Legal Concepts in Agency, Employment, and Intellectual Property Law

These flashcards cover key legal concepts related to agency law, employment law, discrimination, intellectual property, property law, and product liability.

Agency Relationship

A legal relationship where one party (the agent) acts on behalf of another party (the principal).

Ratification

The acceptance of a contract or act by a party who was not initially authorized to approve it.

Respondeat Superior

A legal doctrine holding employers liable for the actions of employees performed in the course of their employment.

Whistleblower Protection Laws

Laws designed to protect employees who report illegal or unethical practices.

Family and Medical Leave Act (FMLA)

A federal law allowing eligible employees to take unpaid leave for certain family and medical reasons.

Fair Labor Standards Act (FLSA)

A U.S. law that establishes minimum wage, overtime pay eligibility, recordkeeping, and youth employment.

At-Will Employment

An employment arrangement where either party may terminate the relationship at any time for any legal reason.

Age Discrimination in Employment Act (ADEA)

A federal law that prohibits employment discrimination against individuals 40 years of age or older.

Disparate Treatment

A theory of discrimination that occurs when an individual is treated differently than others based on a protected characteristic.

Disparate Impact Discrimination

A legal theory that looks at the effects of employment practices that may unintentionally discriminate against a group.

Trademark Infringement

The unauthorized use of a trademark or service mark on competing or related goods and services.

Trademark Dilution

A legal claim that arises when a famous trademark is used without permission in a way that diminishes its uniqueness.

Copyright Infringement

The unauthorized use of protected copyrighted material.

Trademark

A distinctive sign, design, or expression that identifies goods or services from a specific source.

Novelty Requirement

A principle in patent law that requires an invention to be new and not previously disclosed.

Right of Publicity

An individual's right to control the commercial use of their name, image, and likeness.

Purchase

Acquisition method where ownership is transferred in exchange for payment.

Production

Acquisition method where ownership of a product is obtained through creation or fabrication.

Possession

Acquisition method by which someone claims ownership of an abandoned or unowned item.

Fixture

An item fixed to a property, considered part of the real estate rather than personal property.

Trade Fixture

A fixture that is used in a business and can be removed by the tenant at lease termination.

Easement in Gross

A type of property right allowing one party to use a portion of another's property for a specific purpose.

Strict Product Liability

A legal theory holding manufacturers and sellers liable for defective products regardless of fault.

Failure to Warn

A type of product defect where inadequate instructions or warnings about a product's dangers are provided.

Manufacturing Defect

A flaw in a product that occurs during the manufacturing process, leading to a product that is different from the intended design.