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253 Cards in this Set

  • Front
  • Back
Administrative Agency
agencies (such as the Securities and Exchange Commission and the Federal Trade Commission) that the legislative and executive branches of federal and state governments are empowered to establish.
Law
That which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
jurisprudence
The philosophy or science of law.
common law
law developed by judges who issued their opinions when deciding a case. The principles announced in these cases became precedent for later judges deciding similar cases.
Constitution of the US
The supreme law of the United States.
treaty
A compact made between two or more nations.
Statue
Written Law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that must be adhered to by covered parties.
ordinance
Law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.
executive order
An order issued by a member of the executive branch of government.
judicial decision
A decision about an individual lawsuit issued by a federal or state court.
precedent
A rule of law established in a court decision. Lower courts must follow the precedent established by higher courts.
stare decisis
Latin: "to stand by the decision." Adherence to precedent.
What are the 8 functions of the law:
1. Keep the peace.
2. Shaping moral standards.
3. Promoting social justice.
4. Maintaining the status quo.
5. Facilitating orderly change.
6. Facilitating planning.
7. Providing a basis for compromise.
8. Maximizing individual freedom.
Trials: What are the significances of these trials:
1. Standefer v. United States.
2. Brown v. Board of Education.
3.
1. Supreme Court affirmed the criminal conviction of a Gulf Oil Corporation executive for aiding and abetting the bribery of an IRS agent. The agent had been acquitted in a separate trial. (Juries may reach different results under any criminal statute).
2. In 1896 (Plessy v. Ferguson) separate but equal did not violate the Equal Protection Clause of the Fourteenth Amendment; however, in 1954 the Supreme Court said it did violate the amendment.
Schools of Jurisprudential Thought:
1. Natural School of Law
2. Historical School
3. Analytical School
4. Sociological School
5. Command School
6. Critical Legal Studies
7. Law and Economics School.
1. (moral theory of law) Postulates that law is based on what is 'correct.' It emphasizes a moral theory of law-that is, law should be based on morality and ethics.
2. Believes that law is an aggregate of social traditions and customs.
3. Maintains that law is shaped by logic.
4. Asserts that the law is a means of achieving and advancing certain sociological goals.
5. Believes that the law is a set of rules developed, communicated, and enforced by the ruling party.
6. Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness.
7. (Chicago School) Believes that promoting market efficiency should be the central concern of legal decision making.
USCIS (United States Citizenship and Immigration Services).
It is part of the Homeland Security Department.
History of the American Law:
1. English Common Law.
a. Law Courts.
b. Chancery (Equity) Courts.
c. Merchant Courts
c1. Law Merchant
c2. Merchant Court
1. Developed by judges who issued their opinions when deciding cases. The principles in these cases became precedent for later judges.
a. Prior to William the Conqueror, each locality was subject to local laws. William replaced the various local laws with one uniform system of laws. Loyal followers were appointed judges in local areas.
b. Because of the unfair results, Court of Chancery was established. Rather than emphasize legal procedure, the chancery court inquired into the merits of the case. They were called equitable remedies, because they were shaped to fit each situation.
c. In the Middle Ages, merchants who traveled developed certain rules to solver their commercial disputes. Law Merchants were based on common trade practices and usage. Eventually, a separate court was established to administer these rules = the merchant court. In the early 1900's, this court was absorbed into the regular law court system of England.
Romano-Germanic civil law system
Commonly called the civil law, dates to 450 B.C., when Rome adopted the Twelve Tables, a code of applicable laws to the Romans. The body of civil law was completed in A.D. 534. Later, two national codes - the French Civil Code of 1804 (the Napoleonic Code) and the German Civil Code of 1896 - became models for countries that adopted civil codes. It is the sole source of the law in most civil law countries. Most countries in Europe still follow the civil law system.
Anglo-American common law
laws are created by the judicial system as well as by congressional legislation.
What are the 6 Sources of American Law:
1. Constitutions. (US constitution established the federal government and enumerates its power. Powers not given to the feds are reserved to the states. State const. establish state governments and enumerate their powers).
2. Treaties. (The President, with the advice and consent of two-thirds of the Senate, may enter into treaties with foreign countries).
3. Codified Law (Statues are enacted by Congress and State Legislatures. Ordinances are enacted by municipalities and local government bodies. They establish courses of conduct that covered parties must follow).
4. Executive Orders (Issued by the President and the Governors of the States. Regulate the conduct of covered parties).
5. Regulation and Orders of Administrative Agencies (created by the legislative and executive branches of government. They may adopt rules and regulations that regulate the conduct of covered parties as well as issue orders).
6. Judicial Decisions. (Courts decide controversies. In doing so, a court issues an opinion that states
What takes precedent, federal statues or federal regulations?
Federal Statues.
What takes precedent valid federal law or state or local law?
Federal law always wins.
What is the order of precedent in the States.
1. State constitutions.
2. State statutes.
3. State regulations.
4. State law over local laws.
What is litigation?
The process of bringing, maintaining, and defending a lawsuit.
Judicial dispute resolution
Also called litigation, because the courts are used to decide the case.
Pleadings

