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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. Collective mark
used by members of a cooperative organization to certify the quality of service or product
the right to enter onto another persons property with the intentions of removing something valuable
secondary meaning
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

2. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

3. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
obtaining ownership by living on anothers property
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

4. Counterfeiting example? regarding punishment
agreement permitting use of a trademark
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

5. Discrimination during the hiring process is acceptable when?
another persons right to make limited use of another persons real property without taking anything away from the property
the right to enter onto another persons property with the intentions of removing something valuable
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a deed that transfers interest in a life estate from one to another

6. What is a job offer?
the property that is burdened by a profit
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

7. Money laundering
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
process of hiding the source of illegally acquired funds
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
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

8. Candyland example?
agreement permitting use of a trademark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

9. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
prohibits excessive bail and fines - cruel and unusual punishment
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
criminal defense stating that a crime was necessary in preventing an even greater crime
breaking into a residence with the intent of performing a felony. this is a crime against property.

10. What uses fall under the fair use doctrine?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
criticism - use in satire - news report - use to educate
agreement permitting use of a trademark
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

11. How are trade secrets treated and protected?
criminal defense stating that a crime was necessary in preventing an even greater crime
owners of secret must try and protect - destroy garbage
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
the corporation could have prevented such acts

12. Derivative work
generally the use of a software to perform a job or deliver product
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the corporation could have prevented such acts
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

13. Strong Marks Case Example

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14. Requirements of a bailement
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
key words of a website that are used for search engines
given exclusive possession and control over property - and knowingly accept responsibility

15. Mens Rea
criminal defense stating that a crime was necessary in preventing an even greater crime
mental state or intent part 2 of 2 for determining criminal liability
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

16. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
race - sex - national origin - color - religion

17. Do Deeds require consideration to be valid?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
No - property gifts are common

18. Burglary
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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

19. Outcome of a unanimous guilty verdict?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
allows for use of copyrighted material under certain guidelines
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
can appeal - subject to new trial

20. Employers should handle hostile environments regarding protected members of title 7 by?
secondary meaning
owner of premise where it was found - after good title is acquired
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
must effectively try to acquire protection as well as keep the secret

21. In real property law who is considered to be the servient estate?
mental state or intent part 2 of 2 for determining criminal liability
the property that is burdened by a profit
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

22. 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.
mental state or intent part 2 of 2 for determining criminal liability
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
taking property away from the owner with the intent of permanently removing them of ownership

23. Larceny
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
taking property away from the owner with the intent of permanently removing them of ownership

24. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
first person to invent not file for patent
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

25. Examples of collective marks
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
can appeal - subject to new trial
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

26. What are some criminal defenses
agreement permitting use of a trademark
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
criminal defense stating that a crime was necessary in preventing an even greater crime
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

27. Are compilation of facts copyrightable? case example
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
test is originality - lasts life of creator - protection is automatic
No - but if they find any other reason - like you have been late often than you'll probably get fired
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

28. Workers comp and negligence

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29. Patent Requirements
novel - useful - non obvious
must effectively try to acquire protection as well as keep the secret
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

30. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
used by members of a cooperative organization to certify the quality of service or product

31. What is an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
another persons right to make limited use of another persons real property without taking anything away from the property

32. License in trademark law?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
10 years and it is renewable
work for a company with more than 50 employees - employed for a year - and must try to give notice
agreement permitting use of a trademark

33. Meta tag example about terri welles
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
agreement permitting use of a trademark
generally the use of a software to perform a job or deliver product
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

34. Difference between joint tenancy and tenancy in common?
another persons right to make limited use of another persons real property without taking anything away from the property
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
agreement permitting use of a trademark
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

35. Bailments are?
the corporation could have prevented such acts
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
process of hiding the source of illegally acquired funds
property of one person rightfully in possession of another - custody

36. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a warranty that the buyer will not be disturbed in their possession of the land
intent - delivery - acceptance
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

37. What protection does the 8th amendment provide?
10 years and it is renewable
prohibits excessive bail and fines - cruel and unusual punishment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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.

38. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
members cannot give nationals favorable treatment
classic stone corp. owns a profit in gross - and cannot transfer this right to another

39. Example of how an idea can be inseparable from its expression

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40. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
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
10 year period renewable

41. Members of the TRIPS agreement cannot do what?
voluntarily parted with at the time - but then later tries to find it
the right to enter onto another persons property with the intentions of removing something valuable
members cannot give nationals favorable treatment
No - they are considered to be goods and is governed by the uniform commercial code

42. When property is found who gets property when it was abondoned?
finder after obtaining a title
process of hiding the source of illegally acquired funds
can appeal - subject to new trial
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

43. What is retaliatory discharge?
property of one person rightfully in possession of another - custody
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
test is originality - lasts life of creator - protection is automatic
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

44. Are commercial flights permitted to fly over private property?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

45. How can someone legally acquire trade secrets?
it is a federal crime to use the us postal service to defraud others on false pretenses
test is originality - lasts life of creator - protection is automatic
reverse engineer - go through garbage..
ownership rights to property

46. In real property law who is considered to be the dominant estate?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the property that will benefit from a profit
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

47. Can you be fired for whistle blowing?

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48. Secondary Meaning Example frosty treats
any party can terminate an employment arrangement at anytime no questions asked
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

49. What is secondary meaning?
reverse engineer - go through garbage..
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
10 year period renewable
arises when customers begin to associate a specific term or phrase with specific trademarked items

50. How is the right to use a trademark determined?
who has been using it first or filed for it first
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
sexual harassment is protected under title 7 because it effects genders differently in the workplace
10 year period renewable