BLaw Final

Chapter 7: Intellectual Property and Internet Law

1. Introduction to Intellectual Property (IP)

• Intellectual property (IP) includes creations such as books, apps, movies, and music.

• Statutory Protection: Evolving laws aim to protect IP both nationally and globally.

• IP in the U.S. Constitution: Recognized under Article I, Section 8.

2. Trademarks and Related Property

• Trademark: A distinctive word, symbol, or design identifying a manufacturer’s goods.

• Lanham Act (1946): Federal law protecting against misleading trademarks.

• Trademark Dilution Act: Protects famous trademarks from unauthorized use.

3. Cyber Marks

• Trademark Registration: Done via U.S. Patent and Trademark Office (USPTO).

• Trademark Infringement: Unauthorized use leading to confusion among consumers.

4. Patents

• Patents: Grant exclusive rights to make, use, and sell an invention.

• Patent duration:

  • Inventions → 20 years from filing.

  • Designs → 14 years from filing.

5. Copyrights

• Copyright Act (1976): Protects literary and artistic works.

• Duration: Life of the author + 70 years.

• Fair Use Doctrine: Allows limited use of copyrighted material under specific conditions.

6. Trade Secrets

• Trade secrets: Valuable business information that provides a competitive edge.

• Economic Espionage Act: Protects against theft of trade secrets.

Chapter 12: Consideration, Capacity, and Legality in Contracts

1. Elements of a Contract

• Agreement: Offer & acceptance.

• Consideration: Something of value exchanged.

• Capacity: Legal ability to enter a contract.

• Legality: Must have a lawful purpose.

2. Consideration

• Must have legally sufficient value and involve a bargained-for exchange.

• Agreements Lacking Consideration: Preexisting duties, past consideration, illusory promises.

3. Promissory Estoppel

• Legal doctrine enforcing promises without consideration if:

  1. A clear promise was made.

  2. The promisee reasonably relied on it.

  3. It resulted in substantial detriment.

4. Contractual Capacity

• Minors: Can void contracts except for necessities.

• Intoxicated Persons: Contracts can be voidable if mental capacity was impaired.

• Mentally Incompetent Persons: Contracts can be void, voidable, or valid.

5. Legality in Contracts

• Contracts Contrary to Public Policy: Non-compete clauses, adhesion contracts, exculpatory clauses.

• Illegal Contracts: Generally void unless exceptions apply.

Chapter 24: Employment Law

1. Employment at Will

• Employers can fire employees for any reason, except:

  • Contract-based exceptions.

  • Tort exceptions (e.g., fraud, emotional distress).

  • Public policy exceptions (e.g., whistleblowing).

2. Wage and Hour Laws

• Fair Labor Standards Act (FLSA)

  • Establishes minimum wage and overtime pay regulations.

  • Some employees (e.g., executives, administrators) are exempt from overtime.

3. Family and Medical Leave

• FMLA (1993)

  • Covers employers with 50+ employees.

  • Provides 12 weeks of unpaid leave for family or medical reasons.

4. Worker Health & Safety

• OSHA (1970): Protects workplace health and safety.

• Workers' Compensation: Covers job-related injuries without requiring lawsuits.

5. Income Security

• Social Security Act: Provides retirement, survivor, and disability benefits.

• Medicare: Health insurance for people 65+.

• Unemployment Insurance: Provides benefits to unemployed workers.

6. Labor Law

• National Labor Relations Act (NLRA)

  • Protects employees’ rights to unionize.

  • Prohibits employer interference in union activities.

Chapter 25: Employment Discrimination

1. Title VII of the Civil Rights Act (1964)

• Prohibits discrimination in employment based on race, color, national origin, religion, gender, or sexual orientation.

• Applies to employers with 15+ employees.

• EEOC (Equal Employment Opportunity Commission) oversees compliance.

2. Types of Discrimination

• Intentional (Disparate Treatment): Employer intentionally discriminates.

• Unintentional (Disparate Impact): Employer’s policies disproportionately affect a protected group.

3. Remedies for Discrimination

• Reinstatement, back pay, damages.

• Punitive damages if employer acted with malice.

Chapter 35: Real Property and Landlord-Tenant Law

1. Nature of Real Property

• Real Property: Includes land, buildings, and fixtures.

• Airspace & Subsurface Rights: Can be sold separately.

2. Ownership Interests

• Fee Simple Absolute: Full ownership with inheritance rights.

• Life Estate: Ownership for a person’s lifetime.

3. Leasehold Estates (Landlord-Tenant)

• Leasehold Estate: Temporary right to possess property.

• Landlord Duties:

  • Provide habitable premises.

  • Allow tenant privacy.

4. Transfers of Ownership

• Deeds: Legal documents transferring property.

• Eminent Domain: Government can take private property for public use with compensation.

5. UCC (Uniform Commercial Code) Overview

• Governs commercial transactions.

• UCC-1 Filing: Provides public notice of a creditor’s interest in a debtor’s property.

Summary of Key Legal Topics: