Legal Environments of Business Exam 2
Criminal Corporate Liability
Businesses can be held liable for criminal acts of employees if employees were acting in the scope of authority and the company benefits
Hacking
Unauthorized access of another's computer
Patent Infringement
Unauthorized use of a patented invention
Battery
Unconsented intentional harmful or offensive touching. Requires Intentional harmful or offensive contact that a reasonable person would find offensive without permission
Defamation by implication
True statements used maliciously to harm reputation
Arson
Burning another's property (dwelling)
Property Crimes
Crimes involving theft or damage to property
Defamation per se
Defamation that harms reputation without further proof. Incompetent and immoral in business, diseased, promiscuous, criminal
Vicarious Infringement
Defendant benefits from infringement and has control over infringers conduct (file sharing website looks the other way
Public Nuisance
Defendant's use of property interferes with a group of landowners
Private Nuisance
Defendant's use of property interferes with plaintiff's use
Model Penal Code
Defines different levels of intent in criminal law. Purpose: intentional, Knowledge: knew it was possible, Recklessness: careless, Negligence: unaware
Intentional Tort
Deliberate act that causes harm or injury
Goals of Criminal Law
Deterrence, Retribution, Rehabilitation, Incapacitation
Injury
Harm or damage caused by a tort
Mistake of Fact
Honest mistake about the facts (backpack)
Theft of Trade Secrets
Intentionally taking trade secrets to harm the owner
Trespass to Personal Property
Interfering with another's use of personal property
Patent Infringement Defenses
Invalidity, Non-infringement, Laches, First Sale Doctrine
Useful
Invention has a practical purpose
Software Copyrights
Patents may apply to process of software, while copyrights apply to source code, menu design,
Tortfeaser
Person who commits a tort
Impartial Jury
Right to a jury that is unbiased
Speedy/Public Trial
Right to a timely and public trial
Confront Witness
Right to confront and cross-examine witnesses
Informed of Charges
Right to know the charges against oneself
Attorney
Right to legal representation
Production of a Favorable Witness
Right to present witnesses in one's defense
Self Incrimination
Right to remain silent and not testify against oneself
White v. Samsung
Robot Vana White used in commercial without her permission
Justification
Act condoned or approved by society, prevent greater harm (speeding to the hospital)
Causation in fact
Act or omission that directly caused the harm
DMCA (Digital Millennium Copyright Act)
Act that applies copyright laws to the internet
Assault
Actions intended to make another person fear reasonable immediate harm. Requires fear of imminent harm that a reasonable person would fear without permission
Criminal Liability
Actus Reus (criminal act) and Mens Rea (guilty mind)
State v Casey's
A court case where an employee sold alcohol to a minor. State wanted to hold company liable but supreme court held that employee didn't act with authority
Phishing
Accessing personal information through electronic deception
Rescue Doctrine
Accidental injuries during rescue
International Law
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
Contributory Infringement
Aids in infringement with knowledge (napster)
Criminal Process
Arrest, Initial Appearance, Indictment, Arraignment, Sentencing
Negligence Defenses
Assumption of Risk, Intervening Cause, Contributory Negligence, Comparative Negligence
Involuntary Intoxication
Being intoxicated without intent, can negate mens rea
Negligence
Breach of duty of care that causes harm or injury
Burglary
Breaking and entering with intent to commit a felony
Necessity
Breaking the law to prevent greater harm (stealing because someone said they would kill your family if not)
Double Jeopardy
Cannot be tried twice for the same crime
Liebeck v McDonalds
Case involving hot coffee and product liability
Association for Molecular Biology Case
Case involving patentability of naturally occurring genes. Court rules that synthetic genes can be patented only if they are significantly different from the natural ones
Palsgraf Case
Case involving proximate cause and reasonable foreseeability
America Invents Act
Changed US patent system to first to file from first to invent
Conversion
Civil version of theft
Torts
Civil wrongs that cause harm or injury
Indemnify
Compensation for legal losses distributors suffer due to producer mistakes
Money Laundering
Concealing the origins of illegally obtained money
Trade Secrets
Confidential business information
Responsible Corporate Officer Doctrine
Corporate officers may be liable for crimes of employees
Violent Crimes
Crimes involving physical harm or force
5th Amendment Constitutional Safeguards
Double Jeopardy, Self Incrimination, Due Process
Reasonable Care
Duty to act with care based on a reasonable standard
Actual Authority
Employee acted with direct knowledge and permission of the corporation
Trespass
Entering someone's property without permission
Exclusionary Rule
Evidence obtained through constitutional violations is inadmissible
8th Amendment Safeguards
Excessive Bail, Excessive Fines, Cruel and Unusual Punishments
Copyright
Exclusive right to exploit creative works like books, songs, movies, art, and software
Prior Art
Existing information that proves lack of novelty
Res Ipsa Loquitor
Facts speak for themselves, defendant's control over the situation
Due Process
Fair treatment and protection of rights
Defamation
False statements that harm a person's reputation. Requires a false statement that were published to a third party which harmed plaintiff reputation.
