Shared Flashcard Set

Details

Business Law
Final Exam
10
Business
Undergraduate 3
12/12/2009

Additional Business Flashcards

 


 

Cards

Term
Negligence
Definition

Check 4.

 

1___ The defendant in the case had aDUTY to         perform.

2___ The defendant BREACHED that duty. 3___ There was an INJURY or DAMAGE.

4___ The breach was the PROXIMATE CAUSE         of that injury.

Term
Interference with a contract or economic advantage.
Definition

Check 4.

 

1___ Plaintiff (Π) had a business CONTRACT or business RELATIONASHIP with a third party.

2___ Defendant (Δ) caused the third party to BREAK the contract or relationship.

3___ The Δ KNOWINGLY interfered.

4___ Check 2. The interference was IMPROPER.

  • 1___ NOT the defendant was protecting his own ECONOMIC or SAFETY interests or ASSETS.
  • 2___ NOT the defendant is competing in the FREE MARKET.

 

Term
Confusion about a product
Definition

Check any 1.

 

___ Check 5. INJURIOUS Falsehood

1___ Δ makes a FALSE statement of fact

2___ Fact degrades the QUALITY of another’s GOODS or SERVICES.

3___ The false statement was made to a THIRD PARTY.

4___ There was DAMAGE.

5___ The statement was a substantial element in CAUSING the damage.

 

___ Check any 1. CONFUSION of source.

___ Check 4. TRADEMARK or TRADE NAME confusion.

1___ Π has a trademark or trade name that qualify for PROTECTION.

2___ Δ used a CONFUSINGLY SIMILAR IMMITATION of Π’s trademark or trade name.

3___ Imitation is likely to cause MISTAKE, CONFUSION, DECEPTION or trademark or trade name DILUTION.

4___ Use is without PERMISSION.

___ Unfair COMPETITION: Total impression of Δ’s product/service results in confusion as to ORIGIN of the product.

Term
Theft
Definition

Check 1.

___ Check 3. Shoplifting

1___ Δ TOOK POSSESSION of goods in a store.

2___ Δ intended to USE as Δ’s own

3___ Δ intended not to PAY.

 

___ Check 3. Embezzlement

1___ Δ had lawful POSSESSION of the property

2___ Δ CONVERTED the property, which means handling the property INCONSISTENTLY with the arrangements in which he had possession.

3___ Δ intended to DEFRAUD the owner.

 

___ Check 3. Larceny

1___ TAKING and CARRYING AWAY property of another.

2___ Without the CONSENT of the person in possession of the property.

3___ Δ intended to DEPRIVE the POSSESSOR of the property.

Term
RICO Case
Definition

Check 3.

 

1___ RACKETEERING CONDUCT

2___ Of an ENTERPRISE (at least 2 people) 3___ Through a PATTERN (at least 2 acts within 10 years.)

Term
Computer Crime
Definition

Check any 1.

 

___ Computer trespass: Unauthorized USE or ACCESS to a computer.

___ Check 3. Criminal copyright infringement.

1___ There has been a copyright INFRINGEMENT.

2___ The infringement was WILLFUL. 3___ Infringement done for BUSINESS ADVANTAGE or FINANCIAL GAIN.

Term
Assault
Definition

Check 3.

 

1___ Δ INTENDED

2___ To create a fear of IMMINENT BODILY HARM.

3___ Actual FEAR.

Term
Battery
Definition

Check 4.

 

1___ Δ INTENDED to TOUCH

2___ Actually TOUCH the Π

3___ In an OFFENSIVE way

4___ Without the Π’s CONSENT.

Term
False Imprisonment
Definition

Check 4.

 

1___ Δ INTENDED

2___ To totally RESTRAIN the Π

3___ Without the Π’s CONSENT

4___ Without any PRIVILEGE.

Term
Defamation
Definition

Check 4.

 

1___ Wrongful injury to one’s REPUTATION.

2___ In the eyes of a SUBSTANTIAL RESPECTIBLE GROUP.

3___ Involving DISGRACE.

4___ PUBLISHED to (caused to be known by) a THIRD PARTY.

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