BLAW 310 Spring 2015

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  1. a civil wrong not arising from a breach of contract
  2. wrongful interference with another's business rights
    Business Tort
  3. money sought as a remedy for a breach of contract or a tortious action
  4. a monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved
    Compensatory Damages
  5. monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future
    Punitive Damages
  6. a wrongful act that is knowingly committed
    Intentional Tort
  7. One who commits a tort
  8. any word or action intended to make another person fearful of immediate physical harm
  9. the unexcused, harmful or offensive, intentional touching of another
  10. capable of serving as the basis of a lawsuit
  11. anything published or publicly spoken that causes injury to another's good name, reputation, or character
  12. defamation in writing or other form having the quality of permanence (such as a digital recording)
  13. defamation in oral form
  14. a legal right, exemption, or immunity granted to a person or a class of persons
  15. the deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true
    Actual Malice
  16. In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.
  17. any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
    Fraudulent Misrepresentation
  18. A salesperson's often exaggerated claims concerning the quality of property offered for sale
  19. the entry onto, above or below the surface of land owned by another without the owner's permission
    Trespass to Land
  20. the unlawful taking or harming of another's personal property or the interference with another's right to the exclusive possession of his or her personal property
    Trespass to Personal Property
  21. wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another
  22. an economically injurious falsehood made about another's product or property
    Disparagement of Property
  23. the publication of false information about another's product, alleging that it is not what is seller claims
    Slander of Quality (Trade Libel)
  24. the publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner
    Slander of Title
  25. the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

    occur when someone suffers injury because of another's failure to live up to a required duty of care
  26. the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others

    *the basic principle underlying the duty of care is that people in society are free to act as they please so long as their actions do not infringe on the interests of others
    Duty of Care
  27. the standard of behavior expected of a hypothetical "reasonable person"
    Reasonable Person Standard
  28. a person, such as a customer or a client, who is invited onto business premises by the owner of those premises
    Business Invitee
  29. professional misconduct or the lack of the requisite degree of skill as a professional 

    *which is essentially professional negligence

    ~if a professional violates her or his duty of care toward a client, the professional may be sued for malpractice

    example: a patient might sue a physician for medical malpractice
  30. An act or omission without which an event would not have occurred

    *the "but for" test: but for the wrongful act, the injured would not have
    Causation in Fact
  31. legal cause, which exists when the connection between an act and injury is strong enough to justify imposing liability

    *courts use proximate cause to limit the scope of the defendants liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's actions
    Proximate Cause
  32. a doctrine under which a plaintiff may not recover from injuries or damage suffered from risks he or she knows of and has voluntarily assumed

    * a plaintiff who voluntary enters into a risky situation, knowing the risk involved, will not be allowed to recover
    Assumption of Risk
  33. a rule in tort law that completely bars the plaintiff from recovering and damages if the damage suffered is partly the plaintiffs own fault
    Contributory Negligence
  34. a rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather the barring recovery completely

    *under this standard, both the plaintiff's and the defendant's negligence are computed, and the liability for damages is distributed accordingly
    Comparative Negligence
  35. a doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence

    *"the fact speak for themselves"
    Res Ipso Loquitur
  36. an action or failure to act in violation of a statutory requirement

    *"in or of itself"
    Negligence Per Se
  37. a state statute stipulating that persons who provide emergency services to someone in peril cannot be sued for negligence

    *these laws were passed largely to protect physicians and medical personnel who voluntarily render medical services in emergency situations to those in need, such as individuals hurt in car accidents
    Good Samaritan Statute
  38. a state statute that imposes liability on the owners of bars and taverns for injuries resulting from accidents caused by intoxicated persons when they contributed to the intoxication

    pg 143 for examples and further explanation
    Dram Shop Act
  39. liability regardless of fault

    *liability for injury is imposed for reasons other than fault
    Strict Liability
  40. a tort committed in cyberspace

    *is online defamation
    Cyber Tort
  41. bulk e-mails sent in large quantities without the consent of the recipients

    Pages 144 - 145 explain some Acts
  42. the liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods
    Product Liability
  43. a product that is defective to the point of threatening a consumer's health and safety