What are the major parts of the pleading?
The paperwork that is filed with the court to initiate and respond to a lawsuit

1. complaint (the document a plaintiff files with the court and serves on the defendant to initiate a lawsuit)
2. answer (The defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff)
3. cross-complaint (A document filed by the defendant against the plaintiff to seek damages or some other remedy)
4. reply (A document filed by the original plaintiff to answer the defendant's cross-complaint)
What are the requirements of the complaint?
1. Must file it in the proper court.
2. Must name the parties to the lawsuit.
3. Must allege the ultimate facts
4. Must allege the law violated.
5. Must contain a 'prayer for relief' for a remedy to be awarded by the court.
What is a summons?
Once a complaint has been filed with the court, the court will then issue a summons. A summons is a court order directing the defendant to appear in court and answer the complaint.
What exactly does the process server serve?
1. The complaint.
2. The summons.
What does the answer do?
1. The defendant admits or denies the allegations contained in the plaintiff's complaint.

A judgment is entered against a defendant who admits all of the allegations in the complaint.

The case proceeds if the defendant denies all or some of the allegations.
What is a default judgment?
If the defendant does not answer, then a default judgment is entered.

A default judgment establishes the liability of the defendant, then the plaintiff only has to prove damages.
Affirmative defenses.
Self-defense, Statute of limitations; usually filed with a cross-complaint
Statute of limitations
Time within which to bring the lawsuit has expired.
What is intervention?
The act of others to join as parties to an existing lawsuit.
Consolidation
The act of a court to combine two or more separate lawsuits into one lawsuit
Discovery
A legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial.
What are the purposes of discover?
1. preventing surprises
2. allowing parties to thoroughly prepare for trial
3. preserving evidence
4. saving court time
5. promoting settlement of cases.
What is a deposition?
It is an oral testimony by a party or witness prior to trial. The testimony is given under oath and is transcribed.

1. The deponent can be required to bring documents to the deposition.
2. Most depositions are taken at the office of one of the attorneys.
3. The deponent is placed under oath and then asked oral questions by one or both of the attorneys.
4. The questions and answers are recorded in written from by a court reporter.
5. They can also be videotaped.
6. The deponent is given an opportunity to correct his answers prior to signing the deposition.
6. depositions are used to preserve evidence and impeach testimony given by witnesses at trial.
What is the deponent?
A person giving the deposition.
What is an interrogatory?
Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.

