FIN 240 Midterm M Lab

If performance is substantial, the other party's duty to perform is excused.

False

Constitutional Law

The law as expressed in the U.S. Constitution and state constitutions

The Fourth Amendment prohibits unreasonable searches and seizures of persons or property.

True

The broad language of the Racketeer Influenced and Corrupt Organizations Act (RICO) has allowed it to be applied to cases that have little or nothing to do with organized crime.

True

The compelling government interest test is used by the courts to determine whether a law regulating the content of speech will be permissible.

True

The requirement that an offer be properly communicated to the offeree means that the offeror must inform the offeree about the offer in some effective way.

True

Mutual Rescission

an agreement between the parties to cancel their prior, valid agreement

penalty

an amount in the contract that sets forth a punishment for the breach

Officer Spangler believes that John Doe is a criminal. He asks a judge to issue a general warrant that allows Spangler to go through John Doe's belongings in his house. Will the judge agree?

No, because a search warrant must describe exactly what and where can be searched.

Because you are suspected of sending out bulk unsolicited e-mail advertisements, the FTC asks your internet service provider to supply information on what you do in foreign jurisdictions. Will you succeed in a lawsuit against your internet service provider for providing such information to the FTC?

No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action.

Your state passes a law prohibiting businesses from supporting political candidates. You challenge the law in court. Will a court uphold that law?

No, because the law is an unconstitutional restriction of free speech.

categories of trade secret

Pricing information, Production techniques, A customer list

Free Speech Clause

Prohibits Congress from restricting the right to criticize the government

Invasion of Privacy

Publishing or otherwise making known or using information relating to a person's private life and affairs, with which the public has no legitimate concern, without that person's permission or approval.

Sixth Amendment

Right to a speedy and public trial by jury

past consideration

Something given or some act done in the past, which cannot ordinarily be consideration for a later bargain.

Consequential Damages

Special damages that are a foreseeable result of the breech but not a normal expectation of the breech

In addition to the right to assemble peaceably and to petition the government, the First Amendment guarantees:

Speech Religion Press

Case Law

The law as stated by judges in their court opinions

Disaffirmance

The legal avoidance, or setting aside, of a contractual obligation.

Litigation

The process of resolving a dispute through the court system.

Litigation is

The process of resolving a dispute through the court system.

arbitration

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a binding decision

Novation

The substitution, by agreement, of a new contract for an old one, with the rights under the old one being terminated.

A "record" is information that is inscribed on a tangible medium or stored in an electronic retrievable form.

True

A company may be sanctioned by a regulatory body as a result of certain ethical breaches by one or more of its employees.

True

A mistake of fact, as opposed to a mistake of law, can often excuse criminal liability if the mistake negates the mental state necessary to commit the crime.

True

A physical attack can be a tort, a crime, or both.

True

A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.

True

A state's constitution is a primary source of law in that state.

True

A trade name may be protected under trademark law and may be registered with the federal government so long as it is also used as a trademark or service mark.

True

A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods.

True

Agreement is normally evidenced by an offer and an acceptance.

True

Carmen agrees to cook twenty dinners for Hal. In exchange, Hal will repair all of the plumbing in Carmen's house. Carmen has offered legally sufficient consideration, because Carmen has promised something of value.

True

Compensatory damages replace what was lost because of what the breaching party did and for this reason are often said to "make the person whole."

True

Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment.

True

Courts generally assume the existence of contractual capacity.

True

Criminals engage in money laundering because they wish to conceal the identity, source, and destination of illegally gained funds.

True

Exculpatory clauses release a party from liability in the event of monetary or physical injury, no matter who is at fault.

True

Generally, compensatory damages are reduced by any loss that the innocent party has avoided.

True

Generally, for a criminal act to have occurred, a person must have committed the guilty act and had a wrongful mental state.

True

Generally, you can use the amount of non-deadly force necessary to protect yourself, your dwelling, or other property and avoid criminal liability.

True

If an individual is a victim of computer theft under the Computer Fraud and Abuse Act, the individual may be able to bring a civil suit against the violator to obtain damages, an injunction, and other relief.

True

In commercially impracticable situations, the perfect tender rule no longer applies.

True

In contracts involving the sale of both goods and services, once a court decides that such a contract is primarily a goods contract, any dispute, even over the services portion, will be decided under the UCC.

True

In determining whether a use is "fair use" of copyrighted material, the effect of that use upon the potential market for the work is often the most important factor.

