ASSIGNMENT THREE

CHAPTER NINE/INTERNET LAW, SOCIAL MEDIA, AND PRIVACY

A start-up software company finds that there are others who have similar business and domain names. What options do they have for resolving the conflict? The protection of intellectual property relating to computers posed difficulties for courts because the legislators who drafted patent, trademark, and copyright laws did not envision digital technology. Previous laws have also had to be amended, or new laws created, to protect these rights in the online world.

This chapter provides an overview of the principles that guide these amended laws and new legislation, as well as developments in the world of social media and the sphere of privacy. These topics concern all businessesevery employer and employee, chief executive officer and shareholder, customer and supplier, and consumer and critic. Part of doing business is being aware of the changes in these fields.

CHAPTER TEN/CRIMINAL LAW AND CYBER CRIME

Sanctions used to maintain a peaceful and ordered society, in which businesses can compete and flourish, include damages for tortious conduct and breaches of contract. Courts of equity may restrain certain unlawful conduct or require that things done unlawfully or having certain unlawful effects be undone by tailoring other relief to fit the circumstances.

Punitive sanctions have developed for other, particularly undesirable acts. These acts are crimes. A crime is a wrong defined by and perpetrated against society. Just as the sanctions are different from those in the civil law, criminal law prerequisites of fault or guilt are different. Also, unlike torts, courts cannot create new crimes. Only legislative bodies can create or abolish crimes as public knowledge, experience and technology change.

Cyber crime, which is a category that groups crimes according to a particular means of commission, is also discussed in this chapter.

CHAPTER ELEVEN/CONTRACTS: NATURE AND TERMINOLOGY

This chapter introduces the topic of contracts by defining a number of terms, giving an overview of the topic, and looking at the judicial interpretation of contracts. Learning the definitions of offer, acceptance, valid, voidable, and the other terms in this chapter are only a starting point. Memorizing theses definitions will not provide a complete understanding of the concepts.

Contract law shows what promises or commitments our society believes should be legally binding.It shows what excuses our society will accept for the breaking of promises and it shows what kinds of promises will be considered to be against public policy and therefore legally void. The use of contract principles to govern the relationships of those who make promises to one another dates back thousands of years.Early in history the importance of contracts was recognized and given legal effect.Modern capitalist society could not exist without the law of contracts.The foundation for most commercial activity is the contract.We could not order our daily activities without contracts.The chapters in the contracts unit explain how contracts are formed, how they are discharged, and what happens when they are not performed.

Read Chapters Nine, Ten and Eleven and answer the following questions for credit.

CHAPTER Nine

Correct answers to 1-4 are worth 2 points each.

1.ConnectWeb, Inc., an Internet service provider (ISP), supplies information to the Federal Trade Commission concerning possible unfair or deceptive conduct in foreign jurisdictions. For this disclosure, federal law gives ConnectWeb and other ISPs immunity from liability. This is

a.goodwill.

b.fair use.

c.a safe harbor.

d.a license.

2.BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

a.if the appropriating site has nothing to do with the meta tag.

b.if the two sites appear in the same search engine results.

c.if the use is reasonably necessary.

d.under no circumstances.

3.BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is

a.goodwill.

b.fair use.

c.a license.

d.a safe harbor.

4.InfoFree Inc., makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection. Under the Digital Millennium Copyright Act, this is

a.a violation of copyright law.

b.prohibited but not a violation of copyright law.

c.a "fair use" exception to the provisions of the act.

CHAPTER Ten

Fully correct answers to questions 5-9 are worth 4 points each. Correct answers to questions 10-19 are worth 2 points each.

5a Explai the standard of proof necessary for a plaintiff to prove his case in a civil case?

b. Explain the standard of proof necessary for the prosecutor to prove the government's case in a criminal case?

6. Explain the two basic elements that is required for every crime?

7. Discuss the criminal liability of corporate officers and directors.

8. a. Explain the term "white collar crime."

b. List and explain four white collar crimes.