1. They can be very detailed.
2. Must answer within 60 to 90 days.
3. The answers are signed under oath.
What is the production of documents?
A request by one party to another party to produce all documents relevant to the case prior to the trial.
What are pretrial motions?
A motion a party can make to try to dispose of all or part of a lawsuit prior to trial.
What is a motion for judgment on the pleadings?
- A motion which alleges that if all the facts presented in the pleadings are takes as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.
What is a motion for summary judgment?
A motion which asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony.
Settlement Conference
- A hearing before a trial in order to facilitate the settlement of a case. Also called a pretrial hearing.
Trier of fact
The jury in a jury trial; the judge where there is not a jury trial.
What is a trial brief?
- At the time of trial, each party usually submits to the judge a trial brief that contains legal support for its side of the case.
What are the stages of trial?
1. Jury Selection
2. Opening Statements
3. The Plaintiff's case.
What are the terms of a trial?
1. voir dire (to speak the truth)
2. Impaneled
3. Sequestered (separated from family)
4. Opening statement (an attorney summarizes the main factual and legal issues of the case and describes why he or she believes the client's position is valid. It is not considered as evidence)
What is the plaintiff's case?
1.The plaintiff bears the burden of proof to persuade the trier of fact of the merits of his or her case.
2. They call witnesses to give testimony.
3. After a witness has been sworn in, the plaintiff's attorney examines (questions) the witness. (Direct examination)
3. Documents and other evidence can be introduced through each witness.
4. After the plaintiff is done, there is cross-examination.
5. The defendant's attorney can only ask questions about the subjects that were brought up during direct examination. The plaintiff can then do a re-direct examination.
What are the parts to the Defendant's case?
1. Rebut the plaintiff's evidence
2. Prove any affirmative defenses asserted by the defendant
3. Prove any allegations contained in the defendant's cross-complaint
4. The defendant's witnesses are examined by the defendant's attorney. There is cross-examination; followed by re-direct and re-cross-examination by the plaintiff.
What is a rebuttal and rejoinder?
1. After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to rebut the defendant's case.
2. The attorney can call additional witnesses and introduce other evidence to counter the rebuttal. This is called the rejoinder.
What is the point of the closing argument?
1. Both attorneys try to convince the jury to render a verdict for their clients by pointing out the strengths in the client's case and the weaknesses in the other side's case. It is not evidence.
What are jury charges or jury instructions?
- The judge informs the jury about what law to apply when they decide the case.
Judgment
- After the jury has returned its verdict, in most cases the judge will enter a judgment to the successful party, based on that verdict. This is the official decision of the court.

