GBS205 Second Try

  1. That which must be obeyed and followed by citizens subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
  2. The philosophy or science of law.
  3. Law developed by judges who issued their opinions when deciding cases. The principles announced in these cases become precedent for later judges deciding similar cases.
    Common Law
  4. This refers to law that is almost exclusively code or statute-based, such as the Napoleonic Code in France. Civil law traces its origins to Romanic law and gives little discretion to judges in the interpretation of the law.
    Civil Law
  5. The supreme law of the United States.
    The Constitution of the United States of America
  6. Legislative, Executive and Judicial.
    The three branches of government
  7. A compact made between two or more nations.
  8. Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that must be adhered to by covered parties.
  9. Laws enacted by local government bodies such as cities and municipalities, countries, school districts, and water districts.
  10. An order issued by a member of the executive branch of the government.
    Executive Order
  11. A decision about an individual lawsuit issued by federal and state courts.
    Judicial Decision
  12. A rule of law established in a court decision. Lower courts must follow the precedent established by higher courts.
  13. A set of moral principles or values that governs the conduct of an individual or a group.
  14. Latin "to stand by the decision". Adherence to precedent.
    Stare Decisis
  15. A theory of ethics in which a person looks to an outside source for ethical rules or commands.
    Ethical Fundamentalism
  16. A moral theory that dictates that people must choose the action or follow the rules that provides the greatest good to society.
  17. A moral theory that says that people owe moral duties that are based on universal rules, such as the categorical imperative "Do unto others you would have them do unto you"
    Kantian or Duty of Ethic
  18. A moral theory that holds that individuals must decide what is ethical based on their own feelings as to what is right or wrong.
    Ethical Relativism
  19. A theory of social responsibility that says a corporation must consider the effects its actions have on persons other that its stockholders.
    Stakeholder Interest
  20. 1. Keep the peace
    2. Shape moral standards
    3. Promote social justice
    4. Maintain the status quo
    5. Facilitate orderly change
    6. Facilitate planning
    7. Provide a basis for compromise
    Functions of Law
  21. Constitutions, treaties, statutes, executive orders, ordinances, administrative regulations, and case law.
    Sources of Law
  22. The judge looks at the wording of the law and, based upon the wording and upon precedent, seeks a logical conclusion. If the law does not address a particular issue, the judge stops and does not seek to construct law beyond that point. The downside is that this approach may permit the existence of an injustice if the law does not logically cover a particular wrongdoing. (Schools that would fall under this: The Analytical School, The Law and Economics School.)
    Rational Constructionist
  23. The judge looks at the intent of the law’s authors and seeks to reach a conclusion based upon legislative intent. The downside is it can often be very difficult to determine legislative intent and judges may "cherry-pick" comments of legislators who favor the judge’s biases. (Schools that would fall under this: The Historical School and The Natural Law School.)
    Strict Constructionist
  24. The judge sees the law as a living document that can be altered by the judge in order to modernize its coverage and/or achieve justice. The downside to this is such alterations are the job of the legislature and not unelected judges. (Schools that would fall under this: The Sociological School, The Command School, and The Critical Legal Studies School.)
    Flexible Constructionist
  25. "Do unto others as you would have them do unto you" assumes that you possess self-respect, are not masochistic, and your desired treatment is reasonable.
    Kant's categorical imperative
  26. is nonjudgmental and leaves the question of what is ethical up to the individual
    Ethical Relativism
  27. holds that business has a responsibility to solve social problems it didn’t cause. Under this theory, business interests are sometimes secondary to the solution of social problems.
    Corporate Citizenship theory
  28. involve a review by an independent auditor to ensure that the business is ethical both in its internal and external dealings.
    Corporate Social Audits
  29. holds that a business should obey the law, avoid doing harm to others, and compensate others when such harm is done.
    Moral minimum theory
  30. considers how various stakeholders (i.e., people, groups, or institutions) in a decision will be affected. This theory is a valuable component to ethical decision making and yet it can encounter problems due to conflicting stakeholder interests and multiple stakeholders.
