BUS 101-01 Business Law

Card Set Information

BUS 101-01 Business Law
2011-02-24 06:13:01

Exam 2
Show Answers:

  1. Difference between:
    Phishing - Vishing
    Phishing - attempt to acquire financial data, passwords, or other personal info from consumers by sending e-mails messages that purport to be from legitimate business.

    Vishing - involves some form of voice communication. Receive email/phone call from someone claiming to be from ligit business and asking for personal information.
  2. Intellectual Property
    Property resulting from intellectual, creative process.
  3. Patent
    Government grant that gives inventor exclusive right or privilege to make, use, or sell his invention for a limited time period.
  4. Double Jeopardy
    A situation occurring when a person is tried twice for the same criminal offense; prohibited by 5th Amendment.
  5. Cyberstalking
    The crime of stalking committed in cyberspace through the use of the Internet, e-mail, or another form of electronic communication.
  6. Meta Tags
    Key word in a document that can serve as an index reference to the document. Search engines return results based, in part, on these tags.
  7. Cyber Mark
    A trademark in cyberspace.
  8. Trademark Dilution
    Occurs when a trademark is used, w/out authorization, in a way that diminishes the distinctive quality of the mark. A claim of dilution does NOT require proof that consumers are likely to be confused by a connection between the unauthorized use and the mark.
  9. Liability of Corporate Officers and Directors
    They are personally liable for the crimes they committ, regardless of whether the crimes were committed for their personal benefit or on teh coporation's behalf.
  10. Miranda
    Miranda v. Arizona 1966 - been cited in more court decisions than any other case in the history of American law.

    Miranda confessed to rape and kidnapping of an 18 yr old during a police interrogation. Confession was admitted and he was sentenced to 20-32 years. He appealed his conviction, claiming that he had not been informed of his constitutional rights. He did not assert that he was innocent of the crime or that his confession was false or made under duress. Supreme court of Arizona held that his constitutional rights had not been violated and affirmed his conviction. The court emphasized that Miranda had not requested an attorney.
  11. Napster
    Napster v. A&M Records - Napster operated a website w/free software that enabled users to copy and transfer MP3 files via the internet. When A&M sued Napster, the court held that Napster was liable for contributory and vicarious (indirect) copyright infringement because it had assisted others in obtaining unauthorized copeis of copyright music.
  12. Mens rea
    Mental state, or intent.
  13. Difference between larceny and robbery.
    Larceny - wrongful taking and carrying away property w/the intent to permanently deprice the owner of the property.

    Robbery - act of forcefully and unlawfully taking property of any value from another. Force or intimidation is usually necessary.
  14. Defenses to criminal liability (5)
    • Self Defense
    • Insanity
    • Necessity
    • Mistake of law
    • Mistake of fact
  15. Forgery
    Fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
  16. Difference between:
    Embezzlement - Larceny - Money Laundering
    • Embezzlement - fraudulent appropriation of funds or other property by a person to whom the funds has been entrusted.
    • Larceny - wrongful taking and carrying away property w/the intent to permanently deprice the owner of the property.
    • Money Laundering - Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.
  17. What is a hacker?
    Person who uses one computer to break into another.
  18. What is a computer virus?
    Computer program that replicates itself over a network.
  19. Trademark
    A distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market.