Shared Flashcard Set

Details

Midterm Exam
Jay Milbrandt midterm for Business Law
15
Law
Undergraduate 3
04/03/2014

Additional Law Flashcards

 


 

Cards

Term
Levels of Courts
Definition

State Court

1. Trail Courl

2. Court of Appeals

3. Sate Supreme Court

4. US Supreme Court

 

Federal Court

1. Trial Court

2. Court of Appelas

3. US Supreme Court

Term
Ethics
Definition

Utilitarianism vs Kantianism

 

Framework for Analysis

  • Is it Lawful
  • Does it violate a company or professinoal code of conduct
  • who is affect by the action an how?
Term
Utilitariansim
Definition
The greatest good for the greatest number.
Term
Kantiansim
Definition
People have certain human rights that are fundamental
Term
Free Speech
Definition

Non Commercial Speech is fully protect so people can say whatever they want

 

Commercial Speech: The government is allowed to intervene if the words are misleading or unlawful

- Government has to have facts and reasons for stopping ommerial speech

Term
Due Process
Definition

Taking life, liberty, and property

 

A formal proces of fairness where one is told what they are in touble for and a hearing

Term
Equal Protection
Definition

If the government enacts a law, it shouldn't have any discrimination against anyone

 

No state shall deny any person...... Equal proection of the law

Term
Rational Basis
Definition
Proving that something has a purpose to be better than the other option
Term
Requirements for Patents
Definition
  1. Novel new and truly different
  2. Not Obvious
  • it is obvious is someone in the skilled area could easily think of it
  • it is not obsious if it has

i. commerical succes

ii. long-felt unresolved need

iii. Failure by others

 

3. Utlitly (has to have some kind of function)

Term
Patent Troll
Definition
Someone who creates patents and copy write but never makes anything.
Term
Copyright
Definition

Protection for original works of authorship

protects the espression

Must be fixed in a tangible meduum

A. If I did it first, it's mine

 

 

To sue someone, one has to register it with th government

Term
How long does Copyright last
Definition

Pre 1978: 95 years from first publication

 

1978 or later: 70 years

 

Work for hire: 95 years from first publication or 120 years from creation, whichever comes first:

  • Works of authorship that are made by a business
Term
Negligence
Definition

The Reasonably Prudent Person

 

What will most people need to be safe in an enviornment

 

if someone gets hurt becasue of lack of saftey 

Term
Trademark
Definition
For the consumer to identify certain products. That way when you see a bottle of water, you know it's water by the way the bottle is shaped.
Term
Intellectual Property
Definition

Patents

Copyrights

Trademarks 

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