    Stakeholder interest theory
  31. An official notice that the Supreme Court will review a case.
    Writ of Certiorari
  32. A plaintiff’s stake in the outcome of a lawsuit.
    Standing to Sue
  33. Jurisdiction over the parties to a lawsuit.
    In Personam Jurisdiction
  34. Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.
    In Rem Jurisdiction
  35. A statute that extends a state’s jurisdiction to nonresidents who were not served a summons within the state.
    Long-arm Statute
  36. A concept that requires lawsuits to be heard by the court with jurisdiction that is neatest the location in which the incident occurred or where the parties reside.
  37. The process of bringing, maintaining, and defending a lawsuit.
  38. The paperwork that is filed with the court to initiate and respond to a lawsuit.
  39. A statute that established the period during which a plaintiff must bring a lawsuit against a defendant.
    Statute of Limitations
  40. A court order directing a defendant to appear in court and answer a complaint.
  41. The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit.
  42. A defendant’s written response to a plaintiff’s complaint that is filed with the court and served on the plaintiff.
  43. A legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trail.
  44. Oral testimony given by a party or witness prior to trail. The testimony is given under oath and is transcribed.
  45. Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.
  46. A motion that asserts that there are no factual disputes to be decided by the jury; in such a case, the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony.
    Motion for Summary Judgement
  47. A standard of persuasion the plaintiff must meet in order to win their case.
    Burden of proof
  48. A form of ADR in which the parties choose an impartial third party to hear and decide the dispute.
  49. A form of ADR in which the parties choose a neutral third party to act as the mediator of the dispute.
  50. A form of mediation in which the parties choose an interested third party to act as the mediator of the dispute.
  51. The fundamental law of the United States of America. It was ratified by the states in 1788.
    US Constitution
  52. The first ten amendments to the U.S. Constitution.
    Bill of Rights
  53. The U.S. form of government, in which the federal government and the 50 state governments share powers.
  54. A system through which the U.S. Constitution prevents any one of the three branches of the government from becoming too powerful.
    Checks and Balances
  55. Each branch of the federal government has separate powers. The powers are: A) The legislative branch has power to make the law. B) The executive branch has power to enforce the law. C) The judicial branch has power to interpret the law.
    Seperation of Powers
  56. When the states ratified the Constitution, they delegate certain powers to the federal government. These are called enumerated powers.
    Delegated Powers
  57. Those powers not granted to the federal government by the Constitution are reserved to the states.
    Reserved Powers
  58. A clause of the U.S. Constitution that establishes that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land.
    Supremacy Clause
  59. The concept that federal law takes precedence over state or local law.
    Preemtive Doctrine
  60. A clause of the U.S. Constitution that grants Congress the power "to regulate commerce with foreign nations, and amount the several states, and with Indian tribes."
    Commerce Clause
  61. Commerce that moves between states or that effects commerce between states.
    Interstate Commerce
  62. Limited intrusive actions by state and local governments.
    Due Process Clause
  63. Speech used by businesses, such as advertising. It is subject to time, place, and manner restrictions.
    Commercial Speech
  64. Speech that is not protected by the First Amendment and may be forbidden by the government.
    Unprotected Speech
  65. A clause that provides that a state cannot "deny to any person within its jurisdiction the equal protection of the law."
    Equal Protection Clause
  66. A test is applied to classification based on race.
    Strict Scrutiny Test
  67. A test that is applied to classification based on protected classes other then race (e.g. sex or age).
    Intermediate Scrutiny Test
  68. A test that is applied to classification not involving s suspect or protected class.
    Rational Basis Test
  69. A type of due process that required that government statutes, ordinances, regulation, or other laws to clear on their face and not overly broad in scope.
    Substantive Due Process
  70. A type of due process that requires that the government give a person proper notice and hearing of the legal action before that person is deprive of his or her life, liberty, or property.
    Procedural due process
  71. A clause that prohibits states from enacting laws that unduly discriminate in favor of their residents.
    Privileges and Immunities clause
  72. courts that focus solely on the smaller dollar amount cases.