1. However, the court may overturn the verdict if it finds bias or jury misconduct. This is called judgment notwithstanding the verdict or judgment n.o.v, or j.n.o.v.
Remittitur
- In a civil case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been biased, emotional, or inflamed.
What is a written memorandum
When the trial court sets forth reasons for the judgment.
What constitutes the record of the court?
1. The memorandum
2. The trial transcript.
3. Evidence introduced at trial
Who and can one appeal?
1. Either party
2. Once a final judgment is entered.
3. Only the defendant can appeal in a criminal case.
4. A notice of appeal must be filed within a prescribed time after judgment is entered (usually within 60 to 90 days)
Which side is the appellant or petitioner?
1. The appealing party is the appellant or petitioner
2. The responding party is the appellee, or respondent
3. The appellant is often required to post a bond (one-and-one-half times the judgment) on appeal
4. Parties may designate all or relevant portions of the trial record to be submitted to the appellate court for review.
What are parts of the appeal?
1. opening brief (sets forth legal research and other information to support his or her contentions on appeal.
2. The appelle can file a responding brief, answering the appellant's contentions.
3. Appellate courts usually permit a brief oral argument at which each party's attorney is heard.
4. The court of appeals will reverse a lower court decision if it finds an error of law in the record.
5. It will only reverse a finding of fact if such finding is unsupported by the evidence or is contradicted by the evidence.
What is A settlement agreement?
- an agreement that is voluntarily entered into by the parties to a dispute that settle the dispute.
2. Each side must sign the settlement agreement for it to be effective.
3. It is usually submitted to the court, and the case will be dismissed based on the execution of the agreement.
Transferred Intent Doctrine
Sometimes a person acts with the intent to injure one person but actually injures another. The law transfers the perpetrator's intent form the target to the actual victim of the act. The victim can then sue the defendant.
False Imprisonment
The intentional confinement or restraint of another person without authority or justification and without that person's consent
Merchant Protection Statutes
Statutes that allow merchants to stop, detain, and investigagte suspected shoplifters without being held liable for false imprisonment.
Tort of Misappropriation of the right to publicity
an attempt by another person to appropriate a living person's name or identity for commercial purposes.
Defamation of Character
False statements made by one person about another. In court, the plaintiff must prove that 1. defendant made an untrue statement of fact about the plaintiff. 2. The statement was intentional or accidentally published by a third party.
Libel
A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on.
Slander
oral defamation of character
product disparagement
False statements abut a competitor's products, services, property, or business reputation.
Intentional misrepresentation
The intentional defrauding of a person out of money, property, or something else of value. Also known as fraud or deceit.
Scienter
A situation in which the wrongdoer recklessly disregards the truth in making a representation that is false.
Intentional Infliction of Emotional Distress
A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. Also known as the tort of outrage.
Malicious Prosecution
A lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes the plaintiff and vice versa.
Unintentional Tort
A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. Also known as negligence.
Actual Cause
The actual cause of negligence. A person who commits a negligent act is not liable unless actual cause can be proven.
Proximate Cause
A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
Negligent infliction of emotional distress
A tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.
res ipsa loquitur
A tort in which the presumption of negligence arises because the defendant was in exclusive control of the situation. 2. the plaintiff would not have suffered injury but for someones negligence. The burden switches to the defendant to prove that he or she was not negligent.
Good Samaritan law
A statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
Product Liability
The liability of manufacturers, sellers, and others for the injuries caused by defective products.
Negligence
A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.
Intentional Misrepresentation
A tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby. Also known as fraud.
Strict Liability
A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.
Chain of distribution
All manufactures, distributors, wholesalers, retailers, lessons, and subcomponent manufacturers, involved in a transaction.
Product Defect
Something wrong, inadequate, or impromper in the manufacture, design, packaging, warning, or instructions about a product.
Defect in manufacture
A defect that occurs when a manufactuerer fails to:
1. properly assemble a product.
2. properly test a product.
3. adequately check the quality of the product.
Defect in Design
A defect that occurs when a product is improperly designed.
Crashworthiness Doctrine
A doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body strking something inside the automobile in the case of a car accident.
Failure to warn
A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.
Defect in packaging
A defect that occurs when a product has been placed in packaging that is insufficiently tamperproof.
Failure to provide adequate instructions
A defect that occurs when a manufacture does not provide detailed directions for safe assembly and use of a product.
Punitive damages
Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
Generally known dangers
A defense that acknowledges that certain products are inherently dangerous and are known to the general population to be so.
Government contractor defense
A defense that says a contractor who has provided specifications by the government is not liable for any defect in the product that occurs as a result of those specifications.
Misuse
A defense that relieves a seller of product liability if the user abnormally misused the product. Products must be designed to protect against foreseeable misuse.
Supervening event or intervening event
An alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.
Statute of limitations
A statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.
Statute of repose
A statute that limits the seller's liability to a certain number of years from the date when the product was first sold.
Comparative Fault
A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.
Intellectual Property Rights
Patents, copyrights, trademarks, and trade secrets. Federal and state laws protect intellectual property rights from misappropriation and infringement.
Contributory negligence
A defense that says a person who is injured by a defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant.
Trade secrets
A product formula, pattern, design, compilation of data, customer list, or other business secret.
one-year 'on sale' doctrine
A doctrine that says 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.
Federal Patent Statute
A federal statute that establishes the requirement for obtaining a patent and protects patented inventions from infringement.
American Inventors Protection Act
A federal statute that permits an inventor to file a provisional application with the U.S. Patent and Trademark Office three months before the filing of a final patent application, among other provisions.
Patent Infringement
Unauthorized use of another's patent. A patent holder may recover damages and other remedies against a patent infringer.
Copyright Revision Act
A federal statute that:
1. establishes the requirements for obtaining a copyright and
2. protects copyrighted works from infringement.
Copyright Infringement
An infringement that occurs when a party copies a substantial and material part of a plaintiff's copyrighted work without permission. A copyright holder may recover damages and other remedies against the infringer.
Fair Use Doctrine
A doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder.
No Electronic Theft Act (NET Act)
A federal statute that makes it a crime for a person to willfully infringe on a copyright work that exceeds $1,000 in retail value.
Digital Millennium Copyright Act (DMCA)
A federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works.
Lanham Act
An amended federal statute that:
1. establishes the requirements for obtaining a federal mark.
2. protects marks from infringement.
Mark
The collective name for trademarks, service marks, certification marks, and collective marks that can be trademarked.
trademark
A distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.
Service mark
A mark that distinguishes the services of the holder from those of its competitors.
Distinctive
Being unique and fabricated.
"secondary meaning"
A brand name that has evolved from an ordinary term.
trademark infringement
Unauthorized use of another's mark. The holder may recover damages and other remedies from the infringer.
Generic name
A term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.
Federal Dilution Act
A federal statute that protects famous marks from dilution, erosion, blurring, or tarnishing.
crime
A violation of a statute for which the government imposes a punishment.
penal code
A collection of criminal statutes.
Regulatory Statutes
Statutes such as environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties.
Felony
The most serious type of crime; inherently evil crime. Most crimes against persons and some business-related crimes as felonies.
Misdemeanor
A less serious crime; not inherently evil but prohibited by society. Many crimes against property are misdemeanors.
Violation
A crime that is neither a felony nor a misdemeanor that is usually punishable by a fine.
Actus Reus
Guilty Act - the actual performance of a criminal act.
Mens Rea
Evil Intent - the possession of the requisite state of mind to commit a prohibited act.
Non-intent crime
A crime that imposes criminal liability without a finding of mens rea (intent)
arrest warrant
A document for a person's detainment, based upon a showing of probable cause that the person committed a crime.
Grand jury indictment
An accused person must be formally charged with a crime before he or she can be brought to trial.
Bail Bond
When a person is arrested, a bail amount is usually set by the court.

