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BUL exam 2

QuestionAnswer
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