Term
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Definition
| The threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm. |
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Term
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Definition
| unauthorized and harmful or offensive physical contact with another person |
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Term
| Transferred Intent Doctrine |
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Definition
| If a person intennds to injure one person but actually harms another person, the law transfers the perpetrator's intent from the target, to the actual victim. |
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Term
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Definition
| Intentional confinement or restraint of another person without authority or justification and without that person's content. |
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Term
| Merchant Protection Clause |
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Definition
| Allows merchant to stop, detain, and investigate suspected shoplifters as long as the following requirements are met: There are reasonable grounds for suspicion, suspects are only detained for a reasonable time, and investigations are conduced in a reasonable manner. |
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Term
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Definition
| Occurs when the defendant makes an untrue statement of fact about the plaintiff that is published to a third party. Truth is an absolute defense. |
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Term
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Definition
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Term
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Definition
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Term
| Public Figure Plaintiffs in a Defamation of Character Suit |
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Definition
| The additional element of malice must be proven. |
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Term
| Misappropriation of the right to publicity |
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Definition
| This tort involves appropriating another person's name or identity for commercial purposes without that person's content. |
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Term
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Definition
| This tort involves unwarranted and undesired publicity of a private fact about a person. The fact does not have to be untrue. Truth is not a defense. |
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Term
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Definition
| A successful defendant in a prior lawsuit can sue the plaintiff if the first lawsuit was frivolous. |
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Term
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Definition
| This tort involves a person interference with a landowners right to exclusive possession of his or her land. |
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Term
| Trespass to personal property |
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Definition
| this tort involves a person injuring another person's personal property or interfering with that person's enjoyment of his or her property. |
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Term
| Conversion of personal property |
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Definition
| Taking over another person's personal property and depriving them of the use and enjoyment of the property. |
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Term
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Definition
| The omission to do something which a reasonable man would do, or something a prudent and reasonable man would not do. |
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Term
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Definition
To establish negligence the plaintiff must prove:
1) The defendant owed a duty of care to the plaintiff
2) The defendant breached this duty
3) The plaintiff suffered injury
4) The defendant’s negligent act caused the plaintiff’s injury. Two types of causation must be shown:
a. Causation in Fact (or actual cause) – the defendant negligent act was the actual cause of the plaintiff’s injury.
b. Proximate cause (or legal cause) – The defendant is liable for only the foreseeable consequences of his or her negligent act. |
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Term
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Definition
| Doctors, lawyers, architects, accountants, and other professionals owe a duty of ordinary care in providing their services. They are judged by a reasonable professional standard. |
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Term
| Negligence infliction of emotional distress |
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Definition
| A person who witnesses a close relative's injury or death may sue the negligent party who caused the accident to recover damages for any emotional damages. |
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Term
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Definition
| A stature or an ordinance establishes the duty of care. A violation of the statute or ordinance constitutes a breach of this duty of care. |
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Term
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Definition
| a presumption of negligence is established if the defendants has exclusive control of the instrumentality or situation that caused the plaintiff's injury and the injury would not have ordinarily occurred but for someone's negligence the defendants may rebut this assumption |
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Term
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Definition
| The laws relieve doctors and other medical professionals from liability from ordinary negligence when rendering medical aid in emergency situations. |
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Term
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Definition
| these state statutes make taverns and bartenders liable for injuries caused to or by patrons who are served too much alcohol and cause injury to themselves or others |
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Term
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Definition
| The statutes provide that a driver of a vehicle is not liable for ordinary negligence to passengers he or she gratuitously transports. The driver is liable for gross negligence. |
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Term
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Definition
| Firefighters, police officers, and other government employees who are injured in the performance of their duties cannot sue the person who negligently cause the dangerous situation that caused the injury. |
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Term
| "Danger invites rescue" doctrine |
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Definition
| A person who is injured while going to someone's rescue may sue the person who caused the dangerous situation. |
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Term
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Definition
Landowners and tenants owe the following duties to persons who come upon their property:
a) Invitees – landowners owe a duty of ordinary care to invitees
b) Licensees – Landowners owe a duty of ordinary care to licensees
c) Trespassers – Landowners owe a duty not to willfully and wantonly injure trespassers |
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Term
| Liability of common carriers and innkeepers |
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Definition