Credit Card Fraud
Fraudulent use of credit card information
Mistake of the Law
Generally not a defense (wife puncher)
US v Park
Grocery chain executive held liable for stores selling tainted food
Foreign Corrupt Policies Act
Illegal to bribe foreign officials for business advantage
Professionals
Individuals with specialized skills held to a higher duty of care
False Imprisonment
Intentional confinement or restraint without justification. Plaintiff cannot have a safe escape.
Wrongful Interference with Contractual Relationships
Intentionally causing a breach of contract
Criminal Mischief
Intentionally causing damage to another's property
Wrongful Interference with a Prospective Business Advantage
Intentionally interfering with potential business relationships
Criminal Trespass
Knowingly interfering with another's property rights
Common Law
Laws developed by courts through judicial decisions
Statutory Law
Laws passed by legislative bodies
Castle Doctrine
Laws which allow lethal force in own home
Stand your ground
Laws which allow lethal force in self defense
Duty of Care
Legal obligation to act with reasonable care
Patents
Legal rights to exclude others from using an invention
Trademarks
Legal rights to protect brands and logos
Copyrights
Legal rights to protect original works of authorship
Misdemeanor
Lesser crime punishable by a fine or less than a year imprisonment
Standard of proof
Level of certainty required to prove a case
Dram Shop Acts
Liability for selling alcohol to a drunk person who causes harm
Strict Liability
Liability without fault for dangerous activities or products (dynamite)
Copyright life span
Life of the author + 70 years OR for work for pay 120 years from creation or 95 years from publishing (whichever is shorter)
Obtaining Goods by False Pretenses
Lying to get property transferred
Forgery
Making or altering writing with intent to defraud
Strict Product Liability
Manufacturers and distributors are strictly liable for product defects
Punitive Damages
Meant to punish the defendant
Insanity
Mental state that does not negate, justify, or excuse, instead sends defendant to mental health facility rather than prison
Petty Offense
Minor offense like a traffic violation
Fraud (civil)
Misrepresentation with intent to deceive and cause harm. Requires defendant known misrepresentation intended to influence the plaintiff which the plaintiff reasonably relied on and was harmed because of.
