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LEB 323 Exam II 2024-Questions with 100% Correct Answers| Verified
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LEB 323 Exam II 2024-Questions with 100% Correct Answers| Verified
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LEB 323 Exam II 2024-Questions with 100%Correct Answers| Verified
Factors for whether a Duty of Care Exists:
1) Foreseeability of harm to the plaintiff
2) Degree of certainty that the plaintiff suffered injury
3) Closeness of the connection between the defendant's conduct and the injury suffered
4) Moral blame attached to Defendant's conduct
5) Extent of burden on Defendant and consequences to the community of imposing a
duty
6) Availability, cost and prevalence of insurance
Libel (defamation) - ✔✔A written false statement that damages one's reputation, or
an oral statement that is recorded
Slander (defamation) - ✔✔An oral statement that damages one's reputation
Elements of Defamation - ✔✔Plaintiff must prove:
1) D made the statement about P as if fact
2) Statement was defamatory (damaging to reputation)
3) Statement was false (traditionally presumed)
4) Statement was communicated (or published) to at least one other person
5) P's reputation was harmed (traditionally presumed
Defenses Against Defamation - ✔✔Qualified Privilege - Media reports in good faith
about public officials, public figures, and newsworthy events
,This means the Plaintiff must prove "malice" or that D knew the statement was false, or
acted with reckless disregard as to whether it was true or false
If you're telling the truth - that is a defense as well
Statute of Limitations (defense against defamation) - ✔✔Can't be charged for a crime
committed a specified number of years ago, can be used as a defense. For defamation
cases it's one year.
Types of damages for defamation - ✔✔Actual (compensatory) - reimburse Plaintiff
for actual losses
Punitive (aka Exemplary) - punish and deter others
(ch. 9 Start) Trade Secrets - ✔✔Any formula, pattern, device or compilation of
information which is used in one's business, and which gives an opportunity to obtain an
advantage over competitors who do not know or use it
Ex) Customer information, manufacturing processes, chemical formulas, and marketing
strategies
States have their own common law doctrines that may vary, but 45 states have adopted
the Uniform Trade Secret Act
Advantages of Trade Secrets - ✔✔1) Broader scope of knowledge and information
potentially protected
2) Does not require disclosure
3) Exclusive rights not limited in time
,Misappropriation - ✔✔The unauthorized use of another's trade secret or intellectual
property
Elements:
1) is it actually a secret?
2) Was there reasonable protection measures used?
3) Was it an improper disclosure or acquisition?
Remedies:
Damages - actual and punitive
Royalties
Injunction (a judicial order that restrains someone from using the IP anymore)
Is it a trade secret? - ✔✔1) Not known outside the company
2) hard to develop or acquire independently
3) Valuable to the company
4) Resources spent on creating it
5) It was protected (passwords, locks, fences, or limited access)
Not Misappropriation if - ✔✔1) It was independently developed
2) The information was found on the product
3) Reverse engineering
Non-Disclosure Agreements (NDAs) - ✔✔Made before a deal
Employees generally have an implied obligation of confidentiality
, Be careful when you're the employer of someone with trade secrets learned from
another source because of the Inevitable Disclosure Doctrine
Noncompetition Agreements - ✔✔Laws vary by state and are typically of an NDA,
and most states require a narrow scope
Copyrights - ✔✔Fixed, original expression
Ideas cannot be protected
There are common law rights, but registration is much better
Term of Copyright - ✔✔Life of author + 70 years
Work for Hire: 95 years from publication or 120 years from creation
Is the work in the public domain?
Copyrights give exclusive rights to: - ✔✔1) make copies (reproduction right)
2) Create "derivative works"
3) Publicly distribute copies (except "first sale doctrine" where the lawful possessor can
resell or give away)
4) Publicly display the work
5) Publicly perform the work
6) Sound recordings: Publicly perform the work by digital audio transmission (not radio
broadcast)
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