9. List and explain the four important constitutional protections of individuals' rights that apply in the area of criminal law? State the constitutional amendment for each of the four protections listed.

10.Lenny is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

a.forgery.

b.larceny.

c.robbery.

d.obtaining goods by false pretenses.

11.Ozzie receives from Fliada a guitar stolen from Bater's Instruments. To be criminally liable, Ozzie must

a.know that Fergie is the thief.

b.know that Harper is the true owner.

c.know that the guitar is stolen.

d.have paid for the guitar .

12.Kerri, the owner of Appleton Furniture, trusts Miranda to manage the store's daily cash flow. One night, without Kerri's's knowledge or consent, Miranda takes and keeps $1,000 from the receipts. This is most likely

a.embezzlement.

b.larceny.

c.robbery.

d.burglary.

13.Beatrice uses the Internet to defraud Bennett Bank. He is found guilty of wire fraud. He can be punished by

a.imprisonment for not more than one year.

b.imprisonment for up to thirty years and fines of up to $1 million.

c.fines for not more than $50,000.

d.death.

14. Dan points a gun at Ellie, threatening to shoot him if he does not steal from his employer, Dogs and Donuts store, and give the stolen funds to Dan. Charged with theft, Ellie can successfully claim, as a defense

a.nothing.

b.duress.

c.entrapment.

d.self-defense.

15.Sal is accused of a crime. Sal can refuse to provide information about his allegedly criminal activities

a.if he suspects the information will be used to prosecute him.

b.if the police do not promise to keep the information confidential.

c.if the information is "fruit of the poisonous tree."

d.under no circumstances.

16.Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without

a.double jeopardy.

b.probable cause.

c.reasonable doubt.

d.immunity.

17.Landon is arrested at a warehouse in Metro Corporate Park. A government prosecutor issues a formal charge against Landon for receiving stolen property. This charge is an

a.arraignment.

b.indictment.

c.information.

d.interrogation.

18.Albie sells steroids over the Internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is

a.a new category of crime that is not related to older types of crime.

b.a crime that occurs in the virtual community of the Internet.

c.a crime that is less real than the same crime in the physical world.

d.no crime.

19.Pretending to be Platinum Bank, Quinn e-mails Rae, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Quinn promptly sells to Sven. This is

a.hacking.

b.identity theft.

c.cyberterrorism.

d.bribery.

CHAPTER Eleven

Fully correct answers to questions 20-22 are worth 4 points each. Correct answers to questions 23-27 are worth 2 points each.

20. List and explain the four elements of a valid, enforceable contract?

21.-22 a. What is the plain meaning rule?

b. Does it apply to written or oral contracts?

23.Cassandra accepts what she believes was an offer to work for Destination Vacations, Inc., as a chef. In determining whether a contract has been formed, an element of prime importance is

a.the condition of the workplace.

bthe duration of the work.

c.the intent of the parties.

d.the subject of the contract.

24.Pam offers to pay Quality Delivery (QD) $75 if it picks up and delivers to him a package from Reynolds within 10 minutes. QD can accept the offer only by meeting the deadline. If QD performs as directed, these parties will have

a.a bilateral contract.

b.a trilateral contract.

c.a unilateral contract.

d.no contract.

25.Cassie enters a coffee shop in which she has an open account, fills a cup of coffee, holds it so the cashier can see it, acknowledges the cashier's nod, and walks out with the coffee, knowing that she will be billed for it at the end of the month. Cassie has formed

a.an express contract.

b.an implied contract.

c.no contract.

d.a quasi contract.

26. When Hank's car breaks down, he asks Interstate-Tow, Inc., to tow it to Jake's Repair Shop. There is no discussion of a price, and Hank and Interstate-Tow do not sign any documents. Later, Interstate-Tow sends Hank a bill. With respect to Hank's obligation to pay the bill, this is

a.an express contract.

b.an implied contract.

c.no contract.

d.a quasi contract.

