Week 1
Substantive law
creates, defines, and regulates rights and liabilities
Rights theory includes all of the following except
using others in a way that gives you a one-sided benefit
Meetings are to be open to the public under
the Sunshine Act
Perjury occurs
In both oral and written forms
The Lanham Act grants protection for
Marks or Trademarks
Statutory law can be created by all of the following except
by the courts
Immanuel Kant's categorical imperative theory
requires that we avoid one-sided benefits as a result of ethical decisions.
Concerning administrative investigations
papers and records generally may be subpoenaed by an agency.
In some states, the taking of information from a computer without the consent of the owner is called
computer trespass
The America Invents Act
Replaced the patent "first to invent system" with a "first to file" system.
Rights guaranteed in the United States Constitution
cannot be taken away by statutes or court decision
Powers delegated to the national government that may be exercised by the states are referred to as
Shared Powers
If an agency causes a substantial loss to a business by enforcement of its laws, that business
may seek damages if the agency acted in bad faith
The Economic-Espionage Act (EEA)
makes it a crime to transfer proprietary files, documents and information from a computer to an unauthorized person
The measure of damages for misappropriation of a trade secret is
the profits earned by the ‘thief' derived from the misappropriation of the trade secret
Our rights flow from all the following sources except
ethical values
Which of the following is true about administrative agencies
Administrative agencies make decisions that are rarely reviewed by the courts.
Before an agency can begin rulemaking proceedings it must be given jurisdiction
by congressional enactment in the form of a statute.
Specific statutes define the _______, which is the criminal conduct required to be charged with a crime
actus reus
ICANN is a nonprofit corporation responsible for
coordinating the use of domain names across the Internet.
If a court issues an injunction, the court would be ordering a(n) ________
equitable remedy
When the President negotiates a treaty with a foreign country and submits it to the Senate for approval, the president's action is
an amendment by practice
The ____________ protection against self-incrimination cannot be invoked by a corporate officer when an agency has subpoenaed corporate records
Fifth Amendment
Failure to give ______ means that a defendant's statements or confession cannot be used as evidence against that individual
the Miranda warnings
Owners of mask works are entitled to the exclusive right to reproduce and distribute their products under U.S. law for a period of
10 years