LES 305 FINAL Exam Material

Law enforcement officers can conduct short, pat-down searches even without _______ when the officer has _______ that criminal activity is taking place or when the officer's safety is an issue.

probable cause, a reasonable suspicion

Laws based on the Restatements that cover individuals who are injured by a product are known as ______ laws.

product liability

___ 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.

products liability

The application process for patents is called __ a patent, which typically has three major stages

prosecuting

The two primary reasons that justify a search incident to arrest exception are (1) ________ and (2) _____

protection of the officer; prevention of the destruction of evidence

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

In the "_______" theory of sexual harassment, the harasser demands sexual favors as a condition of continued employment or as a prerequisite for a promotion or pay raise.

quid pro quo

Title VII prohibits discrimination in the workplace on the basis of an employee's: ____

race, color, religion

The ADA defines a "qualified individual" as someone who, with or without _______, can perform the "essential functions" of the employment position that such individual holds or desires.

reasonable accommodation

The ADA requires an employer with 15 or more employees to make ______ for a disabled employee in the workplace so long as the accommodation does not cause the employer to suffer an undue hardship.

reasonable accommodations

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 a person does not have a "disability" under the ADA, employees still may be protected by the ADA under the _______ test.

regarded-as

Although copyrighted works may be _______ with the U.S. Copyright Office, the creation of the work itself _______ confer(s) a copyright on the material.

registered, automatically

Federal antidiscrimination statutes are categorized into two classes, those that _____

require persons receive special treatment; require persons receive equal treatment

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

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

According to the Copyright Act, the owner of a copyright has the exclusive right to:

sell the work reproduce the work adapt the work

Proponents of recognizing sexual orientation as a protected class argue that it amounts to discrimination based on _______ which is illegal under federal discrimination statutes.

sex

Title VII includes "_______" as a(n) _______ class and federal law extends protection to employees who are being sexually harassed.

sex, protected

One area of federal antidiscrimination law that has recently developed rapidly is whether _______ may be a protected class under Title VII.

sexual orientation

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

State antidiscrimination statutes differ from federal statues in two ways: _______ and _______

some states have expanded protected class membership to include LGBTQ individuals; state statutes tend to cover more employers

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

The plaintiff in an ADEA case must prove that the younger employees are substantially younger which means at least _____ years younger to qualify.

10

The initial registration period for a mark at the USPTO is _______ years, but marks may be renewed _______ so long as the holder continues to pay the registration fee.

10, an unlimited number of times

Once an individual or her property is in public, privacy expectations are diminished and _______ Amendment protections become more limited in scope.

4th

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

5th

The _______ Amendment provides that no person "shall be compelled in any criminal case to be a witness against himself."

5th

The _______ seeks to eliminate discriminatory employment practices against _______ persons that would prevent otherwise qualified employees from obtaining or continuing employment, being promoted, or obtaining benefits available to non-disabled employees.

ADA, disabled

The primary federal antidiscrimination statutes are: _____

ADEA, Title VII, ADA

A(n) _______ allows employers to hire and employ on the basis of religion, gender, or national origin when the characteristic is _______ to the normal operation of that particular business.

BFOQ, reasonably necessary

The _______ is the administrative agency charged with carrying out federal workplace antidiscrimination laws.

EEOC

The _______ is a criminal antibribery statute that was enacted principally to prevent corporate bribery of foreign officials in business transactions.

FCPA

True or false: Affirmative action plans require absolute equality.

False

True or false: Employers are required to overlook employee misconduct when complying with antidiscrimination statutes.

False

True or false: Violation of a criminal law means that a civil wrong cannot be violated with the same action.

False

In 1998, the U.S. Supreme Court decided the _______ and the _______ cases that extended vicarious liability to employers for sexual harassment under certain circumstances.

Faragher, Ellerth

The _______ defense is a judicially created affirmative defense whereby an employer may avoid _______ by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.

Faragher/Ellerth, vicarious liability

____ generally carry one year or more of incarceration as the penalty whereas _______ carry up to one year of incarceration as the penalty.

Felonies, misdemeanors

Understanding criminal procedure in a business environment, means focusing on protections found in the _______ and _______ Amendments.