Unpatentable Things
Natural Phenomenon, Laws of Nature, Abstract ideas
Criminal Defense
Negate actus reus or mens rea, Justification, Excuse
Unintentional Tort
Negligent act that causes harm or injury
Continuation in Part Application
New subject matter and date
Patent Obviousness
No combination of prior art teachings that would be obvious
International Patent Protection
No international patent, PCT application as a placeholder
Patent Novelty
No prior art teaching discloses every element of the invention
Patent Requirements
Novelty, Usefulness, Non-obviousness, Statutory subject matter
Blackmail
Obtaining assets by threat
Bribery
Offering something of value to an official
Entrapment
Official induces someone to commit a crime they wouldn't have otherwise
First Sale Doctrine
Once sold, buyer can use patented invention as they like
Vicarious Liability
One person is liable for the conduct of another
Slander
Oral defamation
Special Damages
Out-of-pocket costs
Intentional Infliction of Emotional Distress
Outrageous and intentional behavior causing emotional pain, usually need to prove additional physical pain
General Damages
Pain and suffering
Design Patent
Patent over ornamental features of products (14 years)
Plant Patent
Patent over strains of asexually reproducing plants (20 years)
Utility Patent
Patent over the way something works or how parts interact (20 years)
Contributory Negligence
Plaintiff contributed to the tort, and receives no damages
Comparative Negligence
Plaintiff contributed to the tort, will receive reduced damages
Assumption of Risk
Plaintiff knew the risks and entered the situation anyway (part of the game)
copyright infringement
Plaintiff must show ownership of copyright and unauthorized copying. For willful infringement and enhanced damages plaintiff must show knowledge or reckless disregard by defendant. Generally seek injunctions and monetary awards
Arraignment
Plea guilty, not guilty, or nolo contendre
4th Amendment Safeguards
Probable cause
Intellectual Property
Products of a person's creativity
Good Samaritan
Protection for those providing emergency aid (CPR ribs)
Invasion of Privacy
Publishing private information that would be reasonably embarrassing, invading private home or papers, or using likeness without permission
RICO
Racketeer Influenced and Corrupt Organizations Act
Probable Cause
Reasonable grounds for arrest or search
Apparent Authority
Reasonable person would believe the employee was authorized
Receiving Stolen Goods
Receiving property known to be stolen
Continuation Application
Same subject matter and date
Insider Trading
Selling securities based on inside information
Felony
Serious crime punishable by death or imprisonment over a year
Nominal Damages
Small amount to establish liability
Fiduciary
Someone obligated to act in the best interest of another
Intervening Cause
Something breaks the chain of causation (rock falls of truck)
Attractive Nuisance
Something that may attract trespassers and cause harm
6th Amendment Safeguards
Speedy Trial, Impartial Jury, Informed of Charges, Confront Witness, Production of Favorable Witness, Attorney
Preponderance of the evidence
Standard of proof in civil cases, more likely than not
Beyond a reasonable doubt
Standard of proof in criminal cases, no other logical explanation
Liquidated Damages
Statutory required damages
Larceny
Stealing tangible property with intent to deprive the owner
Proximate Cause
Strong enough connection to hold the defendant liable
Robbery
Taking property by force with intent
Theft
Taking someone's property without permission
Provisional Patent Application
Temporary patent application to secure priority for 1 year
Scienter
The intent to decieve
Embezzlement
Theft by a fiduciary of property entrusted to them
USPTO
United States Patent and Trademark Office
Nuisance
Unreasonable interference with the use of property
Slander of Property
Untrue statement that reduces property value
Slander of Title
Untrue statements that cause others to doubt ownership
Self Defense
Using force to defend oneself within reason
Appropriation
Using name or likeness without consent for commercial purposes
Extortion
Using public office to obtain assets
Identity Theft
Using someone's personal information without permission
Fraud (criminal)
Various types of fraudulent activities (mail, wire, bankruptcy, perjury
Negligence Per Se
Violation of a law that leads to harm or injury
Libel
Written defamation
absolute privilege
a witness testifying in a court or legislature may never be sued for defamation
Defenses to Assault and Battery
consent, self-defense, defense of others, defense of property (reasonable)
idea-expression dichotomy
if an idea cannot be separated from its expression then no copyright protection
Fair Use
the conditions under which you can use material that is copyrighted by someone else without paying royalties. Considers nature of use, nature of the work, amount used, economic use
conditional privilege
the right to make a false statement about a public figure which is intentionally untrue but not malcious