True

Many of the more than 4,000 federal criminal offenses do not require a specifically wrongful mental state.

True

Many states have also enacted laws that punish behavior criminally without the need to show criminal intent.

True

Subsequent to the America Invents Act of 2011, the first person to file a patent application receives patent protection.

True

The Anticybersquatting Consumer Protection Act applies to all domain name registrations and trademarks.

True

The Dodd-Frank Wall Street Reform and Consumer Protection Act was passed in response to Wall Street's ethical lapses and abusive financial services practices.

True

The FCPA does not prohibit payments to low-level employees of foreign nations who exercise little (or no) discretion in their jobs, but merely process paperwork.

True

Using another's trademark in a meta tag will normally constitute trademark infringement.

True

When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in rem.

True

When one party files a lawsuit to compel arbitration, the courts must resolve the issue of arbitrability.

True

Widely known facts and common sequences are not copyrightable.

True

Because the federal CAN-SPAM Act applies only to e-mails originating in the United States, Congress enacted the _______________________________________

U.S. Safe Web Act

Most states have adopted the ________________________________

Uniform Arbitration Act

Punitive Damages

damages intended to punish wrongdoing

The ________________ is a uniform law adopted by all states that facilitates business transactions.

Uniform Commercial Code

Most state laws with respect to protection of information of a commercial value are based on the:

Uniform Trade Secrets Act (UTSA)

Under what circumstances will a judge grant a motion for a new trial?

When the jury clearly misapplied the law or misunderstood the evidence

implied

a contract formed by the conduct of the parties

express

a contract formed by words

formal

a contract that requires a special form

informal

a contract that requires no special form

Frustration of Purpose

a doctrine that excuses performance when the objective reason for performance no longer exists due to reasons beyond the parties control

pretrial conference

a hearing which occurs before trial. The goal is settlement of the matter without a trial.

Some contracts state that the contract needs to be performed to the satisfaction of another. The "other" typically is

a reasonable person

condition

a situation that will trigger an obligation under a contract or terminate an existing obligation

A federal court can exercise jurisdiction if a case involves:

a treaty, the U.S. Constitution, or a federal law.

Ed offers to sell to Nicole a hand-carved chest of drawers worth more than $2,000. Nicole agrees to buy the chest and signs a contract for the purpose, but the price of the chest is left out of the contract. Ed and Nicole have:

a valid contract as long as the court can determine a reasonable price.

The seller or lessor has a right to attempt to cure a defect when which of the following is/are true?

a. A delivery is rejected because the goods were nonconforming. b. The time for performance has not yet expired. c. The seller or lessor provides timely notice to the buyer or lessee of the intention to cure. d. The cure can be made within the contract time for performance. e. All of these ******

5. Which of the following statements could be a valid offer?

a. Advertisements b. A statement of an intention to do something in the future c. An auction without reserve ****** d. An expression of opinion e. An invitation to negotiate

Which one of the following is NOT one of the two pleadings of a lawsuit?

a. An answer b. A judgment ********* c. A complaint

Which of the following has nothing to do with false imprisonment?

a. An interference with the freedom to move without constraint. b. Intentional confinement or restraint of another person's activities without justification. c. A person is made fearful of unwanted and possibly harmful contact with another person. ******

Which of the following is NOT part of the discovery process?

a. Answering interrogatories b. Examining documents and records c. Questioning witnesses d. Selecting the jury ********* e. Conducting depositions f. Preparing interrogatories

Which of the following activities is NOT prohibited by the CAN-SPAM Act

a. False return addresses b. Misleading information c. Sending junk mail via the USPS **** d. False information e. Deceptive information f. Sending messages to randomly generated e-mail addresses

Which of the following would NOT be the subject of a criminal law statute?

a. Injuring someone with a firearm b. Selling government secrets to another nation c. Not performing an employment agreement ****** d. Theft

Which of the following is usually NOT an acceptable defense to criminal liability?

a. Insanity b. Entrapment c. Necessity d. Strong desire ***** e. Duress

Which of the following is not a type of discharge by operation of law?

a. Material alteration of the contract b. Novation *** c. Impossibility d. Bankruptcy e. Statute of limitations f. Frustration of purpose

Which of the following acts normally does NOT constitute a conversion?

a. Mistakenly believing that you are entitled to goods that are not your own b. The taking of electronic records and data without the owner's permission c. Temporarily borrowing a friend's textbook and then returning it *******

Which one of the following crimes has no statute of limitations?

a. Murder ****** b. Traffic violations c. Robbery d. Larceny e. Insider trading f. Fraud

