1.
agent's duties to principal: 1) duty of loyalty
2) follow instructions
3) act with reasonable care
4) give accurate information
2.
Copyrights: protects literature, music, drama, choreography, pictures, sculpture, movies, recordings, architecture
-valid 70 years after death of works last living author
-if owned by corporation, 95 years from publication or 120 years from creation
3.
Corporation: separate taxable entity- yes
personal liability for owners- no
ease of formation- difficult
transferable interests- transfer restrictions
perpetual existence- yes
- managers/investors personal property not at risk, expensive to operate
4.
Covenant of good faith and fair dealing: implied obligation that an employer will not deny an employee an opportunity to enjoy benefits attendant to employment
5.
Digital milennium copyright act: illegal to delete copyright info and distribute work via internet, illegal to circumvent scrambling devices
6.
DOL: Department of Labor
-OSHA
-Family and Medical Leave Act
-Fair Labor Standards Act
7.
ECPA: Electronic communication privacy act
- can monitor with consent, if it occures within ordinary course of business, employer provides email system
8.
EEOC: Equal Employment Opportunity Commission
-Title VII
-Age
-Americans with Disabilites
-genetics (GINA)
9.
electronic communications privacy act of 1986: federal law that allows emloyers to monitor workers' telephone calls and email if certain conditions are met
10.
emloyee polygraph protection act of 1988: federal law that prohibits the use of suggestion of lie detector tests in most employement situations
11.
employment at-will doctrine: legal principle that generally authorizes an employer at any time and for any reason to discharge an employee who is not hired for a fixed term
12.
equal pay act of 1963: federal law that requires the same pay for male and female workers who perform the same work
13.
ERISA: federal law that generally requires vesting of employee pension rights after five years of service
14.
estoppel v. ratification: estoppel- no one can claim a person not an agent if he knew others thought that, applies when principal doesn't want benefit of contract but delays in telling 3rd party of mistake
ratification- if accepts benefit of unauthorized transaction its as if he originally authorized it, applies when principal accepts benefits of contract
15.
fair labor standards act: federal law that requires employers to pay most employeees at least a specified minimum wage
16.
Fair use: can use for purposes such as criticism, comment, news, scholarship, research, for parody, (NOT downloads of music files)
17.
family and medical leave act: federal lw that creates the right of certain employees to take up to twelve weeks of unpaid leave in certain situations
18.
fully v. partially v. undisclosed v. unauthorized: fully disclosed- agent not liable for any contracts
partially- 3rd party can recover from agent or principal
undisclosed- same as above
unauthorized- prinicipal not liable, agent is
19.
General Partnership: separate taxable entity- no
personal liability for owners- yes
ease of formation- easy
transferable interests- no
perpetual existence- depends on agreement
-management can be difficult, can be held personally liable for partnership actions/debts
20.
just (good) cause for job termination: an employee's theft, failure to perform dutiesm or serious misconduct
21.
Limited Liability partnership: separate taxable entity- no
personal liability for owners- no
ease of formation- difficult
transferable interests- no
perpetual existence- depends
-partners not personally liable for debts of partnership
22.
Limited partnership: separate taxable entity- no
personal liability for owners- yes- general, no- limited
ease of formation- difficult
transferable interests- yes (if partnership agrees)
perpetual existence- yes
-have general (active management) and limited (money-only) partners, only general personally liable, filed certificate
23.
national labor relations act: federal law that established employee's right to collectively bargain with employers
24.
NLRB: National Labor Relations Board
-union elections, decertification of unions
25.
OSHA: administrative agency that enforces federal alws relating to health and safety in the workplace
26.
Partnership duties: - Duty of Care
-Duty of Loyalty
-Duty of Good Faith and fair Dealing
27.
Patent: grant that permits inventor exclusive rights for 20 years (14 years for design)
28.
principal's duties to agent: 1) reimburse
2) torts committed by agent
3) contracts entered into by agent
4) duty to cooperate
29.
Provisional patent: shorter, cheaper, use to determine if commercially practical, lasts one year
30.
public policy rule: doctrine the forbids discharging an employee for a reason that violates a fundemental public value or interest
31.
registration of trademark: can use (R) symbol, makes valid nationally, notifies public, increases damage awards available, generally gives first right to use trademark as internet domain name
32.
requirements for patent: Novel- not known/used/published, nonobvious, useful
33.
S Corporation: separate taxable entity- no
personal liability for owners- no
ease of formation- difficult
transferable interests- transfer restrictions
perpetual existence- yes
-only 100 shareholders, one class, must agree to S status
-best of all worlds (limited liability and not taxable)
34.
social security: federal program that pay benefits to workers who are retired, disabled or temporarily unemployed
35.
Sole proprietorship: separate taxable entity- no
personal liability for owners- yes
ease of formation- very easy
transferable interests- no, can only sell entire business
perpetual existence- no
-earnings go on owners personal tax returns
36.
termination of agency: 1) completion of term
2) completion of purpose
3) mutual agreement
4) if "at will" then either can terminate at any time
5) wrongful termination, may have to pay damages
37.
Termination of partnership: -Dissolution ( decision to end)
-Winding up (all debts paid and remaining proceeds distributed
- termination (the end)
38.
things needed to form agency: 1) a principal and an agent
2) mutual consent
3) Principal has control
4) subject to principal's control (fiduciary relationship)
(don't need written, formal, or $$$)
39.
Titel VII: federal law that generally forbids employment discrimination based on race, religion, national origin, color or gender
40.
trade secrets: formula, device, process, method or compilation of infor that used in business, gives owner an advantage over competitors who do not know it
1) generally not known/ascertainable, 2) has economic value
41.
Trademarks: any combo of words/symbols businesses use to distinguish products/services
42.
TVPA: Human trafficking
43.
types of patents: Utitility- basic type
Design- appearance, not function
Plant- special for plant hybrids
44.
types of trademarks: trademarks- affixed to goods sold in interstate commerce
service marks- identify services, not goods
certification marks- used by organization to attest that products meet certain standards
collective marks- identify members of organization
45.
when considered a servant?: more control -> more likely to be considered a servant
-do they control detail? provide supplies/tools? work full time? paid by time not job?
46.
Worker's compensation law: state law that provides benefirts for work-related injuries and certain occupational illnesses
47.
Wrongful discharge: doctrine the prohibits discharging an employee for a reason that is unlawful
