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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.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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 legally a disability?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
signed by hundreds of countries that establishes standards for the international protection of intellectual property
a physical or mental impairment that substantially limits one or more major life activities

2. Do Deeds require consideration to be valid?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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.
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
No - property gifts are common

3. Strong Marks Case Example

4. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

5. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
birth - child placement - employee health - care for spouse - child - or parent - military duty
secondary meaning
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

6. What is retaliatory discharge?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

7. Indictment requires
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
sufficient evidence
voluntarily parted with at the time - but then later tries to find it

8. What is a warranty deed?
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
No - property gifts are common
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property

9. Is it a fixture?
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
intent when attached and will item be damaged because of removal? hard to determine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
key words of a website that are used for search engines

10. What is the difference between real and personal property?
must effectively try to acquire protection as well as keep the secret
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

11. Fair use is limited to?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
agreement permitting use of a trademark
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

12. 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.
process of hiding the source of illegally acquired funds
10 years and it is renewable
document by which title to property is passed

13. In order for a disability to be legally recognized what must exist?
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
record of such condition - being regarded as actually having a condition
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

14. What is a conveyance?
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
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
a deed that transfers interest in a life estate from one to another
joint tenancy results in the ownership of property after the partner dies - a joint tenancy becomes a tenancy in common upon one party selling their stake

15. Title VII prevents discrimination in?

16. Business process patents involve?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
generally the use of a software to perform a job or deliver product
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

17. What is the result of a mistrial or a hung jury?
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
signed by hundreds of countries that establishes standards for the international protection of intellectual 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.
probable cause

18. In order to receive protection under the family medical leave act - one must?
used by members of a cooperative organization to certify the quality of service or product
work for a company with more than 50 employees - employed for a year - and must try to give notice
property of one person rightfully in possession of another - custody
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

19. Secondary Meaning Example frosty treats
record of such condition - being regarded as actually having a condition
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
agreement permitting use of a trademark

20. Concurrent ownership
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
multiple owners of real or personal property
offering someone who works at a different firm money for their trade secrets
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

21. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the right to enter onto another persons property with the intentions of removing something valuable
distinctive decor - menu - style - service of an offering

22. Determining disability regarding with and without equipment?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

23. What composes an 'at will doctrine'
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
any party can terminate an employment arrangement at anytime no questions asked
intent when attached and will item be damaged because of removal? hard to determine
sexual harassment is protected under title 7 because it effects genders differently in the workplace

24. How is the right to use a trademark determined?
who has been using it first or filed for it first
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
race - sex - national origin - color - religion
criminal defense stating that a crime was necessary in preventing an even greater crime

25. Age discrimination achieves what?
owner of premise where it was found - after good title is acquired
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
first person to invent not file for patent
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

26. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
process of hiding the source of illegally acquired funds
used by members of a cooperative organization to certify the quality of service or product
members cannot give nationals favorable treatment

27. 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?
owners of secret must try and protect - destroy garbage
sufficient evidence
mistake of fact
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

28. The EEOC requires that victims do what before they hold employers liable?
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
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
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
mental state or intent part 2 of 2 for determining criminal liability

29. Are crops real property when they are sold?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
any party can terminate an employment arrangement at anytime no questions asked
No - they are considered to be goods and is governed by the uniform commercial code
a physical or mental impairment that substantially limits one or more major life activities

30. Joint tenancy
fraudulent miss-use of funds that have been entrusted to them
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
mistake of fact

31. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

32. What is the purpose of the adverse possession doctrine?
sally would possess an easement in this case - the right to travel across property owner peter's land
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

33. What protection does the 8th amendment provide?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
prohibits excessive bail and fines - cruel and unusual punishment
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
reverse engineer - go through garbage..

34. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
mistake of fact

35. Mistake of fact criminal defense example

36. Candyland example?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
intent when attached and will item be damaged because of removal? hard to determine

37. What conditions are covered by the family medical leave act?
entry of a plea - guilty/ not guilty
birth - child placement - employee health - care for spouse - child - or parent - military duty
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

38. Members of the TRIPS agreement cannot do what?
who has been using it first or filed for it first
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
members cannot give nationals favorable treatment

39. Patent Requirements
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
novel - useful - non obvious

40. What is a license considered to be in real property law?
a deed that transfers interest in a life estate from one to another
who has been using it first or filed for it first
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

41. Dominion
offering someone who works at a different firm money for their trade secrets
ownership rights to property
streamlines and standardizes the processes for applying for a trademark abroad
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

42. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
the property that will benefit from a profit
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

43. Outcome of unanimous not guilty?
used by members of a cooperative organization to certify the quality of service or product
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
cannot be tried again - no appeal
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

44. How long is a trademark protected? is it 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
intent when attached and will item be damaged because of removal? hard to determine
sally would possess an easement in this case - the right to travel across property owner peter's land

45. 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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a deed that transfers interest in a life estate from one to another
reverse engineer - go through garbage..

46. How long are patents protected?
distinctive decor - menu - style - service of an offering
the corporation could have prevented such acts
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
20 years from filing

47. Mail fraud act example senator?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

48. What is the determining issue when proving entrapment?
the property that will benefit from a profit
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

49. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
streamlines and standardizes the processes for applying for a trademark abroad
document by which title to property is passed
secondary meaning

50. What is an easement by implication?
another persons right to make limited use of another persons real property without taking anything away from the property
secondary meaning
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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