Angela realizes that her medical expenses will far exceed $30,000. Under the single recovery principle,
Angela will have no recourse against Tom or the court for the medical expenses as long as the original award was reasonable.
Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products and knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. Which statement is correct?
E-presto is liable for tortious interference with a contract
The _______ updated existing wiretap laws and restricts an employer from monitoring an employee's personal calls without the employee's consent.
ECPA
The _______ prohibits _______ employers from requiring a polygraph (lie detector) test as a condition of employment.
EPPA, private sector
If employers establish either a pension fund or a retirement savings plan, the employer is subject to the requirements of a federal statute called _______.
ERISA
Nonexempt employees
Employees who are protected by the FLSA and other statutes.
John was driving home one night in a terrible snow storm when his car stalled. He managed to push the car onto a small shopping center's parking lot. The next day about noon he came to get the car and it had been towed away by the owner of the parking lot. The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed. Which statement is correct?
Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property.
__________ knowledge is knowledge that is recorded and available for the company's interpretation, application, and reproduction.
Explicit
Intellectual asset
Explicit knowledge that is not yet intellectual property.
The _______ is a criminal antibribery statute that was enacted principally to prevent corporate bribery of foreign officials in business transactions.
FCPA
The SSA benefits are funded by mandatory employment taxes under _______.
FICA
The _______ sets out basic protections for workers who need a brief leave from work to care for themselves or an immediate family member.
FMLA
One of the most important aspects of New Deal legislation was the enactment of various employment laws, one of which was the __________.
Fair Labor Standards Act
True or false: Employers are required to establish retirement plans for their employees, especially for the high-quality employees.
False
Mail Fraud Act
Federal legislation enacted in 1990 that criminalizes any fraud in which the defrauding party uses the mail or any wire, radio, or television in perpetrating the fraud.
Computer Fraud and Abuse Act (CFAA)
Federal legislation that prohibits unauthorized use of computers to commit espionage, the accessing of unauthorized information or of a nonpublic government computer, fraud by computer, damage to a computer, trafficking in passwords, and extortionate threats to damage a computer.
_______ generally carry one year or more of incarceration as the penalty whereas _______ carry up to one year of incarceration as the penalty.
Felonies, misdemeanors
If an individual believes that any statement or testimony may incriminate her in a criminal case, she may decline to testify on _______ Amendment "right to remain silent" grounds.
Fifth
Act requirement
For criminal liability, the requirement that the government prove that a defendant's actions objectively satisfied the elements of a particular offense. Also called actus reus.
Once an individual or her property is in public, privacy expectations are diminished and _______ Amendment protections become more limited in scope.
Fourth
Understanding criminal procedure in a business environment, means focusing on protections found in the _______ and _______ Amendments. (Choose two best answers)
Fourth Fifth
_______ is recognized as a tort when the innocent party relies on a material misstatement of fact in a contract and suffers a pecuniary loss.
Fraud
In Metro-Goldwyn-Mayer Studios v. Grokster, Ltd., Grokster claimed a fair use exception to the copyright infringement claim because its process was such that it was impossible for Grokster to know if the users of its device were infringing or not. Which of the following was the outcome?
Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights.
Tacit knowledge
Highly individualized knowledge that is hard to replicate or even explain.
Grievance
In labor law, a complaint filed with or by a union to challenge an employer's treatment of one or more union members.
Certify
In labor law, to recognize a collective bargaining unit as a union. The NLRB's certification process occurs when a legally sound election reveals a simple majority of pro-union votes.
________ is an umbrella term for the legal property rights related to trade secrets, patents, copyrights, and trademarks.
Intellectual property
__________ rights can emerge from the flow of knowledge.
Intellectual property
Willful patent infringement
Intentional patent infringement that merits higher damages due to bad behavior.
Identify the words contained in a criminal statute to express the guilty mind requirement.
Knowingly Wantonly Intentionally
Explicit knowledge
Knowledge that is recorded and available for a company's interpretation, application, and reproduction.
Mental element
Known as the guilty mind requirement, criminal statutes require a defendant to have a requisite degree of mental culpability to be convicted.
Which of the following is also called the Taft-Hartley Act?
Labor Management Relations Act
The _______ Act protects an holder's (owner's) registered _______ from use without the owner's permission.