    Page 148-149
    different types
    Unreasonably Dangerous Product
  44. a theory under which liability is shared among all firms that manufactured and distributed a particular product during a certain period of time
    Market-Share Liability
  45. a wrong against society proclaimed in a statute and punishable by society through fines, imprisonment, or death
  46. a standard of proof under which if there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged, then the verdict must be "not guilty"
    Beyond a Reasonable Doubt
  47. a guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability

    * for a crime to exist, the guilty act must cause some harm to a person or to property
    Actus Reus
  48. mental state, or intent. Normally, a wrongful mental state is as necessary as a wrongful act to establish criminal liability
    Mens Rea
  49. the act of forcefully and unlawfully taking personal property of any value from another

    *taking of cash, personal property, or any other article of value from a person by means of force or fear ----- is another violent crime
  50. the unlawful entry or breaking into a building with the intent to commit a felony

    *was defined under the common law as breaking and entering the dwelling of another at night with the intent to commit a felony

    *aimed at protecting an individual's home and its occupants 
  51. the wrongful taking and carrying away of another's personal property with the intent to permanently deprive the owner of the property

    *is stealing or theft
    ex. picking pockets
  52. the intentional burning of another's building
  53. the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

    ex. sign someone else name
  54. nonviolent crime committed by individuals or corporations to obtain a personal or business advantage   
    White- Collar Crime
  55. the fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted

    *is carried out by an employee who steals funds
  56. engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds
    Money Laundering 
  57. The statute, which was enacted as part of the Organized Crime Control Act, makes it a federal crime to do the following: 
    1. use income obtained from racketeering activity to purchase and interest in an enterprise
    2. Acquire or maintain an interest in an enterprise through racketeering activity
    3. conduct or participate in the affairs of an enterprise through racketeering activity
    4. conspire to do any of the preceding activities
    The Racketeer Influenced and Corrupt Organizations Act (RICO)
  58. the legally recognized privilege to protect oneself or one's property against injury by another
  59. exists when the wrongful threat of one person induces another person to perform an act that she or he would not otherwise have preformed

    *unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise have performed
  60. a defense in which the defendant claims that he or she was induced by a public official--- usually undercover --- to commit a crime that he or she would not otherwise have committed

    *a defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for those crimes
  61. the process by which a defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition, subject to court approval

    *the defendant may be convicted of a lesser offense, while the state uses the defendant's testimony to prosecute accomplices for serious crimes carrying heavy penalties
    Plea Bargaining
  62. an order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property
    Search Warrant
  63. reasonable grounds for believing that a person should be arrested or searched

    *to believe a search will reveal a specific illegality
    Probable Cause
  64. a situation occurring when a person is tried twice for the same criminal offense

    *means that once a criminal defendant is acquitted (found not guilty) of a particular crime, the government may not retry him or her for the same crime
    Double Jeopardy
  65. the giving of testimony that may subject the testifier to criminal prosecution
  66. in criminal procedure, a rule under which any evidence that is obtained in violation of the accused's rights guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution, as well as any evidence derived from illegally obtained evidence, will not be admissible in court
    Exclusionary Rule
  67. a charge by a grand jury that a named person has committed a crime

    *individuals must be formally charged with having committed specific crimes before they can be brought to trial
  68. a group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis exists for believing that a crime has been committed and that a trial ought to be held
    Grand Jury
  69. a formal accusation or complaint (without an indictment) issued in certain types of actions  (usually criminal actions involving lesser crimes) by a government prosecutor
  70. a crime that occurs online, in the virtual community of the internet, as opposed to the physical world
    Cyber Crime
  71. any misrepresentation knowingly made over the Internet with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
    Cyber Fraud
  72. the theft of personal information, such as a person's name, driver license number, or Social Security number, to access the victim's financial resources
    Identity Theft
  73. the attempt to acquire financial or other personal information from consumers by sending e-mail messages that purport to be form a legitimate business
  74. a variation of phishing that involves some form of voice communication
  75. a person who uses one computer to break into another
  76. a hacker whose purpose is to exploit a target computer to create a serious impact, such as sabotage 
  77. is any property resulting from intellectual, creative processes--- the products of an individual's mind
    Intellectual Property
  78. a word, symbol, sound, or design that has become sufficiently associated with a good or has been registered with a government agency
  79. a mark used in the sale or advertising of services to distinguish the services of one person from those of others
    Service Mark
  80. a mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services

    example: "UL Tested"
    Certification Mark
  81. a mark used by members of a cooperative, association, labor union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristics of specific goods or services