The Sarbanes-Oxley Act was designed to do which of the following?

a. Reduce corporate fraud ****** b. Regulate shareholder dividend maximums c. Create confidential systems for fraud reporting within a publicly traded company ***** d. Regulate corporate profits e. Provide refunds to bank customers for overdraft fees f. Require accountability measures for publicly traded companies ******

By which of the following methods can a party not terminate an offer?

a. Revocation b. Rejection c. Counteroffer d. Repudiation *****

Which of the following represent a potential ethical issue for a U.S. company doing business in a foreign country?

a. The country does not regulate child labor. b. The country does not mandate a minimum livable wage for its workers c. The country does not permit women to sign contracts without a male co-signatory. d. The country permits payments made to government officials to secure government contract approval. e. all of the above *****

Which of the following does NOT have to be true for the Anticybersquatting Consumer Protection Act to apply?

a. The domain name has siphoned customers resulting in a loss of profit from the trademark. ***** b. The one registering or using the domain name has a "bad faith intent" to profit from that trademark. c. The domain name is identical or confusingly similar to the trademark of another.

What will a court generally not review to determine whether a contract's terms are definite?

a. The identification of the parties. b. The identification of consideration. c. The value of the consideration. ****** d. The time of payment, delivery, or performance.

Which of the following is not a necessary element for an offer to be effective?

a. The offeror must have a serious intention to be bound by the offer. b. The offer must be communicated to the offeree. c. The terms of the officer must be reasonably certain. d. The offer must be fair. ******

Which of the following is not true of administrative agencies:

a. They perform specific government functions delegated to them by the legislature. b. They are prohibited from adjudicating disputes regarding their own regulations. ******** c. They create regulations which function like laws. d. They can be created under the power of the executive branch or Congress.

Which two of the following are often present in a situation where a court will grant reformation?

a. Trespass b. Fraud ******* c. Undue influence d. Duress e. Mutual mistake *******

Which of the following are part of the federal court system?

a. United States Supreme Court ***** b. Federal Small Claims Court c. U.S. District Courts ***** d. U.S. Chamber of Commerce

The two main purposes of the free speech clause of the First Amendment are to allow people to:

a. criticize the government ****** b. freely voice their political opinions ******* c. use obscene language. d. create virtual child pornography. e. speak whenever and wherever they desire.

Steps toward tort reform in the federal government and a number of states include all of the following except:

a. increasing the burden of proof in negligence cases ****** b. capping the amount that attorneys can collect in contingency fees. c. limiting the amount of both punitive damages and general damages that can be awarded. d. requiring the losing party to pay both the plaintiff's and the defendant's expenses.

A triple bottom line considers each of the following:

a. the corporation's profits. b. the corporation's impact on people. c. the corporation's impact on the planet.

Trespass to land occurs when which of the following happen:

a. without permission, a person enters land that is owned by another. b. without permission, a person causes anything to enter land that is owned by another. c. without permission, a person remains on the land owned by another. d. all of these *****

The basic obligation of a buyer in performing a sales or lease contract is to:

accept and pay for conforming goods in accordance with the contract.

The Madrid Protocol

allows a U.S. company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered.

accord

an agreement between 2 parties to substitute the consideration in a contract for a new one

liquidated damages

an amount in the contract that sets forth a reasonable estimate of damages

Reformation

an equitable remedy to correct a contract to reflect the true intentions of both parties

A usurious contract involves __________________________________________.

an illegally high rate of interest

anticipatory repudation

an indication before the deadline of a contract by word or action that a party won't fulfill the obligation of a contract

An agreement is composed of:

an offer and an acceptance

Battery

an unexcused and harmful or offensive physical contact intentionally performed

Assault

any intentional and unexcused threat of immediate harmful or offensive contact

Johnathon, a homeowner, files a lawsuit against the property owner's association for his neighborhood. However, the property owner's association responds by filing a motion to dismiss, since the property owner's association agreement states that all disputes would be settled by arbitration. The property owner's association is attempting to resolve the _______________ of the matter.

arbitrability

Mediation

attempt to settle a dispute in which a third party assists parties in reconciling their differences but does not render a binding decision

A person who engages in unexcused and harmful or offensive physical contact against someone else has committed _____________.

battery

Pascal's new Mercedes won't start one morning and he screams to his passenger, "For a thousand bucks, I'd get rid of this car." The passenger normally cannot buy the car for $1,000:

because a reasonable person would know that a serious offer was not being made.