ASSIGNMENT THREE

CHAPTER NINE/INTERNET LAW, SOCIAL MEDIA, AND PRIVACY

A start-up software company finds that there are others who have similar business and domain names. What options do they have for resolving the conflict? The protection of intellectual property relating to computers posed difficulties for courts because the legislators who drafted patent, trademark, and copyright laws did not envision digital technology. Previous laws have also had to be amended, or new laws created, to protect these rights in the online world.

This chapter provides an overview of the principles that guide these amended laws and new legislation, as well as developments in the world of social media and the sphere of privacy. These topics concern all businessesevery employer and employee, chief executive officer and shareholder, customer and supplier, and consumer and critic. Part of doing business is being aware of the changes in these fields.

CHAPTER TEN/CRIMINAL LAW AND CYBER CRIME

Sanctions used to maintain a peaceful and ordered society, in which businesses can compete and flourish, include damages for tortious conduct and breaches of contract. Courts of equity may restrain certain unlawful conduct or require that things done unlawfully or having certain unlawful effects be undone by tailoring other relief to fit the circumstances.

Punitive sanctions have developed for other, particularly undesirable acts. These acts are crimes. A crime is a wrong defined by and perpetrated against society. Just as the sanctions are different from those in the civil law, criminal law prerequisites of fault or guilt are different. Also, unlike torts, courts cannot create new crimes. Only legislative bodies can create or abolish crimes as public knowledge, experience and technology change.

Cyber crime, which is a category that groups crimes according to a particular means of commission, is also discussed in this chapter.

CHAPTER ELEVEN/CONTRACTS: NATURE AND TERMINOLOGY

This chapter introduces the topic of contracts by defining a number of terms, giving an overview of the topic, and looking at the judicial interpretation of contracts. Learning the definitions of offer, acceptance, valid, voidable, and the other terms in this chapter are only a starting point. Memorizing theses definitions will not provide a complete understanding of the concepts.

Contract law shows what promises or commitments our society believes should be legally binding.It shows what excuses our society will accept for the breaking of promises and it shows what kinds of promises will be considered to be against public policy and therefore legally void. The use of contract principles to govern the relationships of those who make promises to one another dates back thousands of years.Early in history the importance of contracts was recognized and given legal effect.Modern capitalist society could not exist without the law of contracts.The foundation for most commercial activity is the contract.We could not order our daily activities without contracts.The chapters in the contracts unit explain how contracts are formed, how they are discharged, and what happens when they are not performed.

Read Chapters Nine, Ten and Eleven and answer the following questions for credit.

CHAPTER Nine

Correct answers to 1-4 are worth 2 points each.

1.ConnectWeb, Inc., an Internet service provider (ISP), supplies information to the Federal Trade Commission concerning possible unfair or deceptive conduct in foreign jurisdictions. For this disclosure, federal law gives ConnectWeb and other ISPs immunity from liability. This is

a.goodwill.

b.fair use.

c.a safe harbor.

d.a license.

2.BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

a.if the appropriating site has nothing to do with the meta tag.

b.if the two sites appear in the same search engine results.

c.if the use is reasonably necessary.

d.under no circumstances.

3.BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is

a.goodwill.

b.fair use.

c.a license.

d.a safe harbor.

4.InfoFree Inc., makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection. Under the Digital Millennium Copyright Act, this is

a.a violation of copyright law.

b.prohibited but not a violation of copyright law.

c.a "fair use" exception to the provisions of the act.

CHAPTER Ten

Fully correct answers to questions 5-9 are worth 4 points each. Correct answers to questions 10-19 are worth 2 points each.

5a Explai the standard of proof necessary for a plaintiff to prove his case in a civil case?

b. Explain the standard of proof necessary for the prosecutor to prove the government's case in a criminal case?

6. Explain the two basic elements that is required for every crime?

7. Discuss the criminal liability of corporate officers and directors.

8. a. Explain the term "white collar crime."

b. List and explain four white collar crimes.

9. List and explain the four important constitutional protections of individuals' rights that apply in the area of criminal law? State the constitutional amendment for each of the four protections listed.