    example: ends of movie credits to indicate the various associations and organizations that participated in making the movie
    Collective Mark
  82. the image and overall appearance of a product
    Trade Dress
  83. a name used in commercial activity to designate a particular business

    example: Coca-Cola
    Trade Name
  84. an internet address consisting of a series of letters and symbols used to identify site operators on the Web

    example: .com, .edu, .gov
    Domain Name
  85. a trade mark in cyberspace
    Cyber Mark
  86. the act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and the offering to sell that domain name back to the trademark owner
  87. in the context of intellectual property law, an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain limited purposes
  88. a government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period (20 years)
  89. the exclusive right of an author to publish, print, or sell an intellectual production for a statutory period of time
  90. the sharing of resources (such as files, hard drives, and precessing styles) among multiple computers without the need for a central network server
    Peer-to-Peer (P2P) Networking
  91. a network that can be used by persons located (distributed) around the country or the globe to share computer files
    Distributed Network
  92. a subscription-based or pay-per-use service that, in real time over the Internet, extends a computer's software or storage capabilities
    Cloud Computing
  93. information or a process that gives a business an advantage over competitors that do not know the information or process

    *This may include customer lists, plans, research and development, pricing information, marketing techniques, and production methods----anything that makes an individual company unique and that would have value to a competitor
    Trade Secret
  94. an assertion that something either will or will not happen in the future
  95. an agreement that can be enforced in court; formed by two or more competent parties who agree, for consideration, to perform or to refrain from performing some legal act now or in the future
  96. a person who makes an offer
  97. a person to whom an offer is made
  98. a type of contract that arises when a promise is given in exchange for a return promise
    Bilateral Contract
  99. a contract that results when an offer can be accepted only by the offeree's performance
    Unilateral Contract
  100. a contract that by law requires a specific form for its validity
    Formal Contract
  101. a contract that does not require a specified form or formality to be valid
    Informal Contract
  102. a contract in which the terms of the agreement are stated in words, oral or written
    Express Contract
  103. a contract formed in whole or in part from the conduct of the parties (as opposed to an express contract)
    Implied Contract
  104. a contract that has been completely performed by both parties
    Executed Contract
  105. a contract that has not yet been fully performed
    Executory Contract
  106. a meeting of two or more minds in regard to the terms of a contract, usually broken down into two events: an offer and an acceptance
  107. a promise or commitment to do or refrain from doing some specified act in the future
  108. in contract law, the withdrawal of an offer by the offeror. Unless the offer is irrevocable, it can be revoked at any time prior to acceptance without liability
  109. an offeree's response to an offer in which the offeree rejects the original offer and at the same time makes a new offer
  110. a common law rule that requires that the terms of the offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be formed
    Mirror Image Rule
  111. a voluntary act by the offeree that shows consent, or agreement, to the terms of an offer
  112. a rule providing that an acceptance of an offer becomes effective on dispatch
    Mailbox Rule
  113. the value given (such as cash) in return for a promise or a performance in a contractual agreement
  114. a doctrine that can be used to enforce a promise when the promisee has justifiably relied on it, and justice will be better served by enforcing it
    Promissory Estoppel
  115. bar, impede, or preclude
  116. the capacity required by the law for a party who enters into a contract to be bound by the contract
    Contractual Capacity
  117. a contractual promise of one party to refrain from competing with another party for a certain period of time and within a certain geographic area
    Covenant Not to Compete
  118. a contract or clause that is void on the basis of public policy because one party is forced to accept terms that are unfairly burdensome and that unfairly benefit the other party
    Unconscionable Contract or Clause
  119. a standard - form contract in which the stronger party dictates the terms

    take it or leave it
    Adhesion Contract
  120. a contract that is formed electronically
  121. an agreement that arises when a buyer, engaging in a transaction on a computer, indicates assent to be bound by the terms of an offer by clicking on a button that says, for example "i agree"
    Click - on Agreement
  122. an agreement whose terms are expressed in a document located inside a box in which goods (usually software) are packaged
    Shrink - Wrap Agreement
  123. an electronic sound, symbol, or process attached to or logically associated with a  record and executed or adopted by a person with the intent to sign the record
    E - Signature
  124. an agreement between a seller and a buyer who frequently do business with each other concerning the terms and conditions that will apply to all subsequently formed electronic contracts
    Partnering Agreement
  125. a contract that results when the elements necessary for contract formation exist
    Valid Contract
  126. a contract that may be legally canceled at the option of one or both of the parties
    Voidable Contract
  127. a valid contract rendered unenforceable by some statute or legal defense
    Unenforceable Contract
  128. a contract that has no legal force or binding effect, treated as if the contract never existed
    Void Contract
  129. knowledge of, and genuine assent to, the terms of a contract
    Voluntary Consent
  130. a mistake that occurs when one party to a contract is mistaken as to a material fact