Enabling legislation

creates an administrative agency and gives the agency powers.

Compenatory Damages

damages that compensate the party for the loss of the bargain

Baker runs into the back of Li's car. Baker appears to be at fault. Baker will be the _____________ and will probably receive a _____________.

defendant, summons

The perfect tender rule of the UCC generally requires that the seller:

deliver or hold at the buyer's disposal goods that conform to the contract's terms in every respect.

The enforceability of a liquidated damages clause normally requires two things: 1) When the contact was entered into, was it apparent that the damages would be ___________________ to estimate in the event of a breach; 2) The amount set was ______________________

difficult, reasonable

At the conclusion of the plaintiff's case, the defendant's attorney may ask for a

directed verdict

If someone uses a small amount of a copyrighted work for a nonprofit, educational purpose, it may be a legal use under the ________________ doctrine.

fair use

Specific performance normally is granted as an option where monetary damages are sufficient but not desirable.

false

The common law of contracts and the Uniform Commercial Code are exactly the same.

false

Crimes such as arson, murder, rape, or robbery that carry the most severe sanctions are known as _____________. Lesser crimes, ____________________, are punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary. In criminal law, __________________________ are the least serious kinds of criminal offenses, such as traffic or building-code violations.

felonies, misdemeanors, petty offenses

Jill is much stronger than Jack and stares at him in a menacing way. One day she tells Jack that she is going to beat him if she ever sees him again. Several hours later she sees Jack coming out of his house and proceeds to punch him in the face. Jack will probably bring a lawsuit against Jill:

for assault and battery, because there was both a threat and a harmful action.

On her local television station, Jessica Aign advertises a "magic" cream that corrects baldness, even though she knows that the cream is just hand lotion. She may be tried:

for the federal crime of wire fraud.

Article 2 of the UCC deals with the sale of _____________. In some situations, the rules can vary depending on whether the ____________________ is a merchant.

goods, seller or buyer

Loss of _____________ occurs when another party uses a domain name similar to yours.

goodwill

Sven goes to a bar, drinks eight shots of bourbon, and then goes to an electronics store where he buys a large flat-screen TV for $2,500. If he later wants to void the contract based on his intoxication, he will need to prove that:

he lacked the mental capacity to enter into the contract.

Protection of trade secrets extends to both _____________________________. Because of this, there is no ____________________ requirement. But secret information must be known by someone, and so companies usually attempt to protect the secrets through ____________________ agreements.

ideas and their expression, registration, confidentiality

If a U.S. company decided to outsource production of alcohol to Saudi Arabia, a country which prohibits the consumption of alcohol for moral reasons, it would likely be:

illegal and unethical

A U.S. Corporation decides to outsource its product manufacturing to Country Z, where the minimum wage for workers is below the minimum wage requirements in the United States. If the company pays the workers based on the minimum wage required in Country Z, this is: ___________ and ___________________________________.

illegal, possibly ethical or unethical

Online contracts must be displayed:

in a readable format

Remedies ______________ include specific performance.

in equity

Sometimes monetary damages are __________________ for a breach of contract. In these situations, the innocent party may ask the court for a(n) _________________ remedy. These remedies typically are based in __________________

inadequate, equitable, fairness

The Federal Trade Commission is an example of a(n)

independent regulatory agency

When a grand jury decides that someone should be charged for an alleged crime, such a charge is called an _________________.

indictment

The element of ____________ is of key importance in determining if a contract has been formed. It is determined by ____________________ theory of contracts.

intent, the objective

A homicide is classified as ___________________________________ when it results from an act of criminal negligence and there is no intent to kill.

involuntary manslaughter

A merchant is a person who: 1) deals with goods of the kind ________________ the sales contract or 2) by occupation, holds himself or herself out as having ____________________________ and skill unique to the practices or goods involved in the transaction.

involved in, special knowledge

Of all U.S. laws, including state laws, the U.S. Constitution

is considered supreme over all others

Baker loses at trial. Baker's attorney can make a motion for a

judgment notwithstanding the verdict

Olivia typically takes off her diamond ring while she works and puts it back on when she leaves. One lunch break, she leaves it on her desk. Jenna, a co-worker, takes the ring and does not return it. Jenna has probably committed the crime of _______________.

larceny

Natural Law

legal standards derived from a universality of rights which apply to all human beings

To make a decision resulting in good corporate citizenship, a business should evaluate the decision based on: the _______________ implications of each decision; the __________________________ impact; the safety risks for ___________________ and employees; and the financial _________________.

