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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. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
property of one person rightfully in possession of another - custody
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

2. What are the requirements for adverse possession to be recognized?
document by which title to property is passed
multiple owners of real or personal property
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

3. 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?

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4. Strong Marks Case Example

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5. Example of an exception to the at will doctrine based on tort theory
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
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
given exclusive possession and control over property - and knowingly accept responsibility
birth - child placement - employee health - care for spouse - child - or parent - military duty

6. Fair use doctrine
key words of a website that are used for search engines
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
allows for use of copyrighted material under certain guidelines
intent - delivery - acceptance

7. Counterfeiting example? regarding punishment
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
process of hiding the source of illegally acquired funds

8. What is a Deed
probable cause
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
document by which title to property is passed
a warranty that the buyer will not be disturbed in their possession of the land

9. In the united states who gets the patent if there is a conflict?
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
fraudulent miss-use of funds that have been entrusted to them
criticism - use in satire - news report - use to educate
first person to invent not file for patent

10. Difference between joint tenancy and tenancy in common?
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
used by members of a cooperative organization to certify the quality of service or product
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
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. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
first person to invent not file for patent
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

12. What is a job offer?
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
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
hours of employment - conditions - age of workers

13. Darst V. Interstate Brands Corp. regarding family and medical leave rights
the corporation could have prevented such acts
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
race - sex - national origin - color - religion
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

14. Sexual harassment is treated as what?
the right to enter onto another persons property with the intentions of removing something valuable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
agreement permitting use of a trademark
sexual harassment is protected under title 7 because it effects genders differently in the workplace

15. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
a physical or mental impairment that substantially limits one or more major life activities
sally would possess an easement in this case - the right to travel across property owner peter's land
arises when customers begin to associate a specific term or phrase with specific trademarked items

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

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17. What is an easement by prescription?
mental state or intent part 2 of 2 for determining criminal liability
ownership rights to property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

18. Patent Requirements
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
novel - useful - non obvious
who has been using it first or filed for it first

19. What are the requirements for making a gift an effective transfer of ownership?
10 year period renewable
hours of employment - conditions - age of workers
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
intent - delivery - acceptance

20. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
a physical or mental impairment that substantially limits one or more major life activities
novel - useful - non obvious
criticism - use in satire - news report - use to educate

21. How long is a copyright protected? for a corporation?
conditional gifts that are only accepted upon the performance of marriage
test is originality - lasts life of creator - protection is automatic
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

22. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
race - sex - national origin - color - religion
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
the right to enter onto another persons property with the intentions of removing something valuable

23. Adverse possession
breaking into a residence with the intent of performing a felony. this is a crime against property.
obtaining ownership by living on anothers property
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
a physical or mental impairment that substantially limits one or more major life activities

24. Concurrent ownership
multiple owners of real or personal property
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the right to enter onto another persons property with the intentions of removing something valuable

25. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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.
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

26. Collective mark
used by members of a cooperative organization to certify the quality of service or product
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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

27. How is the right to use a trademark determined?
novel - useful - non obvious
intent - delivery - acceptance
who has been using it first or filed for it first
obtaining ownership by living on anothers property

28. Fair use is limited to?
reverse engineer - go through garbage..
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

29. Secondary Meaning Example frosty treats
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
document by which title to property is passed

30. Service mark
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
secondary meaning
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

31. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
the property that is burdened by a profit
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

32. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

33. Determining disability regarding with and without equipment?
20 years from filing
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
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
crops is considered to be real property and should be considered in the sale of such property.

34. Arrest requires
probable cause
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
reverse engineer - go through garbage..
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

35. Arraignment is what?
entry of a plea - guilty/ not guilty
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
10 years and it is renewable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

36. What composes an 'at will doctrine'
process of hiding the source of illegally acquired funds
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
criticism - use in satire - news report - use to educate
any party can terminate an employment arrangement at anytime no questions asked

37. Estray statutes encourage what?
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
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
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
agreement permitting use of a trademark

38. 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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
sexual harassment is protected under title 7 because it effects genders differently in the workplace
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

39. Outcome of a unanimous guilty verdict?
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
owner of premise where it was found - after good title is acquired
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
can appeal - subject to new trial

40. Trademark dilution
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

41. Business process patents involve?
generally the use of a software to perform a job or deliver product
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

42. What is a conveyance?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
the property that will benefit from a profit
a deed that transfers interest in a life estate from one to another

43. What is legally a disability?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
sufficient evidence
a physical or mental impairment that substantially limits one or more major life activities

44. Trademarks are good for? are they renewable
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
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
10 year period renewable
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

45. Are crops real property when they are sold?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
No - they are considered to be goods and is governed by the uniform commercial code
given exclusive possession and control over property - and knowingly accept responsibility

46. Roman Catholic Church V. Prince Reality Management regarding a license?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
owners of secret must try and protect - destroy garbage
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

47. The WARN act calls for what?
20 years from filing
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

48. Meta tag example about terri welles
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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
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. How long are patents protected?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
court found that sambucks caused significant confusion required to harm the value of starbacks 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
20 years from filing

50. Do Deeds require consideration to be valid?
No - property gifts are common
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
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.
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