If the arrested person posts bail, either by paying the bail amount or by paying a bail bond company to post the bail, he or she can be released from prison until the date of the trial.
indictment
the charge of having committed a crime (usually a felony), based on the judgment of a grand jury.
information
the charge of having committed a crime (usually a misdemeanor), based on the judgment of a judge.
arraignment
a hearing during which the accused is brought before a court and is:
1. informed of the charges against him or her.
2. asked to enter a plea.
plea bargain
An agreement in which the accused admits to a lesser crime than charged. In return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.
hung jury
A jury that cannot come to a unanimous decision about the defendant's guilt. In the case of a hung jury, the government may choose to retry the case.
robbery
The taking of personal property from another person by the use of fear or force.
burglary
The taking of personal property from another's home, office, or commercial or other type of building.
Larceny
The taking of another's personal property other than from his or her person or building.
Receiving stolen property
To:
1. knowingly receive stolen property and
2. intend to deprive the rightful owner of that property.
arson
The willful or malicious burning of a building.
forgery
the fraudulent making or alteration of a written document that affects the legal liability of another person.
embezzlement
The fraudulent conversion of property by a person to whom that property was entrusted.
bribery
A crime in which one person gives another person money, property, or favors, or anything else of value for a favor in return. A bribe is often referred to as a payoff or kickback.
extortion
a threat to expose something about another person unless that other person gives money or property. Often referred to as blackmail.
Criminal fraud
A crime that involves obtaining title to property through deception or trickery. Also known as false pretenses or deceit.
Money Laundering Control Act
A federal statute that makes it a crime to:
1. knowingly engage in a money transaction through a financial institution involving property from an unlawful activity worth more than $10,000
2. knowingly engaging in a financial transaction involving the proceeds of an unlawful activity.
Criminal conspiracy
A crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime.
corporate criminal liability
Criminal liability of corporations for actions of their officers, employees, or agents.
Racketeer Influenced and Corrupt Organizations Act (RICO)
A federal act that provides for both criminal and civil penalties for racketeering.
unreasonable search and seizure
Any search and seizure by the government that violates the Fourth Amendment.
search warrant
A warrant issued by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents. A search warrant must be based on probable cause.
Exclusionary rule
A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against that person.
self-incrimination
a person being a witness against himself or herself. The Fifth Amendment prevents self-incrimination in any criminal case.
Miranda rights
Rights that a suspect must be informed or before being interrogated, so that the suspect will not unwittingly give up his or her Fifth Amendment right.
attorney-client privilege
A rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client.
Immunity from prosecution
The government's agreement not to use against a person granted immunity any evidence given by that person.
Double Jeopardy Clause
A clause of the Fifth Amendment that protects persons from being tried twice for the same crime.
Chap 8 points:
1. Is the burden of proof on the government to prove that the accused is guilty of the crime charged?
1. Yes
Chap: 8