Lanham, trademark
Portal-to-Portal Act
Legislation that provides guidelines for what constitutes compensable work under the FLSA's wage and hour requirements.
Conspiracy requires a(n) _______ intent to achieve the object of the conspiracy but does not require that the _______ actually be carried out.
specific, act
In a products liability case, the plaintiff has the option of three different legal theories she may pursue against the tortfeasor: _______. (Choose three best answers)
strict liability negligence warranty
Under the _______ rule, one who negligently manufactures a product is liable for any injuries to persons (and, in some limited cases, property) proximately caused by the negligence.
MacPherson v. Buick
Which of the following is an example of a suggestive trademark?
Netflix
Likelihood of confusion
Requirement that a mark holder prove that the trademark infringement would likely cause confusion among reasonable consumers.
Generally, tort law is governed by _______ law principles and the _______ of Torts.
Restatement common
Sasha is broke but needs a gown to go to a formal dance sponsored by her company. She goes to a local dress shop and purchases an expensive gown she cannot afford. She wears the gown to the event, tucking in and hiding the price tag rather than removing it. She dances all night and the next day goes back to the shop and returns the dress. The store's policy is that it will accept returns for 30 days as long as the price tag is still attached.
Sasha has not acted ethically because this is not an accepted act in the general society.
Authorization cards
Signed statements by employees indicating that they wish to unionize and/or are electing to be represented by an existing union.
Preponderance of the evidence
The burden of proof used in civil cases, under which the fact finder need be convinced only that the defendant's liability was more likely than not to be true.
Royalty
The fee paid by a licensee to the licensor in a license agreement.
Beyond a reasonable doubt
The heightened burden of proof used in criminal cases, under which a fact finder must be convinced that the defendant's criminal liability is not in doubt to a reasonable person.
Misappropriation
The improper acquisition or disclosure of a trade secret.
Investigation
The initial phase of the criminal justice process in which authorities become aware of an alleged criminal act and begin gathering physical evidence and interviewing witnesses and potential suspects.
Intellectual capital
The knowledge, skills, education, training, know-how, and creativity of individuals.
Bronwyn sues her former employer for discrimination. Which of the following information is generally not discoverable during litigation?
The notes of Bronwyn's attorney.
Mike has written a novel. When, if ever, would Mike's novel be copyright protected?
The novel is copyrighted automatically after completion.
Licensor
The owner of copyrighted, patented, or trademarked material
Licensee
The party who is authorized to use intellectual property in a license agreement.
Collective bargaining
The process of negotiating terms and conditions of employment for employees in the collective bargaining unit.
Burden of proof
The responsibility of producing sufficient evidence in support of a fact or issue and favorably convincing the fact finder of that fact or issue.
Tortious conduct
The wrongful action or inaction of a tortfeasor.
_______ such as processes, formulas, methods, procedures, and lists can be valuable assets that allow companies to obtain a competitive advantage.
Trade secrets
Trade dress
Trademarks that include a product's shape or the color combination of its packaging.
Service marks
Trademarks used to identify business services.
Which of the following is not a common law felony?
Treason
True or false: Courts have held that authorities generally do not commit a Fourth Amendment violation when a government agent obtains evidence by virtue of seeing an object that is in plain view.
True
True or false: Even though FLSA sets a minimum wage of $7.25 per hour, states are permitted to set a higher minimum wage level for employees working within their jurisdiction.
True
True or false: If an invention can be relatively easily reverse engineered, a patent would be the best option.
True
True or false: In the In re Tam case, the U.S. Court of Appeals for the Federal Circuit held that Section 2a of the Lanham Act violated the 1st Amendment and was unconstitutional.
True
The FLSA is administered and enforced by the federal agency known as the _______.
U.S. Department of Labor
Libel
Written defamation in which someone publishes in print (words or pictures), writes, or broadcasts through radio, television, or film an untruth about another that will do harm to that person's reputation for honesty or subject a party to hate, contempt, or ridicule.
Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress?
Yes, as his conduct was intentional
Suppose Harry purchases a new Ford truck from a dealer. Two weeks later Harry is injured when the wheel breaks on the highway, causing Carol in another vehicle to be injured. Under the MacPherson rule, is Ford liable for Carol's injuries?
Yes, if Harry can prove negligence, Ford will be liable for Carol's injuries as well.
Contract law allows a contract to be canceled if a party makes false representations concerning _______.
a material fact
The Restatement set out a six-factor test for ________ activities that may trigger strict liability.
abnormally dangerous
Strict liability is recognized in the Restatements primarily for _______ and for _______. (Choose two best answers)
abnormally dangerous activities defective products
Privilege can be either _______ (defendant need not offer any further evidence to assert the defense), or _______ (defendant offers evidence of good faith with no malice).
absolute, qualified
A public figure must provide evidence that a defamer had '_______' the statement was false or had a _______ for the truth.
actual knowledge, reckless disregard
The act requirement of a criminal violation, called the ________, requires the government to prove that a defendant's actions objectively satisfied the elements of a particular offense.
actus reus
Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?
adam committed an assault and a battery
The criminal justice system is best thought of as one process that operates in two phases: _______ and _______. (Choose two correct answers)
adjudication investigation
Courts have allowed liability to exist for corporations so long as the prosecutor can prove that the corporation's _______ - not just the _______ management - were engaged in criminal conduct on behalf of the company
agents, executive
Design patents are mainly concerned with protecting the _______ of an article.
appearance
If sufficient evidence creates enough probable cause to indicate the culpability of a suspect, law enforcement officers can obtain a(n) ______.
arrest warrant
A tortfeasor (defendant) can assert the defense of _______ when the plaintiff knows that a substantial and apparent risk is associated with certain conduct, and the plaintiff proceeds anyway.
assumption of the risk
When an injured party knows that a substantial and apparent risk is associated with certain conduct, and the party goes ahead with the dangerous activity anyway, the Restatements allow the tortfeasor to assert the defense of:
assumption of the risk
Generally a group of employees organizes an effort to have other workers sign _______ cards indicating that they wish to form or join a local union.
authorization
Courts use the _______ model defined in the Polaroid v. Polarad case to determine whether a likelihood of confusion exists.
balancing
A _______ may be employees of a single employer or those of an entire region or industry.
bargaining unit
If a product is proven to _______, a plaintiff need only show that the defective product was the cause of the injuries and that the product caused an actual injury that resulted in damages.
be unreasonably dangerous
When an employee is using an employer's computer system, the employer has the right to: _______. (Choose all the apply)
block specific Internet sites track websites count keystrokes and mouse clicks
A trade secret is obtained through improper means if it is acquired by: (Choose all that apply)
bribery breach of contract theft
A significant difference between criminal cases and civil cases is the _______.
burden of proof
To obtain a license, one typically must apply in the office of __________ of any state in which the work will be performed.
business regulation
In a civil case, the plaintiff needs to prove her case _______ that the defendant committed a civil wrong.
by a preponderance of evidence
The fact that the actual negligent act must directly cause the injury is called the
cause in fact.
In order for an injured party to recover damages for tortious interference with contract, the tortfeasor must have : ________. (Choose all that are correct)
caused specific damages to the injured party actively interfered with the contract specific knowledge of the contract
Congress enacted the Labor-Management Reporting and Disclosure Act of 1959, which established a system of _______ and _______ intended to uncover and prevent fraud and corruption among union officials. (Choose two best answers)
checks reporting
Children in _______ and _______ are not subject to FLSA restrictions, as long as appropriate educational standards to be met through the use of tutors and homeschooling. (Choose two correct answers)
child actors family agricultural jobs
Under the NLRA, _______ is the process of negotiating an agreement on behalf of an entire workforce as opposed to individuals negotiating privately on their own behalf (or not negotiating at all).
collective bargaining
Runyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett's sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well being is more important to him than the job, so he does not accept the position. LaPrise
committed tortious interference with a prospective advantage
If the plaintiff's conduct play a factor in the harm suffered, the Restatements allow the defendant to assert the defense of _______ negligence and apportion the damages accordingly.
comparative
In cases in which the injured party's conduct has played a factor in the harm suffered, the Restatements allow the tortfeasor to assert the defense of __________ negligence.
comparative
While criminal statutes are intended to punish and deter the wrongdoer, the common law of torts is primarily intended to provide __________ for the victim.
compensation
At large companies, part of the management team may include __________ assigned to coordinate monitoring and ensure that employees are following all company e-mail and Internet policies.
