Law & Order
In a lawsuit, who is the party bringing the claim?
The plaintiff.
What is the supreme law of the land?
The U.S. Constitution.
What is the highest court in the US?
The Supreme Court.
What type of intellectual property protects an invention?
A patent.
How does white-collar crime typically differ from traditional crimes?
White-collar crime generally involves financially motivated, nonviolent wrongdoing committed through business, professional, or organizational activities.
Traditional crimes usually refer to physical or violent offenses such as robbery or assault.
Who is the person or party being sued?
The defendant.
Who issues executive orders?
The President of the United States.
What is the name of the first document filed to officially begin a lawsuit?
The complaint.
What type of intellectual property protects a brand name, logo, or symbol used to identify a business's goods or services?
A trademark.
What is the difference between a felony and a misdemeanor?
A felony is a more serious crime with a potential punishment exceeding one year of imprisonment.
A misdemeanor is generally less serious and typically carries a maximum jail sentence of one year or less.
What does litigation mean?
The process where one or both parties file a lawsuit expecting a court to resolve the dispute.
What is common law, and who primarily develops it?
Law developed through judicial decisions and court rulings. Judges develop common law through their decisions.
During the discovery phase of a lawsuit, parties primarily
Gather evidence and exchange information.
What type of intellectual property protects original creative works, such as books, music, and photographs?
Copyright.
A man steals a laptop from an electronics store. The store owner wants the man to be held legally accountable for the theft. Who is responsible for prosecuting the criminal offense?
The government, because criminal offenses are prosecuted on behalf of the public.
A customer purchases a laptop from an electronics store. After discovering the laptop is defective, the customer sues the store to recover the purchase price.
What type of law governs this dispute?
Civil Law.
What does the legal term "precedent" mean?
A prior court decision that serves as a guide or authority for deciding a similar case.
Name one type of case that a federal court may hear.
Cases involving federal law, the Constitution, disputes between citizens of different states, and the amount in controversy is over $75,000 (diversity jurisdiction).
A restaurant has a secret sauce recipe that gives it a competitive advantage. It wants to keep the recipe confidential instead of publicly disclosing it. What type of intellectual property protection might it use, and what must it do?
Trade secret protection. The restaurant must take reasonable measures to keep the recipe secret.
An employee takes money from their employer's cash register without permission. Another employee, entrusted with managing company funds, secretly transfers the money into their own account.
Which act is more clearly an example of embezzlement, and why?
The second act because the employee was entrusted with the funds and misappropriated them.
In a criminal case, the prosecution must prove the defendant's guilt beyond a ___ ___ in order for a conviction to occur.
Reasonable Doubt.
A state legislature passes a law that conflicts with the U.S. Constitution. Can the law be enforced as written?
No. A law that conflicts with the U.S. Constitution can be struck down as unconstitutional. The Constitution takes precedence over conflicting laws.
A business believes another business violated a federal statute. Why might the case be heard in federal court?
Cases involving federal law fall under the jurisdiction of federal courts.
A company develops a new invention. It is deciding whether to seek a patent or keep the invention a trade secret. What is one major difference between these two options?
A patent provides time-limited legal protection in exchange for the public disclosure of the invention. A trade secret can potentially last indefinitely, but only while the information remains secret and the company takes reasonable steps to protect it.
Independent discovery or lawful reverse engineering may defeat trade secret protections.
A company executive knowingly participates in a scheme to deceive investors for financial gain. What criminal-law concept concerns the executive's guilty state of mind, and why might it matter?
Criminal Intent. The required mental state can help determine whether the executive committed the offense, because some crimes require proof of a particular intent.