BUL exam 2
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
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| what are the two elements of a crime? | an act or omission
mental state
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| what are the classifications of crime? | by their source and their degree of criminality
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| indemnification of crimes | fines are paid to the agency not victims can recover indemnification only for unjust convictions
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| 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
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| what are the four common law crimes | larceny, robbery, burglary, and arson
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| what element is required for someone to be prosecuted under a computer crime | what the party has knowledge on the use of computers
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| an act can be both a tort and a | crim but you must check the jursidiction
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| 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
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| classifications of torts | voluntary action
negligence (carelessness)
strict liability
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| difference between a tort and a crime | torts are violations of a private duty
crimes are a violation of a public duty
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| what must a shopkeeper demonstrate in order to claim the defense? | detention, basis to detain, manner and time
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| what is the difference between libel and slander? | libel written form of defamation.
slander spoken form of defamation
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| what is the defense to defamation | truth
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| 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
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| what are the four elements of negligence? | duty
breach
causation
damages economic or non economic
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| what is immunity? | some people are exempt from liability by statute
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| what is strict liability | liability regardless of whether it is purposeful careless or not
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| what is contribuatory negligence? | plaintiff contributes to their injuries in any percentage, they are barred from recovery at all
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| comparative negligence | can still recever if they are partly at fault for their injuries but only to the degree of the defendants culpability
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| Damages of mental distress can be claimed only by? | plaintiff that can show proof of negligence
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| what is express assumption of risk? | written exculpatory clause relieving the party of any liability for injuries sustained
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| what is implied assumption of risk? | implicit by your participation that you will hold them harmless
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| what is a trademark? | exclusive protection granted to the owner of the trademark or protection of the service mark
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| what is a patent and what are the differnet types? | patent is an exclusive right to own and use an invention or design
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| 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)
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| what is a copyright? | exclusive right given by federal statute to use an original expresssion that is preseverd in a tangible form
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| what is the duration of a copyright? | 120 years from creation or 95 years from publication which ever comes first
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| 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
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| what is a trade dress? | is the protection afforded to the total appearance of a product
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| 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
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| owners have exclusive rights for how long under the Semiconductor Chip Protection Act? | 10 years
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| how are copyright infringements of software proven in court? | determined by examining the similarity of significant steps of programs
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| what issues are covered under cyberlaw? | tort issues
contract issues
intellectual property issues
criminal violations
constitutional restraints
securities law issues
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| are emails private? | NO
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| who can access your emails at work? | only the employer
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| 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
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| 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
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| intellectual property rights are protected for the sake of? | innovations
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| constitutional rights in cyberspace | right to free speech but limited by more regulations than an individual does
1st amendment- free speech
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| what is phishing? | sending emails that appear to be from a parts bank and other account sources in order to get private information
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| what is pharming? | is a process that redirects a party to a website in order to obtain information
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| evil twin phenomenon | false wifi networks to get information
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| 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.
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