| Common carriers and innkeepers owe a duty of utmost care, rather than the duty of ordinary care, to protect their passengers and patrons from injury. |
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Term
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Definition
| A superseding event is an intervening event caused that caused the plaintiff's injuries; it relieves the defendant from liability. |
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Term
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Definition
| A defendant is not liable for the plaintiff's injuries if the plaintiff has knowledge of a specific risk and voluntarily assumed that risk. |
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Term
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Definition
| A plaintiff cannot recover anything from the defendants under contributory negligence |
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Term
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Definition
| Damages are apportioned according to the parties' fault under comparative negligence. |
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Term
| Entering a business without a license |
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Definition
| the law that requires that person's obtain a license from the government prior to entering a certain business. |
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Term
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Definition
| A company that passes off its products or services as those of another company's is said to be palming off |
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Term
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Definition
| Disparagement is an untrue statement about the products, services, property, or reputation of a business. |
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Term
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Definition
| Section 43(a) of the Lanham Act, a federal law, prohibits false and misleading advertising. |
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Term
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Definition
| Actual damages include compensation for personal injury, pain, and suffering, emotional distress, and other injuries caused by the defendants tortious conduct. |
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Term
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Definition
| Punitive Damages are recoverable against the defendant for intentional or egregious conduct. They are awarded to punish the defendant, to deter the defendant from similar conduct in the future, and to set an example for others. The plaintiff may keep these damages. |
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Term
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Definition
| In strict liability, liability is assessed on defendants without regard to fault. Strict liability applies to abnormally dangerous activities and certain products. |
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Term
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Definition
| In a case of misrepresentation, a seller or lessor fraudulently misrepresents the quality of a product, and the plaintiff relies on the misrepresentation and is injured thereby. |
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Term
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Definition
| A manufacturer or seller who sells a defective product is liable to the ultimate user who is injured thereby. All in the chain of distribution are liable, irrespective of fault. |
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Term
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Definition
| 1)Defect in Manufacture 2)Defect in Design 3)Failure to Warn 4)Defect in Packaging 5)Failure to provide adequate instructions for assembly of a product 6)Other defects |
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Term
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Definition
| The product was materially altered or modified after it left the seller's possession, and in alteration or modification caused an injury. A defense in product liability |
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Term
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Definition
| A seller is not liable for failing to warn about inherent dangers in products that are known to the general population. |
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Term
| Government Contractor Defense |
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Definition
| A manufacturer produces a product (1) to the precise specifications for the product that were provided by the government, (2) the product conformed with those specifications, (3) the contractor warned the government of any known defects or dangers of the product. A defense in product liability |
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Term
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Definition
| A manufacturer or seller who learns about a defect in a product it has sold notifies the purchasers and users of the defect and corrects the defect. A defense in product liability |
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Term
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Definition
| The plaintiff knew and appreciated the risk and voluntarily assumed the risk. A defense in product liability |
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Term
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Definition
| 1)abnormal misuse - the seller is not liable for injuries caused by the abnormal misuse of a product by the plaintiff (2) Foreseeable misuse - the seller is liable for injuries caused by a foreseeable misuse of a product. The manufacturer must design products to be safe for foreseeable misuses. |
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Term
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Definition
| An injured person must bring a product liability lawsuit within a specified period of time after being injured by a defective product. |
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Term
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Definition
| A person must bring a product liability lawsuit within a specified period of time after a defective product was first purchased or leased. |
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Term
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Definition
| an act done by a person in violation of those duties that he or she owes to society and for breach breach of which the law provides a penalty |
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Term
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Definition
| Penal Codes are state and federal statutes that define many crimes. Criminal Conduct is also defined in many regulatory statutes. |
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Term
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Definition
| the most serious kinds of crimes. The are mala in se (inherently evil) and are usually punishable by imprisonment |
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Term
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Definition
| less serious crimes than felonies. They are mala prohibita (prohibited by society) and are usually punishable by fine and/or imprisonment for less than one year. |
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Term
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Definition
| A violation is neither a felony nor a misdemeanor. It is generally punishable by a fine. |
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Term
| The two things every crime must have to be proven |
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Definition
| the guilty act, and intent |
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Term
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Definition