Fifth Fourth

_____ is the first step for a party claiming unlawful employment discrimination.

Filing a complaint with the EEOC

The _______ Act allows the USPTO to reject a mark if it is "immoral, deceptive, or scandalous matter" or may be disparaging to "people, institutions, beliefs, or national symbols."

Lanham

The _______ Act protects an holder's (owner's) registered _______ from use without the owner's permission

Lanham, trademark

In order for an injured party to recover damages for tortious interference with contract, the tortfeasor must have : __

specific knowledge of the contract; actively interfered with the contract; caused specific damages to the injured party

Conspiracy requires a(n) _______ intent to achieve the object of the conspiracy but does not require that the _______ actually be carried out.

specific, act

The Restatements of Torts provide for __________, in cases where neither intent nor negligence need be proved.

strict liability

The _______ Act mandated that each discriminatory paycheck resets the period of time during which the worker may file a pay discrimination claim.

Lily Ledbetter Fair Pay

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

_____ damages are available only when a plaintiff proves that a private employer acted with malice, in retaliation, or with reckless disregard for the employment discrimination laws.

Punitive

_____ is a powerful tool to prevent organized crime from infiltrating legitimate business operations.

RICO

Generally, tort law is governed by _______ law principles and the _______ of Torts.

Restatement, common

______ of the Civil Rights Act of 1964 and its amendments make up the centerpiece of antidiscrimination statutes.

Title VII

True or false: According to federal antidiscrimination laws not all discrimination is illegal.

True

True or false: Affirmative action in employment began during World War II when President Franklin D. Roosevelt issued an executive order banning racial, religious, and gender discrimination in the defense industry.

True

True or false: The FCPA prohibits a company and its officers, employees, and agents from giving, offering, or promising anything of value to any foreign (non-U.S.) official with the intent to obtain or retain business or any other advantage.

True

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

If a prosecutor elects to proceed with the charges, the defendant is entitled to ______

a preliminary hearing; a preliminary adjudication

Strict liability is recognized in the Restatements primarily for _______ and for _____

abnormally danegrous activities; defective products

The Restatement set out a six-factor test for ________ activities that may trigger strict liability

abnormally dangerous

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

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

Obstruction of justice can take many forms, including the following: _

altering documents; lying to investigators; concealing documents

Which of the factors do courts use in determining whether information is a trade secret?

amount invested to develop the information; efforts to maintain trade confidentiality among employees and third-party vendors; the value of the information to competitors

To qualify for _______, the employee must have a documented disability.

an accommodation

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

Courts use the _______ model defined in the Polaroid v. Polarad case to determine whether a likelihood of confusion exists

balancing

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

In criminal cases, where the stakes may involve an individual's liberty, the government must prove its case ________, a much higher burden than a civil case.

beyond a reasonable doubt

In a trademark dilution claim, evidence of consumer confusion is not necessary because dilution can occur by: ________ or ___

blurring; tarnishment

Insider trading laws prohibit corporate insiders (such as _______) from trading their company's stock based on their insider knowledge

brokers corporate counsel executives

A significant difference between criminal cases and civil cases is the __

burden of proof

Perhaps the broadest defense to employment discrimination is ________, which occurs when a business can justify discrimination on the basis that it is legitimately necessary to the business operations of the company.

business necessity

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

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

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

___ negligence holds that even 1 percent of negligence on the part of the plaintiff is a complete bar to any plaintiff recovery.

contributory

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are considered violations of Title VII if the conduct is ______ or _______

creates an offensive work environment; the basis for any employment decisions

To derive copyright protection, a work must meet a three-part test:

creativity; fixed in a durable medium; originality

_____ 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

While the UTSA does not include any _______ sanctions for _______ many states have added separate statutes that do.

criminal, misappropriation

There are several major classes of criminal activity through the use of a computer: _____

cyberstalking creating a computer virus stealing a username and password

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

A tortfeasor may be held strictly liable in cases primarily involving _______ and _______ activities.

defective products; abnormally dangerous

When a copyright holder adapts the work, the adaptations are referred to as

derivatives

There are three types of patents:

design utility plant

__ 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

Employment discrimination encompassing a broad spectrum of workplace-related discrimination that includes: _____

disciplinary actions, the hiring process, promotions

Works that cannot be copyrighted include: _

discoveries concepts ideas

Antidiscrimination statutes bar employers from terminating employees based on _______.