10.Lenny is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

a.forgery.

b.larceny.

c.robbery.

d.obtaining goods by false pretenses.

11.Ozzie receives from Fliada a guitar stolen from Bater's Instruments. To be criminally liable, Ozzie must

a.know that Fergie is the thief.

b.know that Harper is the true owner.

c.know that the guitar is stolen.

d.have paid for the guitar .

12.Kerri, the owner of Appleton Furniture, trusts Miranda to manage the store's daily cash flow. One night, without Kerri's's knowledge or consent, Miranda takes and keeps $1,000 from the receipts. This is most likely

a.embezzlement.

b.larceny.

c.robbery.

d.burglary.

13.Beatrice uses the Internet to defraud Bennett Bank. He is found guilty of wire fraud. He can be punished by

a.imprisonment for not more than one year.

b.imprisonment for up to thirty years and fines of up to $1 million.

c.fines for not more than $50,000.

d.death.

14. Dan points a gun at Ellie, threatening to shoot him if he does not steal from his employer, Dogs and Donuts store, and give the stolen funds to Dan. Charged with theft, Ellie can successfully claim, as a defense

a.nothing.

b.duress.

c.entrapment.

d.self-defense.

15.Sal is accused of a crime. Sal can refuse to provide information about his allegedly criminal activities

a.if he suspects the information will be used to prosecute him.

b.if the police do not promise to keep the information confidential.

c.if the information is "fruit of the poisonous tree."

d.under no circumstances.

16.Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without

a.double jeopardy.

b.probable cause.

c.reasonable doubt.

d.immunity.

17.Landon is arrested at a warehouse in Metro Corporate Park. A government prosecutor issues a formal charge against Landon for receiving stolen property. This charge is an

a.arraignment.

b.indictment.

c.information.

d.interrogation.

18.Albie sells steroids over the Internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is

a.a new category of crime that is not related to older types of crime.

b.a crime that occurs in the virtual community of the Internet.

c.a crime that is less real than the same crime in the physical world.

d.no crime.

19.Pretending to be Platinum Bank, Quinn e-mails Rae, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Quinn promptly sells to Sven. This is

a.hacking.

b.identity theft.

c.cyberterrorism.

d.bribery.

CHAPTER Eleven

Fully correct answers to questions 20-22 are worth 4 points each. Correct answers to questions 23-27 are worth 2 points each.

20. List and explain the four elements of a valid, enforceable contract?

21.-22 a. What is the plain meaning rule?

b. Does it apply to written or oral contracts?

23.Cassandra accepts what she believes was an offer to work for Destination Vacations, Inc., as a chef. In determining whether a contract has been formed, an element of prime importance is

a.the condition of the workplace.

bthe duration of the work.

c.the intent of the parties.

d.the subject of the contract.

24.Pam offers to pay Quality Delivery (QD) $75 if it picks up and delivers to him a package from Reynolds within 10 minutes. QD can accept the offer only by meeting the deadline. If QD performs as directed, these parties will have

a.a bilateral contract.

b.a trilateral contract.

c.a unilateral contract.

d.no contract.

25.Cassie enters a coffee shop in which she has an open account, fills a cup of coffee, holds it so the cashier can see it, acknowledges the cashier's nod, and walks out with the coffee, knowing that she will be billed for it at the end of the month. Cassie has formed

a.an express contract.

b.an implied contract.

c.no contract.

d.a quasi contract.

26. When Hank's car breaks down, he asks Interstate-Tow, Inc., to tow it to Jake's Repair Shop. There is no discussion of a price, and Hank and Interstate-Tow do not sign any documents. Later, Interstate-Tow sends Hank a bill. With respect to Hank's obligation to pay the bill, this is

a.an express contract.

b.an implied contract.

c.no contract.

d.a quasi contract.

27.Bob signs a lease agreement for an apartment with Cabbie, who owns and manages the Dell Mountain Apartments complex. These parties have

a.an express contract.

b.an implied contract.

c.a quasi contract.

d.nocontract.