Term
| What is the focus of next week? |
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Definition
Business Ethics Chapter 2
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Managing to be ethical
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Example corporate ethics policy
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Term
| What is the focus of today? |
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Definition
Dispute Resolution
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Crime and Cybercrime
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Term
| What is the point of alternative dispute resolution? |
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Definition
| To settle a dispute before you go to court |
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Term
| You can take an arbitration to court if and only if? |
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Definition
| The arbitrator is corrupt or fraudulent |
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Term
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Definition
| Intervention in a dispute in order to resolve it. |
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Term
| What are the pros of Arbitration? |
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Definition
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Term
| Is there precedence in Arbitration? |
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Definition
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Term
| Does Arbitration have an appellate court? |
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Definition
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Term
| Is there a binding issue in mediation? |
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Definition
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Term
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Definition
| A court's power in relation to persons and subject matter. |
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Term
| What are the types of persons when referring to court jurisdiction? |
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Definition
Resident-inperson
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Resident-address
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Consent
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Point of Contact
-Minimal Contact
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Term
| What is Minimal Point of Contact? |
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Definition
| Sending one package to a state, allows one to be in that state's jurisdiction. |
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Term
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Definition
It covers a federal question or involves diversity of citizenship
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Term
| What is optional for either State or Federal Court? |
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Definition
Diversity of Citizenship Cases
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Term
| What is a federal question? |
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Definition
Determining if something is constitutional
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Federal Charge
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Questioning Federal Law
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Involves parties from two separate states
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Amount in controversy is greater than 75000
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Term
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Definition
| person who brings a case against another in a court of law |
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Term
| In Patent Litigation what does one sue for? |
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Definition
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Term
| Patent litigation is a federal issue, what kind of issue is licensing? |
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Definition
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Term
| How do Federal Courts cover Diversity of Citizenship cases? |
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Definition
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Term
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Definition
| If you make, use, or sell something that is patented |
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Term
| What is Eastern District of Texas for? |
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Definition
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Term
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Definition
| A court that tries to get appeals done as quickly as possible. |
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Term
| Is Eastern District of Texas a rocket docket? |
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Definition
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Term
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Definition
| The Court of Appeals for the Federal Circuit |
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Term
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Definition
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Term
| The only entity that polices your patent is who? |
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Definition
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Term
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Definition
| Attempting as the plaintiff to find the forum to best suit your needs. |
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Term
| Who gets to pick the venue? |
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Definition
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Term
| Can the Defendant request a change of venue? |
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Definition
| Yes, but doesn't work most of the time. |
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Term
| What are the levels of Alabama's court system from top to bottom? |
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Definition
Supreme Court/Federal District Court
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Appellate Courts
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All Cases
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Minor |
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Term
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Definition
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Term
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Definition
Answer Complaints
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Counter Claim
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Cross Complaint
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Defenses
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Term
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Definition
| A complaint filed against a filed complaint |
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Term
| What is a Defense 12(b)(6)? |
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Definition
| The Defendant takes responsibility but there is no way to remedy the situation |
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Term
| All Defenses normally have what? |
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Definition
The Plaintiff is responsible
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I didn't do it
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Defense 12(b)(6)
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Term
| What is the order of events in pretrial? |
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Definition
Motions
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Discovery
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Turn over documents
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Take depositions
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Motions
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Voir Dire
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Term
| What are Cross Complaints? |
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Definition
| When the Defendant says someone else is truly responsible and brings them in. |
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Term
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Definition
| Requesting for random unrelated documents in hopes that they are connected to the case. |
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Term
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Definition
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Term
| With Voir Dire you have free eliminations but you must not eliminate members of jury based on what? |
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Definition
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Term
| If you cannot follow the law you cannot what? |
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Definition
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Term
| What are the parts of a trial? |
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Definition
Opening Statements
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Examination
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Cross Examination
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Closing Statements
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Jury instructions
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Jury Decision
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Term
| If you inappropriately give jury instructions then you can do what? |
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Definition
| Sway the jury's opinion, that is why if this were to occur one may appeal. |
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Term
| What are certain powers judge's can have in some cases? |
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Definition
Reduce award
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Overturn jury decision
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Term
| What is jury nullification? |
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Definition
| When a jury goes against the law |
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Term
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Definition
| Person, especially a public official, who institutes legal proceedings against someone, representing the people of the state. |
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Term
| What are the elements of standing to sue? |
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Definition
There must be an actual case or controversy
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Actual Harm which does not have to be in the past, something that connects to that event.
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Person bringing case is the one harmed or stepping in for the one harmed
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Term
| What is a class action suit? |
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Definition
| An entire group of people claim they received the same harm. |
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Term
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Definition
| Mental state a person must be in while committing a crime for it to be intentional |
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Term
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Definition
| The Defense must present a reasonable alternative to what the prosecution presented. |
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Term
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Definition
| The act of the crime itself |
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Term
| What doesn't require Mens Rea? |
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Definition
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Term
| What are types of crimes? |
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Definition
Violent Crimes
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Property Crimes
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Public Order Crimes
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White Collar Crimes
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Organized crime
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Racketeer Influence and Corrupt Organization Act
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Misdemeanors
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Felony
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PeHy (?)
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Computer Crime
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CyberCrime
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Term
| Why are white collar crimes a delineation all to its own? |
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Definition
| Because in theory white collar crime only effects the business. |
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Term
| What is a white collar crime? |
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Definition
| Financially motivated nonviolent crime committed by business and government professionals. |
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