compliance officers
The Labor Management Relations Act of 1947 prohibited employers and employees from agreeing that union membership is a(n): _______.
condition for employment
To prevail on a claim of trademark infringement under the Lanham Act, the mark holder has the burden of proving that the infringement would likely cause _______ among _______ consumers.
confusion, reasonable
What could companies require employees to sign with regard to telephone calls or voicemail at work?
consent to be monitored
White-collar crimes usually signify criminal violations by corporations or individuals, including: _______. (Choose all that apply)
conspiracy bribery fraud
Under the exclusionary rule, trial courts are required to exclude presentation of any evidence against the defendant that is obtained as a result of a(n) _______.
constitutional violation
To derive copyright protection, a work must meet a three-part test: _______. (Choose three correct answers)
creativity fixed in a durable medium originality
While the UTSA does not include any _______ sanctions for _______ many states have added separate statutes that do. (Choose two correct answers)
criminal, misappropriation
Criminal statutes are designed to protect society, and the violation of a criminal law results in a penalty to the violator, such as a fine or imprisonment, based on the wrongdoer's level of __________.
culpability
Prosecuting a patent has the following major steps: _______. (Choose all that apply)
database search provisional application nonprovisional application
Generally a defendant can use _______ to repel an attack when she fears that death is about to occur either herself or to a third party.
deadly force
When a copyright holder adapts the work, the adaptations are referred to as _______.
derivatives
There are three types of patents: _______. (Choose three correct answers)
design plant utility
A proposed federal bill forbidding employers from requesting user names and passwords, called the Password Protection Act, was introduced in 2015, it then __________.
died in committee.
The key requirement for a protectable trademark is the ________ that indicates the product's source.
distinctiveness
Generally, an injured worker is not entitled to workers' compensation if the injury was intentionally self-inflicted or resulted from _______. (Choose all the correct answers)
employee's willful misconduct knowing violation of safety rules drug use
A significant advantage of trade secret protection over other forms of intellectual property (such as patents and copyrights) is that generally, protection does not _______.
expire
The landmark case of Sony v. Universal Studios affirmed the most common and powerful defense to copyright infringement: _______.
fair use
ERISA establishes rules for: _______. (Choose all the correct answers)
fiduciary standards conflicts of interest
The patent statute delineates the guidelines for a novelty standard as follows: _______. (Choose all the correct answers)
filing within a reasonable time public use priority for inventors
Union contracts normally specify the means of arbitrating union _______ against an employer action or practice.
grievances
To trigger protection under workers' compensation laws, the injury must: _______. (Choose two correct answers)
have been accidental have occurred within the scope of employment
Courts only allow recovery for tortious interference with prospective advantage under limited circumstances where the tortfeasor's conduct was _______.
highly anticompetitive
Although not legally required, registration of the copyright with the Copyright Office gives its owner the right to bring a(n) _______ action in federal court.
infringement
Generally, defamation can include ______ or _______.
libel slander
Most states require many professionals to be _______ to perform the work legally, and businesses must comply with these requirements before allowing the worker to engage in certain areas of employment.
licensed
Patent infringement occurs in one of two ways: _______ or _______. (Choose two correct answers)
literal infringement equivalence
A merchant's privilege is limited by: ______. (Choose all correct answers)
location coercion for payment length of detention
The Greenman v. Yuba Power Products case held that "a _______ is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a _______ which causes injury to a human being." (Choose two best answers)
manufacturer defect
In certain cases of fraud, active concealment of a(n) ______ fact, versus a(n) _______ false representation, may also constitute fraud.
material, affirmative
The mental element, called the _______, which translates literally as "guilty mind" requires that the defendant have a requisite degree of culpability with regard to each element of a given crime.
mens rea
A(n) _______ is a defense that gives the merchant the right to briefly detain a suspected shoplifter as long as the merchant _______ the suspected shoplifter. (Choose two best answers)
merchant's privilege does not coerce
Patent rights are important for the entire business community because it offers full legal protection of their _______, ______, and _______. (Choose three correct answers)
methods inventions ideas
The FLSA establishes a(n) _______ wage, currently $_______ per hour, to be paid to every employee covered under the Act.
minimum 7.25
A trade secret owner has the right to keep others from _______ or _______ the trade secret for the duration of the firm's existence. (Choose two correct answers)
misappropriating using
Most state statutes use the UTSA's definition of _______, which is acquisition of a trade secret by improper means or without knowing consent.
