BUS 203 – Legal Environment of Business – Final Exam – Flashcards
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Patent
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A grant from the government that gives an investor exclusive rights to an invention.
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Patent Duration
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20 Years
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Patent Acquirement
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Filing patent application.
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Copyright
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The right of an author of a literary or artistic work that falls within a specified category to have an exclusive use of that work for a given time.
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Copyright Duration
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The life of the author plus 70 years. For publishers: 95 years after publication or 120 years after creation.
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Copyright Acquirement
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Automatic
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Trademark
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Any name, word symbol, or device that an entity uses to distingish its goods or service from thos eof others. the owner has the right to mark or trade dress.
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Trademark Duration
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Unlimited, as long as it's in use.
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Trademark Acquirement
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Ownership crated by use of mark. Registration with appropriate federal or state office.
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Trade Secret
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Any information that a business possesses that gives the business the advantage over competitors.
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Trade Secret Duration
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Unlimited, So long as not revealed to others.
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Trade Secret Acquirement
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Through the originality and development of the information.
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Trademark Infringement
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Whenever a trademark is copied or use, and created a likelihood of confusion about the goods, intentionally or unintentionally.
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Descriptive Mark
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Term with a dictionary meaning which is used in connection with products or services directly related to that meaning.
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Agency
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The fiduciary relationship that results from the manifestation of consent by one person to another that the other shall act in his or her behalf and subject to his or her control and consent by the other so to act.
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Principal-Agent Relationship
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Parties have agreed that the agent will act on behalf of and instead of the principal in transacting business with others.
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Fiduciary Duty
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A legal or ethical relationship of confidence or trust between two or more parties.
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True
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T or F: Employer liable if employees act was authorized by employer.
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True
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T or F: Employer liable if the act was commonly preformed by employees.
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False
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T or F: Employer is NOT liable if the employer had reason to know employee would do the act.
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False
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T or F: Employer liable if the act involved a serious crime.
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Employment-at-Will
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A doctrine that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union) amongst other exceptions.
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Overtime
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Over 40 hours/week must receive 1.5 x regular pay.
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Child Labor
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Children under 14 are allowed to do certain types of work (newspapers, family, entertainment).
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14 & 15 Years Old Labor
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Allowed to work but not in hazardous occupations and there are restrictions on how many hours; only 3 during school days/8 hours on non-school days.
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16-18 Years Old Labor
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Not restricted on hours but still can't be hazardous.
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OSHA (Occupational Safety and Health Act)
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o The fundamental federal law aimed toward safety in the workplace. o Employers with 11 or more employees are required to keep records. o work related injuries must be reported o Death of an employee must be reported o If 5 or more employees are hospitalized it must be reported within 48 hours. o OHSA Whistleblowers/statutory exception to Employment at will
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FMLA
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Requires employers with over 50 employees to provide 12 weeks of unpaid leave to employees who need to care for a spouse, child, or parent suffering with a serious health condition or for their own serious health condition.
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Americans with Disability Act (ADA)
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Requires employers to offer reasonable accommodation to employees or applicants with a "disability" who are otherwise qualified for the job they hold or seek.
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Business Necessity Defense
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Requires the employer to demonstrate that the imposition of a job qualification is reasonably necessary to the legitimate conduct of the employer's business.
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Bona Fide Occupational Qualification
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Requires an employer to show that an particular skill or classification, even if discriminatory, is necessary for the performance of a particular job.
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Seniority Systems Defense
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One that conditions the distribution of job benefits on the length of time one has worked for an employer.
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National Labor Relations Act
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Establishes the right of workers to strike and engage in collective bargaining and established the National Labor Relations Board: NLRB.