    Small claims court
  73. hear the more serious cases.
    General jurisdiction trial courts
  74. also called intermediate appellate courts because they are between the trial courts and the Supreme Court (i.e., intermediate) and they hear appeals from the trial courts (i.e., they are "appellate").
    Court of Appeals
  75. Parties who have lost at the appellate court level may appeal to this, the highest court in the state.
    State Supreme Court
  76. This is a very strong statement of the law. It means that all of the justices, including those who usually have strongly differing views of the law, have decided in favor of one side.
    Unanimous Decision
  77. The majority wins but how large was the majority? Was it 5-4, as noted above, or a much stronger 8-1 or 7-2?
    Majority decision
  78. A majority agreed on the outcome but not the reasoning. As a result, the law is muddled because the message is unclear and there is not a precedent that can be cited in future cases.
    Plurality Decision
  79. The lower court decision stands and there’s no precedent that can be relied upon by the lower courts.
    Tie decision
  80. will cover cases such as federal crimes, antitrust, bankruptcy, admiralty, patent and copyright, and suits against the United States. Those cases have to go to federal court.
    Exclusive Federal Jurisdiction
  81. This stage is broken into pleadings, discovery, dismissals, and pre-trial judgments, and settlement.
  82. The party who is bringing the lawsuit (i.e., the plaintiff), files a complaint; a document that declares who is being sued, what are the facts, which law was violated, and what the plaintiff wants from the court.
  83. An interested third party is chosen to mediate the dispute. For example, a respected friend to both sides is brought in.
  84. A neutral third party is selected to mediate.
  85. Both sides present their cases to a neutral judge in a condensed version of a trial.
    Mini trial
  86. A fact finder meets with both sides, reports on the findings, and possibly recommends a settlement.
    Fact Finding Conference
  87. A court-appointed referee will render a judgment that can then be appealed.
    Judicial Referee
  88. A third party hears both sides. In some arbitration arrangements, the parties are bound to the arbitrator’s decision. In others, it can be appealed to the court.
  89. government and the states share power. Any powers that are not specifically delegated to the federal government are reserved for the states.
    system of federalism
  90. a limitation on the power of the federal government within the very structure of that government.
    The doctrine of seperation powers
  91. A wrong. There are three categories of torts; (1) intentional torts, (2) unintentional torts (negligence), and (2) strict liability
  92. A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries.
    Intentional tort
  93. (1) The threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary.
  94. Unauthorized and harmful or offensive physical contact with another person. Direct physical contact is not necessary.
  95. The intentional confinement or restraint of another person without authority or justification and without that person’s consent.
    False imprisonment
  96. False statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement or fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third party.
    Defamation of Character
  97. Oral defamation of character.
  98. A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on.
  99. False statements about a competitor’s products, services, property, or business reputation.
    Product disparagement
  100. Intentionally defrauding another person out of money, property, or something else of value.
    Intentional Misrepresentaion
  101. A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for the emotional distress. Also knows as the tort of outrage.
    Intentional infliction of emotional distress
  102. A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.
  103. A point along a chain of events caused by a negligent party after which the party is no longer legally responsible for the consequences of her or her actions. Also called legal cause.
    Proximate Cause
  104. A tort in which the presumption of negligence arises because (1) the defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered injury but for someone’s negligence. The burden switches to the defendant(s) to prove that they were not negligent.
    Res Ipso Loquitor
  105. defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.
    assumption of the risk
  106. A document that says a plaintiff who is partially at fault has his or her own injury cannot recover against the negligent defendant.
    contributory negligence
  107. Liability without fault.
    strict liability
  108. The liability of manufactures, sellers, and others for the injuries caused by defective products.
    product liability
  109. A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective or fault.
    strict liability
  110. All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufactures involved in a transaction.
    chain of distribution
  111. Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
    punitive damages
  112. A defect that occurs when the manufacturer fails to (1) properly assemble a product, (2) properly test a product, or (3) adequately check the quality of a product.
    defect in manufacture
  113. A defect that occurs when a product is improperly designed.
    defect in design
  114. A defect that occurs when a manufactured does not place a warning on the packaging of products that could cause injury in the danger is unknown.
    failure to warn
  115. An alternation or modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability. Also called intervening event.
    Supervening event
  116. A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages. Also called comparative negligence.
    Comparitive fault
  117. A violation of a statute for which the government imposes a punishment.
  118. The most serious type of crime; inherently evil crime. Most crimes against the person and some business-related crimes are felonies.