misappropriation
The NLRA provides general protections for the rights of workers to _______, engage in _______ bargaining, and use economic weapons (such as a _______)in the collective bargaining process. (Choose three correct answers)
strike organize collective
The NLRA specifically provides that union employees can commence a(n) _______ to induce the employer to concede certain contract terms during _______. (Choose two correct answers)
strike, collective bargaining
In order for strict liability to apply, the product must reach the end user without _______ change.
substantial
In the Sony v. Universal City Studios case, the Court held that Sony was not liable because the Betamax device could be used for ______.
substantial noninfringing uses
The Constitution requires that an impartial magistrate issue a search or arrest warrant only if _______ has been established.
sufficient probable cause
Case 11.5 Jaszczyszyn v. Advantage Health Physician Network, 2012 WL 5416616 (6th Cir. 2012)
summary of Decision and Opinion: The U.S. Court of Appeals for the Sixth Circuit affirmed the trial court's decision in favor of advantage. The court held that for a retaliation claim, a plaintiff must establish that: (1) she was engaged in an activity protected by FMLA; (2) the employer knew that she was exercising her rights under the FMLA; (3) after learning of the employee's exercise of FMLA rights, the employer took an employment action adverse to her; and (4) there was a causal connection between the protected FMLA activity and the adverse employment action. In this case, the court ruled that Jaszczyszyn failed to prove any causal connection. The evidence of fraud, in and of itself, was sufficient justification for the termination and was not related to her legitimate rights under the FMLA.
Apple cigarettes would be a case of dilution by _______ the similarity between Apple and another famous product harms the reputation of the Apple tech company with something that a consumer might find objectionable or unflattering.
tarnishment
From a legal perspective, a crime has two parts: _______, and (2) _______. (Choose two correct answers)
the defendant's physical action(s) the defendant's subjective mental state
White-collar criminals are prosecuted under federal laws that prohibit _______ for any conduct related to attempting to cover up evidence of wrongdoing.
the obstruction of justice
Which of the factors do courts use in determining whether information is a trade secret?
the value of the information to competitors amount invested to develop the information efforts to maintain trade confidentiality among employees and third-party vendors
Courts have been very reluctant to extend reasonable-expectation-of-privacy rights to _______.
the workplace
A(n) _______ is a _______ wrong in which one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.
tort, civil
Businesses are increasingly eager to protect a products "_______", a product's look-and-feel, its shape or the color combination of its packaging.
trade dress
The U.S. Patent and Trademark Office has granted protection to _______ characteristics so long as the mark holder can prove a(n) _______ back to the source product or service in the consumer's mind.
trade dress, exclusive association
The color or shape of an item, if distinctive, is
trade dress.
An injured party may sue for _______ when a competitor makes a false statement that disparages a competing product.
trade libel
Of the factors courts use in determining whether information constitutes a(n) _______ are the measures taken by the owner to guard the confidentiality of the information.
trade secret
Many types of _______, business information, and business methods are broader in scope and may not be protectable by patent or copyright laws.
trade secrets
In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.
true
Felonies generally are punishable by
twelve months or more of incarceration.
A person can be convicted of treason only by the testimony of __________ witnesses or by confession in open court.
two
The ALI has amended the Restatement of Torts:
two times
The FSLA outlaws the once-common practice of sending school-age children to work instead of to school by imposing restrictions on hiring workers _______.
under 18 years of age
Negligence occurs when a tortfeasor causes harm to an injured party by creating an _______ risk of harm, regardless of the tortfeasor's _______.
unreasonable, intent
Tort law is intended to compensate injured parties for losses resulting in harm from some _______ conduct by the _______.
unreasonable, tortfeasor
NLRA regulations prohibit employers from using threats of _______ or ______ in exchange for a nonunion vote. (Choose two correct answers)
using incentives termination or demotion
A(n) ______ patent covers the invention of any new and useful process, machine, article of manufacture, or composition of matter or any new and useful improvement, including software and hardware.
utility
Bostwick is a maintenance technician at a prominent cooking school and is in charge of repairing faulty appliances and equipment. One evening, as a result of his inspection, Bostwick discovers a gas stove with a broken valve and does a very poor job of repairing it, using techniques not considered proper or acceptable. When the morning class arrives, Kiara uses the faulty stove and is burned when it catches fire. Bostwick's negligence is based on
misfeasance.