legal, public relations, consumers, implications

Sometimes, the buyer of goods breaches a contract before the seller produces the goods. If that is the case, the seller can receive __________________ as compensatory damages.

lost profits

In Latin, a wrongful mental state is known as:

mens rea

mitigation

minimization of damages by the plaintiff

A long arm statute allows one state's court to exercise jurisdiction over a defendant from another state who meets the legal requirement for ________________________________ with the state in which the court is located.

minimum contacts

A ___________ breach does not discharge the non-breaching party from the contract, and once the breach has been cured, the non-breaching party must resume performance.

minor

Compliance with the law is sometimes called the

moral minimum

To be patentable, an invention, discovery, process, or design must be:

novel, useful, and not obvious.

Trespass to land is defensible by:

obtaining permission for use of that land.

An anticipatory repudiation occurs when:

one party communicates to the other an intention not to perform.

Patent infringement is a tort committed when...

one uses, makes, or sells another's patented design, product or process without permission. This is true even if the patented product is not yet put in to commerce.

The UETA covers:

only electronic records and signatures relating to transactions.

A binding authority does NOT include

opinions from experts in the field

The inquiry analysis step of the IDDR Approach to ethical analysis of business decisions involves identifying the ____________ and collecting the relevant__________.

parties, facts

The most common way to terminate contractual duties is by:

performance

Sal is arrested on suspicion of armed robbery. His lawyer and he engage in _________________________________ with the prosecuting attorney so that Sal can be granted immunity from prosecution for that serious crime.

plea bargaining

An opportunity for inspection is a condition _______________ to the right of the seller to enforce payment.

precedent

Establishment Clause

prohibits congress from creating a state sponsored religion

Free Exercise Clause

prohibits congress from interfering with individual's right to believe in what they choose

bilateral

promise for a promise

Unilateral

promise for an act

Under federal copyright laws, a single-authored book is:

protected for the author's life plus seventy years.

Standing to sue requires that a controversy must be

real and substantial

The primary purpose of the Uniform Electronic Transaction Act (UETA) is to:

remove barriers to e-commerce by giving the same legal effect to electronic records and signatures as is given to written documents and signatures.

Under the ______________________________________ doctrine, a court may impose criminal liability on a corporate officer who knew about a given criminal violation.

responsible corporate officer

The key difference between larceny and robbery is that:

robbery involves force or fear of force; larceny does not.

Criminal negligence can occur when a defendant was not aware of the risk, but ______________________________________.

should have been aware of it

Consideration can be defined as

something of value given in exchange for a promise

Binding Authority

source of law that a court must follow when deciding a case

Administrative Law

the rules, orders, and decisions of federal, state, or local government administrative agencies

Compensatory Damages

to compensate or reimburse the plaintiff for actual losses

The Latin term stare decisis means

to stand on decided cases

The distinctive color, furniture, labels, logos, and employee uniforms that might be used by a company are known as its:

trade dress

You throw a small birthday party for a friend at a county park. The park closes at sundown, but you and your friend want to come back early the next day to continue the fun, so you leave some of your belongings in the picnic area to hold your spot. Most likely you have committed:

trespass to land

When you borrow a friend's tablet device and refuse to give it back, you have committed:

trespass to personal property.

Obtaining goods by false pretenses is a form of theft that involves _____________. If you know that a friend has given you stolen goods, you will be guilty of ________________________. The willful burning of a building is the crime of _________.

trickery, receiving stolen goods, arson

One dollar is a common amount for nominal damages.

true

Punitive damages are rarely awarded in contract cases.

true

tender

unconditional offer to perform by a person who is ready, willing, and able to do so

The TRIPS Agreement

establishes standards for international protection of patents, trademarks, and copyrights.

the Anti-Counterfeiting Trade Agreement

in 2011, to combat piracy and global counterfeiting.

Positivist

law is constructed based on the norms as created by a legislature within the framework of the time in which they are created

Content-neutral laws may regulate the time, place, and _____________, but not the content of speech.

manner

performance

the fulfillment of ones duties under a contract

discharge

the termination of an obligation under a contract

When bargains are so oppressive that the court decides to relieve innocent parties of their duties, such bargains are deemed __________________________.

unconscionable

If the United States Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared

unconstitutional

Any contract to commit a crime is in violation of a statute and therefore ______________________.

unenforceable

If one party has the legal option not to perform a contract and to have the contract declared unenforceable, the contract is called a _________________ contract.

voidable

Fourth Amendment

warrants must be issued with probable cause

Ethics can be defined as the study of ______________________________________________

what constitutes right and wrong behavior

the Berne Convention

when a U.S. citizen writes a book, every signatory to that convention recognizes the U.S. author's copyright.

