Shared Flashcard Set

Details

Law & Ethics
First Test
24
Law
Undergraduate 4
03/07/2011

Additional Law Flashcards

 


 

Cards

Term
Defamatory Remarks
Definition
criminal activity, incompetence in profession, injure reputation, moral failings, loathsome disease
Term
ID occurs when ________.
Definition
A witness recognizes reference to plaintiff.
Term
Fault
Definition
Negligence unless public figure; public figures must show actual malice by C&C (Clear and Convincing evidence)
Term
Falsity
Definition
Plaintiff must prove
Term
Damages
Definition
Presumed if accused of crime, loathsome disease
Term
Compensatory Damages, Actual Damages
Definition
are paid to compensate the claimant for loss, injury, or harm suffered as a result of another's breach of duty.
Term
Special Damages
Definition
compensate the claimant for the quantifiable monetary losses suffered by the plaintiff
Term
Punitive Damages
Definition
not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintif (Basically conduct)
Term
NYT v. Sullivan
Definition
ctual Malice/NYT malice, proven by clear and convincing evid.
Term
Knowing falsity or reckless disregard for truth is proven by __________.
Definition
doubt about truth of statement
Term
Nature of public figures
Definition
Limited or vortex public figures; access to media
Term
Defenses to defamation (Name 4)
Definition
Statutes of Limitation, Truth, Opinion, Privilege
Term
No libel of _________.
Definition
Dead.
Term
What is the purpose of copyright and trademark laws?
Definition
To protect intellectual property
Term
What materials may be copyrighted?
Definition
Original works in fixed medium
Term
What are the benefits of copyright?
Definition
Reproduction, adaptations, first sale, public display and perf.
Term
Length of copyright?
Definition
life + 70 for people; 120 from creation or 95 from pub. for corps.
Term
With copyright, you must register to ______.
Definition
Enforce
Term
In copyrighting, works done for _____.
Definition
Hire
Term
Fair Use
Definition
Purpose, amount, nature, effect on market value.
Term
Trademark
Definition
Word or symbol identifying product or company
Term
Inherently Distinctive
Definition
These marks tend to be more creative, avoiding any actual description of the related goods and services
Term
Secondary Meaning
Definition
Shows that the mark has some meaning to the public beyond the obvious meaning of the terms or images of mark itself.
Term
Loss by abandonment
Definition
The relinquishment or renunciation of an interest, claim, privilege, possession or right, especially with the intent of never again resuming or reasserting it.
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