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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. Secondary Meaning Example frosty treats
10 year period renewable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

2. What are the requirements for adverse possession to be recognized?
members cannot give nationals favorable treatment
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
property of one person rightfully in possession of another - custody
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

3. Tenancy by the entirety - or community ownership
given exclusive possession and control over property - and knowingly accept responsibility
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
10 years and it is renewable
multiple owners of real or personal property

4. What is the determining issue when proving entrapment?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
given exclusive possession and control over property - and knowingly accept responsibility
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

5. Purpose of criminal penalties?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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.

6. When property is found who gets property when it was abondoned?
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
finder after obtaining a title

7. How is the right to use a trademark determined?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
who has been using it first or filed for it first

8. Dominion
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
ownership rights to property
secondary meaning
any party can terminate an employment arrangement at anytime no questions asked

9. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
criticism - use in satire - news report - use to educate
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
10 year period renewable

10. The madrid protocol accomplishes what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
streamlines and standardizes the processes for applying for a trademark abroad

11. Steps to determining trademark infringement?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
document by which title to property is passed

12. Meta tags
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
must effectively try to acquire protection as well as keep the secret
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

13. Difference between joint tenancy and tenancy in common?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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

14. What is a Deed
document by which title to property is passed
criticism - use in satire - news report - use to educate
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the property that will benefit from a profit

15. In order to prove discrimination in hiring one has to prove?
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
conditional gifts that are only accepted upon the performance of marriage
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

16. Napster example?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
record of such condition - being regarded as actually having a condition

17. When property is found that was mislaid who owns it?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
cannot be tried again - no appeal
owner of premise where it was found - after good title is acquired
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

18. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
a warranty that the buyer will not be disturbed in their possession of the land
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

19. Employers should handle hostile environments regarding protected members of title 7 by?
process of hiding the source of illegally acquired funds
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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

20. Meta tag example about terri welles
agreement permitting use of a trademark
the corporation could have prevented such acts
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
intent when attached and will item be damaged because of removal? hard to determine

21. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
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
finder after obtaining a title
crops is considered to be real property and should be considered in the sale of such property.

22. How long is a copyright protected? for a corporation?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
document by which title to property is passed
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

23. Sambucks vs. starbucks
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

24. What is Actus Reus
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

25. Title VII prevents discrimination in?

26. Burglary
used by members of a cooperative organization to certify the quality of service or product
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
entry of a plea - guilty/ not guilty
breaking into a residence with the intent of performing a felony. this is a crime against property.

27. What is not copyrightable?
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

28. Fair use doctrine
allows for use of copyrighted material under certain guidelines
record of such condition - being regarded as actually having a condition
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

29. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the right to enter onto another persons property with the intentions of removing something valuable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
No - property gifts are common

30. Bailments are?
10 year period renewable
property of one person rightfully in possession of another - custody
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
members cannot give nationals favorable treatment

31. The Berne Convention
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

32. Engagement rings are considered to be?
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
conditional gifts that are only accepted upon the performance of marriage
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
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

33. Age discrimination achieves what?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
distinctive decor - menu - style - service of an offering
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

34. What is a license considered to be in real property law?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a physical or mental impairment that substantially limits one or more major life activities
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

35. Patent Requirements
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
fraudulent miss-use of funds that have been entrusted to them
novel - useful - non obvious
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

36. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
voluntarily parted with at the time - but then later tries to find it

37. Are compilation of facts copyrightable? case example
test is originality - lasts life of creator - protection is automatic
used by members of a cooperative organization to certify the quality of service or product
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

38. In order to recieve protection what must one do?
conditional gifts that are only accepted upon the performance of marriage
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
ownership rights to property
must effectively try to acquire protection as well as keep the secret

39. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
key words of a website that are used for search engines
another persons right to make limited use of another persons real property without taking anything away from the property
conditional gifts that are only accepted upon the performance of marriage

40. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
crops is considered to be real property and should be considered in the sale of such property.
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

41. Significance of coca-cola V. koke Co of America
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
must effectively try to acquire protection as well as keep the secret
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 - property gifts are common

42. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
members cannot give nationals favorable treatment
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

43. What is an easement by prescription?
finder after obtaining a title
crops is considered to be real property and should be considered in the sale of such property.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the property that is burdened by a profit

44. KSR Internation V. Teleflex INC. regarding what is patentable?

45. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
No - they are considered to be goods and is governed by the uniform commercial code
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

46. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
breaking into a residence with the intent of performing a felony. this is a crime against property.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
test is originality - lasts life of creator - protection is automatic
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

47. Mistake of fact criminal defense example

48. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
key words of a website that are used for search engines
the corporation could have prevented such acts
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
taking property away from the owner with the intent of permanently removing them of ownership

49. Mail fraud act example senator?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
novel - useful - non obvious
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

50. Arrest requires
probable cause
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
offering someone who works at a different firm money for their trade secrets
effects a legitimate requirement of the job - can never defend race or color - generally gender issue