    *in other words, the contract normally is enforceable against the mistaken party
    Unilateral Mistake
  131. a mistake that occurs when both parties to a contract are mistaken about the same material fact
    Bilateral Mistake
  132. knowledge by the misrepresenting party that material facts have been falsely represented or omitted with an intent to deceive

    *"guilty knowledge"
    *clearly exists if a party knows that a fact is not as stated
    *also exist is a party makes a statement that he or she believes not to be true or makes a statement recklessly, without regard to whether it is true or false
  133. a state statute under which certain types of contracts must be in writing to be enforceable
    Statute of Frauds
  134. the act of transferring to another all or part of one's rights arising under a contract

    *the transfer of contractual rights to a third party is known as an .....
  135. the transfer of a contractual duty to a third party
  136. one for whose benefit a promise is made in a contract but who is not a party to the contract
    Third Party Beneficiary
  137. a third party for whose benefit a contract is formed and who can sue the promisor if the contract is breached
    Intended Beneficiary
  138. a third party who incidentally benefits from a contract but whose benefit was not the reason the contract was formed
    Incidental Beneficiary 
  139. the termination of one's obligation under a contract
  140. the fulfillment of one's duties arising under a contract
  141. a qualification, provision, or clause in a contractual agreement. The occurrence or nonoccurrence of the condition creates, suspends, or terminates the obligations of the contracting parties
  142. a timely offer or expression of willingness to pay a debt or perform an obligation
  143. in a contractual agreement, a condition that must be met before a party's promise becomes absolute
    Condition Precedent 
  144. the failure, without legal excuse, of a promiser to perform the obligation of a contract
    Breach of Contract
  145. an assertion or action by a party indicating that he or she will not perform an obligation that the party is contractually obligated to perform at a future time
    Anticipatory Repudiation 
  146. an agreement between the parties to cancel their contract, releasing the parties from further obligations under the contract
    Mutual Rescission 
  147. the substitution, by agreement, of a new contract for an old one, with the rights under the old one being terminated
  148. an agreement and payment (or other performance) between two parties, one of whom has a right of action against the other
    Accord and Satisfaction
  149. a doctrine under which a party to a contract is relieved of his or her duty to perform when performance becomes objectively impossible or totally impracticable (through no fault of either party)
    Impossibility of Performance
  150. a doctrine under which a court may excuse the parties from performing a contract when the performance becomes much more difficult or costly due to an event that the parties did not foresee or anticipate at the time the contract was made
    Commercial Impracticability
  151. special damages that compensate for a loss that is not direct or immediate
    Consequential Damages
  152. a rule requiring a plaintiff to do whatever is reasonable to minimize the damages caused by the defendant
    Mitigation of Damages
  153. an amount, stipulated in a contract, that the parties to the contract believe to be a reasonable estimate of the damages that will occur in the event of a breach

    *provision in a contract specifies that a certain dollar amount is to be paid in the event of a future default or breach of contract

    (Liquidated means determined, settled, or fixed)
    Liquidated Damages
  154. a sum named in a contract as punishment for a default
  155. an equitable remedy under which a person is restored to his or her original position before formation of a contract

    *to rescind a contract, both parties generally must make restitution to each other by returning goods, property, or funds previously conveyed
  156. an equitable remedy requiring exactly the performance that was specified in a contract. Usually, it is granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property)

    *calls for the performance of the act promised in the contract
    Specific Performance
  157. a court - ordered correction of a written contract so that it reflects the true intentions of the parties
  158. a fictional contract imposed on parties by a court in the interests of fairness and justice

    *is a legal theory under which an obligation is imposed in the absence of an agreement
    Quasi Contract
Card Set:
BLAW 310 Spring 2015
2015-03-25 20:26:05

BLAW 310 TEST 2 Note Cards
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