Danny is the delivery driver for Ding-Dong Pizza, Inc. While making a delivery, he spots his ex-girlfriend crossing the street, so he accelerates his truck and hits her. In this case, Danny has committed an intentional tort (battery). If, on the other hand, Danny is late for his delivery, carelessly speeds around a turn, and accidentally hits a pedestrian crossing the street, he has committed the tort of:
negligence.
Courts allow recovery for misrepresentations that are not intentional but are _______ misrepresentations in business relationships.
negligent
The concept of ______ means that an invention or process must be unique and original, and a patent applicant must show that no other identical invention or process exists.
novelty
Overtime compensation is calculated by multiplying the hourly base rate of the employee times _______.
one and one-half
For a work of authorship to qualify as "_______" the author must use her own creative capabilities to create the work or medium.
original
Patent laws also protect inventors of any new, ________, and _______ design for an article of manufacture. (Choose two correct answers)
original ornamental
The federal Copyright Act allows creators to obtain a copyright by having a(n) "_______ work of authorship fixed in any ________ medium of expression."
original, tangible
The FLSA's primary provisions mandate (1) _______, (2) _______, (3) and _______. (Choose three correct answers)
overtime pay restrictions on child labor minimum wage
If no marking is identifiable, then the ________ is unable to collect damages from infringers unless they have been properly _______ and nonetheless continue to infringe.
patentee, warned
A tortfeasor (defendant) can claim assumption of the risk if the plaintiff should have known about the risk, but _______ in the activity.
voluntarily participated
Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products but knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. If Trein sues E-presto for tortious interference with a contract, E-presto
will not be able to establish a justification
Intentional patent infringement is referred to as _______ patent infringement and merits higher damages due to bad behavior.
willful
Trade libel requires that the allegedly defamatory statement is made _______ or that the statement shows reckless disregard for the truth.
with knowledge that the statement was false
If Big Box Inc has three stores in San Antonio, Texas with 20 employees at each location and the stores are less than 10 miles from each other, Big Box Blank______ to offer FMLA to its employees.
would be required
Prior art
The body of preexisting patents or technical disclosures that predate a patent application.
Collective bargaining unit
An employee group that, on the basis of a mutuality of interests, is an appropriate unit for collective bargaining.
Criminal procedure refers to the legal process and safeguards afforded to individuals (and in some cases business entities) during __________.
All of the choices are correct
In Leonel v. American Airlines, 400 F.3d 702 (9th Cir. 2005), the court:
All of the choices are correct.
Amanda is driving toward a busy intersection. As she approaches the intersection, she looks down and reaches to adjust the radio in her car. She runs a red light and hits another car, which then crashes into a utility pole, knocking it down and causing a power loss in a 3-mile radius. It takes the utility company 48 hours to restore electricity to the area because of a strike by the utility union. Kimberly sues Amanda because all the food in her refrigerator and freezer spoiled due to the power outage. What will the result be?
Amanda will not be liable to Kimberly because her conduct was not the proximate cause of Kimberly's damages.
Which of the following scenarios would most likely result in strict liability?
Amos buys a bag of Chips Ahoy chocolate-chip cookies and breaks a tooth when he bites into one that contains a small rock that looks like a chip.
The tort of negligence has specific elements, including: _______. (Choose all that apply)
Breach of Duty Causation Duty Damages
Brenda is the CEO of a large corporation. While presenting a proposal to a commercial bank for a corporate loan, she offered the bank's commercial loan manager a $10,000 "gift" for favorable treatment. Is Brenda guilty of bribery?
Brenda is not guilty of bribery
_______ such as letters, and e-mail exchanges and the like are often at the heart of cases where government authorities are investigating potential criminal activity in the business environment.
Business records
Exempt employees
Classification of employees who are not covered by FLSA protections; generally consists of employees whose responsibilities are primarily executive, administrative, or professional.
_______ is the process of negotiating terms and conditions of employment for employees in the collective bargaining unit.
Collective bargaining
_______ infringement occurs when the copyright owner can prove that she has legal ownership of the work in question and that the infringer copied the work without permission.