  119. A less serious crime; not inherently evil but prohibited by society. Many crimes against property are misdemeanors.
  120. A crime that is neither a felony nor a misdemeanor that is usually punishable by a fine.
  121. Guilty act the actual performance of a criminal act.
    actus reus
  122. Evil intent the possession of the requisite state of mind to commit a prohibited act.
    mens rea
  123. A crime that imposes criminal liability without a finding of mens rea (intent).
    non-intent crime
  124. The charge of having committed a crime (usually a felony), based on the judgment of a grand jury.
  125. A hearing during which the accused is brought before a court and is (1) informed of the charges against him or her and (2) asked to enter a plea.
  126. The taking of another’s personal property other than from his or her person or building.
  127. A threat to expose something about another person unless that other person gives money or property. Often referred as blackmail.
  128. The fraudulent making or altering of a written document that affects the legal liability of another person.
  129. The fraudulent conversion of property by a person to whom that property was entrusted.
  130. A crime in which one person gives another person money, property, favors, or anything else of value for a favor in return. Often referred to as a payoff or kickback.
  131. A crime that involves obtaining title to property through deception or trickery. Also knows as false pretenses or deceit.
    criminal fraud
  132. A federal act that provides for both criminal and civil penalties for racketeering.
    Racketeer influence and corrupt organizations act (RICO)
  133. A situation in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime.
    criminal conspiracy
  134. Any search and seizure by the government that violates the Fourth Amendment.
    unreasonable search and seizure
  135. A warrant issued by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents. The search warrant must be based on probable cause.
    search warrant
  136. A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from interdiction at a trail or administrative proceeding against the person searched.
    exclusionary rule
  137. A rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client
    attorney-client prviledge
  138. A clause of the Fifth Amendment that protects persons from being tried twice for the same crime.
    double jeopardy clause
  139. Rights, such as patents, copyrights, trademarks, trade secrets, trade names, and domain names that are very valuable business assets, federal and state laws protect intellectual property rights from misappropriation and infringement.
    intellectual property rights
  140. A product formula, pattern, design, compilation of data, customers list, or other business secret.
    trade secret
  141. Protection for a product, process, machine, or invention. This can include improvements to existing products. It can also include processes and even living material such as a plant. Ideas cannot be patented.
  142. A doctrine that says a patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application.
    public use doctrine
  143. Unauthorized use of another’s patent. A patent holder may recover damages and other remedies against a patent infringer.
    patent infringement
  144. Protection of the exclusive right to reproduce, publish, or sell an original work of expression. Note the word "work." There has to be an actual work. If Mary has an idea about a screenplay, she cannot obtain copyright protection for the idea until it is turned into a screenplay. Computer software can be copyrighted.
  145. A distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business
  146. A doctrine that permits certain limited use of a copy right by someone other than the copyright holder without the permission of the copyright holder
    the fair use doctrine
  147. A unique name that identifies an individual’s or company’s Web site.
    domain name
  148. consists of arrest, indictment, arraignment, and trial. Because of the potential severity of the punishment, each stage has protections for the accused. These are some of the protections
    criminal procedure
  149. Probable cause (substantial likelihood that the person committed or is about to commit a crime) must be shown for the police to obtain an arrest warrant. The police can make warrantless arrests but those are still subject to the probable cause requirement later
  150. This is the formal charge of the crime. It will have to be approved by either a grand jury or a magistrate.
  151. After indictment, the accused is brought to the court for an arraignment proceeding in order to enter a plea of guilty, not guilty, or nolo contendere (no contest). The no contest plea does not admit guilt but accepts the penalty
  152. criminal offenses associated with businesses. Such crimes can have very serious effects but they don’t involve physical harm.
    white collar crimes
  153. the fraudulent conversion of property entrusted to a person. For example, an accountant takes money from her employer for personal use
  154. includes giving money or something of value to a person in a position of trust in exchange for a favor.
