Trade secrets are the area of intellectual property law that is least impacted by state statutory or common law.
Unlike patents, copyrights, and trademarks, which are governed by federal statutes, trade secret law is primarily based on common law principles that vary from state to state. While there are some federal laws that protect trade secrets, such as the Economic Espionage Act of 1996, the majority of trade secret law is governed by state law. This is because trade secret law is based on the legal principle of confidentiality, which is enforced through contracts and state tort law. As a result, trade secret law varies significantly depending on the jurisdiction in which it is applied.
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What was the difference between the murders of Andrew Goodman/Michael Schwerner and Emmet Till?
Answer:
Andrew Goodman and Michael Schwerner (along with James Chaney) were activist who were killed by the Ku Klux Klan after talking with members of a black church that had been burned down. Emmet Till was an African American male who was killed by Mose Wright and his half-brother J.W. Milam because he had allegedly been flirting with his wife.
Explanation:
A FELONY crime is generally considered to be: A. A Misdemeanor.B. A Major Crime.C. An InfractionD. A Mistake.
Answer:
B - Major Crime
Explanation:
Misdemeanors are minor crimes. For example, a misdemeanor is stealing something with a value of less than 1000$. An infraction is a general breaking of rules or laws. A mistake is defined as an action or judgment that is wrong.
John Lewis is a 28-year-old married man with one child who was laid off from his job as a coal miner. He was recently arrested for possession of drugs in rural West Virginia. His attorney made it known during the court process that Mr. Lewis’s arrest, for having prescription pain drugs without a valid prescription, stemmed from an injury he sustained years ago on the job.
While on probation, Mr. Lewis confides to his probation officer that he has illegally purchased more pain medication from a neighbor. The probation officer reports this to police. If taken to trial, the actions of the probation officer will be upheld because of the findings in the case of ______.
a. Burger v. Wisconsin
b. Minnesota v. Murphy
c. Upshaw v. Zabriskie
d. Sancomb v. Crutchfield
e. Griffin v. Wisconsin
the supreme court has ruled that it is unconstitutional to execute someone who committed his/her crime when he/she was under 18 years old
Answer:
In a 2005 decision called Roper v. Simmons, the Supreme Court of the United States ruled that the execution of people who were under 18 at the time of their crimes violates the federal constitutional guarantee against cruel and unusual punishments.
Explanation:
Which of the following is a major predictor of future incarceration?
Childhood trauma
Personal deficiency
Motivation
None of the above
Answer:
It's C, Motivation
The ONLY type of mistake that can be used as a defense is a mistake of , A) law ,B) fact C)police procedure D) identity
Answer:
fact
Explanation:
I've learned this before and I know its fact
Answer:
The Criminal Defense of Mistake
In many situations, a criminal defendant may wish to argue that he or she never intended to commit a crime and that the criminal act that occurred was a result of a mistake of facts regarding the circumstances of the crime or a misunderstanding concerning the law at the time. Such mistakes of fact can be applied to a variety of criminal activities, but mistakes of law are only rarely allowed as full defenses to criminal conduct.
Mistakes of Fact
Mistakes of fact arise when a criminal defendant misunderstood some fact that negates an element of the crime. For instance, if an individual is charged with larceny but believed that the property he took was rightfully his, this misunderstanding negates any intent to deprive another of the property. One important qualification, however, is that this mistake of fact must be honest and reasonable. Thus, a defendant cannot later claim that he or she was mistaken when he or she actually knew the situation. Likewise, the mistake must be one that would appear reasonable to a judge or jury. If the same individual was repeatedly told that the property was not his, and he could not take it, it would no longer be reasonable for him to mistakenly have believed that he could rightfully take the property.
Mistake of Law
Mistake of law is a defense that the criminal defendant misunderstood or was ignorant of the law as it existed at the time. The onus is generally placed on individuals to be aware of the laws of their state or community, and thus this defense only applies in very limited circumstances. For example, while a defendant will not be able to claim that he was not aware that murder was a crime, he may be able to argue that he was not aware of some obscure traffic law.
Specifically, mistake of law can be used as a defense in four limited circumstances:
When the law has not been published;
When the defendant relied upon a law or statute that was later overturned or deemed unconstitutional;
When the defendant relied upon a judicial decision that was later overruled; or
When the defendant relied upon an interpretation by an applicable official.
