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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 terminates an easement?
used by members of a cooperative organization to certify the quality of service or product
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
sexual harassment is protected under title 7 because it effects genders differently in the workplace

2. Arrest requires
intent when attached and will item be damaged because of removal? hard to determine
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
probable cause

3. Drake V. Walton County regarding the county taking property
first person to invent not file for patent
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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.
a warranty that the buyer will not be disturbed in their possession of the land

4. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

5. Title VII protected categories?
this for that - sexual favors - general conduct however one incident is not enough
race - sex - national origin - color - religion
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
birth - child placement - employee health - care for spouse - child - or parent - military duty

6. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
secondary meaning
criticism - use in satire - news report - use to educate
another persons right to make limited use of another persons real property without taking anything away from the property

7. Country club case
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
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

8. Dominion
key words of a website that are used for search engines
ownership rights to property
process of hiding the source of illegally acquired funds
criticism - use in satire - news report - use to educate

9. What is a profit under real property law?
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
the right to enter onto another persons property with the intentions of removing something valuable
secondary meaning
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. What is not copyrightable?
process of hiding the source of illegally acquired funds
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

11. Remedies for patent infringement
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
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
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
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

12. Concurrent ownership
multiple owners of real or personal property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
generally the use of a software to perform a job or deliver product

13. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
cannot be tried again - no appeal
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 property that is burdened by a profit

14. Purpose of criminal penalties?
used by members of a cooperative organization to certify the quality of service or product
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
secondary meaning
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

15. Mislaid property
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
voluntarily parted with at the time - but then later tries to find it
mistake of fact
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

16. What is the result of a mistrial or a hung jury?
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
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

17. In the united states who gets the patent if there is a conflict?
a deed that transfers interest in a life estate from one to another
first person to invent not file for patent
intent when attached and will item be damaged because of removal? hard to determine
property of one person rightfully in possession of another - custody

18. 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.
process of hiding the source of illegally acquired funds
must effectively try to acquire protection as well as keep the secret
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

19. Patent Requirements
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
reverse engineer - go through garbage..
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
novel - useful - non obvious

20. Generic terms can never have?
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
secondary meaning
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

21. Derivative work
crops is considered to be real property and should be considered in the sale of such property.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
given exclusive possession and control over property - and knowingly accept responsibility

22. Secondary Meaning Example frosty treats
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
multiple owners of real or personal 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

23. Counterfeiting example? regarding punishment
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
criminal defense stating that a crime was necessary in preventing an even greater crime
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

24. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
it rewards citizens for putting land to good use rather than just sitting on expanses of property
key words of a website that are used for search engines
mental state or intent part 2 of 2 for determining criminal liability

25. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
record of such condition - being regarded as actually having a condition
voluntarily parted with at the time - but then later tries to find it
reverse engineer - go through garbage..

26. Tenancy in common
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
criticism - use in satire - news report - use to educate
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

27. The Berne Convention
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the corporation could have prevented such acts
crops is considered to be real property and should be considered in the sale of such property.

28. Difference between joint tenancy and tenancy in common?
secondary meaning
owner of premise where it was found - after good title is acquired
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

29. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
race - sex - national origin - color - religion
sally would possess an easement in this case - the right to travel across property owner peter's land
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

30. Estray statutes encourage 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
owner of premise where it was found - after good title is acquired
birth - child placement - employee health - care for spouse - child - or parent - military duty
key words of a website that are used for search engines

31. Mens Rea
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
mental state or intent part 2 of 2 for determining criminal liability
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

32. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
race - sex - national origin - color - religion
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

33. Are compilation of facts copyrightable? case example
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
No - they are considered to be goods and is governed by the uniform commercial code
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
race - sex - national origin - color - religion

34. In order to receive protection under the family medical leave act - one must?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
work for a company with more than 50 employees - employed for a year - and must try to give notice
criminal defense stating that a crime was necessary in preventing an even greater crime

35. What is Actus Reus
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
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

36. Triple amount of damages definition
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
treble damages

37. Roman Catholic Church V. Prince Reality Management regarding a license?
breaking into a residence with the intent of performing a felony. this is a crime against property.
owners of secret must try and protect - destroy garbage
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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

38. Sexual harassment is treated as what?
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
sexual harassment is protected under title 7 because it effects genders differently in the workplace
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

39. Fair use doctrine
intent when attached and will item be damaged because of removal? hard to determine
allows for use of copyrighted material under certain guidelines
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
the right to enter onto another persons property with the intentions of removing something valuable

40. Examples of collective marks
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
hours of employment - conditions - age of workers
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

41. George V restauration s.a. V. Little Rest Twelve licensing case example

42. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
the corporation could have prevented such acts
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

43. Duress criminal defense
the corporation could have prevented such acts
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
it is a federal crime to use the us postal service to defraud others on false pretenses
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

44. Sambucks vs. starbucks
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
No - property gifts are common
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

45. 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
key words of a website that are used for search engines
finder after obtaining a title
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

46. Can you be fired for whistle blowing?

47. Meta tag example about terri welles
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
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

48. 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?
agreement permitting use of a trademark
allows for use of copyrighted material under certain guidelines
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

49. What is can be considered trade dress?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
distinctive decor - menu - style - service of an offering
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

50. In real property law who is considered to be the dominant estate?
conditional gifts that are only accepted upon the performance of marriage
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the property that will benefit from a profit
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