Anderson’s Business Law – Chapters 9, 10 ; 11 – Flashcards
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absolute privilege
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complete defense against the tort of defamation, as in the speeches of members of Congress on the floor and witnesses in a trial.
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contract interference
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tort in which a third party interferes with others' freedom to contract.
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contributory negligence
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negligence of the plaintiff that contributes to injury and at common law bars from recovery from the defendant although the defendant may have been more negligent than the plaintiff.
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defamation
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untrue statement by one party about another to a third party.
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false imprisonment
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intentional detention of a person without that person's consent; called the shopkeeper's tort when shoplifters are unlawfully detained.
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intentional infliction of emotional distress
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tort that produces mental anguish caused by conduct that exceeds all bounds of decency.
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intentional tort
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civil wrong that results from intentional conduct.
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invasion of privacy
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tort of intentional intrusion into the private affairs of another.
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libel
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written or visual defamation without legal justification.
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malpractice
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when services are not properly rendered in accordance with commonly accepted standards; negligence by a professional in performing his or her skill.
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negligence
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failure to exercise due care under the circumstances in consequence of which harm is proximately caused to one to whom the defendant owed a duty to exercise due care.
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product disparagement
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false statements made about a product or business.
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qualified privilege
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media privilege to print inaccurate information without liability for defamation, so long as a retraction is printed and there was no malice.
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shopkeeper's privilege
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right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment.
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slander
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defamation of character by spoken words or gestures.
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slander of title
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malicious making of false statements as to a seller' title.
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strict liability
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civil wrong for which there is absolute liability because of the inherent danger in the underlying activity, for example, the use of explosives.
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tort
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civil wrong that interferes with one's property or person.
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trade libel
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written defamation about a product or service.
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trespass
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unauthorized action with respect to person or property.
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acquired distinctiveness
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through advertising, use and association, over time, an ordinary descriptive word or phase has taken on a new source-identifying meaning and functions as a mark in the eyes of the public
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copyright
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exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work.
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cybersquatters
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term for those who register and set up domain names on the Internet for resale to the famous users of the names in question.
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distinctiveness
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capable of serving the source- identifying function of a mark
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mask work
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specific form of expression embodied in a chip design, including the stencils used in manufacturing semiconductor chip products.
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prior art
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a showing that an invention as a whole would have been obvious to a person of ordinary skill in the art when the invention was patented
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secondary meaning
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is a legal term signifying the words in question have taken on a new meaning with the public, capable of serving a source-identifying function of a mark
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semiconductor chip product
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product placed on a piece of semiconductor material in accordance with a predetermined pattern that is intended to perform electronic circuitry functions.
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service mark
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mark that identifies a service.
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trade dress
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product's total image including its overall packaging look.
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trade secret
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any formula, device, or compilation of information that is used in one's business and is of such a nature that it provides an advantage over competitors who do not have the information.
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trademark
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mark that identifies a product.
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appropriation
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taking of an image, likeness, or name for commercial advantage.
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contract
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binding agreement based upon the genuine assent of the parties, made for a lawful object, between competent parties, in the form required by law, and generally supported by consideration.
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cybercrime
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crimes committed via the Internet.
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cyberlaw
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laws and precedent applicable to Internet transactions and communications.
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cyberspace
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World Wide Web and Internet communication.
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defamation
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untrue statement by one party about another to a third party.
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E-sign
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signature over the Internet.
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fair use
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principle that allows the limited use of copyrighted material for teaching, research, and news reporting.
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identity theft
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use of another's credit tools, social security number, or other IDs to obtain cash, goods, or credit without permission.
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infringement
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violation of trademarks, patents, or copyrights by copying or using material without permission.
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intellectual property rights
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trademark, copyright, and patent rights protected by law.
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invasion of privacy
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tort of intentional intrusion into the private affairs of another.
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misrepresentation
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false statement of fact, although made innocently without any intent to deceive.
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pump-and-dump
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self-touting a stock to drive its price up and then selling it.
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search engine
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Internet service used to locate Web sites.
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tort
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civil wrong that interferes with one's property or person.
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warrant
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authorization via court order to search private property for tools or evidence of a crime.