| An arrest is made pursuant to an arrest warrant, based on a showing of probable cause or where permitted, warrantless arrest may be made |
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Term
| Indictment of information |
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Definition
| grand juries issue indictments, and magistrates (judges) issue informations. These formally charge the accused with specific crimes. |
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Term
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Definition
| The accused is informed of the charges against him or her and enters a plea in the court. The plea may be not guilty, guilty, or nolo contendere. |
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Term
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Definition
| the government and the accused may negotiate a settlement agreement wherin the accused agrees to admit to a lesser crime than charged. |
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Term
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Definition
| Robbery is taking of personal property from another by fear or force. |
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Term
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Definition
| Burglary is the unauthorized entering of a building to commit a felony. |
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Term
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Definition
| Larceny is the wrongful taking of another person's property other than from his or her person or building |
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Term
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Definition
| the wrongful taking of another's property, whether by robbery, burglary or larceny |
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Term
| Receiving Stolen Property |
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Definition
| A person who knowingly receives stolen property with the intent to deprive the rightful owner of that property commits a crime |
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Term
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Definition
| the malicious and willful burning of a building |
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Term
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Definition
| a threat to expose something about another person unless that person gives up money or property. |
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Term
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Definition
| fraudulently making or altering a written document that affects the legal liability of another person |
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Term
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Definition
| the fraudulent conversion of property by a person to whom the property was entrusted. |
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Term
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Definition
| involves obtaining title to another person's property through deception or trickery. |
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Term
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Definition
| the use of the mail to defraud another person. |
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Term
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Definition
| the use of wire (telephone or telegraph) to defraud another person. |
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Term
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Definition
| the offer of payment of money or property or something else of value in turn for an unwarranted favor. |
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Term
| Corporate Criminal Liability |
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Definition
| 1) corporate directors, officers, and employees are criminally liable for crimes that commit for personal benefit or on behalf of a corporation (2) a corporation is criminally liable for crimes committed by directors, officers, and employees while acting on behalf of the corporation. |
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Term
| A warrantless search is permitted only... |
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Definition
| 1)incident to an arrest (2) where evidence is in plain view (3) where it is likely that the evidence will be destroyed |
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Term
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Definition
| Evidence obtained from an unreasonable search seizure is tainted evidence that may not be introduced at a government proceeding against the person being searched. |
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Term
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Definition
| Business premises are protected by the fourth amendment, except that certain regulated industries may be subject to warrantless searches authorized by statute. |
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Term
| Privilege against self-incrimination |
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Definition
| the fifth amendment provides that no person "shall be compelled in any criminal case to be a witness against himself" A person asserting this privilege is said to have "taken the fifth" |
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Term
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Definition
| This evidence (eg finderprints, body fluids) is not protected by the fifth ammendment. |
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Term
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Definition
| A criminal suspect must be informed of his or her fifth amendment rights before the suspect can be interrogated by the police or government officials. |
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Term
| Immunity from prosecution |
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Definition
| immunity is granted by the government to obtain otherwise privileged. the government agrees not to use the evidence against the person who gave it. |
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Term
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Definition
| the fifth amendment protects persons from being tried twice by the same jurisdiction for the same crime. If an act violates the laws or two or more jurisdictions, each jurisdiction may try the accused. |
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Term
| Cruel and unusual punishment |
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Definition
| The eighth amendment protects criminal defendants from cruel and unusual punishment. Capital punishment is permitted. |
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Term
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Definition
| A product formula, pattern, design, compilation of data, customer list, or other business secret that makes a business successful. The owner of a trade secret must take reasonable precautions to prevent its trade secret from being discovered by others. |
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Term
| Misappropriation of a trade secret |
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Definition
| Obtaining another's trade secret through unlawful means, such as theft, bribery, or espionage is a tort. A successful plaintiff can recover profits, damages, and an injunction against the offender |
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Term
| The Economic Espionage Act |
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Definition
| The federal statute makes it a crime for any person to convert a trade secret fro his or her benefit or for someone else's knowing or intending to cause injury to the owner of the trade secret. |
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Term
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Definition