Additionally, the defendant’s reliance on any of these sources must have been reasonable, much like mistake of fact. Thus, a defendant cannot claim that he was relying on a case from 200 years ago when it is apparent that there have been subsequent developments in the law.
It is also important to note that, while reliance on an interpretation of an official may include judges or federal or state agencies, it does not include reliance on the statements of a private attorney. It is therefore important to ensure that any attorney from whom you obtain advice is knowledgeable and trustworthy.
Mistake and Strict Liability
Mistake is not a defense to a strict liability offense. For example, Raquel lives in a jurisdiction in which the sale of alcohol to minors is a strict liability offense. She does her best to check identification whenever selling alcohol at her store. Doug, age 17, presents Raquel with a convincing fake I.D. and otherwise appears to be over 21. If Raquel sells Doug alcohol, she could be guilty of selling alcohol to a minor, even though she reasonably and honestly believed that Doug was old enough to purchase it.
Which factor is a reason for persistent delinquent behavior according to life course theory?
A stable marriage
A permanent residence
Unemployment
Good upbringing
When selecting ammunition you must choose the correct cartridge or shotshell for your firearm. What else should you consider?
5. What happens if a contract is made that requires one of the parties to carry out activities
that are not legal? (1 point)
Illicit cocaine comes to the US primarily from...
a. South America
b. North America
c. Europe
d. Australia
Illicit cocaine primarily comes to the United States from South America. The correct option is a.
Specifically, the majority of the cocaine that enters the US is produced in the Andean region of South America, which includes countries such as Colombia, Peru, and Bolivia.
Cocaine is typically smuggled into the US via various routes, including by land through Mexico or by sea through the Caribbean or Pacific.
Colombia has historically been the largest producer of cocaine in the world, and a significant amount of the cocaine that enters the US is produced there.
The Colombian drug cartels have long been involved in the production, trafficking, and distribution of cocaine, and have established sophisticated networks to transport the drug across borders.
In recent years, there has been a surge in cocaine production in Peru and Bolivia, leading to increased smuggling of cocaine from those countries into the US as well.
In addition to South America, cocaine can also be produced in other regions such as Central America and Mexico, but these countries primarily serve as transit points for cocaine en route to the US.
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Requirements for police officers vary from state to state, but some basic requirements are:
o u.s. citizenship and valid state driver's license
olive within city limits
excellent health and reach the age of 20
o an associate's degree and u.s. citizenship
Answer:
Explanation:
state to state, but some basic requirements are:
o u.s. citizenship and valid state driver's license
olive within city limits
excellent health and reach the age of 20
o an associate's degree and u.s. citizenship
True or false? the professor uses the phrases the law of ideas and intellectual property law interchangeably.
Answer:
True or false? the professor uses the phrases the law of ideas and intellectual property law interchangeably.
false
Why might preparing taxes be different for people living in different states? everfi.
Because the government wants states to make their own rules about which items are taxable.
what common practice was professor oberer critical in his 1961 university of texas law review article?
John Dickinson, a delegate from Delaware, was once the predominant writer. The Dickinson Draft of the Articles of Confederation named the confederation "the United States of America."
After large debate and revision, the Second Continental Congress adopted the Articles of Confederation on November 15, 1777.
What did the Articles of Confederation now not give?Under the Articles of Confederation, Congress lacked the authority to regulate commerce, making it unable to defend or standardize trade between overseas international locations and the various states.
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In his 1961 University of Texas Law Review article, Professor Oberer was highly critical of the common practice of judicial review. Judicial review is the power of a court to review and invalidate laws if they are deemed to be unconstitutional.
According to Professor Oberer, this practice was not consistent with the original intent of the founders of the United States and the text of the Constitution. He argued that the Constitution itself does not give the judiciary this power, and that it should not be used to override the will of the people and their representatives in Congress.
He suggested that the power of judicial review should be used sparingly and only when a law is found to be in direct violation of the Constitution.
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in what ways does the bill of rights, paired with the fourteenth amendment, limit the rights of the states vs. the federal government, and in what ways does it protect individual americans? equal protection of the laws means every place/state/citizens that the law applies to will follow the same law. the place/state/citizens cannot change or break the law.