  155. obtaining title to property through deceit or trickery.
    criminal fraud
  156. The Fifth Amendment protects a person from being forced "in a criminal case to be a witness against himself."
    protection against self-incrimination
  157. rule developed to prevent the use of illegally seized evidence and thus to encourage the police to follow the Constitutional protections
    exclusionary rule
  158. crimes committed over or related to the Internet
  159. A promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty.
  160. The manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that has assent to that bargain in invited and will conclude it.
  161. A manifestation of assent by the offeree to the terms of an offer in a manner invited or required by the offer, as measured by the objective theory of contracts (Section 50 of the Restatement (Second) of Contracts).
  162. Something of legal value given in exchange for a promise
  163. A contract entered into by way of exchange of promises of the parties; "a promise for a promise".
    bilateral contract
  164. A contract in which the offeror’s offer can be accepted only by the performance of an act by the offeree; a "promise for an act".
    unilateral contract
  165. An agreement that is expressed in written or oral words
    expressed contract
  166. A contract in which agreement between parties has been inferred from their conduct.
    implied-in-fact contracts
  167. An equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed. Also called an implied-in-law contract.
    quasi contract
  168. A rule that states that an acceptance is effective when it is dispatched, even if it is lost in transmission.
    mailbox rule
  169. The law holds that some people lack the ability to knowingly enter a contract. For example, a party who is mentally incompetent, a minor, or drunk would lack the capacity to enter into a contract
  170. An act of a minor after the minor has reached the age of majority by which he or she accepts a contract entered into when he or she was a minor.
  171. A contract that has a negative impact on society or interferes with the public’s safety and welfare.
    contract contrary to public policy
  172. A contract that provides that a seller of a business or an employee will not engage in a similar business or occupation within a specified geographical area for a specified time following the sale of the business or termination of employment.
    covenant not to compete
  173. The requirement that a party’s assent to a contract be genuine. Genuineness of assent is an issue in the areas of mistake, misrepresentation, duress, and undue influence.
    Genuiness of assent
  174. An action to undo a contract.
  175. A mistake made by both parties concerning a material fact that is important to the subject matter of the contract.
    mutual mistake of fact
  176. A mistake that occurs when both parties know the object of the contract but are mistaken as to its value.
    mutual mistake of value
  177. A situation that occurs when one party threatens to do a wrongful act unless the other party enters into a contract.
  178. A situation that occurs when one person takes advantage of another person’s mental, emotional, or physical weakness and unduly persuades that person to enter into a contract; the persuasion by the wrongdoer must overcome the free will of the innocent party.
    undue influence
  179. A state statute that requires certain types of contracts to be in writing.
    statute of frauds
  180. Land itself, as well as buildings, trees, soil, minerals, timber, plants, crops, and other things permanently affixed to the land.
    real property
  181. A rule that says an executor contract that cannot be performed by its own terms within one year of its formation must be in writing.
    one year rule
  182. A statute that says that contracts for the sale of goods costing $500 or more must be in writing.
    UCC statute of frauds
  183. A rule that says if a written contract is a complete and final statement of the parties’ agreement, any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to the terms of the written contract are inadmissible in court regarding a dispute over the contract
    parole evidence rule
  184. The transfer of contractual rights by an obligee to another party.
  185. A remedy intended to compensate a nonbreaching party for the loss of a bargain; these damages place the nonbreaching party in the same position as if the contract had been fully performed by restoring the "benefits of the bargain".
    compensatory damages
  186. Foreseeable damages that arise from circumstances outside a contract. In order to be liable for these damages, the breaching party must know or have reason to know that the breach will cause special damages to the other party.
    consequential damages
  187. An agreement by the parties in advance that sets the amount of damage recoverable in case of breach.
    liquidated damages
  188. A nonbreaching party is under a legal duty to avoid or reduce damages caused by a breach of contract.
    mitigation of damages
  189. Remedies that may be awarded by a judge where there has been a breach of contract and either (1) the legal remedy is not adequate or (2) the judge wants to prevent unjust enrichment.
