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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. What could be considered as sexual harassment in the work place
mistake of fact
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
this for that - sexual favors - general conduct however one incident is not enough
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

2. Joint tenancy
given exclusive possession and control over property - and knowingly accept responsibility
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
first person to invent not file for patent
generally the use of a software to perform a job or deliver product

3. What is an easement by prescription?
intent - delivery - acceptance
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

4. In order for a disability to be legally recognized what must exist?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
record of such condition - being regarded as actually having a condition
fraudulent miss-use of funds that have been entrusted to them
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

5. What is protected expression?
sally would possess an easement in this case - the right to travel across property owner peter's land
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

6. Facts to be used in the fair use standard are?
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
ownership rights to property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

7. Possible ruling interpretations for accession cases
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
voluntarily parted with at the time - but then later tries to find it
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

8. How long are patents protected?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
20 years from filing

9. Duress criminal defense
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the property that is burdened by a profit
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

10. Trademark dilution
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 property that is burdened by a profit
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

11. Significance of coca-cola V. koke Co of America
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
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

12. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
No - property gifts are common
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

13. Do Deeds require consideration to be valid?
No - property gifts are 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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

14. How are trade secrets treated and protected?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
secondary meaning
owners of secret must try and protect - destroy garbage
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

15. Reverse discrimination example firefighters
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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

16. Napster example?
the property that will benefit from a profit
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

17. What composes RICO?
taking property away from the owner with the intent of permanently removing them of ownership
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
conditional gifts that are only accepted upon the performance of marriage
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

18. What is retaliatory discharge?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
the right to enter onto another persons property with the intentions of removing something valuable
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

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

20. Purpose of criminal penalties?
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+
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

21. What is a covenant of quiet enjoyment?
the right to enter onto another persons property with the intentions of removing something valuable
a warranty that the buyer will not be disturbed in their possession of the land
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 walks off with what the believe to be theres - but isn't than that is a mistake of fact

22. What composes an 'at will doctrine'
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
any party can terminate an employment arrangement at anytime no questions asked
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

23. What is an easement by implication?
No - they are considered to be goods and is governed by the uniform commercial code
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

24. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
owners of secret must try and protect - destroy garbage
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

25. Strong Marks Case Example

26. What is not copyrightable?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
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

27. Tenancy in common
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
must effectively try to acquire protection as well as keep the secret

28. Fair use is limited to?
owners of secret must try and protect - destroy garbage
voluntarily parted with at the time - but then later tries to find it
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

29. What determines likeliness of confusion?
allows for use of copyrighted material under certain guidelines
hours of employment - conditions - age of workers
this is what most states enforce today - and it guarantees the buyer that the home is in reasonable living condition and the seller is liable for defects that are not declared
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

30. Concurrent ownership
sally would possess an easement in this case - the right to travel across property owner peter's land
No - but if they find any other reason - like you have been late often than you'll probably get fired
multiple owners of real or personal property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

31. Patent Requirements
agreement permitting use of a trademark
mental state or intent part 2 of 2 for determining criminal liability
novel - useful - non obvious
property of one person rightfully in possession of another - custody

32. Business process patents involve?
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
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
who has been using it first or filed for it first
generally the use of a software to perform a job or deliver product

33. What is Actus Reus
mistake of fact
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

34. When property is found that was mislaid who owns it?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
owner of premise where it was found - after good title is acquired
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

35. Cybersquatting
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
generally the use of a software to perform a job or deliver product
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

36. What happens when land is sold that is growing crops?
the right to enter onto another persons property with the intentions of removing something valuable
crops is considered to be real property and should be considered in the sale of such property.
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
multiple owners of real or personal property

37. 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?

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

39. Collective mark
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
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

40. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
fraudulent miss-use of funds that have been entrusted to them

41. What are some criminal defenses
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
probable cause

42. Patents allow for the owner to?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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.
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

43. Attorney client privilege accomplishes what?
the property that will benefit from a profit
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

44. In order to receive protection under the family medical leave act - one must?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
work for a company with more than 50 employees - employed for a year - and must try to give notice

45. Meta tags
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
key words of a website that are used for search engines
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

46. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

47. What is legally a disability?
prohibits excessive bail and fines - cruel and unusual punishment
a physical or mental impairment that substantially limits one or more major life activities
record of such condition - being regarded as actually having a condition
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

48. Engagement rings are considered to be?
sally would possess an easement in this case - the right to travel across property owner peter's land
conditional gifts that are only accepted upon the performance of marriage
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
property of one person rightfully in possession of another - custody

49. What is a job offer?
obtaining ownership by living on anothers property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

50. Gold club corporate criminal liability example?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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