Answer:
The Bill of Rights, consisting of the first ten amendments to the United States Constitution, in conjunction with the Fourteenth Amendment, establishes a framework for protecting individual rights and limiting the powers of both the federal government and the states. While the Bill of Rights primarily focuses on safeguarding individual liberties, the Fourteenth Amendment ensures that these rights are applied equally to all citizens.
Limiting the Powers of the Federal Government:
First Amendment: The First Amendment protects freedom of speech, religion, press, assembly, and petition. It prohibits the federal government from interfering with these fundamental rights and ensures that individuals have the freedom to express themselves without censorship or persecution.
Second Amendment: The Second Amendment guarantees the right to bear arms. It restricts the federal government from infringing on an individual's right to own firearms, ensuring the right to self-defense.
Fourth Amendment: The Fourth Amendment protects against unreasonable searches and seizures. It places limitations on the federal government's ability to conduct searches without probable cause or obtaining a warrant, thereby safeguarding individuals' privacy rights.
Fifth Amendment: The Fifth Amendment includes protections such as the right to due process, protection against self-incrimination, and safeguards against double jeopardy. It ensures that the federal government respects an individual's rights to fair treatment and prevents coercion in legal proceedings.
Limiting the Powers of the States:
Fourteenth Amendment: The Fourteenth Amendment, ratified after the Civil War, extends the protections of the Bill of Rights to the states. It includes the Equal Protection Clause, which requires states to provide equal treatment under the law to all individuals within their jurisdiction. This provision restricts state governments from implementing discriminatory laws or policies that infringe upon an individual's rights.
Protecting Individual Americans:
First Amendment: The First Amendment protects the freedom of religion, speech, and assembly for individuals across the United States. It ensures that citizens have the right to express their beliefs, worship freely, engage in political activism, and criticize the government without fear of retribution.
Fourth Amendment: The Fourth Amendment safeguards individuals from unwarranted searches and seizures by both the federal government and state authorities. It protects citizens' privacy and ensures that law enforcement must have probable cause or a valid warrant before conducting searches or seizing property.
Fifth Amendment: The Fifth Amendment guarantees due process rights, ensuring that individuals are treated fairly and have the right to a fair trial. It also protects against self-incrimination and ensures that individuals cannot be tried for the same offense multiple times.
Fourteenth Amendment: The Fourteenth Amendment's Equal Protection Clause ensures that all individuals receive equal treatment under the law, regardless of their race, ethnicity, gender, or other protected characteristics. It prohibits discrimination andand promotes equal rights for all citizens.
In summary, the Bill of Rights, in combination with the Fourteenth Amendment, establishes a framework that both limits the powers of the federal government and protects individual Americans. It safeguards fundamental rights and ensures that the government, at both federal and state levels, respects the equal protection of the law and upholds individual liberties
Black American men were granted suffrage before American women.
True
False
Answer:false
Explanation:
Black men were given voting rights in 1870, while black women were effectively banned until the passage of the Voting Rights Act of 1965.
Answer:
false
Explanation:
This provides a secure point of attachment for lifelines, lanyards, or deceleration devices. What is depicted
texas ranks ______ the national average in voter turnout of the voting-age population
According to data from the United States Elections Project, Texas ranks below the national average in voter turnout of the voting-age population.
In the 2020 Presidential election, Texas had a voter turnout rate of 66.2%, while the national average was 66.4%. In the 2018 midterm elections, Texas had a voter turnout rate of 46.3%, while the national average was 50.3%. It is important to note that voter turnout can vary depending on factors such as demographics, election type, and voter accessibility. However, Texas has consistently been below the national average in recent years. Efforts to increase voter turnout in Texas include expanding early voting, implementing online voter registration, and increasing access to voting locations.
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when a supreme court ruling is made, justices may write a (n) ________ to show they disagree.
When a Supreme Court ruling is made, justices may write a (n) dissenting opinion to show they disagree.
Justices may write a dissenting opinion in response to a Supreme Court decision to voice their disagreement with the majority view. A written statement from one or more justices who disapprove of the majority opinion's logic, interpretation or conclusion is known as a dissenting opinion. It presents arguments and analysis in favor of the dissenting justices position and offers a different viewpoint on the legal issues raised by the case.
The expression of a different legal interpretation, pointing out potential holes in the majority's logic, and offering future direction for legal arguments are all significant functions of dissenting opinions. They help the judicial system's ongoing discussion and development of legal principles.
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Suggest practical strategies that non-governmental organizations can use to combat gender based violence find two organizations which contribute to the fight against gbv
Non-governmental organizations combat gender-based violence through strategies such as raising awareness, providing support services, and advocating for policy changes, with examples including UN Women and RAINN.
NGOs play a crucial role in addressing gender-based violence by implementing practical strategies. One effective strategy is raising awareness through educational campaigns, workshops, and community engagement programs. By promoting understanding of GBV, NGOs can challenge societal norms and attitudes that perpetuate violence.
Additionally, NGOs can provide vital support services such as shelters, counseling, and legal aid for survivors of GBV, ensuring they have access to the help they need. Another key strategy is advocating for policy changes that protect victims, prevent violence, and hold perpetrators accountable. NGOs can work with governments, institutions, and communities to develop and implement comprehensive policies and legislation against GBV.
One organization actively combating GBV is UN Women, a United Nations entity dedicated to gender equality and women's empowerment. They work globally to address violence against women and girls through programs that focus on prevention, response, and advocacy. Another organization is RAINN , a leading anti-sexual violence organization in the United States.
RAINN provides a hotline, resources, and support to survivors, while also advocating for policy changes and raising public awareness about sexual violence. Hence, through strategies like awareness-raising, support services, and policy advocacy, NGOs like UN Women and RAINN contribute significantly to the fight against gender-based violence.
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Marco is charged with kidnapping a young girl and carrying her across state lines. Marco is convicted of kidnapping and he wants to appeal.
Answer: Um sorry for wasting your answeres but whats the question.
Explanation:
When can a private prosecutor prosecute a case even in the absence of a public prosecutor?
Answer:
yes
Explanation:
Once authorized to prosecute the offence, a private prosecutor must continue to prosecute the case until the end of the trial, even if the authority has been revoked or otherwise withdrawn. Anyone may conduct the prosecution, either personally or through a pleader.
For a trial waiting in a Magistrate Court, the victim/complainant or his lawyer may conduct prosecution if the Magistrate Court allows it. If such permission is provided, the prosecution is going to be conducted entirely by the victim and his lawyer. This can occur even in cases instituted in the basis of a charge sheet filed by police; however, the limitation is that the case must be triable by a Magistrate (rather than a Sessions Court) and the Magistrate must permit it.
Thus, once authorized to prosecute the offence, a private prosecutor must continue to prosecute the case until the end of the trial, even if the authority has been revoked or otherwise withdrawn.
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How does electricity get to our house?
Answer:The electrical charge goes through high-voltage transmission lines that stretch across the country. It reaches a substation, where the voltage is lowered so it can be sent on smaller power lines. ... The electricity travels through wires inside the walls to the outlets and switches all over your house.
Explanation:
Susan Seller was represented by Alice Agent. Betty Broker was taking her client Brian Buyer to see Susan Seller's home. Betty Broker called Central Showing Systems (CSS) to make an appointment to show Susan Seller's home. When they arrived, Susan Seller was still at home and greeted them at the door without her agent. In this situation, what must Betty Broker do about the Information About Brokerage Services (IABS) form?
In this situation, Betty Broker must provide Brian Buyer with the Information About Brokerage Services (IABS) form as required by Texas law. The form must be given to Brian Buyer before or at the time of the first substantive communication with Brian Buyer. Since Betty Broker is showing Susan Seller's home to Brian Buyer, this would be considered the first substantive communication.
Even though Susan Seller was at home and greeted them at the door without her agent, Betty Broker is still required to provide Brian Buyer with the IABS form. This is because Betty Broker is acting as a representative of the broker and is required to provide the IABS form to any person who is being represented by the broker. Therefore, it is important for Betty Broker to have a copy of the IABS form with her during the showing of the home.
In this situation, Betty Broker must ensure that the Information About Brokerage Services (IABS) form is provided to both her client, Brian Buyer, and Susan Seller. As Susan Seller's agent, Alice Agent, is not present, it becomes Betty Broker's responsibility to inform Susan Seller about the brokerage services and representation.