| Patentable subject matter includes inventions such as machines; processes; compositions of matter; improvements to existing machines; designs for articles of manufacture; asexually reproduces plants; and living matter invented by a person. To be patented, an invention must be: 1)novel (2) useful (3) nonobvious. |
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Term
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Definition
| in State Street Bank & Trust v. Signature Financial Group, Inc, the US court of appeals held that business plans are patentable. |
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Term
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Definition
| An application containing a written description of an invention must be filed with the US Patent and Trademark Office (PTO) in Washington DC. |
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Term
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Definition
| Patents are valid for 20 years |
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Term
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Definition
| A patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application. |
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Term
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Definition
| The unauthorized use of another's patent. The patent holder may recover damages and other remedies against the infringer. |
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Term
| The American Inventors Protection Act |
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Definition
| The federal statute allows: 1)permits the inventor to file a provisional application with the US PTO, pending the filing of a final patent application. 2) Requires the PTO to issue a patent within three years after filing of a patent application. |
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Term
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Definition
| are heard by the US court of appeals for the federal circuit in Washington DC |
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Term
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Definition
| Only tangible writing can be copyrighted. These include, books, newspapers, addresses, musical compositions, motion pictures, works of art, architectural plans, greeting cards, photographs, sound recordings, computer programs, and mask works fixed in semiconductor chips. |
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Term
| Requirements for copyright |
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Definition
| a writing must be the original work of the author. |
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Term
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Definition
| Copyright registration is permissive and voluntary. Published and unpublished works may be registered with the US Copyright office. Registration itself doesn't create the copyright. |
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Term
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Definition
| Individual - Life of the author plus 70 years. Corporations - either 120 years from the date of creation or 95 years from the date of publication, whichever is shorter. |
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Term
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Definition
| the copying of a substantial and material part of a copyrighted work without the holder's permission. The copyright holder may recover damages and other remedies against the infringer. |
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Term
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Definition
| This doctrine permits the use of copyrighted material without the consent of the copyright holder for limited uses. (eg scholarly work, parody or satire, brief quotation in news reports) |
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Term
| No Electronic Theft Act (NET act) |
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Definition
| The federal statute makes it a crime for a person to willfully infringe a copyright exceeding $1000 in retail value. |
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Term
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Definition
| This federal statute, enacted in 1998, provides civil and criminal penalties that: (1) prohibit the manufacture and distribution of technologies, products, or services primarily designed for the purpose of circumventing wrappers or encryption protections. (2) prohibit unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology that protects the intellectual property. |
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Term
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Definition
| A mark is a trade name, symbol, word, logo, or device that distinguishes the owner's goods or services. Marks are often referred to collectively as trademarks. Types are marks are (1) Trademarks - identifies goods of a particular business. (2) Service Mark - identifies particular services of a particular business. (3)Certification Mark - certifies that goods or services are of a certain quality or origin. (4) Collective Mark - used by cooperatives, associations, and fraternal organizations. |
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Term
| Requirements for a trademark |
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Definition
| the mark must either (a) be distinctive (b) have acquired a secondary meaning. The mark must have been used in commerce or the holder must intend to us the mark in commerce and actually do so within six months after registering the mark. |
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Term
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Definition
| Marks are registered with the US Patent and Trademark Office in Washington DC. |
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Term
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Definition
| The original registration of a mark is valid for 10 years and can be renewed for an unlimited number of 10 year periods. |
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Term
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Definition
| the unauthorized use of another's registered mark. The mark holder may recover damages and other remedies from the infringer |
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Term
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Definition
| Trade Dress protection involves the look and feel of a product, a product's packaging, or a service establishment. |
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Term
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Definition
| A mark that becomes a common term for a product line or type of service loses its protection under federal trademark law. |
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Term
| Federal Trademark Dilution Act |
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Definition
| The federal statute protects famous marks from dilution. A violation of the act requires the marks be famous, the use by the other party was commercial, and the use cause dilution of the distinctive quality of the mark. |
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Term
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Definition
| A promise or a set of promises for the breach of which the law gives remedy or the performance of which the law in some way recognizes a duty. |
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Term
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Definition
| a party who makes an offer to enter into a contract |
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Term
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Definition
| a party to whom an offer is made |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| a contract expressed in oral or written words. |
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Term
