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133 Cards in this Set
- Front
- Back
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Capable of serving as the basis of a lawsuit |
Actionable |
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A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred |
Actual malice |
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In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user |
Appropriation |
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Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat |
Assault |
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The unprivileged, intentional touching of another |
Battery |
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Wrongful interference with the business rights of another |
Business Tort |
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A cash award equivalent to the actual value of injuries or damages sustained by the aggrieved party |
Compensatory Damages |
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The wrongful taking, using, or retaining possession of personal property that belongs to another |
Conversion |
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A tort committed via the internet |
Cyber Tort |
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Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character |
Defamation |
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An economically injurious false statement 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 |
Disparagement of Property |
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Any misrepresentation, either by misstatement or omission 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 |
Fraudulent Misrepresentation |
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A wrongful act knowingly committed |
Intentional Tort |
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Defamation in writing or other form (such as in a video) having the quality of permanence |
Libel |
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In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation |
Privilege |
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An individual who is thrust into the public limelight. A public figure includes government officials and politicians, movie stars, well-known businesspersons, and generally anybody who becomes known to the public because of his or her position or activities |
Public Figure |
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A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties |
Puffery |
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Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct |
Punitive damages |
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Defamation in oral form |
Slander |
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The publication of false information about another product, alleging that it is not what its seller claims |
Slander of Quality |
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The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner. Also called trade libel |
Slander of Title |
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Bulk, unsolicited (junk) e-mail |
Spam |
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A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately cases harm or injury to another |
Tort |
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One who commits a tort |
Tortfeasor |
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The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality |
Trade Libel |
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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. |
Trespass to Land |
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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 |
Trespass to personal property |
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Chapter 7 |
Chapter 7 |
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A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger |
Assumption of Risk |
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An individual, such as a customer or client, who is invited onto business premises by the owner of those premises for business purposes. |
Business Invitee |
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An act or omission without ("but for") which an event would not have occurred |
Causation in Fact |
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A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence |
Comparative Negligence |
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A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdicitons |
Contributory Negligence |
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A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication |
Dram Shop Act |
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The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the "reasonable person standard," constitutes the tort of negligence |
Duty of Care |
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A state statute that provides that persons who rescue or provide emergency services to others in peril-unless they do so recklessly, thus causing further harm cannot be sued for negligence |
Good Samaritan Statute |
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Professional misconduct or the failure to exercise the requisite degree of skill as a professional |
Malpractice |
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The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances |
Negligence |
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An act (or failure to act) in violation of a statutory requirement |
Negligence per se |
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Legal cause; exists when the connection between a stockholder and another under which the stockholder authorizes the other to vote the stockholder's shares in a certain manner |
Proximate Cause |
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The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence |
Reasonable person standard |
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A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves" |
Res Ipsa Loquitor |
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Liability regardless of fault. In tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products |
Strict liability |
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An interviewing force or event that breaks the connection between a wrongful act and an injury to another. In negligence law, a defense to liability |
Superseding Cause |
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Chapter 8 |
Chapter 8 |
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A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's good or services. When used by members of a cooperative, association, or other organization, such a mark is referred to as a collective mark. Examples of certification marks include the "Good Housekeeping Seal of Approval" and "UL Tested" |
Certification Mark |
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The delivery to users of on demand services from their-party servers over a network. Cloud computing is a delivery model. The most widely used cloud computing services are Software as a Service (SaaS), which offers companies a cheaper way to buy and use packaged applications that are no longer run on servers in house |
Cloud Computing |
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A mark used by members of a cooperative, association, or other organization to certify the region, materials, mode of manufacture, quality, or accuracy of the specific goods or services. Examples of collective marks include the labor union marks found on tags of certain products and the credits of movies, which indicate the various associations and organizations that participated in the making of the movies |
Collective Mark |
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The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to work of art, literature, and other works of authorship, including computer programs |
Copyright |
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A trademark in cyberspace |
Cyber mark |