What is the doubt level for a criminal conviction?
beyond a reasonable doubt.
Does conviction require a unanimous jury vote?
Yes.
Why is it called white-collar crimes?
It is often most committed by business managers and employees.
what are the reasons for punishment
1. incarcerate to not harm others.
2. rehabilitate the criminal
3. deter others from similar conduct.
4. inhibit personal retribution by th victim.
What is the prosecutor?
The government.
What is the defendant?
The accused.
Who is the public defender?
The government defense attorney that is provided if the defendant cannot purchase one.
What is mala in se?
Inherently evil crimes, or felonies.
What is mala prohibita?
They are not inherently evil, but they are prohibited by society. Misdemeanors usually prison for one year or less.
What is specific intent?
Under mens rea, specific intent is found where the accused purposefully, intentionally, or with knowledge commits a prohibited act.
What is general intent?
when there is a showing of recklessness or a lesser degree of mental culpability.
What is judgement proof?
The criminal does not have the money to pay a civil judgment.
Before the police can arrest someone, do they usually must get an arrest warrant?

If yes, what must be showed?
yes.

probable cause.
What exactly is probable cause?
The substantial likelihood that a person either committed or is about to commit a crime.
If there is no time to get an arrest warrant, do the police need one?

If not, what is the standard they go by?
No.

Probable cause.
What is booking?
It is the administrative procedure for recording an arrest, fingerprinting the suspect, taking a photograph of the suspect.
How much do bail bonds usually need?
10%
Must an accused person be formally charged with a crime before he or she can be brought to trial?
Yes.
Evidence of serious crimes is usually presented to...?
A grand jury.
Does the grand jury determine guilt?
No.
What is nolo contendre?
The accused agrees to the imposition of a penalty but does not admit guilt.

The government does not have to accept the plea.

It cannot be used as evidence of liability against the accused at a subsequent civil trial.
How many percent of criminal cases are settled and don't go to trial?
90%
What is the felony murder rule?
Sometimes a murder is committed during the commission of another crime even though the perpetrator did not originally intend to commit murder.
What is the difference between theft and robbery?
Robbery uses fear or force, whereas theft does not.

Armed robbery carries a heavier penalty than regular robbery.
In common law, what is burglary?
breaking and entering at night.

Modern is...the unauthorized entering of a building through an unlocked door.

Aggravated bulglary carries stiffer penalties.
What are some examples of larceny?
trade secrets, computer programs, other business property.
What is the difference between grand theft and petit theft?
The value of the property taken.
What is the common law definition of arson?
the malicious or willful burning of the dwelling of another person.
Is embezzlement a statutory crime?
No.
What are some examples of embezzlement?
employees, agents, or representatives, accountants, preparing false books, records, or entries.
Is intent an necessary element of crime?
Yes.
Does the other person have to accept the bribe in order to be bribary?
No.
What is it called for blackmailing public officials?
Extortion under color of official right.
What is it called to obtain property through deception or trickery?
false pretenses.
Does federal law prohibit the use of mails or wires (internet) to defraud another person?

If so, what is it called?
Yes.

Mail or wire fraud.
Is money laundering a federal crime?
Yes.
If violation of money laundering, will property involved in the act be forfeitured to the government?
Yes.
What are the punishments of corporate criminal liability?
fines, loss of license or franchise.
Are general searches beyond the specified are forbidden?
Yes.
When are warrantless searches permitted?
1. incident to arrest.
2. where evidence is in plain view
3. where it is likely that evidence will be destroyed.
What is the good faith exception?
it allows evidence otherwise obtained illegally to be introduced as evidence against the accused if the police officers who conducted the unreasonable search resonably believed that they were acting pursuant to a lawful search warrant.
Does the government have the right to search business premises without a search warrant?

If yes, when?
No.

Only when the company is highly regulated, like hazardous industries.
Do corporations have self-incrimination protection?
No.
Are certain papers of businesspersons protected from disclosure?
Yes.
What exctly are the Miranda rights?
1. the right to remain silent and refuse to answer any questions.
2. anything you say can be used against you in a court of law.
3. the right to speak to an attorney.
4. have the attorney present during any questioning.
5. if you cannot afford an attorney, the government will provide one to you at no expense.
6. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
what are all the privilegas?
1. psychiatrist/psychologist-patient privilege
2. priest-penitent privileage
3. spouse-spouse privileage
4. parent-child privilege.

There is no accountant privilege.

