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Legal Environment OB
Test 2 - Ch 4, 7, 12, 13
| Question | Answer |
|---|---|
| The defendants failure to exercise reasonable care as measured by a reasonable person under the circumstances. Furthermore, the defendant negligence is the proximate/legal cause of harm to the plantiff | Negligence tort |
| Physical characteristics and children. Both subjective. | Exceptions to the negligence tort |
| Duty Breach of Duty Proximate cause Plaintiffs damages No defenses | Elements of negligence tort for the plaintiff to get full recovery |
| 1a. Partial Comparative Negligence (50% bar rule) 1b. Pure comparative negligence 1c. Contributory negligence (was plaintiff also negligent) | Defenses of negligence torts |
| 2. assumption of the risk 3. Lack of proximate cause a. unforeseeable pff or chain of events b. superseding cause (3rd party) 4. reasonable care (unavoidable accident) | More defenses of negligence torts |
| An act or omission on the part of the defendant that confines or restrains plaintiff to a bounded area | False imprisionment |
| Freedom of movement in all directions - no reasonable means of escape known to plaintiff | Bounded area |
| Defamatory words that are spoken | Slander |
| Defamatory words that are printed | Libel |
| 1. Def makes public disclosure of private facts about pff 2. Def intrusion upon the pff's private affairs or seclusion 3. Def w/o authorization appropriates pff's picture, likeness or name for def's commercial advantage | Invasion of the right to privacy |
| 1. Consent 2. Public figures have lesser protection (their expectation of privacy is less) | Invasion of Privacy Defenses |
| 1. A valid contract exist between pff and a 3rd party 2. Def has knowledge of said contract 3. Def intentionally induces the 3rd party to breach the contract for their own pecuniary (financial) advantage. | Wrongful Interference with a contractual relationship |
| Ethics in a business context; a conxensus of what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting | Business Ethics |
| A concept developed by the philsopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right/wrong/desirable/ undesirable, a person should evaluate the action in terms of what would happen if everyone acted thesame way | Categorical imperative |
| The concept that corporations can and should act ethically and be accountable to society for their actions | Corporate social responsibility |
| A decision-making technique that involves weighing the costs of a given action against the benefits of the action | Cost-benefit analysis |
| A reasoning process in which an individual links his or her moral convictions or ethical standards to the particular situation at hand. | Ethical reasoning |
| Moral principles and values applied to social behavior | Ethics |
| The minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law. | Moral minimum |
| The principle that human beings have certain fundamental rights (to life, freedom, and the pursuit of happiness). | Principle of rights |
| Sometimes, publicly held companies use funds from their own treasuries to repurchase their own stock, with the result being that the price of the stock usually goes up. | Stock buyback |
| A certificate that grants the owner the option to buy a given number of shares of stock, usually within a set time period. | Stock options |
| An approach to ethical reasoning in which ethically correct behavior is not related to any absolute ethical or moral values but to an evaluation of the consequences of a given action on those who will be affected by it. | Utilitarianism |
| The philosophical practice of defining and adhering to an absolute set of standards by which ethical behavior can be measured. | Deontology |
| A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime. | Actus reus |
| The malicious burning of another's dwelling. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means-for example, by explosion. | Arson |
| The standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty by this. | Beyond a reasonable doubt |
| Short for robot network-a group of computers that run an application that is controlled and manipulated only by the software source. | Botnet |
| The unlawful entry into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime). | Burglary |
| Any wrongful act that is directed against computers and computer parties, or wrongful use or abuse of computers or software | Computer crime |
| A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment-or in some cases, death. | Crime |
| A crime that occurs online, in the virtual community of the internet, as opposed to the physical world | Cyber crime |
| Fraud that involves the online theft of credit card information, banking details, and other information for criminal use. | Cyber fraud |
| A hacker whose purpose is to exploit a target computer for a serious impact, such as the corruption of a program to sabotage a business. | Cyber-terrorist |
| A situation occurring when a person is tried twice for the criminal offense; prohibited by the 5th Amendment to the Constitution | Double jeopardy |
| Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform | Duress |
| The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted. | Embezzlement |
| In criminal law, a defense in which the defendant claims that he or she was induced by a public official-usually an undercover agent or police officer-to commit a crime that he or she would otherwise not have committed | Entrapment |
| In criminal procedure, a rule under which any evidence that is obtained in violation of the accused's rights guaranteed by the 4th, 5th, and 6th Amend., as well as any evidence derived from illegally obtained evidence, will not be admissible in court | Exclusionary rule |
| A crime-such as arson, murder, rape or robbery-that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one's life. | Felony |
| The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another. | Forgery |
| A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis(probable cause)exists for believing that a crime has been committed and whether a trial ought to be held | Grand jury |
| A person who uses one computer to break into another. Professional computer programmers refer to such persons as "crackers." | Hacker |
| The act of stealing another's identifying information-such as a name, date of birth, or Social Security number-and using that information to access the victim's financial resources. | Identity theft |
| A charge by a grand jury that a reasonable basis(probable cause)exists for believing that a crime has been committed and that a trial should be held | Indictment |
| A formal accusation or complaint (w/o an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer, such a s magistrate | Information |
| The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify this as either grand or petit, depending on the property's value | Larceny |
| Refers to any program that is harmful to a computer or, by extension a computer user. | Malware |
| Mental state, or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. | Mens rea |
| A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary. | misdemeanor |
| Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise-in effect, "laundering" the "dirty money." | Money laundering |
| In criminal law, a defense against liability;section 3.02 of the ModelPenalCode, this defense is justifiable if "the harm or evil sought to be avoided" by a given action "is greater than that sought to be prevented by the law defining the offense charged" | Necessity |
| In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation | Petty offense |
| An online fraud action that allows criminals to pretend to be legitimate companies either by using e-mails or malicious web sites that trick individuals and companies into providing useful info, such as bank account #, Social Security #, or credit card # | Phising |
| The process by which a criminal def and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the def's pleading guilty to a lesser offense in return for lighter sentence | Plea bagaining |
| The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered this | Robbery |
| The legally recognized privilege to protect one's self or property against injury by another. The privilege protects only acts that are reasonably necessary to protect one's self or property. | Self-defense |
| Privilege against is guaranteed by the 5th Amend., which reads in par, "nor shall[any person]be compelled in any criminal case to be a witness against himself." | Self-incrimination |
| Any program transmitted between computer via the Internet generally without the knowledge or consent of the recipient. Attempt to do deliberate damage to systems and data | Virus |
| The voice counterpart of phising; this use an email or a notice on a web site that encourage persons to make a phone call which then triggers a voice response system that asks for valuable personal info such as credit card numbers | Vishing |
| Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage. | White-collar crime |
| A type of virus that is designed to copy itself from one computer to another without human interaction. Email. | Worm |
| Capable of serving as the basis of a lawsuit. | Actionable |
| A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth | Actual Malice |
| In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user | Appropriation |
| Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat | Assault |
| A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger | Assumption of risk |
| The unprivileged, intentional touching of another | Battery |
| Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes | Business invitee |
| Wrongful interference with the business rights of another | Business tort |
| A situation or set of facts sufficient to justify a right to sue. | Causation in fact |
| A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence | Comparative negligence |
| A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party | Compensatory damages |
| A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. An absolute bar to recovery in a minority of jurisdictions. | Contributory negligence |
| The wrongful taking, using, or retaining possession of personal property that belongs to another | Conversion |
| A tort committed via the internet | Cyber tort |
| Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character | Defamation |
| An economically injurious false statement made about anothers product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title. | Disparagement of property |
| A statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers/servers of drinks contributed to the drunk | Dram shop act |
| The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. | Duty of care |
| Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment | Fraudulent misrepresentation |
| A state statute that provides that persons who rescue or provide emergency services to others in peril-unless they do so recklessly, thus causing further harm-cannot be sued for negligence | Good Samaritan statute |
| A wrongful act knowingly committed | Intentional tort |
| Professional misconduct or the failure to exercise the requisite degree of skill as a professional. | Malpractice |
| The failure to exercise the standard of care that reasonable person would exercise in similar circumstances | Negligence |
| An act (or failure to act) in violation of a statutory requirement | Negligence per se |
| In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. May be raised as a defense to defamation | Privilege |
| Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability | Proximate cause |
| Individuals who are thrust into the public limelight. Include govt. officials and politicians, movie stars, well-known businesspersons, and generally anybody who becomes known to the public cuz of what they do | Public figure |
| Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct | Punitive damages |
| The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence | Reasonable person standard |
| A doctrin under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. "the facts speak for themselves" | Res ipsa loquitor |
| The publication of false info about anothers product, alleging that it is not what its seller claims | Slander of quality |
| The publication of a statement that denies or casts doubt on anothers legal ownership of any property, causing financial loss to that property's owner. Also called trade libel. | Slander of title |
| Bulk, unsolicited (junk) email. | Spam |
| An intervening force or event that break s the connection between a wrongful act and an injury to another; in negligence law, a defense to liability. | Superseding cause |
| A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. | Tort |
| One who commits a tort | Tortfeaser |
| The publication of false info about anothers product, alleging it is not what its seller claims; also referred to as slander of quality | Trade libel |
| The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization | Trespass to land |
| The unlawful taking or harming of anothers personal property; interference with anothers right to the exclusive possession of his or her personal property | Trespass to personal property |
| A spectator, witness, or person who was standing nearby when an event occurred and who did not engage in the business or act leading to the event | Bystander |
| A method of sharing liability among several firms that manufactured or marketed a particular product that may have caused a plaintiff's injury. | Market-share liability |
| The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods | Product liability |
| A defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer. | Product misuse |
| Basically, a statute of limitations that is not dependent on the happening of a cause of action. | Statue of repose |
| Liability regardless of fault. In tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals or defective products. | Strict liability |
| In product liability, a product that is defective to the point of threatening a consumer's health and safety. Dangerous beyond the expectation of the ordinary consumer or if a less dangerous alternative was economically feasible,but the manu. didn't doit | Unreasonably dangerous product |
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AbbyP
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