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The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner |
Cybersquatting |
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With respect to trademarks, a doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses of the marks regardless of a showing of competition or likelihood for dilution in 1995 with the passage of the Federal Trademark Dilution Act |
Dilution |
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A network that can be used by persons located (distributed) around the country or the globe to share computer files |
Distributed Network |
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The series of letters and symbols used to identify site operators on the internet; internet addresses |
Domain name |
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Property resulting from intellectual, creative processes. Patents, trademarks, and copyrights are examples of intellectual property |
Intellectual property |
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A revocable right or privilege of a person to come on another person's land |
License |
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Words inserted into a Website's keywords field to increase the site's appearance in search engine results |
Meta Tags |
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A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period. The word patent usually refers to some invention and designates either the instrument by which patent rights are evidenced or the patent itself |
Patent |
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The sharing of resources (such as files, hard drives, and processing styles) among multiple computers without necessarily requiring a central network server |
Peer-To-Peer Networking |
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A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others. Titles, character names, and other distinctive features of radio and television programs may be registered as service marks |
Service marks |
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The image and overall appearance of a product. For example, the distinctive decor, menu, layout, and style of service of a particular restaurant. Basically, trade dress is subject to the same protection as trademarks |
Trade Dress |
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A term that is used to indicate part of all of a business's name and that is directly related to the business's reputation and goodwill. Trade names are protected under the common law (and under trademark law, if the name is the same as the firm's trademark) |
Trade name |
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Information or a process that gives a business an advantage over competitors who do not know the information or process |
Trade Secret |
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A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established (under the common law or through registration), the owner is entitled to its exclusive use |
Trademark |
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A form of cybersquatting (which is a crime) that involves registering a domain name that is a deliberate misspelling of a popular brand or company name, such as googel.com or faceboook.com, to bring traffic to the illegal website |
Typosquatting |
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Chapter 9 |
Chapter 9 |
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A guilty act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crim |
Actus reus |
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The malicious burning of another's dwelling. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means for example, by explosion |
Arson |
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The standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty "beyond and to the exclusion of every reasonable doubt." A reasonable doubt is one that would a prudent person to hesitate before acting in matters important to him or her |
Beyond reasonable doubt |
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Short for rob network, a group of computers that run an application that is controlled and manipulated only by the software source. Although sometimes a legitimate network, usually this term is reserved for a group of computers that have been infected by malicious robot software. In a "....", each connected computer becomes a zombie or drone |
Botnet |
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The unlawful entry into a building with the intent to commit a felony. (some state statutes expand this to include the intent to commit any crime) |
Burglary |
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Any wrongful act that is directed against computers and computer parties, or wrongful use or abuse of computers or software |
Computer crime |
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A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment or in some cases death |
Crime |
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A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world |
Cyber crime |
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Fraud that involves the online theft of credit card information, banking details, and other information for criminal use |
Cyber fraud |
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A hacker whose purpose is to exploit a target computer for a serious impact, such as the corruption of a program to sabotage a business |
Cyberterrorist |
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A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the U.S. constitution |
Double jeoporady |
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Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform |
Duress |
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The fraudulent appropriation of money or other property by a person to who the money or property has been entrusted |
Embezzlement |
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In criminal law, a defense in which the defendant claims that he or she was induced by a public official, usually an undercover agent or police officer to commit a crime that he or she would otherwise not have committed, difference between suggesting and inducing |
Entrapment |
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In criminal procedure, a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in court |
Exclusionary rule |
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A crime, such as arson, murder, rape, or robbery that caries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one's life |
Felony |
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The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another |
Forgery |
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A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trail ought to be held |
Grand Jury |
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A person who uses one computer to break into another. Professional computer programmers refer to such persons as "crackers" |
Hacker |
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The act of stealing another's identifying information such as a name, date of birth, or social security number and using that information to access the victim's financial resources |
Identity Theft |
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A charge by a grand jury that a reasonable basis (probably cause) exists for believing that a crime has been committed and that a trial should be held |
Indictment |
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A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer, such as a magistrate |
Information |
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The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the properties value |
Larceny |
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Any software program that is harmful to a computer or, by extension, to a computer user |
Malware |
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Mental state, or intent. Normally, a wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus, for murder, the "...""..." is the intent to take a life. For theft, it must involve both the knowledge and the property belongs to another and the intent to deprive the owner of it |