Direct
_______ is an agreement by two or more persons to commit a _______ act which is complete upon agreement.
Conspiracy, criminal
Non-disclosure confidentiality agreements
Contract that imposes a legal duty on the party receiving the information to keep it secret.
Licensing agreements
Contracts that allow intellectual property owners to monetize their intellectual property rights.
________ negligence holds that even 1 percent of negligence on the part of the plaintiff is a complete bar to any plaintiff recovery.
Contributory
Durable medium
Copyright requirement that a work must be in a tangible format, such as writing, digital, paint, video, and so forth.
Originality
Copyright requirement that a work must be the author's own work.
Creativity
Copyright requirement that a work must have some minimum level of expressive originality.
Felonies
Crimes that generally carry one year or more of incarceration as the penalty.
_______ consists of a body of law that, for the purposes of preventing harm to society, defines what conduct is criminal and prescribes the punishment to be imposed for such conduct.
Criminal law
_______ refers to the legal process and safeguards afforded to individuals during criminal investigations, arrests, trials, and sentencing.
Criminal procedure
_______ are designed to protect society, and the violation results in a penalty to the violator, such as a fine or imprisonment, based on the wrongdoer's level of culpability.
Criminal statutes
Tortfeasor
One who commits a civil wrong against another that results in injury to person or property.
The FUTA established a state-administered fund to provide payments to workers who have suffered and is paid by which of the following?
Only the employer.
Slander
Oral defamation in which someone tells one or more persons an untruth about another that will harm the reputation for honesty of the person defamed or subject a party to hate, contempt, or ridicule.
The responsible corporate officer doctrine, commonly referred to as the __________, permits the government to prosecute employees for corporate misconduct when they are in a position of authority and fail to prevent or correct a violation of the Food, Drug, and Cosmetic Act.
Park doctrine.
The _______ Act sets forth appropriate measures that must be taken to properly inform users that an article is patented such as placing the word "Patent," the abbreviation "Pat.," or the patent number on the specific article.
Patent
_______ refers to the liability of any seller (including the manufacturer, retailer, and any intermediary seller such as a wholesaler) of a product that, because of a defect, causes harm to a consumer.
Product liability
Criminal procedure
The body of constitutional protections afforded to individuals and business entities during criminal investigations, arrests, trials, and sentencing.
The ______ case held that business methods are patentable as long as they accomplish something practically useful in a novel and _______ way.
State Street Bank, nonobvious
Workers' compensation
State statutes that provide an employee who is injured in the course of employment with a partial payment in exchange for mandatory relinquishment of the employee's right to sue the employer for the tort of negligence; funded through employer-paid insurance policies.
Product disparagement statutes
Statutes intended to protect the interest of a state's major industries, such as agriculture, dairy, or beef.
Case 11.1 Buttrick v. Intercity Alarms, 2009 Mass. App. Div. 97 (Mass. Dist. Ct. App. 2009)
Synopsis of Decision and Opinion: The Appeals Court of Massachusetts upheld the jury's verdict in favor of Buttrick. While the court conceded that a number of factors weighed against the finding of an implied contract, a number of factors were present that supported its existence. The court reasoned that when Buttrick began his second and third stints at Intercity Alarms, he signed for a Manual and gave gave his consent to the terms as a condition of his employment. His employer called special attention to the Manual by not only distributing copies on four occasions, but also by at least on one occasion reviewing its terms personally with Buttrick and requiring him to sign for it because of the importance of the non-competition clause. Therefore, the court concluded that the terms of the Manual, including progressive discipline, were part of an implied employment contract.