discriminatory motives

The three most common theories of discrimination are: _______

disparate treatment, disparate impact, mixed motives

For a trademark to be _______, it must identify the source of a particular product (or service for service marks)

distinctive

A primary threat to a mark's _______ is the use of the mark by competitors and other third parties

distinctiveness

The ADEA is similar to Title VII in that protected employees ______ and become members of a special class if ______.

do not get special treatment, employers discriminated against them in favor of a substantially younger employee

Similar to BFOQ, the ADA has a statutory scheme which allows _______ of persons with disabilities if the person, with or without _________, cannot perform essential job functions.

exclusion, reasonable accommodation

If a law enforcement officer wrongfully searches a suspect's house without first obtaining a search warrant, under the _______ rule, any evidence obtained in that search may not be used against the suspect.

exclusionary

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

True or false: In the context of direct infringement, an exact copy is required

false

True or false: Like copyright, registration of a mark is automatic

false

The law recognizes an individual's reputation as a valuable asset and imposes liability on a party that makes _______ and _______ statements affecting another party's reputation.

false, defamatory

Holders acquire rights to trademark protection either through (1) _______ or (2)_______

federal registration; use in commerce

The first step in asserting a discrimination claim is _______ at the local office of the EEOC.

filing a discrimination claim

Perhaps the most common white-collar crime is ___

fraud

___ 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

White-collar crimes usually signify criminal violations by corporations or individuals, including: _____

fraud bribery conspiracy

The exclusionary rule tends to benefit so-called "guilty" parties by excluding evidence, but courts allow an exception to the rule if the authorities were acting in ___

good faith

The seniority system is a defense for employers and must be based on several criteria: _______

good faith employment decisions, objective elements of seniority

Courts only allow recovery for tortious interference with prospective advantage under limited circumstances where the tortfeasor's conduct was _

highly anticompetitive

Under the _______ theory of sexual harassment, a violation of Title VII occurs when the conduct of the harasser is of so pervasive in the workplace that it interferes with the victim's ability to perform her job responsibilities.

hostile work environment

Under the ADEA employers are prohibited from discriminating against employees on the basis of their age ____

if the employee is over 40 years old

One can apply for federal trademark in commerce so long as the mark is being used in commerce __

in more than one state

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

Title VII provides aggrieved employees with a broad range of remedies including: ___

injunction, backpay, reinstatement

____ 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

Torts fall into one of three general classes: ____

intentional torts; strict liability; negligence

Patent infringement occurs in one of two ways: _______ or ___

literal infringement; equivalence

The following are all factors in defining what may constitute an abnormally dangerous activity: _____

location of the activity; eliminate risk by exercising reasonable care; activity involves a high degree of risk of some harm

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."

manufacturer; defect

In certain cases of fraud, active concealment of a(n) ______ fact, versus a(n) _______ false representation, may also constitute fraud.

material, affirmative

Under Title VII, statutory protection is extended only to those who have been discriminated against based on ______

membership in a protected class

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

When targeting corporate officers, most criminal statutes do not require the specific _______ (guilty mind) that is required for other crimes.

mental intent

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.

merchant's privilege; does not coerce

A trade secret owner has the right to keep others from _______ or _______ the trade secret for the duration of the firm's existence

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

Generally, crimes may be classified as either ________ or ________

misdemeanors felonies

If tomatoes leave the processing plant in a reasonable condition (not dangerous) and then are contaminated or damaged in the next stage of the commercial chain of delivery, the resulting harm may not make the manufacture liable for ______ but make the manufacturer liable for ______

strict liability; negligence

The most appealing option for pursuing a products liability case is the doctrine of _______, because the injured party need not prove the elements of _____

strict liability; negligence

In the Adarand Constructors v. Pena case, the Supreme Court ruled that state and local government affirmative action plans in race-or gender-based preferences for hiring contractors would be subject to the _______ standard.

strict scrutiny

If sexual harassment is perpetrated by a supervisor the employer is _______ for any sexual harassment claim, if the harassment culminates in a tangible employment action such as termination.

strictly liable

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 Equal Pay Act (EPA) makes it illegal for employers to pay unequal wages to men and women who perform _______ work.

substantially equal

The ADA defines "disability" as a physical or mental impairment that _______ a person's ability to participate in _______ activities.

substantially limits, major life

The Constitution requires that an impartial magistrate issue a search or arrest warrant only if _______ has been established.

sufficient probable cause

If sexual harassment does not result in a(n) _______ employment action (e.g., demotion), employers may avoid liability via the _______ defense by proving that a preventative was in place but the employee failed to take advantage of it.

tangible, Faragher/Ellerth

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

Technically, the Equal Pay Act is an amendment to _______ and is not categorized as an antidiscrimination statute.

the Fair Labor Standards Act

From a legal perspective, a crime has two parts: _______, and (2) ______

the defendant's subjective mental state, the defendant's physical action(s)

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

Courts have been very reluctant to extend reasonable-expectation-of-privacy rights to ______

the workplace

A trade secret is obtained through improper means if it is acquired by:

theft bribery breach of contract

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

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

____ such as processes, formulas, methods, procedures, and lists can be valuable assets that allow companies to obtain a competitive advantage

trade secrets

A(n) _______ is a nonfunctional, distinctive word, name, shape or symbol that helps consumers to distinguish one product or service from another.

trademark

The CFAA prohibits unauthorized use of computers to commit: ____

trafficking in passwords; espionage; extortion to damage a computer

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: 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

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

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

The Faragher and Ellerth cases held that an employer could be held _______ for sexual harassment by a(n) _______ co-worker if the employee can prove the employer was negligent in responding to a sexual harassment complaint made to a supervisor.

vicariously liable, nonsupervisory

In a products liability case, the plaintiff has the option of three different legal theories she may pursue against the tortfeasor: ____

negligence; warranty; strict liability

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

The RICO statute makes it a criminal offense for anyone associated with an enterprise to conduct or participate in its affairs through a pattern of _______ or ______ activity.

organized criminal, racketeering

For a work of authorship to qualify as "_______" the author must use her own creative capabilities to create the work or medium.

original

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

Patent laws also protect inventors of any new, ________, and _______ design for an article of manufacture

original; ornamental

For criminal liability, there must be some _______ conduct (either an act or an omission), and it must be _____

overt, voluntary

A(n) _______ is a statutorily created right that allows an inventor the exclusive right to make, use, license, and sell an invention for a limited amount of time.

patent

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

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

Historically, _______ laws were important protection for purchasers of products because they imposed liability even in the absence of negligence

warranty

____ crimes usually signify criminal violations by corporations or individuals, including fraud, bribery, theft, and conspiracy committed in the course of the offender's occupational duties.

white-collar

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

As an administrative agency, the EEOC may use its investigative authority to: _______

witness statements, obtain documents

The tort of negligence has specific elements, including: _

Breach of Duty; causation; duty; damages

___ 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

_______ is an agreement by two or more persons to commit a _______ act which is complete upon agreement.

Conspiracy, criminal

_____ 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

In the _______ case, the court made clear that since Title VII was gender-neutral, it recognized sexual harassment as a form of discrimination - regardless of the gender of the victim or the harasser.

Oncale v. Sundowner Offshore Services

The responsible corporate officer doctrine, commonly referred to as the _______ doctrine, permits the government to prosecute key employees for _______ misconduct when they are in a position of authority and fail to prevent or correct a food and drug violation.

Park, corporate

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

Identify the words contained in a criminal statute to express the guilty mind requirement.

Wantonly Intentionally Knowingly

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

Patent rights are important for the entire business community because it offers full legal protection of their _______, ______, and ______

inventions, methods and ideas

The criminal justice system is best thought of as one process that operates in two phases: _______ and ____

investigation, adjudication

A merchant's privilege is limited by: _

length of detention, coercion for payment, location

Law enforcement officers do not commit a Fourth Amendment violation when a government agent obtains evidence that is in ______

plain view

The modern trend in criminal law is to expand the scope of criminal statutes to include criminal culpability for both: _______ and _______.

principals, corporations

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

The patent statute delineates the guidelines for a novelty standard as follows: ___

priority for inventors; filing within a reasonable time; public use

Individuals should have the highest expectations of _______ in their own homes.

privacy

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

If the prosecutor cannot offer sufficient evidence of _______, the charges will be dismissed.

probable cause