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Definition
| a contract implied from the conduct of the parties. |
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Term
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Definition
| a contract implied by the law to prevent unjust enrichment and unjust detriment |
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Term
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Definition
| meets all essential elements to establish a contract |
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Term
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Definition
| no contract exists with a void contract |
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Term
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Definition
| One or both parties have the option of voiding or enforcing the contract |
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Term
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Definition
| a contract that cannot be enforced because of a legal defense. |
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Term
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Definition
| a contract that is fully performed by both sides. |
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Term
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Definition
| a contract that is not fully performed by one or both parties. |
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Term
| Requirements of a Contract |
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Definition
| (1) Agreement (2) Consideration (3) Contractual Capacity (4) Lawful Object |
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Term
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Definition
| The intent to enter into a contract is determined by the objective theory of contracts - that is, would a reasonable person viewing the circumstances would conclude that the parties intended to be legally bound |
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Term
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Definition
| The terms of a offer must be definite to that the agreement between them can be determined. Reasonable terms may be implies |
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Term
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Definition
| an offer must be communicated to the offeree by the offeror. |
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Term
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Definition
| The offeror may revoke an offer any time prior to its acceptance by the offeree. |
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Term
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Definition
| An offer is terminated if the offeree rejects the offer through his or her words, or conduct. |
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Term
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Definition
| A counteroffer by the offeree terminates the offeror's offer (and creates a new offer) |
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Term
| Termination of an offer by lapse of time |
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Definition
| an offer terminates upon the expiration of a stated time in the offer. If no time is stated, the offer terminates after "reasonable time." |
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Term
| Termination of an offer by destruction of the subject matter |
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Definition
| An offer terminates if the subject matter of the offer is destroyed prior to the acceptance through no fault of either party. |
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Term
| Termination of an offer by death or incompetance |
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Definition
| The death or incompetence of either the offeror of offeree prior to acceptance terminates the offer. |
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Term
| Termination of an offer by supervening illegality |
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Definition
| If, prior to the acceptance of an offer, the object of the offer is made illegal by statute, regulation, court decision, or other law, the offer terminates. |
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Term
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Definition
| under the common law of contracts, the offeror must accept the terms offered by the offeror to create a new contract. any changes in the terms by the offeree constitutes a counteroffer, not an acceptance. |
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Term
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Definition
| Unless otherwise provided in an offer, acceptance is effective when it is dispatched by the offeree. |
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Term
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Definition
| a thing of value given in exchange for a promise. It may be tangible or intangible property, performance of a service, forbearance of a legal right, or another thing of value. It must have legal value and be bargained for exchange. |
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Term
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Definition
| Contracts by intoxicated persons are voidable by the intoxicated person but not by the competent party to the contract. |
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Term
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Definition
| a contract that provides the a seller of a business or an employee will not engage in similar business or occupation within a specified geographical area for a specified period of time following the sale of the business or termination of employment. |
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Term
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Definition
| contract clauses that relieve one or both of the parties to the contract from tort liability for ordinary negligence. |
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Term
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Definition
| With this type of mistake, both parties are mistaken about the essence or object of a contract. Either party may rescind the contract. |
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Term
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Definition
| With this type of mistake, both parties know the object of contract but are mistaken as to its value. Neither party may rescind the contract. |
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Term
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Definition
| occurs when only one party is mistaken about the material fact regarding the subject matter of the contract. The mistaken party is not permitted to rescind the contract. |
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Term
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Definition
| occurs when one party threatens to do some wrongful act unless the other party enters into a contract. A contract entered into under duress cannot be enforced. Types of duress are physical and extortion. |
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Term
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Definition
| occurs when one person takes advantage of another person's mental, emotional or physical weakness and unduly persuades that person to enter into contract. A contract entered into under undue influence cannot be enforced |
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Term
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Definition
| A state statute that requires certain types of contracts be in writing. Those contracts include real property, a contract that will take more then one year to execute, a guaranty contract, sale of goods over $500, and agent's contracts per the equal dignity rule. |
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