If the accused discloses that he is planning to commit a crime in the future, they must report it.
If there is a hung-jury, can the government retry the case?
Yes.
What are the rights of criminals, in the Sixth amendment?
1. impartial jury in the district the crime was committed.
2. confront the witnesses
3. have the assistance of the lawyer
4. speedy trial.
Must the defendant obtain the trade secret through unlawful means in order for it to be a tort?
Yes.
Must the owner of the trade secret take all reasonable precautions to prevent the trade secret from being discovered?
Yes.
Can a competitor discover a trade secret through reverse engineering?
Yes.
What can they recover in a tort?
1. the profits made by the offendor from the use of the trade secret.
2. recover the damages
3. obtain an injunction.
Which act makes obtaining a trade secret a federal crime?
Economic Espionage Act of 1996.
How long is the prison sentence for breaking the economic espionage act?
1. up to 15 years.
2. for organizations, 10 million per criminal act.
3. can be increased if it were to benefit a foreign government.
Are there any state patent laws?
No.
Where do you file the patent?
1. United States Patent and Trademark Office (PTO).
What is the federal appeals court in Washington D.C.,
- the U.S. Court of Appeals for the Federal Circuit.
How long are patents good for?
20 years.
How long are design patents good for?
14 years.
Does the patent start from when it was filed or from when it was issues?
Filed.
Is the US the first-to-invent rule or is it the first-to-file rule?
first-to-invent
After the patent period runs out, it enters into the public domain. Can anyone produce and sell the invention?
Yes.
What are the requirements for a patent?
1. Novel
2. Useful
3. Non-obvious
What can a successful plaintiff recover in a patent infringement?
1.money damages equal to a reasonable royalty rate on the sale of the infringed articles
2. damages caused by the infringement (loss of customers)
3. an order requiring the destruction of the infringing article
4. an injunction preventing the infringer from such action in the future.
Where is the section on copyright found?
Article I, section 8 of the constitution.
Are there any state copyright law?
No.
When is the copyright created?
when the author produces his or her work.
Who do you register your work with?
United States Copyright Office in Washington D.C.
What did the Berne Convention do?
eliminated the need for the copyright symbol.
What did the sonny bono copyright term extension act accomplish?
1. copyright for life plus 70 years.
2. for businesses, 95 years of first publication or 120 years from the year of creation (whichever is shorter)
What does public domain mean?
anyone can publish the work without paying the prior copyright holder.
Does the copying have to be word for word?
No.
What is the fair use doctrine?
1. quotation of the copyrighted work for review or criticism, scholarly work, or technical work
2. use in a parody or satire
3. brief quotation in a news report.
4. reproduction by a teacher or student of a small part of work to illustrate a lesson.
5. broadcast
6. legislative or judicial proceeding.
What act criminalizes copyright infringement?
No Electronic Theft Act (NET Act)

1. up to five years
2. up to $100,000
Where are trademarks registered?
with the United States PTO in Washington D.C.
how long is the original registration for a trademark?
10 years, and it can be renewed for an unlimited number of 10 years.
Do the frequently used TM or SM marks have any legal significance?
No.
How quickly does the mark need to be registered before use?
6 months.
What is an example of a service mark?
The friendly skies (United Air Lines, Inc.)
Which marks cannot be trademarked?
1. coat of arms
2. flags
3. marks that are immoral
4. surnames
If there is international copyright, how much can the amount be?
Treble.
What are the points for the Federal Dilution Act?
1. mark must be famous
2. The use by the other party must be commercial.
3. The use must cause dilution of the distinctive quality of the mark.
Must the defendant be at fault for a successful tort claim?
Yes.
What is liability without fault?
the injured person does not have to prove that the defendant breached a duty of care.
Does strict liability apply to services?
No.
Does the plaintiff have to have a contract with the defendant in strict liability?
No. There is no privity of contract.
Have the courts determined that a bystander is just as protected as a consumer?
Yes.
Do damages recoverable in strict liability vary by jurisdiction?
Yes.
Is economic loss, in strict liability, recoverable in most or only some jurisdictions?
some.
What must first be shown in strict liability?
1. the product was defective.
What are the types of defects?
1. defect in manufacture
2. defect in design
3. failure to warn
4. defect in packaging
5. failure to provide adequate instructions.
What analysis do courts use to determine the product's design?
1. risk-utility analysis; requires the court to consider the gravity of the danger posed by the design, the like-lihood that injury will occur, the availability and cost of producing a safer alternative design, the social utility of the product, and other factors.