Business Law Exam 2

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Federal Form of Government

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a system of government in which the states form a union and the sovereign power is divided between a central government and the member states

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Checks and Balances

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the national government is composed of 3 separate branches: executive, legislative, and judicial branches. Each branch of the gov. exercises a check on the actions of the others

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Commerce Clause

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The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce

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Police Powers

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Powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.

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Supremacy Clause

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The requirement in Article VI of the Constitution that provides that the Constitution, laws, and treaties of the U.S. are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.

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Preemption

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A doctrine under which certain federal laws preemp, or take precedence over, conflicting state or local laws

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Bill of Rights

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The first ten amendments to the U.S. Constitution

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Indictment

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A charge (formal accusation) by a grand jury that a named person has committed a crime.

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Symbolic Speech

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nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts

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Filtering Software

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a computer program that includes a pattern through which data are passed. When designed to prevent access to certain Web sites, the pattern blocks the retrieval of a site whose URL or key words are on a list within the program.

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Meta Tag

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A key word in a document that can serve as an index reference to the document. On the Web, search engines return results based, in part, on these tags in Web documents.

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Establishment Clause

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the provision in the First Amendment to the Constitution that prohibits Congress from creating any law "respecting an establishment of religion."

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Free Exercise Clause

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the provision in the First Amendment to the Constitution that prohibits Congress from making any law "prohibiting the free exercise" of religion

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Due Process Clause

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the provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions

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Equal Protection Clause

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the provision in the Fourteenth Amendment to the Constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that the state governments treat similarly situated individuals in a similar manner

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Tort

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a civil wrong not arising from a beach of contract. A beach of a legal duty that proximately causes harm or injury to another

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Busines Tort

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a tort occurring within the business context

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Cyber Tort

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a tort committed in cyberspace

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Damages

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money sought as a remedy for a breach of contract or for a tortious (wrongful) act

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Intentional Tort

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a wrongful act knowingly committed

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Tortfeasor

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one who commits a tort

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Assault

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any word/action intended to make another person fearful of immediate physical harm; a reasonably believable threat

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Battery

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the unprivileged, intentional touching of another

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Defense

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that which a defendant offers and alleges in an action or suit as a reason why the plaintiff should not recover or establish what he or she seeks

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Defamation

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anythying published or publicly spoken that causes injury to another's good name, reputation, or character

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Libel

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defamation in written form

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Slander

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defamation in oral form

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Privilege

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in tort law, privilege may be raised as a defense to defamation

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Actual Malice

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in a defamation suit, a statement made about a public figure normally must be made with actual malice (with either knowledge of its falsity or a reckless disregard for the truth) for liability

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Fraudulent Misrepresentation

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any misrepresentation, either by misstatement or by ommission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment

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Puffery

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a salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties

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Trespass to Land

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the entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization

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Trespass to personal Property

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The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property

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Conversion

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wrongful taking, using, or retaining possession of personal property that belongs to another

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Disparagement of Property

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economically injurious falsehoods made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title

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Slander of Quality

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publication of false info about another's product, alleging it is not what its seller claims; also referred to as trade libel

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Slander of Title

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publication of statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner

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Negligence

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failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

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Duty of Care

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the duty of all persons, as established by tort law, to exercise a reasonalbe amount of care in their dealings with others

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Business Invitee

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person, such as a customer or client, who is invited onto business premises by owner of those premises for business purposes

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Causation in Fact

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an act/omission without which an event wouldn't have occurred

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Proximate Cause

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legal cause; exists when the connection b/w an act & an injury is strong enough to justify imposing liability

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Assumption of Risk

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a defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger

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Comparative Negligence

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a doctrine in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent on the basis of each person's proportionate negligence

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Strict Liability

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liability regardless of fault

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Causation in Fact

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an act/omission without which an event wouldn't have occurred

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Proximate Cause

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legal cause; ixists when the connection b/w an act & an injury is strong enough to justify imposing liability

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Assumption of Risk

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a defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger

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Comparative Negligence

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a doctrine in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent on the basis of each person's proportionate negligence

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Strict Liability

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liability regardless of fault

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Intellectual Property

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Property resulting from intellectual, creative processes

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Trademark

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a word/symbol that has become sufficiently associated w/ a good or has been registered with a government agency. once a trademark is established, the owner has exclusive use of it and has the right to bring a legal action against anyone who infringes on the trademark protection

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Service Mark

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a mark used in the sale or advertising of services, such as to distinguish the srevices of one person or company from the services of others

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Trade Name

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a name used in commercial activity to designate a particular business, a place at which a business is located, or a class of goods

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Cyber Mark

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a trademark in cyberspace

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Domain Name

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the series of letters and symbols used to ID site operators on the internet; internet addresses

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Patent

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a government grant taht gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period

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Copyright

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exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time. A copyright applies to works of art, literature, and other works of authorship (including computer programs)

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Trade Secret

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info or a process giving a business an advantage over competitors who do not know the info or process

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Crime

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a wrong against society proclaimed in a statute & punishable by society through fines or imprisonment--in some instances, death

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Felony

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a crime that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forgeiture of one's life

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Misdemeanor

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a lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary

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Double Jeopardy

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a situation occurring when a person is tried twice for the same criminal offense; prohibited by the 5th Amendment to the Constitution

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Search Warrant

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an order from a judge or other public official that authorizes a search or seizure of particular property

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Probable Cause

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reasonable grounds for believing that a search will reveal a specific illegality

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Exclusionary Rule

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a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the 4th, 5th, & 6th Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in court

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White-collar Crime

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nonviolent crime committed by individuals or coporations to obtain a personal or business advantage

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Forgery

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the fraudulent making/altering of any writing in a way that changes the legal rights and liabilities of another

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Robbery

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the act of forcefully and unlawfully taking personal property of any value from another

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Larceny

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wrongful taking/carrying away of antoher person's personal property with the intent to permanently deprive the owner of the property

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Embezzlement

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the fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted

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Comptuer Crime

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any act that is directed against computers and computer parts, that uses computers as instruments of crime, or that involves computers and constitutes abuse

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Cyber Crime

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a crime that occurs in the virtual community of the Internet, as oppose dto the physical world

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ID Theft

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act of stealing another's identifying info

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Cyberstalker

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person who commits the crime of stalking in cyberspace

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Hacker

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person who uses one computer to break into another

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Cyberterrorist

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hacker whose purpose is to exploit a target computer to create a serious impact

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Entrapment

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in criminal law, a defense in which the defendant claims that he or she was induced by a public official to commit a crime that he or she would otherwise not have committed