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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. How long are patents protected?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
20 years from filing
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

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

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3. In order to prove discrimination in hiring one has to prove?
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
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

4. Examples of collective marks
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
a warranty that the buyer will not be disturbed in their possession of the land

5. Drake V. Walton County regarding the county taking property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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.
taking property away from the owner with the intent of permanently removing them of ownership

6. Attorney client privilege accomplishes what?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

7. Are compilation of facts copyrightable? case example
used by members of a cooperative organization to certify the quality of service or product
intent - delivery - acceptance
owner of premise where it was found - after good title is acquired
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

8. In order to recieve protection what must one do?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
must effectively try to acquire protection as well as keep the secret
record of such condition - being regarded as actually having a condition
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

9. Adverse possession
voluntarily parted with at the time - but then later tries to find it
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
obtaining ownership by living on anothers property
mistake of fact

10. Do Deeds require consideration to be valid?
No - property gifts are common
cannot be tried again - no appeal
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

11. Fair use is limited to?
process of hiding the source of illegally acquired funds
taking property away from the owner with the intent of permanently removing them of ownership
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

12. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the corporation could have prevented such acts
finder after obtaining a title

13. How can you come to possess land through adverse possession?
streamlines and standardizes the processes for applying for a trademark abroad
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

14. Mens Rea
it rewards citizens for putting land to good use rather than just sitting on expanses of property
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag
test is originality - lasts life of creator - protection is automatic
mental state or intent part 2 of 2 for determining criminal liability

15. Service mark
criminal defense stating that a crime was necessary in preventing an even greater crime
owner of premise where it was found - after good title is acquired
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the property that is burdened by a profit

16. Dominion
ownership rights to property
test is originality - lasts life of creator - protection is automatic
voluntarily parted with at the time - but then later tries to find it
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

17. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
distinctive decor - menu - style - service of an offering
work for a company with more than 50 employees - employed for a year - and must try to give notice

18. When property is found who gets property when it was abondoned?
property of one person rightfully in possession of another - custody
finder after obtaining a title
offering someone who works at a different firm money for their trade secrets
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

19. What uses fall under the fair use doctrine?
it is a federal crime to use the us postal service to defraud others on false pretenses
criticism - use in satire - news report - use to educate
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

20. Employers should handle hostile environments regarding protected members of title 7 by?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
record of such condition - being regarded as actually having a condition

21. Reverse discrimination example firefighters
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability
criminal defense stating that a crime was necessary in preventing an even greater crime
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

22. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
crops is considered to be real property and should be considered in the sale of such property.
sally would possess an easement in this case - the right to travel across property owner peter's land
20 years from filing

23. Meta tag example about terri welles
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
obtaining ownership by living on anothers property

24. 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?
allows for use of copyrighted material under certain guidelines
intent - delivery - acceptance
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the property that is burdened by a profit

25. What is the result of a mistrial or a hung jury?
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
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
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

26. What are some criminal defenses
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
20 years from filing
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

27. Copyright requirements
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
mental state or intent part 2 of 2 for determining criminal liability
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

28. Arrest requires
probable cause
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

29. Estray statutes encourage what?
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
owner of premise where it was found - after good title is acquired

30. What protection does the 6th amendment provide?
birth - child placement - employee health - care for spouse - child - or parent - military duty
taking property away from the owner with the intent of permanently removing them of ownership
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

31. 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?
secondary meaning
conditional gifts that are only accepted upon the performance of marriage
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

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

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33. What is an implied warranty of habitability?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
criminal defense stating that a crime was necessary in preventing an even greater crime
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

34. What is a profit under real property law?
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
the right to enter onto another persons property with the intentions of removing something valuable
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.

35. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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 corporation could have prevented such acts
taking property away from the owner with the intent of permanently removing them of ownership
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

36. Indictment requires
key words of a website that are used for search engines
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
used by members of a cooperative organization to certify the quality of service or product
sufficient evidence

37. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
streamlines and standardizes the processes for applying for a trademark abroad

38. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
another persons right to make limited use of another persons real property without taking anything away from the property
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

39. Sambucks vs. starbucks
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the property that is burdened by a profit
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

40. Money laundering
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
No - property gifts are common
process of hiding the source of illegally acquired funds
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

41. How long is a copyright protected? for a corporation?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
sexual harassment is protected under title 7 because it effects genders differently in the workplace

42. The WARN act calls for what?
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

43. Members of the TRIPS agreement cannot do what?
crops is considered to be real property and should be considered in the sale of such property.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
sexual harassment is protected under title 7 because it effects genders differently in the workplace
members cannot give nationals favorable treatment

44. Is it a fixture?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
intent when attached and will item be damaged because of removal? hard to determine
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

45. Commercial bribery example
distinctive decor - menu - style - service of an offering
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
offering someone who works at a different firm money for their trade secrets
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

46. What is can be considered trade dress?
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
distinctive decor - menu - style - service of an offering
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
test is originality - lasts life of creator - protection is automatic

47. What is a conveyance?
a deed that transfers interest in a life estate from one to another
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
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

48. Strong Marks Case Example

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49. Title VII protected categories?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
race - sex - national origin - color - religion
streamlines and standardizes the processes for applying for a trademark abroad

50. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
a warranty that the buyer will not be disturbed in their possession of the land
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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