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71 Cards in this Set
- Front
- Back
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Acceptance
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An expression of willingness to take an offer, including all of its stated terms
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Advance fee fraud
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A scam in which the perpetrator offers to share the proceeds of some large payoff with the victim if the victim will make a “good faith” deposit or provide some partial funding first. The perpetrator then disappears with the deposit
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Amazon Law
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State laws that require online retailers to collect and remit sales taxes on sales they make in their states, even though the online retailers do not have nexus with the state
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Breach of Contract
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The failure of one party to comply with the terms of a contract
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Browser-wrap acceptance
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Synonymous with Web-wrap acceptance, which is compliance with EULA conditions with which a user agrees through the act of using a web site
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Business Process Patent
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A patent that protects a specific set of procedures for conducting a particular business activity
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Click-wrap acceptance
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A user’s compliance with a site’s EULA ot its terms and conditions through clicking a button on the web site
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Common Law
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The part of English and US law that is established by the history of law
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Conflict of Laws
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A situation in which local, state and federal laws address the same issues in different ways
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Consideration
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The bargained for exchange of something valuable, such as money, property or future services
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Constructive Notice
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The idea that citizens should know when they leave one area and enter another, they become subject to the laws of the new area
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Contract
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An agreement between two or more legal entities that provides for an exchange of value between or among them
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Cookies
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Bits of information about web site visitors created by web sites and stored on client computers
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Copy control
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An electronic mechanism for providing a fixed upper limit to the number of copies that one can make of a digital work
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Copyright
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A legal protection of intellectual property
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Customs Duty (duty)
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A tax leveled on a product as it enters the country
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Cyberbullying
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Threats, sexual remarks, or pejorative comments transmitted on the internet or posted on web sites
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Cybersquatting
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The practice of registering a domain name that is the trademark of another person or company with the hope that the trademark owner will pay huge amounts of money for the domain rights
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Defamatory
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A statement that is false and injures the reputation of a person or company
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Digital Watermark
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A digital code or stream embedded undetectably in a digital image or audio file
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Domain name ownership change
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The changing of owner information maintained by a public domain registrar in the registrar’s database to reflect the new owner’s name and the business address
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Effects
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The impact of an action
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End-user license agreement (EULA)
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A contract that the user must accept before installing software
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Fair Use
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The approved limited use of copyright material when certain conditions are met
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Forum selection clause
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A statement within a contract that dictates that the contract will be enforced according to the laws of a particular state; signing a contract with a forum selection clause constitutes voluntary submission to the jurisdiction named in the forum selection clause
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Implied contract
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An agreement between two or more parties to act as if a contract exists, even if no contract has been written and signed
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Implied warranty
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A promise to which the seller can be held even though the seller did not make an explicit statement of that promise
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Income tax
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Taxes that are levied by national, state, and local governments on the net income generated by business activities
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Intellectual Property
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A general term that includes all products of the human mind including tangible and intangible products
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Intentional Tort
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A tortious act in which the seller knowingly or recklessly causes injury to the buyer
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Judicial comity
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An accommodation by a court in one country in which it voluntarily enforces another country’s laws or court judgements when no strict requirement to do so exists
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Jurisdiction
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A government’s ability to exert control over a person or corporation
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Legitimacy
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The idea that those subject to laws should have some role in formulating them
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Long-arm statute
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A state law that creates personal jurisdiction for courts
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Name changing
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A problem that occurs when someone registers purposely misspelled variations of well-known domain names. These variants sometimes lure consumers who make typographical errors when entering a URL
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Name stealing
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Theft of a Web site’s name that occurs when someone, posing as a site’s administrator, changes the ownership of the domain name assigned to the site to another site and owner
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Negligent Tort
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A tortious act in which the seller unintentionally provides a harmful product
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Nexus
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The association between a tax-paying entity and a government taxing authority
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Nigerian scam (419 scam)
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A scam in which the victim receives an e-mail from a Nigerian government official requesting assistance in moving money to a foreign bank account
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Notice
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The expression of a change in rules (usually, legal or cultural rules) typically represented by a physical boundary
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Offer
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A declaration of willingness to buy or sell a product or service; it includes sufficient details to be firm, precise, and unambiguous
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Opt-in
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A personal information collection policy in which the company collecting the information for any other purpose (or sell or rent the information) unless the customer specifically chooses to deny product
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Opt-out
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A personal information collection policy in which the company collecting the information assumes that the customer does not object to the company’s use of the information unless the customer specifically chooses to deny permission
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Patent
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An exclusive right to make, use, and sell an invention granted by a government to the inventor
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Per se defamation
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A legal cause of action in which a court deems some types of statements to be so negative that injury is assumed
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Personal jurisdiction
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A court’s authority to hear a case based on the residency of the defendant; a court has personal jurisdiction over a case if the defender is a resident of the state in which the court is located
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Power
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A form of control over physical space (such as a state) and the people and objects that reside in that space
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Product disparagement
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A statement that is false and injures the reputation of a product or service
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Property tax
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Taxes levied by states and local governments on the personal property and real estate
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Right of Publicity
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A limited right to control others’ commercial use of an individuals name, image, likeness, or identifying aspect of identity
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Service mark
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A distinctive mark, device, motto, or implement used to identify services provided by a company
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Shrink-wrap acceptance
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A buyer’s acceptance of the conditions of the EULA, demonstrated by removed the shrink wrap from the product box
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Signature
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Any symbol executed or adopted for the purpose of authenticating a writing
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Statute of Frauds
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State law that specifies that contracts for the sale of goods worth more that $500 and contracts that require actions that cannot be completed within one year must be created by a signed writing
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Statutory law
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That part of British and U.S. law that comprises laws passed by elected legislative bodies
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Streamlined Sales and Use Tax Agreement (SSUTA)
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An agreement between US states that would simplify state sales taxes by making the various state tax codes more congruent with each other while allowing each state to set its own rates
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Subject-matter jurisdiction
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A court’s authority to decide a dispute between entities based on the issues of dispute
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Sufficient jurisdiction
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A court’s ability to hear a matter if it has both subject-matter jurisdiction and personal jurisdiction
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Tariff
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A tax levied on products as they enter the country; also called duty or customs
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Terms of Service
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Rules and regulations intended to limit the Website owner’s liability for what a visitor might do with information obtained from the site
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Tort
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An action taken by a legal entity that causes harm to another legal entity
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Trade name
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The name (or a part of that name) that a business uses to identify itself
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Trademark
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A distinctive mark, device, motto, or implement that a company affixes to the goods it produces for identification purposes
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Trademark dilution
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The reduction of the distinctive quality of a trademark by alternative uses
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Transaction tax
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Sales taxes, use taxes, excise taxes, and customs duties that are levied on the products or services that a company sells or uses
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Typosquatting
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A problem that occurs when someone registers purposely misspelled variations of well-known domain names. These variants sometimes lure consumers who make typographical errors when entering a URL
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Use tax
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A tax levied by a state on property used in that state that was not purchased in that state
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Vicarious copyright infringement
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The violation of an organization’s rights that occurs when a company capable of supervising the infringing activity fails to do so and obtains a financial benefit from the infringing activity
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Warranty disclaimer
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A statement indicating that the seller will not honor some or all implied warranties
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Web-wrap acceptance
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The compliance with EULA conditions with which a user agrees through the act of using a Web site
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Writing
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A tangible representation of the terms of a contact
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