When deciding questions about the enforceability of terms in shrink-wrap agreements, one important factor courts take into account is:

whether the buyer learned of the shrink-wrap terms before or after the parties entered into the contract.

While an alphabetical listing of phone customers cannot be copyrighted, the yellow pages and advertising sections of a phone book may be copyrightable because the:

yellow page information is selected and arranged in an original way.

Merchant Zeppo offers to sell his sofa to Brian for $385. Brian says, "I'll take it, and I would like you to throw in the coffee table along with it." Under the Uniform Commercial Code, what kind of arrangement do Zeppo and Brian have?

A contract for the sofa only.

covenant not to compete

A contractual promise of one party to refrain from competing with another party for certain period of time and within a certain geographic area.

Reformation

A court-ordered correction of a written contract so that it reflects the true intentions of the parties.

Commercial Impracticability

A doctrine that may excuse the duty to perform a contract when performance becomes much more difficult or costly due to forces that neither party could control or contemplate at the time the contract was formed.

impossibility of performance

A doctrine under which a party to a contract is relieved of his or her duty to perform when performance becomes impossible or totally impracticable (through no fault of either party).

Defamation (libel or slander)

A false statement of fact, not made under privilege, that is communicated to a third person and that causes damage to a person's reputation. For public figures, the plaintiff must also prove that the statement was made with actual malice.

specific performance

An equitable remedy in which the court orders the contract to be performed as agreed to by the parties.

Recission

An equitable remedy that annuls a contract and returns the parties to the relationship they had before the contract was made.

restitution

An equitable remedy under which a person is restored to his or her original position prior to loss or injury, or placed in the position he or she would have been in had the breach not occurred.

_______________________________ is not copyrightable.

An original idea

Persuasive Authority

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Punitive Damages

Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing

Which tort provides a basis for a criminal prosecution as well as for a tort action?

Battery

Why is it important to monitor the employment practices of foreign suppliers?

Because corporate watch groups will discover and publicize unethical behavior by suppliers, link it to the American company, and harm its reputation.

The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured but the Johnsons' car suffered $5,000 in damages. Why can't the Johnsons sue the other driver in federal court?

Because the Johnsons live in the same state and the damages are too small.

Exclusive State Jurisdiction

Cases involving all matters not subject to federal jurisdiction

Exclusive Federal Jurisdiction

Cases involving federal crimes, bankruptcy, patents, copyrights, trademarks, and suits against the United States

Wrongful act

Civil Law: Causing harm to a person or a person's property. Criminal Law: Violating a statute that prohibits some type of activity.

Remedy

Civil Law: Damages to compensate for the harm or a decree to achieve an equitable result Criminal Law: Punishment (fine, imprisonment, or death)

Burden of proof

Civil Law: Preponderance of the evidence Criminal Law: Beyond a reasonable doubt

Party who brings suit

Civil Law: The person who suffered harm Criminal Law: The state

General Damages

Compensate individuals (not companies) for the non-monetary aspects of the harm suffered, such as pain and suffering.

In 1980, Congress passed the _______________________________________, which amended the Copyright Act to include computer programs.

Computer Software Copyright Act

several remedies available to a copyright owner for copyright infringement

Criminal penalties, Damages, Injunction

Legal Realism

Customary practices and the circumstances surrounding the transaction guide us in shaping the decision for that situation

Historical

Doctrines that have withstood the passage of time help guide us in shaping present laws

jury selection

During the process of voir dire jurors can be challenged.

Appellate jurisdiction

Exists with courts of appeal and review.

Original jurisdiction

Exists with courts that have the authority to hear a case for the first time, called trial courts.

A color scheme can never qualify for trademark protection.

False

A copyright is an intangible property right, meaning that you can touch and feel it.

False

A person will never be liable for conversion if they bought goods in good faith, even if those goods were stolen.

False

A trespasser will be liable for any damage caused to the property and generally can hold the owner of the land liable for injuries sustained on the premises.

False

Abiding by a foreign country's cultural norms during an international business transaction means a company has met a minimum standard for acting ethically.

False

All covenants not to compete are contrary to public policy and, therefore, illegal.

False

An effective offer requires that a reasonable price be related to market value.

