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7 Cards in this Set

  • Front
  • Back
✔︎Please identify and briefly explain each of the five elements of negligence.
1. Duty of Care: the obligation people owe each other -that is, the duty not to cause any unreasonable harm or risk of harm

2. Breach of Duty of Care: the failure to act as a reasonable person would act

3. Injury to Plaintiff: the plaintiff must have suffered some injury before he or she can recover any damages

3. Actual Cause: also called causation of fact. If the defendant’s act caused the plantiff’s injuries, there is causation of fact.

4. Proximate Cause: based on public policy, the law establishes a point along the damage chain after which the negligent party is no longer responsible for the consequences of his or her actions. The general test of proximate cause is foreseeability. A negligent party who is found to be the actual cause, but not the proximate cause, of the plaintiff’s injuries is not liable to the plantiff.

2. ✔︎Please briefly define statute of limitations and statute of repose.
-Statute of Limitations: statute requiring an injured person to bring an action within a certain number of years from the date of an injury caused by the defective product

-Statute of Repose: a statute that limits the seller’s liability to a certain number of years from the date the product was first sold.

3.✔︎Please clearly define each of these three white-collar crimes: Forgery; Embezzlement; Bribery.
-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, favors, or anything else of value for a favor in return; also known as payoff and kickback

4. ✔︎Please list the two statutory sources -- a state and a federal -- that provide protection for trade secrets in the U.S.
-Uniform Trade Secrets Act

-Economic Espionage Act

5. ✔︎Please list the three requirements that must be met for obtaining a patent from the U.S. Patent and Trademark Office for an invention.
1. Novel

2. Useful

3. Nonobvious

6. ✔︎Please identify and briefly explain three limited unauthorized uses of copyrighted materials that are permitted under the fair use doctrine.
1. Quotation of the copywriter work for review or criticism in a scholarly or technical work

2. Use in a parody or satire

3. Brief quotation in a news report

7. ✔︎To qualify for federal trademark protection, a mark must meet one of two standards. Please identify and briefly explain the two ways a mark may be protected as a federal trademark.
-“Secondary Meaning”: That is, when an ordinary, established term has taken on a secondary meaning to become a brand name

-Distinctive: That is, a brand name that is unique and fabricated