Step 1: Betty Broker should first provide the IABS form to her own client, Brian Buyer, if she hasn't done so already. This form explains the different types of representation and brokerage services available.
Step 2: Betty Broker should then provide the IABS form to Susan Seller, even though Susan is represented by Alice Agent. This is because Alice Agent is not present, and it is important for Susan Seller to be aware of the brokerage services and representation involved in this transaction.
Step 3: Betty Broker should explain the contents of the IABS form to both parties, ensuring they understand the different types of representation and the roles of each party in the transaction.
By following these steps, Betty Broker fulfills her obligation to provide the Information About Brokerage Services form and ensures that both her client and Susan Seller are well-informed about the brokerage services and representation involved in this home shows.
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jerry is injured in a car accident caused by tom's negligence. jerry's back is injured and it will take several surgeries to repair his back and a long rehab process. possible damages jerry can claim are
Jerry can claim various damages as a result of the car accident caused by Tom's negligence, including:
Medical expenses: Jerry can claim the costs of medical treatment, surgeries, and rehabilitation required to recover from his back injuries.Lost income: If Jerry was unable to work due to his injuries, he can claim the income he lost during the recovery period.Pain and suffering: Jerry can claim compensation for the physical pain and emotional suffering he endured as a result of the accident and injuries.Property damage: If Jerry's vehicle was damaged in the accident, he can claim the cost of repairs or the value of the vehicle if it was a total loss.Loss of consortium: If Jerry's injuries affected his relationship with his spouse or family members, they may be able to claim damages for the loss of companionship or other damages related to the impact on their relationship.It's important to note that the specific damages Jerry can claim may vary depending on the circumstances of the accident and the laws of the jurisdiction in which the accident occurred.
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The claim (in law) that a current case is sufficiently similar to a previous case that it should be settled in the same way
The claim you are referring to is known as the legal concept of "precedent" or "stare decisis."
What is the precedent claim?Precedent is the principle that courts should follow the rulings of prior cases that are similar in legal issues and facts. It means that a court should apply the same legal principles and outcomes to similar cases in order to maintain consistency and predictability in the legal system.
When a party argues that a current case is sufficiently similar to a previous case and should be settled in the same way, they are relying on the principle of precedent.
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Discuss the issues law enforcement face in understanding cybercrime
Answer and Explanation:
One of the biggest problems facing law enforcement in cybercrime is data collection. This is because encryption, technological advances in software and the amount of different data, hinder the search for cyber criminals and often make this search impossible. Furthermore, as the internet is an editable medium, criminal data can be quickly erased and never found.
The interfaces and websites of private institutions are also a big challenge, as they can impede police access to their platforms, preventing law enforcement from being carried out.
Last but not least, cyber attacks can be extremely comprehensive and carried out simultaneously in many different locations and even in different countries and continents. This makes it difficult for the origin of the attack to be identified and hinders enforcement and laws, as countries have different laws to deal with this.
James is a police officer on patrol when he witnesses a man snatch a woman’s purse from her and run away. In one paragraph describe what should be considered.
Answer:
The direction the suspect ran, visual descriptions of suspect , and if he said anything to the women
The suspect's running direction, any visual descriptions of him, and whether or not he made any comments to the women.
What is visual descriptions?Information on the visual appearance of places, things, people, and more is provided via visual descriptions. The phrase "visual description" can refer to both image and audio descriptions as well as real-time descriptions of the visual environment of a place, person, or space.
An image description gives someone with a print disability, such as the blind or visually impaired, the same or equal information that a sighted reader would obtain when they look at a picture. Alt-text and Long Description are two formats in which image descriptions can be inserted in digital content.
Thus, The suspect's running direction, any visual descriptions of him.
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Basing government decisions on known legal principles is known as which of the following? Democracy Republicanism Rule of law Separation of power
Answer:
Rule of Law
Hope this helps, even though it’s been 3 days
Arthur Fairchild is accused of breaking into a top secret military installation and tampering with the records. Fairchild claims that at the time of the break-in he was with some friends smoking marijuana. Because that is against the law, his friends do not want to testify on his behalf. Will they have to?
Answer:
yes
Explanation:
it is still against the law to smoke marijuana so they will have to testify anyway