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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. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
test is originality - lasts life of creator - protection is automatic
the property that will benefit from a profit

2. Facts to be used in the fair use standard are?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
mental state or intent part 2 of 2 for determining criminal liability
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
No - but if they find any other reason - like you have been late often than you'll probably get fired

3. Necessity defense
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a physical or mental impairment that substantially limits one or more major life activities
hours of employment - conditions - age of workers
criminal defense stating that a crime was necessary in preventing an even greater crime

4. In real property law who is considered to be the dominant estate?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
the property that will benefit from a profit
probable cause

5. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
10 year period renewable
it is a federal crime to use the us postal service to defraud others on false pretenses
sufficient evidence

6. Attorney client privilege accomplishes what?
hours of employment - conditions - age of workers
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
the right to enter onto another persons property with the intentions of removing something valuable
the corporation could have prevented such acts

7. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
sally would possess an easement in this case - the right to travel across property owner peter's land
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

8. Bailments are?
property of one person rightfully in possession of another - custody
any party can terminate an employment arrangement at anytime no questions asked
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

9. Special Bailments
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
can appeal - subject to new trial
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

10. How can you come to possess land through adverse possession?
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
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
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
record of such condition - being regarded as actually having a condition

11. Concurrent ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
multiple owners of real or personal property
sufficient evidence

12. Commercial bribery example
10 years and it is renewable
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.
offering someone who works at a different firm money for their trade secrets
streamlines and standardizes the processes for applying for a trademark abroad

13. Country club case
mental state or intent part 2 of 2 for determining criminal liability
obtaining ownership by living on anothers property
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

14. Requirements of a bailement
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.
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
given exclusive possession and control over property - and knowingly accept responsibility
intent when attached and will item be damaged because of removal? hard to determine

15. Americans with disabilities act accomplishes what?
birth - child placement - employee health - care for spouse - child - or parent - military duty
entry of a plea - guilty/ not guilty
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

16. Difference between joint tenancy and tenancy in common?
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
allows for use of copyrighted material under certain guidelines
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

17. Sambucks vs. starbucks
must effectively try to acquire protection as well as keep the secret
process of hiding the source of illegally acquired funds
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
fraudulent miss-use of funds that have been entrusted to them

18. What is a conveyance?
owner of premise where it was found - after good title is acquired
a deed that transfers interest in a life estate from one to another
agreement permitting use of a trademark
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

19. What must a deed possess to be valid?

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20. Drake V. Walton County regarding the county taking property
key words of a website that are used for search engines
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.
finder after obtaining a title
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

21. Age discrimination achieves what?
10 years and it is renewable
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

22. Mistake of fact criminal defense example

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23. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
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
can appeal - subject to new trial

24. What is a Deed
document by which title to property is passed
race - sex - national origin - color - religion
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
secondary meaning

25. How long is a trademark protected? is it renewable
20 years from filing
10 years and it is renewable
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
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

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

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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?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
test is originality - lasts life of creator - protection is automatic
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

28. What is the determining issue when proving entrapment?
entrapment is the influence of a police officer to commit a crime - one must prove that they would not have done it without the influence
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

29. What is a job offer?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
sexual harassment is protected under title 7 because it effects genders differently in the workplace

30. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
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
10 year period renewable
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

31. What is the difference between real and personal property?
it is a federal crime to use the us postal service to defraud others on false pretenses
a warranty that the buyer will not be disturbed in their possession of the land
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
criticism - use in satire - news report - use to educate

32. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
another persons right to make limited use of another persons real property without taking anything away from the property
10 year period renewable
owner of premise where it was found - after good title is acquired

33. In order to prove discrimination in hiring one has to prove?
agreement permitting use of a trademark
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
sufficient evidence

34. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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
offering someone who works at a different firm money for their trade secrets

35. Darst V. Interstate Brands Corp. regarding family and medical leave rights
any party can terminate an employment arrangement at anytime no questions asked
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
sufficient evidence
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

36. Secondary Meaning Example frosty treats
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
probable cause
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

37. Napster example?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the property that will benefit from a profit
hours of employment - conditions - age of workers

38. Are crops real property when they are sold?
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
No - they are considered to be goods and is governed by the uniform commercial code
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

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

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40. How long is a copyright protected? for a corporation?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
agreement permitting use of a trademark
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
conditional gifts that are only accepted upon the performance of marriage

41. Certification mark
work for a company with more than 50 employees - employed for a year - and must try to give notice
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

42. How are trade secrets treated and protected?
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
owners of secret must try and protect - destroy garbage
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.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

43. What is not copyrightable?
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
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
any party can terminate an employment arrangement at anytime no questions asked
the property that will benefit from a profit

44. TRIPS agreement
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
signed by hundreds of countries that establishes standards for the international protection of intellectual property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

45. Outcome of a unanimous guilty verdict?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
agreement permitting use of a trademark
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
can appeal - subject to new trial

46. How long are patents protected?
20 years from filing
novel - useful - non obvious
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
probable cause

47. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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.
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
distinctive decor - menu - style - service of an offering

48. Engagement rings are considered to be?
a warranty that the buyer will not be disturbed in their possession of the land
conditional gifts that are only accepted upon the performance of marriage
hours of employment - conditions - age of workers
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

49. Robbery
voluntarily parted with at the time - but then later tries to find it
race - sex - national origin - color - religion
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

50. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
fraudulent miss-use of funds that have been entrusted to them
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution