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Business Law Final Flash Cards
University of Utah-Professor Jeff Nielsen, Business Law Class
32
Law
Undergraduate 4
12/09/2012

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Cards

Term
1st Amendment
Definition
Freedom of Religion, Speech, Assembly, Petition, and Freedom of the Press
Term
2nd Amendment
Definition
Right to bear arms
Term
3rd Amendment
Definition
Guarantees that the Army cannot force homeowners to give them room and board
Term
4th Amendment
Definition
Protects the people from the government improperly taking property, papers, or people without a valid warrant based on probable cause
Term
5th Amendment
Definition
Protects people from being held for committing a crime unless they are properly indicted
That they may not be tried twice for the same crime
That you need not be forced to testify against yourself
From property being taken without just compensation.

It also contains due process guarantees
Term
6th Amendment
Definition
Guarantees a speedy trial, an impartial jury, that the accused can confront witnesses against them, and that the accused must be allowed to have a lawyer.
Term
7th Amendment
Definition
Guarantees a jury trial in federal civil court cases.

This type of case is normally no longer heard in federal court.
Term
8th Amendment
Definition
Guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.
Term
9th Amendment
Definition
Simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.
Term
10th Amendment
Definition
Any power not granted to the federal government belongs to the states or to the people.
Term
11th Amendment
Definition
More clearly defines the original jurisdiction of the Supreme Court concerning a suit brought against a state by a citizen of another state.
Term
12th Amendment
Definition
Redefines how the President and Vice-President are chosen by the Electoral College, making the two positions cooperative, rather than first and second highest vote-getters. It also ensures that anyone who becomes Vice-President must be eligible to become President.
Term
13th Amendment
Definition
Abolished Slavery in the United States
Term
14th Amendment
Definition
Ensured that all citizens of all states enjoyed not only rights on the federal level, but on the state level, too.

It removed the three-fifths counting of slaves in the census.

It ensured that the United States would not pay the debts of rebellious states.

It also had several measures designed to ensure the loyalty of legislators who participated on the Confederate side of the Civil War.
Term
15th Amendment
Definition
Ensures that race cannot be used as a criteria for voting.
Term
16th Amendment
Definition
Authorizes the United States to collect income tax without regard to the population of the states.
Term
17th Amendment
Definition
Shifted the choosing of Senators from the state legislatures to the people of the states.
Term
18th Amendment
Definition
Abolished the sale or manufacture of alcohol in the United States. (Prohibition)
Term
19th Amendment
Definition
Ensures that gender cannot be used as a criteria for voting.
Term
20th Amendment
Definition
Set new start dates for the terms of the Congress and the President, and clarifies how the deaths of Presidents before swearing-in would be handled.
Term
21st Amendment
Definition
Repealed Prohibition (18th Amendment)
Term
22nd Amendment
Definition
Set a limit on the number of times a President could be elected - two four-year terms.

It has one exception for a Vice-President who assumes the Presidency after the death or removal of the President, establishing the maximum term of any President to 10 years.
Term
23rd Amendment
Definition
Grants the District of Columbia (Washington D.C.) the right to three electors in Presidential elections.
Term
24th Amendment
Definition
Ensured that no tax could be charged to vote for any federal office.
Term
25th Amendment
Definition
Clarifies even further the line of succession to the Presidency, and establishes rules for a President who becomes unable to perform his duties while in office.
Term
26th Amendment
Definition
Ensures that any person 18 or over may vote.
Term
27th Amendment
Definition
Requires that any law that increased the pay of legislators may not take effect until after an election.
Term
Fanciful Mark

(Xerox, Advil, Kodak)
Definition
It does not exist as a word apart from that particular product.

Subject to Trademark Protection after the FIRST Public use.

It is a word that the company has COMPLETELY MADE UP.
Term
Arbitrary Mark

(Apple Computers, Amazon)
Definition
Not a made up word, but the name has absolutely nothing to do with it's products.

Immediately subject to Trademark protection upon first public use.
Term
Suggestive Mark

(Neptune Speed Boats, Gorilla Glass)
Definition
The name somewhat describes its products.

Neptune would give the idea that it has something to do with water.
Gorilla Glass would suggest that it is very strong glass.
Term
Descriptive Mark

(Drop Box, Tiffany Blue)
Definition
The name of the company would describe it's products.

You drag and drop files into drop box so that it shows up in the cloud.
If you see the specific color of blue that Tiffany Co. blue uses and you automatically thing Tiffany's, then the color has a secondary meaning, and is Trademarkable.
Term
Generic Mark

(SOAP)
Definition
No protection at all.

If you have a company called SOAP, that makes and sells soap, you will get zero protection because it is a generic name and cannot gain Trademark protection because it is used to describe other products
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