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7 Cards in this Set
- Front
- Back
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✔︎Please identify and briefly explain each of the five elements of negligence.
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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. |
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2. ✔︎Please briefly define statute of limitations and statute of repose.
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-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. |
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3.✔︎Please clearly define each of these three white-collar crimes: Forgery; Embezzlement; Bribery.
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-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 |
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4. ✔︎Please list the two statutory sources -- a state and a federal -- that provide protection for trade secrets in the U.S.
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-Uniform Trade Secrets Act
-Economic Espionage Act |
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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.
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1. Novel
2. Useful 3. Nonobvious |
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6. ✔︎Please identify and briefly explain three limited unauthorized uses of copyrighted materials that are permitted under the fair use doctrine.
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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 |
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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.
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-“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 |