False

An individual who has been the subject of a crime can prosecute the alleged criminal.

False

Attorneys may file pretrial motions. Two common motions are the defendant's answer and motion for a judgment n.o.v.

False

Because a corporation is a legal entity and not a human being, there can never be corporate criminal liability.

False

Because an intentional tort requires intent, a harmful motive is required.

False

Case law is based on the decisions made by those who run administrative agencies.

False

Commercial speech is protected to the same extent as political speech.

False

Every public corporation is required to have an ethical hotline for reporting violations within the company.

False

If a business process (and information relating to that process) cannot be patented, copyrighted, or trademarked, there is nothing a business can do to protect it.

False

If the offeree can accept the offer with a return promise to perform, then the contract is unilateral.

False

In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which prohibits the sending of unsolicited commercial emails.

False

In preparation for the trial between Filipe and Freya subsequent to an auto accident, Freya's attorney places Filipe under oath and asks Filipe questions that are recorded by a court reporter. This is known as an interrogatory.

False

In the absence of any specific agreements, the buyer must make payment at the time and place the contract is signed.

False

Infringement of a trademark requires intent to infringe, as well as federal registration.

False

Jack sees an injured person lying on Frank's property. Jack crosses Frank's property to rescue the injured person. Jack has committed trespass to land.

False

Ronald suffers from dementia, which impacts his brain function, but he also has healthy periods when his mind is fully functioning. During one of these healthy periods, Ronald enters into a contract, which he later seeks to avoid. In a majority of states, the contract will not be enforced, because of Ronald's dementia.

False

Similar to trademark infringement, a claim of trademark dilution in the online world requires proof that consumers will likely be confused by a connection between the unauthorized use and the mark.

False

Symbolic speech is not protected by the Bill of Rights.

False

The Federal Arbitration Act established a set arbitration procedure.

False

The United States Supreme Court has held that mandatory arbitration clauses in employment contracts are generally unenforceable.

False

The United States Supreme Court hears all cases sent to it for review.

False

The basic purpose of tort law is to punish criminal wrongdoers.

False

The basic requirements for an electronic contract are different than those for a paper contract.

False

The first sale doctrine states that once a copyrighted work is sold, it may be resold only with the permission of the original owner.

False

Today, most jurisdictions maintain separate courts of equity and courts of law.

False

Tracking vehicle movements by authorities with a GPS does not require a search warrant.

False

Venue is different from jurisdiction, in that venue refers to the court's geographic location.

False

When the U.S. Congress passes federal statutes, states are not obligated to follow them.

False

The __________ Amendment reads in part that no person "shall be compelled in any criminal case to be a witness against himself."

Fifth

Since the late 1970s, the _______________________________________ has prohibited U.S. businesses from bribing foreign officials.

Foreign Corrupt Practices Act (FCPA)

The __________ Amendment provides protection against unreasonable searches and seizures and requires that probable cause exist before a warrant for a search or an arrest can be issued.

Fourth

If the contract does not indicate where the goods will be delivered, then the place of delivery will be one of the following:

1) the seller's business location 2) the seller's residence if the seller has no business location 3) the location of the goods, if both parties know at the time of contracting, that the goods are located somewhere other than the seller's business.

A mark may be registered as a trademark with the federal government if it meets one of two criteria:

1. If it currently is being used in commerce 2. If it is intended to be in use in commerce within six months

The following represents a demonstration of acceptance of goods by a buyer

1. The buyer or lessee indicates (by words or conduct) to the seller or lessor that the goods are conforming or that he or she will retain them in spite of their nonconformity. 2. The buyer or lessee fails to reject the goods within a reasonable period of time. 3. The buyer performs any act inconsistent with the seller's ownership of the goods.

When one party anticipatorily repudiates a contract, what two options does the non-breaching party have?

1. Wait until the deadline for performance to sue 2. Sue for breach of contract immediately

Under the Trademark Dilution Revision Act, a plaintiff must prove:

1. plaintiff owns a famous mark that is distinctive 2. the defendant has begun using a mark that is diluting the famous mark 3. the similarity between the defendant's mark and the famous mark gives rise to an association between the marks 4. this is likely to impair the distinctiveness of the famous mark or harm to its reputation

Copyright owners generally are protected against

1. unauthorized reproduction of the work 2. development of derivative works 3. distribution of the work 4. public display of the work

A patent for an invention lasts for _____ years.

20

The percentage of cases that are settled through some form of ADR is approximately

90%

Collective Mark

A mark used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.

Certification Mark

A 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.