Mens Rea |
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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 penitentury |
Misdemeanor |
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Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise- in effect, laundering the dirty money |
Money laundering |
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In criminal law, a defense against liability; under Section 3.02 of the Model Penal Code, this defense is justifiable if "the harm or evil sought to be avoided" by a given action "is greater than that sought to be prevented by the law defining the offense charged" |
Necessity |
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In criminal law, the least serious kind of criminal offense, such as a traffic or building code violation |
Petty offense |
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An online fraud action that allows criminals to pretend to be legitimate companies either by using e-mails or malicious Web sites that trick individuals and companies into providing useful information, such as bank account number, Social Security number, or credit card numbers |
Phishing |
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The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence. |
Plea bargaining |
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The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered a robbery |
Robbery |
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The legally recognized privilege to protect one's self or property against injury by another. The privilege of "...."-"......." protects only acts that are reasonably necessary to protect one's self or property |
Self Defense |
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The implication of one's own guilty. The Fifth Amendment to the U.S. Constitution guarantees that a citizen cannot be forced to be a witness against himself or herself in criminal cases |
Self incrimination |
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Any program transmitted between computers via the Internet generally without the knowledge or consent of the recipient. Viruses attempt to do deliberate damage to systems and data |
Virus |
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The voice counterpart of phishing; fishers use an e-mail or a notice on a web site that encourage persons to make a phone call, which then triggers a voice response system that asks for valuable personal information such as credit card numbers |
vishing |
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Nonviolent crime continually committed by individuals or corporations to obtain a personal or business advantage |
White collar crime |
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A type of virus that is designed to copy itself from one computer to another without human interaction. Unlike the typical virus, a computer worm can copy itself automatically and can replicate in great volume and with great speed. Worms, for example, can send out copies of themselves to every contact in your email address book |
Worm |
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Chapter 10 |
Chapter 10 |
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A type of contract that arises when a promise is given in exchange for a return promise |
Bilateral contract |
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An agreement that can be enforced in court; formed by two or more parties, each of whom agrees to perform or to refrain from performing some act now or in the future |
Contract |
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A contract that has been completely performed by both parties |
executed contract |
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A contract that has not as yet been fully performed |
executory contract |
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A contract in which the terms of the agreement are fully and explicitly stated in words, or or written |
Express contract |
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Formal contract |
A contract that by law requires a specific form, such as being executed under seal, to be valid |
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A contract formed in whole or in part from the conduct of the parties (as opposed to an express contract) Also known as an implied in fact contract |
Implied contract |
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A contract that does not require a specified form or formality in order to be valid |
Informal contract |
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A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party's own secret subjective intentions |
Object theory of contracts |
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A person to whom an offer is made |
Offeree |
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A person who makes an offer |
Offeror |
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A person's assurance that he or she will or will not do something |
Promise |
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A person to whom a promise is made |
Promisee |
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A person who makes a promise |
Promisor |
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"as much as he deserves" an expression describing the extent of liability on a contract implied in law (quasi contract). An equitable doctrine based on the concept that one who benefits from another's labor and materials should not be unjustly enriched thereby but should be required to pay a reasonable amount for the benefits received even absent a countract |
Quantum Meruit |
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A fictional contract imposed on parties by a court in the interests of fairness and justice; usually, quasi contracts are imposed to avoid the unjust enrichment of one party at the expense of another |
Quasi Contract |
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A valid contract rendered unenforceable by some statute or law |
Unenforceable contract |
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A contract that results when an offer can only be accepted by the offeree's performance |
Unilateral contract |
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A contract that results when elements necessary for contract formation (agreement, consideration, legal purpose, and contractual capacity) are present |
Valid contract |
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A contract having no legal force or binding effect |
Void contact |
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A contract that may be legally avoided (canceled or annulled) at the option of one of the parties. |
Voidable contract |
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Because criminal liability carries harsher penalties than civil liability, and because the State has more resources at its disposal in prosecuting a crime than the typical criminal defendant has at her disposal, the state must prove the accused's guilt beyond reasonable doubt |
Burden of Proof |
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Preponderance of the evidence, 51% evidence or more, "found liable of damages" |
Civil burden of proof |
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Beyond a reasonable doubt, "convicted of a crime and punished", highest burden of proof we have, proof that you would rely and act upon in the more serious and important transactions of life, 90-95% evidence or more |
Criminal burden of proof |
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More than a preponderance but less than a reasonable doubt |
clear and convincing |
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Mailing or causing someone to mail something written, printed, or photocopied in furtherance of a scheme to defraud by false pretenses |
Mail fraud |
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Defrauding the public through the use of telephone, fax, radio, or television |
Wire fraud |
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When are police officers required to read you your miranda rights? |
Only when they ask you questions |
