U.S. Legal System and Constitutional Law
Part of Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land.”
What is the supremacy clause?
Something that is published or publicly spoken that causes injury to another’s good name, reputation, or character.
What is defamation?
This type of IP is a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others.
What is a trademark?
This type of contract arises when a promise is given in exchange for a return promise.
What is bilateral?
This federal agency is the main regulator of the sale and transfer of securities in the United States.
What is the SEC?
This type of due process focuses on the content of legislation rather than the fairness of procedures.
What is substantive?
If Professor Collier threatens to attack you for getting a bad grade on the last exam but there has not been any physical contact, he has committed this.
What is assault?
This type of agreement permits the use of a trademark, copyright, patent, or trade secret for certain limited purposes.
What is licensing?
This rule requires a plaintiff to do whatever is reasonable to minimize the damages caused by the defendant.
What is mitigation of damages?
A restraint of trade that is so anticompetitive that it is deemed inherently illegal.
What is a per se violation?
This state statute permits a state to exercise jurisdiction over nonresident defendants.
What is the long arm statute?
For criminal liability to exist, the two elements that must occur simultaneously are the performance of a prohibited act (actus reus) and this.
What is a "wrongful mental state" or intent (mens rea)?
To be patentable, an invention must meet these condtions.
What is novel, useful, and not obvious in light of current technology?
A contract or clause that is void on the basis of public policy because one party was forced to accept terms that are unfairly burdensome and that unfairly benefit the stronger party.
What is unconscionable?
An acquisition by a company at one stage of production of a company at a higher or lower stage of production (such as a company merging with one of its suppliers or retailers).
What is a vertical merger?
The process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors.
What is voir dire?
This prevents evidence that is obtained illegally or without a proper search warrant—and any evidence derived from illegally obtained evidence—from being admissible in court.
What is the exclusionary rule?
This is used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.
What is a collective mark?
An equitable remedy to a contract breach under which a person is restored to his or her original position prior to loss or injury, or placed in the position he or she would have been in had the breach not occurred.
What is restitution?
This type of fraud targets regular citizens by promising unreasonably high rates of return on their investments.
What is a ponzi scheme?
This type of posttrial motions is made on the ground that the jury’s verdict against him or her was unreasonable and erroneous.
What is a motion for judgment n.o.v.?
These three elements are necessary for wrongful interference with a contractual relationship to occur.
What are:
A valid, enforceable contract must exist between two parties?
A third party must know that the contract exists?
The third party must intentionally induce a party to breach the contract?
In 1994 this established, for the first time, standards for the international protection of intellectual property rights, including patents, trademarks, and copyrights for movies, computer programs, books, and music.
What is the TRIPS agreement?
In a sales contact, if before the time for contract performance, one party clearly communicates to the other the intention not to perform, it is a breach by this.
What is anticipatory repudiation?
This legislation was enacted to limit corporate fraud by promoting accountability and requiring executives to take responsibility for the accuracy of financial statements filed with the SEC.
What is the Sarbanes-Oxley Act?