Service Mark

A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others. Titles, character names, and other distinctive features of radio and television programs may be registered as service marks.

arbitrator

A neutral third party or panel of experts that hear a dispute in arbitration.

arbitration clause

A part of the contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

Which person can be judged criminally reckless?

A person who consciously disregards a substantial and unjustifiable risk

negotiation

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

Recission

A remedy whereby a contract is canceled and the parties are returned to the positions they occupied before the contract was made.

Nominal Damages

A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.

Which of the following does the United States Supreme Court have to issue before it hears a case?

A writ of certiorari

The requirements for a valid contract include

Agreement Consideration Contractual capacity Legality

Emancipation

In regard to minors, the act of being freed from parental control.

award

In the context of arbitration, the arbitrator's decision.

Under the IDDR ("I Desire to Do Right") approach of ethical decision making, decision makers should go through the following steps in order:

Inquiry, Discussion, Decision, Review

Joe could not recover for the intentional infliction of emotional distress if his neighbor, Mike, sent him a text message saying that Joe's mother was killed in a car accident if _____________________________.

Joe knew it was untrue

The most important statutory protection for trademarks is the:

Lanham Act

Statutory Law

Laws enacted by legislative bodies at any level of government

Subject matter jurisdiction

Limits the court's jurisdictional authority to particular types of cases and can be either limited or general jurisdiction.

______________________________________ has been shown to be the most influential in setting an ethical tone for a business.

Management's behavior

The power of judicial review has remained unchallenged since it was established by which United States Supreme Court decision?

Marbury v. Madison

The landmark United States Supreme Court case with respect to a criminal defendant's procedural rights is:

Miranda V. Arizona

Eighth Amendment

No excessive bail and no cruel and unusual punishment

Fifth Amendment

No person can be forced to be a witness against themselves

When the language in the Bill of Rights is unclear,

The United States Supreme Court ultimately may decide what the language means.

age of majority

The age at which an individual is considered legally capable of conducting himself or herself responsibly. A person of this age is entitled to the full rights of citizenship, including the right to vote. In contract law, the age at which one is no longer an infant and can no longer disaffirm a contract.

Appellate Review

The appellate court does not hear evidence. The appellate court may affirm or reverse the trial court's judgment or remand the case for further proceedings.

What happens when evidence obtained in violation of the rights spelled out in the Fourth, Fifth, and Sixth Amendments is presented at trial?

The evidence must be excluded from the trial proceedings and not presented to the jury.

Your attorney prepares a(n) _________ to present to the appellate court when you decide to appeal the trial court's decision.

brief

_______________________________ do not require internet users to assent to the terms before downloading certain software.

browse-wrap terms

A contract is an agreement that _______________________________.

can be enforced in court

concurrent jurisdiction

cases involving state and federal questions and cases

If one nation violates international law, it is up to other nations to use ______________ actions such as severance of diplomatic relations, ______________, sanctions, or armed conflict.

coercive, boycotts

Special Damages

compensate the plaintiff for quantifiable monetary losses, such as medical expenses

Law based on documents setting forth the general organization, powers, and limits of the government is called

constitutional law

Article 2 of the UCC governs ____________________________

contracts for the sale of goods

Consideration must be legally _______________ and the result of a ______________

sufficient, bargain

For the UCC to apply to a contract for the sale of goods, the goods must be

tangible

A buyer who offers to pay for goods has ________________ payment and can, therefore, demand delivery of the goods.

tendered

A major not-for-profit provider of ADR services is ___________

the AAA

As originally intended, the first ten amendments to the Constitution limited only the power of

the Federal Government

Statutes are enacted by either

the U.S. Congress or state legislatures

One primary source of American law is:

the U.S. Constitution

Typosquatting

the act of buying domain names that are similar to well-known domains, except for slight misspellings.

Cybersquatting

the act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.

Filing the appeal

the appealing party files a notice of appeal with the clerk of the trial court

Arbitration differs from other forms of ADR because

the arbitrator hears the dispute and imposes a solution on the parties.

In most states, when a seller of real estate breaches a contract and sells the land to someone else, the measure of compensatory damages is:

the difference between the market price and the contract price.

The standard measure of compensatory damages can be stated as:

the difference between the promised performance and the actual performance.

breach

the failure, without legal excuse, to perform the obligations of the contract

The doctrine of judicial review allows:

the judicial branch to decide whether laws or actions of the other two branches are constitutional

civil law can best be described as

the law that protects private and public rights of individuals