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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. Fair labor standards act covers issues such as?
generally the use of a software to perform a job or deliver product
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
hours of employment - conditions - age of workers
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

2. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification 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
cannot be tried again - no appeal

3. Generic terms can never have?
secondary meaning
sufficient evidence
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

4. Reasonable accommodation requirements by the ADA
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the property that will benefit from a profit

5. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
prohibits excessive bail and fines - cruel and unusual punishment

6. Outcome of a unanimous guilty verdict?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
can appeal - subject to new trial
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

7. Trademarks are good for? are they renewable
10 year period renewable
taking property away from the owner with the intent of permanently removing them of ownership
key words of a website that are used for search engines
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

8. How long are patents protected?
20 years from filing
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

9. The madrid protocol accomplishes what?
secondary meaning
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
streamlines and standardizes the processes for applying for a trademark abroad
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

10. Employers should handle hostile environments regarding protected members of title 7 by?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
10 years and it is renewable
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

11. Copyright requirements
test is originality - lasts life of creator - protection is automatic
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

12. 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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

13. Age discrimination achieves what?
hours of employment - conditions - age of workers
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
No - but if they find any other reason - like you have been late often than you'll probably get fired

14. Candyland example?
can appeal - subject to new trial
a deed that transfers interest in a life estate from one to another
No - but if they find any other reason - like you have been late often than you'll probably get fired
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

15. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
arises when customers begin to associate a specific term or phrase with specific trademarked items
criticism - use in satire - news report - use to educate

16. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

17. In real property law who is considered to be the dominant estate?
race - sex - national origin - color - religion
10 year period renewable
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
the property that will benefit from a profit

18. Money laundering
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
mistake of fact
secondary meaning
process of hiding the source of illegally acquired funds

19. Outcome of unanimous not guilty?
cannot be tried again - no appeal
conditional gifts that are only accepted upon the performance of marriage
novel - useful - non obvious
sexual harassment is protected under title 7 because it effects genders differently in the workplace

20. What composes an 'at will doctrine'
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
any party can terminate an employment arrangement at anytime no questions asked
offering someone who works at a different firm money for their trade secrets

21. Indictment requires
voluntarily parted with at the time - but then later tries to find it
sufficient evidence
another persons right to make limited use of another persons real property without taking anything away from the property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

22. Constructive bailments are?

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23. 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
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
the corporation could have prevented such acts
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

24. Estray statutes encourage what?
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
streamlines and standardizes the processes for applying for a trademark abroad
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
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

25. Necessity defense
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
who has been using it first or filed for it first
criminal defense stating that a crime was necessary in preventing an even greater crime
prohibits excessive bail and fines - cruel and unusual punishment

26. Are crops real property when they are sold?
owners of secret must try and protect - destroy garbage
taking property away from the owner with the intent of permanently removing them of 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
No - they are considered to be goods and is governed by the uniform commercial code

27. Counterfeiting example? regarding punishment
entry of a plea - guilty/ not guilty
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 someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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

28. In real property law who is considered to be the servient estate?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the property that is burdened by a profit

29. What is a job offer?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
a physical or mental impairment that substantially limits one or more major life activities
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

30. What is a covenant of quiet enjoyment?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a warranty that the buyer will not be disturbed in their possession of the land
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

31. Can you be fired for whistle blowing?

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32. How can someone legally acquire trade secrets?
10 year period renewable
it rewards citizens for putting land to good use rather than just sitting on expanses of property
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
reverse engineer - go through garbage..

33. Workers comp and negligence

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34. What are the requirements for making a gift an effective transfer of ownership?
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
intent - delivery - acceptance
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
record of such condition - being regarded as actually having a condition

35. What is the determining issue when proving entrapment?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
test is originality - lasts life of creator - protection is automatic
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

36. 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?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
sexual harassment is protected under title 7 because it effects genders differently in the workplace
classic stone corp. owns a profit in gross - and cannot transfer this right to another

37. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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
criminal defense stating that a crime was necessary in preventing an even greater crime

38. Bailments are?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
property of one person rightfully in possession of another - custody

39. Duress criminal defense
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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 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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

40. Country club case
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
mistake of fact

41. What is the purpose of the adverse possession doctrine?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
property of one person rightfully in possession of another - custody
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

42. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
hours of employment - conditions - age of workers
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

43. Joint tenancy
sally would possess an easement in this case - the right to travel across property owner peter's land
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

44. What are strong Marks?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
multiple owners of real or personal property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

45. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
No - but if they find any other reason - like you have been late often than you'll probably get fired
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
secondary meaning
test is originality - lasts life of creator - protection is automatic

46. 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
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
document by which title to property is passed
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

47. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
cannot be tried again - no appeal
No - property gifts are common
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

48. What is an implied warranty of habitability?
used by members of a cooperative organization to certify the quality of service or product
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
No - they are considered to be goods and is governed by the uniform commercial code
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

49. Possible ruling interpretations for accession cases
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
entry of a plea - guilty/ not guilty
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

50. Requirements of a bailement
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
given exclusive possession and control over property - and knowingly accept responsibility
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