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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. Trademark dilution
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
record of such condition - being regarded as actually having a condition
crops is considered to be real property and should be considered in the sale of such property.

2. In order to prove discrimination in hiring one has to prove?
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
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
secondary meaning
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

3. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
secondary meaning
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
owner of premise where it was found - after good title is acquired

4. Business process patents involve?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
generally the use of a software to perform a job or deliver product
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

5. Engagement rings are considered to be?
the corporation could have prevented such acts
conditional gifts that are only accepted upon the performance of marriage
work for a company with more than 50 employees - employed for a year - and must try to give notice
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

6. Meta tags
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
key words of a website that are used for search engines

7. The EEOC requires that victims do what before they hold employers liable?
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 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
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
distinctive decor - menu - style - service of an offering

8. Purpose of criminal penalties?
fraudulent miss-use of funds that have been entrusted to them
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
conditional gifts that are only accepted upon the performance of marriage
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

9. The Berne Convention
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
sufficient evidence
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

10. Darst V. Interstate Brands Corp. regarding family and medical leave rights
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
a deed that transfers interest in a life estate from one to another

11. Under the americans with disabilities act - when can a disability be discussed?

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12. What are some criminal defenses
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
document by which title to property is passed
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
owner of premise where it was found - after good title is acquired

13. Remedies for patent infringement
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

14. What is a warranty deed?
A deed that includes a number of covenants that gives the buyer the buyer the most protection. Affirms the buyer can easily possess what has been mentioned in the deed
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
No - they are considered to be goods and is governed by the uniform commercial code
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

15. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
test is originality - lasts life of creator - protection is automatic

16. Roman Catholic Church V. Prince Reality Management regarding a license?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
10 years and it is renewable
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

17. Necessity defense
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
criminal defense stating that a crime was necessary in preventing an even greater crime
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

18. Are crops real property when they are sold?
secondary meaning
No - they are considered to be goods and is governed by the uniform commercial code
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

19. What is an implied warranty of habitability?
intent - delivery - acceptance
obtaining ownership by living on anothers property
the corporation could have prevented such acts
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

20. Discrimination during the hiring process is acceptable when?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
sufficient evidence

21. Candyland example?
must effectively try to acquire protection as well as keep the secret
first person to invent not file for patent
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

22. Concurrent ownership
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
multiple owners of real or personal property
No - but if they find any other reason - like you have been late often than you'll probably get fired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

23. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a deed that transfers interest in a life estate from one to another
any party can terminate an employment arrangement at anytime no questions asked

24. What terminates an easement?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

25. Fair use is limited to?
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
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
distinctive decor - menu - style - service of an offering

26. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
key words of a website that are used for search engines
distinctive decor - menu - style - service of an offering

27. Example of an exception to the at will doctrine based on tort theory
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
mental state or intent part 2 of 2 for determining criminal liability
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

28. Significance of coca-cola V. koke Co of America
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
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
mental state or intent part 2 of 2 for determining criminal liability

29. What is a job offer?
any party can terminate an employment arrangement at anytime no questions asked
members cannot give nationals favorable treatment
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

30. Can you be fired for whistle blowing?

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31. Determining disability regarding with and without equipment?
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
breaking into a residence with the intent of performing a felony. this is a crime against property.
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

32. What protection does the 8th amendment provide?
any party can terminate an employment arrangement at anytime no questions asked
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
ownership rights to property
prohibits excessive bail and fines - cruel and unusual punishment

33. Secondary Meaning Example frosty treats
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

34. TRIPS agreement
classic stone corp. owns a profit in gross - and cannot transfer this right to another
signed by hundreds of countries that establishes standards for the international protection of intellectual property
secondary meaning
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

35. Robbery
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

36. Special Bailments
sally would possess an easement in this case - the right to travel across property owner peter's land
20 years from filing
document by which title to property is passed
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

37. What composes an 'at will doctrine'
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
No - but if they find any other reason - like you have been late often than you'll probably get fired
any party can terminate an employment arrangement at anytime no questions asked
No - property gifts are common

38. What is protected expression?
secondary meaning
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

39. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
test is originality - lasts life of creator - protection is automatic
key words of a website that are used for search engines
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a deed that transfers interest in a life estate from one to another

40. What composes RICO?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
multiple owners of real or personal property
cannot be tried again - no appeal

41. What is a conveyance?
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
the corporation could have prevented such acts
a deed that transfers interest in a life estate from one to another

42. The madrid protocol accomplishes what?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
streamlines and standardizes the processes for applying for a trademark abroad
reverse engineer - go through garbage..
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

43. License in trademark law?
a physical or mental impairment that substantially limits one or more major life activities
agreement permitting use of a trademark
20 years from filing
key words of a website that are used for search engines

44. What is legally a disability?
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
reverse engineer - go through garbage..
No - but if they find any other reason - like you have been late often than you'll probably get fired
a physical or mental impairment that substantially limits one or more major life activities

45. Money laundering
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
process of hiding the source of illegally acquired funds
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
breaking into a residence with the intent of performing a felony. this is a crime against property.

46. What are the requirements for adverse possession to be recognized?
arises when customers begin to associate a specific term or phrase with specific trademarked items
intent - delivery - acceptance
novel - useful - non obvious
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

47. Triple amount of damages definition
race - sex - national origin - color - religion
treble damages
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
offering someone who works at a different firm money for their trade secrets

48. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
cannot be tried again - no appeal
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
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

49. Title VII protected categories?
the property that is burdened by a profit
race - sex - national origin - color - religion
prohibits excessive bail and fines - cruel and unusual punishment
this for that - sexual favors - general conduct however one incident is not enough

50. What is not copyrightable?
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
secondary meaning
key words of a website that are used for search engines
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files