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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. What is an easement by implication?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
employers need to make reasonable effort - employers should have a process to deal with hostility - employees are required to give employer a chance to take care of
if property owner peter owns two plots of land - one with drinking water and the other without - if sally gets the one without - by implication she has an easement to use the drinking water

2. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

3. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
No - property gifts are common
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

4. What is the purpose of the adverse possession doctrine?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea
it rewards citizens for putting land to good use rather than just sitting on expanses of property
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag

5. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
secondary meaning
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
former playmate of the year was granted the use of playboy and playmate meta tags because she did not suggest sponsorship and there are not sufficient synonymous terms

6. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened
used by members of a cooperative organization to certify the quality of service or product
ownership rights to property

7. Service mark
record of such condition - being regarded as actually having a condition
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
treble damages
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

8. How can someone legally acquire trade secrets?
this for that - sexual favors - general conduct however one incident is not enough
prohibits excessive bail and fines - cruel and unusual punishment
reverse engineer - go through garbage..
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color

9. Are commercial flights permitted to fly over private property?
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

10. Adverse possession
only white men and 2 hispanic men past a test for who was qualified for promotion - the city through away the results in fear of being considered discriminatory
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
any party can terminate an employment arrangement at anytime no questions asked
obtaining ownership by living on anothers property

11. What is a job offer?
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee
work for a company with more than 50 employees - employed for a year - and must try to give notice
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
multiple owners of real or personal property

12. What is Actus Reus
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
document by which title to property is passed

13. What is retaliatory discharge?
It was ruled that darst had the right to receive treatment for alcoholism under the FLMA - but his inability or refusal to go to work because of substance abuse did not fall under the FMLA
it rewards citizens for putting land to good use rather than just sitting on expanses of property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract

14. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
taking property away from the owner with the intent of permanently removing them of ownership
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

15. How is the right to use a trademark determined?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
intent when attached and will item be damaged because of removal? hard to determine
who has been using it first or filed for it first
10 year period renewable

16. KSR Internation V. Teleflex INC. regarding what is patentable?

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17. What kind of mistake can be used as criminal defense?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
mistake of fact
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense

18. What is a Deed
race - sex - national origin - color - religion
criminal defense stating that a crime was necessary in preventing an even greater crime
document by which title to property is passed
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense

19. Drake V. Walton County regarding the county taking property
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.
breaking into a residence with the intent of performing a felony. this is a crime against property.
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
birth - child placement - employee health - care for spouse - child - or parent - military duty

20. Trademark dilution
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example
allows for use of copyrighted material under certain guidelines
treble damages
20 years from filing

21. Reverse discrimination example firefighters
entry of a plea - guilty/ not guilty
the exclusionary rule was made to deter illegal police behavior that outweighed allowing a few criminals free - but if it is an isolated incident and won't detour others - than it is not exclusionary
only white men and 2 hispanic men past a test for who was qualified for promotion - the city through away the results in fear of being considered discriminatory
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

22. What conditions are covered by the family medical leave act?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened
use of illegal income to purchase interest in an enterprise - acquire or maintain interest in an enterprise through the use of racketeering - conduct in activity of an enterprise through racketeering - pattern 2 acts of racketeering or any crime with
birth - child placement - employee health - care for spouse - child - or parent - military duty

23. Can you be fired for whistle blowing?

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24. Darst V. Interstate Brands Corp. regarding family and medical leave rights
It was ruled that darst had the right to receive treatment for alcoholism under the FLMA - but his inability or refusal to go to work because of substance abuse did not fall under the FMLA
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
the property that is burdened by a profit

25. The WARN act calls for what?
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
ownership rights to property
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

26. Fair use is limited to?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
use of illegal income to purchase interest in an enterprise - acquire or maintain interest in an enterprise through the use of racketeering - conduct in activity of an enterprise through racketeering - pattern 2 acts of racketeering or any crime with
must effectively try to acquire protection as well as keep the secret
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

27. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

28. The madrid protocol accomplishes what?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
streamlines and standardizes the processes for applying for a trademark abroad
criminal defense stating that a crime was necessary in preventing an even greater crime
fraudulent miss-use of funds that have been entrusted to them

29. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
First likeliness of confusion of the source of the product will be questioned - if there is no likeliness of confusion - then the court will determine if the existence of a similar trademark dilutes the value of the other that has filed first
signed by hundreds of countries that establishes standards for the international protection of intellectual property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

30. Trademarks are good for? are they renewable
this is what most states enforce today - and it guarantees the buyer that the home is in reasonable living condition and the seller is liable for defects that are not declared
10 years and it is renewable
10 year period renewable
multiple owners of real or personal property

31. Example of an exception to the at will doctrine based on tort theory
novel - useful - non obvious
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
multiple owners of real or personal property
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee

32. Special Bailments
court held that frosty treats is a descriptive term and unless the company could prove that consumers had developed a secondary meaning that they could not sue the video game
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
multiple owners of real or personal property

33. Tenancy by the entirety - or community ownership
the right to enter onto another persons property with the intentions of removing something valuable
novel - useful - non obvious
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

34. Requirements of a bailement
can sue for relief and damages that may arrise from the infringement - if court sees that the infringement was willful the court can call for triple the amount of damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
given exclusive possession and control over property - and knowingly accept responsibility
key words of a website that are used for search engines

35. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
it is a federal crime to use the us postal service to defraud others on false pretenses
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

36. What is protected expression?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
work for a company with more than 50 employees - employed for a year - and must try to give notice
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
treble damages

37. Members of the TRIPS agreement cannot do what?
encourage finders to report lost property and sufficiently try to return property - if comply results in good title and ownership even if claimed in the future
members cannot give nationals favorable treatment
possessor must take sole physical occupancy of the property - the possession must be made obvious - possession must be peaceful and exist for the needed amount of time - the possessor cannot have permission
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea

38. What must a deed possess to be valid?

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39. Arraignment is what?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
entry of a plea - guilty/ not guilty

40. What is the determining issue when proving entrapment?
entrapment is the influence of a police officer to commit a crime - one must prove that they would not have done it without the influence
No - property gifts are common
generally the use of a software to perform a job or deliver product
another persons right to make limited use of another persons real property without taking anything away from the property

41. Necessity defense
who has been using it first or filed for it first
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
criminal defense stating that a crime was necessary in preventing an even greater crime
novel - useful - non obvious

42. When property is found that was mislaid who owns it?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
secondary meaning
owner of premise where it was found - after good title is acquired
first person to invent not file for patent

43. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
who has been using it first or filed for it first

44. In order to prove discrimination in hiring one has to prove?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class
who has been using it first or filed for it first
used by members of a cooperative organization to certify the quality of service or product

45. Copyright requirements
given exclusive possession and control over property - and knowingly accept responsibility
test is originality - lasts life of creator - protection is automatic
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
encourage finders to report lost property and sufficiently try to return property - if comply results in good title and ownership even if claimed in the future

46. What is a covenant of quiet enjoyment?
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
a warranty that the buyer will not be disturbed in their possession of the land
20 years from filing
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened

47. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
crops is considered to be real property and should be considered in the sale of such property.
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
generally the use of a software to perform a job or deliver product

48. Mail fraud act example senator?
the property that is burdened by a profit
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

49. What are some criminal defenses
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the corporation could have prevented such acts
obtaining ownership by living on anothers property
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

50. Possible ruling interpretations for accession cases
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
only white men and 2 hispanic men past a test for who was qualified for promotion - the city through away the results in fear of being considered discriminatory
record of such condition - being regarded as actually having a condition
retain title of ownership when pay other to add value to property - retain title when accession occurs illegally - if upon good faith the improvement changes the identity of the property - it is possible that the title may pass on to the improver - b