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BUL exam 2
| Question | Answer |
|---|---|
| what are the two elements of a crime? | an act or omission mental state |
| what are the classifications of crime? | by their source and their degree of criminality |
| indemnification of crimes | fines are paid to the agency not victims can recover indemnification only for unjust convictions |
| what have legislators proposed as criminal penalties orientated to the corporate person | new statutes, increased fines, mandatory prison sentences, criminal conviction of corporate officers for acts of their agents |
| what are the four common law crimes | larceny, robbery, burglary, and arson |
| what element is required for someone to be prosecuted under a computer crime | what the party has knowledge on the use of computers |
| an act can be both a tort and a | crim but you must check the jursidiction |
| understand crime procedures in the business world | 4th amendment- both the individual and the corporation 5th- individuals only 6th- both the corporation and the individual |
| classifications of torts | voluntary action negligence (carelessness) strict liability |
| difference between a tort and a crime | torts are violations of a private duty crimes are a violation of a public duty |
| what must a shopkeeper demonstrate in order to claim the defense? | detention, basis to detain, manner and time |
| what is the difference between libel and slander? | libel written form of defamation. slander spoken form of defamation |
| what is the defense to defamation | truth |
| what is qualified privilege and absolute privilege | QP- applies to the media, immunity if done w/o malice and print a retraction AP- applies to legislators and provides immunity for statements made in the course of thier duty |
| what are the four elements of negligence? | duty breach causation damages economic or non economic |
| what is immunity? | some people are exempt from liability by statute |
| what is strict liability | liability regardless of whether it is purposeful careless or not |
| what is contribuatory negligence? | plaintiff contributes to their injuries in any percentage, they are barred from recovery at all |
| comparative negligence | can still recever if they are partly at fault for their injuries but only to the degree of the defendants culpability |
| Damages of mental distress can be claimed only by? | plaintiff that can show proof of negligence |
| what is express assumption of risk? | written exculpatory clause relieving the party of any liability for injuries sustained |
| what is implied assumption of risk? | implicit by your participation that you will hold them harmless |
| what is a trademark? | exclusive protection granted to the owner of the trademark or protection of the service mark |
| what is a patent and what are the differnet types? | patent is an exclusive right to own and use an invention or design |
| what are the different types of patents? | utility- processes machines manufacturing processes(20 years) design- ornamental design (14 years) plant- asexual plant reproduction (20 years) |
| what is a copyright? | exclusive right given by federal statute to use an original expresssion that is preseverd in a tangible form |
| what is the duration of a copyright? | 120 years from creation or 95 years from publication which ever comes first |
| what are trade secrets? | a business formula information compilation or device that provides an advantage over competitors that do not have it is knows as a trade secret |
| what is a trade dress? | is the protection afforded to the total appearance of a product |
| how do you obtain a court order enjoining a competitor from using your trademark? | must show that competitor use of mark is in danger of confusing the public |
| owners have exclusive rights for how long under the Semiconductor Chip Protection Act? | 10 years |
| how are copyright infringements of software proven in court? | determined by examining the similarity of significant steps of programs |
| what issues are covered under cyberlaw? | tort issues contract issues intellectual property issues criminal violations constitutional restraints securities law issues |
| are emails private? | NO |
| who can access your emails at work? | only the employer |
| what are the dangers of defamation in cyberspace as well as the tort of appropriation | because the information can be communicated to a vastly greater audience, damages are greater |
| what are the damages for misrepresentation and fraud in cyberspace? | companies who have misrepresented the capabilities of their search engines or failed to disclose the methods maybe liable ffor fraud and if so might be responsible for rescission or damages |
| intellectual property rights are protected for the sake of? | innovations |
| constitutional rights in cyberspace | right to free speech but limited by more regulations than an individual does 1st amendment- free speech |
| what is phishing? | sending emails that appear to be from a parts bank and other account sources in order to get private information |
| what is pharming? | is a process that redirects a party to a website in order to obtain information |
| evil twin phenomenon | false wifi networks to get information |
| pump and dump | when you release false information to get stock pricing up and sell stocks before comes to the realizaiton that the information was false. |
Created by:
bryanlduran
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