Case 11.2 Wurtz v. Beecher Metro District, 848 NW 2d 121 (Mich. 2014)
Synopsis of Decision and Opinion: The Michigan Supreme Court ruled in favor of the District. It reasoned that Wurtz was not entitled to relief under the WPA because he alleged that the District violated the WPA by deciding not to renew his contract. In other words, Wurtz only alleged that the District took some action against him in his capacity as an applicant for future employment. But the court held that the WPA does not apply to job applicant, nor does it apply to contract employees seeking renewal of their contracts. The court focused exclusively on the language in the WPA that requires a whistle blower to be subject to an adverse employment action. In this case, the District paid all money and other benefits owed to Wurtz by virtue of his 10-year contract. Therefore, he did not suffer any consequences that are required for relief under the WPA
Case 11.4 Madden, et al. v. Lumber One Home Center, 745 F.3d 899 (8th Cir. 2014)
Synopsis of Decision and Opinion: The U.S. Court of Appeals for the Eighth Circuit ruled in favor of Madden and O'Bar but reversed the trial court's ruling relating to Wortman. The Court reasoned that in order to qualify for an executive exemption, Lumber One must show, among other things, that the exempt employees had the authority to hire or fire employees, or that their recommendations regarding personnel decisions were given particular weight by the decision maker. Since Lumber One's owner made all of the hiring and firing decisions at the store and did not consult Madden or O'Bar, the court reasoned that Lumber One did not satisfy the "authority" test or the "particular eright" required to exempt an employee from FLSA coverage. The court rejected Lumber One's argument that the owner's informal solicitation of input from existing employees about an applicant was sufficient to meet the exemption requirements.In the case of Wortman, the court ruled that Lumber One had made a sufficient showing that Wortman had been involved in recommending at least one driver to Lumber One's owner. Therefore, the court held that Wortman could reasonably be classified as supervisor who is exempt from overtime under the FLSA.
Case 11.7 NLRB v. Midwestern Personnel Services, Inc., 322 F.3d 969 (7th Cir. 2003)
Synopsis of Decision and Opinion: The U.S. Court of Appeals for the Seventh Circuit ruled in favor of the employees and affirmed the NLRB's finding. The court held that the strike was clearly based on MPS' unfair labor practices, and thus, the employees were entitled to reinstatement with back pay. The court noted that MPS unlawfully assisted the out-of-state union by negotiating with and recognizing it without any indication of uncoerced majority support by the employees. Further, the union authorization cards were unlawfully obtained by threats of termination, and the refusal to reinstate employees was itself an unfair labor practice.
Case 11.3 Integrity Staffing Solutions v. Busk, 135 S. Ct. 513 (2014)
Synopsis of Decision and Opinion: The U.S. Supreme Court reversed the Court of Appeals's decision and found in favor of Integrity. The Court ruled that the lower court erred in focusing on whether the activity was required by the employer. Instead, the appropriate test was based on whether or not the activities were the principal activity or activities which the employee was employed to perform. Since Integrity did not employ its workers to undergo security screenings, but to retrieve products from warehouse shelves and package those products for shipment to Amazon customers, the activities did not qualify as compensable under the FLSA. Moreover, the activity did not meet the "integral and indispensable" standard.
Trade secrets
Valuable assets such as processes, formulas, methods, procedures, and lists that allow companies to obtain a competitive advantage because they are not generally known and are protected.
Literal patent infringement
When an infringer makes, uses, or sells the same thing claimed in a patent or adds something beyond what is claimed.
_______ establish a structure for an injured employee to be compensated through a statutorily mandated insurance program as the exclusive remedy for workplace injuries or illnesses.
Workers' compensation statutes
Under FMLA, the _______ theory applies when an employee alleges that the employer denied him the right to use FMLA provisions.
interference/entitlement
The State Street Bank case provided a road map for the emerging _______ community to plan business models in such a way as to be eligible for patent protection.
internet business
The Fair Labor Standards Act was originally intended to cover employers engaged in
interstate commerce only.
Chelsea's house is for sale, and she is selling it through a real estate agent. The house is listed, and any licensed agent may show the house by using the special accessible key in a lockbox on the front porch. Stan is a licensed agent and brings Paula into the home to show it for a possible sale while Chelsea is not home. Stan and Paula would be considered
invitees.
Under the ECPA, employers are restricted from accessing an employee's _______ or ______ without the employee's consent, unless this is done on company-owned devices in the the ordinary course of business. (Choose two best answers)
personal phone calls office voicemail
A patent holder should mark its product as patented in order to achieve the fullest protections. Each of the following is an acceptable means of marking the product except
placing a P in a circle on the item or its packaging.
Law enforcement officers do not commit a Fourth Amendment violation when a government agent obtains evidence that is in _______.
plain view
When filing for a new invention, a database is searched to ensure that "_______" is not found - that is a similar invention is not protected by an existing patent or technical disclosure
prior art
A defendant in a defamation case may avoid liability if the defamatory statement was _______.
privileged
A warrant may be issued based only on _______.
probable cause