    Equitable Remedies
  190. The interactions that result in a valid contract are offer, acceptance, consideration, capacity, and legality.
    essential elements of a contract
  191. a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty."
  192. All elements of a contract are present
  193. contract in name only but with no legal effect
  194. At least one of the parties can avoid the contractual obligations
  195. The contract cannot be enforced because there is a legal defense to its enforcement
  196. Contracts for the sale of land
    Contracts that cannot be performed within one year of the contract’s formation
    Guaranty contracts where one party agrees to pay the debt of another
    Contracts for the sale of goods costing $500 or more
    statute of fraud mandates that certain types of contracts be in writing
  197. means an event must occur or not occur in order for the obligation to perform to arise.
    condition precedent
  198. means that if a specific event occurs or does not occur then performance will be automatically excused
    conditition subsequent
  199. Put me back where I was before the breach.")
  200. Compensate me for special foreseeable damages that resulted from the breach
  201. Give me the damages that we agreed upon before the breach.")
  202. Do what was promised in the contract.")
    specific performance equitable remedy
  203. Let the court change the agreement to match the true intentions.
    reformation equitable remedy
  204. Please, Judge. Issue an order to stop the other party from irreparably harming me
    injuction equitable remedy
  205. An article of the UCC that governs the lease of goods.
    uniform commercial code
  206. The passing of title from a seller to a buyer for a price.
  207. Tangible things that are movable at the time of their identification to the contract
  208. A person who (1) deals in the goods of the kind involved in the transaction of (2) by his or her occupation holds himself or herself out as having knowledge or skill peculiar to the goods involved in the transaction.
  209. A transfer of the right to the possession and use of the named goods for a set term in return for certain consideration.
  210. The person who transfers the right of possession and use of goods under a lease.
  211. The person who acquires the right to possession and use of goods under a lease.
  212. A rule that says an open term can be "read into" a contract.
    gap-filling rule
  213. This rule states that a merchant who (1) offers to buy, sell, or lease goods and (2) gives a written and signed assurance on a separate form that the offer will be held open cannot revoke the offer for the time stated or, if no time is stated, for a reasonable time.
    firm offer rule
  214. Legal, tangible evidence of ownership of goods.
  215. A rule that says if the goods or tender of a delivery fail in any respect to conform to the contract, the buyer may opt either (1) to reject the whole shipment, (2) to accept the whole shipment, or (3) to reject part and accept part of the shipment.
    perfect tender rule
  216. A seller’s or buyer’s express or implied assurance to a buyer or lessee that the goods sold or leased meet certain quality standards.
  217. A warranty that applies to food or drink consumed on or off the premises of restaurants, grocery stores, fast-food outlets, and vending machines.
    implied warranty of fitness for human consumption
  218. A warranty that arises when a seller or lessor warrants that goods will meet the buyer’s or lessee’s expressed needs.
    warrant of fitness for a particular purpose
  219. The sale of goods and services by computer over the Internet.
    e commerce
  220. The act of registering Internet domain names of famous companies and people and hold them hostage by demanding ransom payments from the famous company or person.
  221. An electronic "signature" which can be verified by a password, a smart card, or a digital reading of the iris or a fingerprint.
  222. A contract that transfers limited rights in intellectual property and informational rights
  223. A right that a licensor has to make amends under certain conditions after breaching a contract.
    right to cure
  224. a model act setting up rules to protect both sides in computer information transactions
    Uniform Computer Information Transaction Act (UCITA)
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GBS205 Second Try
GBS205 Study Prep