WorksheetsBADM Exam 2
Total questions: 36
Worksheet time: 19mins
________: Federal law overrides state law
Federalism
Separation of Power
Checks and Balances
______: Each branch has its own powers assigned to them
Federalism
Separation of power
Checks and Balances
______: Keeps one from becoming too powerful
Federalism
Separation of Power
Checks and Balances
Speech the gov can’t prohibit (includes symbols)
Fully Protected
Limited Protected
Unprotected
Criticizing the gov, political speech
Fully Protected
Limited Protected
Unprotected
Can limit it by time, place, manner restriction
Fully Protected
Limited Protected
Unprotected
Offensive and commercial speech
Fully Protected
Limited Protected
Unprotected
Speech that isn't protected
Fully Protected
Limited Protected
Unprotected
Dangerous speech, Revolutionary, Defamation
Fully Protected
Limited Protected
Unprotected
Prohibits gov from establishing a state religion or promoting one over the other
Establishment Clause
Free Exercise Clause
Due Process Clause
Prohibits gov from interfering with the free exercise of religion
Establishment Clause
Free Exercise Clause
Due Process Clause
Probits gov from depriving people of life, liberty, and property without due process
Establishment Clause
Free Exercise Clause
Due Process Clause
The threat of immediate harm
Assult
Battery
False Imprisonment
Defamation
Unauthorized and harmful offensive direct or indirect contact that causes harm
Assult
Battery
False Imprisonment
Defamation
Intentional confinement or restraint of another person w/o authority or justification w/o consent
Assult
Battery
False Imprisonment
Defamation
A false statement by one person. In court, one must prove that statement was false and intentionally/accidentally published
Assult
Battery
False Imprisonment
Defamation
Allows merchants to stop, detain, and investigate suspected shoplifters w/o being falsely imprisoned as long as there are reasonable grounds for suspicion and reasonable time
Shopkeepers Privilege
False Imprisonment
Merchandiser Imprisonment
1st Element of Negligence
Duty of Care
Breach of Duty of Care
Injury
Causation
2nd Element of Negligence
Duty of Care
Breach of Duty of Care
Injury
Causation
3rd Element of Negligence
Duty of Care
Breach of Duty of Care
Injury
Causation
4th Element of Negligence
Duty of Care
Breach of Duty of Care
Injury
Causation
The obligation not to hurt each other
Duty of Care
Breach of Duty of Care
Injury
Causation
Not acting like a reasonable person
Duty of Care
Breach of Duty of Care
Injury
Causation
Personal injury to a person or property
Duty of Care
Breach of Duty of Care
Injury
Causation
The action caused injury
Actual Cause
Proximate Cause
Action caused a foreseeable outcome
Actual Cause
Proximate Cause
Liability without fault and everyone in the chain of distribution are liable
Liability
Negligence
Strict Liability
Most strict, clean hands doctrine, you have to have zero fault
Contributory Negligence
Comparative Negligence
Compare fault of parties, 20% one part 80% other, punitory damages
Contributory Negligence
Comparative Negligence
A formula, design, customer list, or other secret sets a business apart from competitors
Trade Secret
Patent
Copyright
Trademark
Grant by the federal gov upon inventors for inventors for the exclusive right to use sell, or license for a limited time
Trade Secret
Patent
Copyright
Trademark
Tangible writing that can be physically seen
Trade Secret
Patent
Copyright
Trademark
Any name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider
Trade Secret
Patent
Copyright
Trademark
Which do you have to file for?
Trade Secret
Patent
Copyright
Trademark
Which are requirments for patents?
Novel-New
Useful
Non-obvious
Complicated
Been in the market less than a year to get a patent
One year rule
Six months rule
Novel-New requirment
First come first serve
