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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. Mislaid property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
another persons right to make limited use of another persons real property without taking anything away from the property
voluntarily parted with at the time - but then later tries to find it

2. How can someone legally acquire trade secrets?
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
reverse engineer - go through garbage..
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

3. Constructive bailments are?

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4. Estray statutes encourage what?
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
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

5. What protection does the 8th amendment provide?
breaking into a residence with the intent of performing a felony. this is a crime against property.
prohibits excessive bail and fines - cruel and unusual punishment
secondary meaning
voluntarily parted with at the time - but then later tries to find it

6. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
intent - delivery - acceptance

7. Tenancy in common
the right to enter onto another persons property with the intentions of removing something valuable
it is a federal crime to use the us postal service to defraud others on false pretenses
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

8. What is a license considered to be in real property law?
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
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
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 movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

9. Necessity defense
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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

10. When property is found who gets property when it was abondoned?
10 year period renewable
the right to enter onto another persons property with the intentions of removing something valuable
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
finder after obtaining a title

11. Darst V. Interstate Brands Corp. regarding family and medical leave rights
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
can appeal - subject to new trial
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

12. Reasonable accommodation requirements by the ADA
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
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.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

13. In order to prove discrimination in hiring one has to prove?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
key words of a website that are used for search engines

14. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
members cannot give nationals favorable treatment
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

15. What is the determining issue when proving entrapment?
agreement permitting use of a trademark
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
record of such condition - being regarded as actually having a condition
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

16. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

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

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18. How is the right to use a trademark determined?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
who has been using it first or filed for it first
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

19. Secondary Meaning Example frosty treats
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
criticism - use in satire - news report - use to educate
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

20. Patents allow for the owner to?
another persons right to make limited use of another persons real property without taking anything away from the 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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

21. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
voluntarily parted with at the time - but then later tries to find it
conditional gifts that are only accepted upon the performance of marriage

22. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
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
10 years and it is renewable
cannot be tried again - no appeal

23. What conditions are covered by the family medical leave act?
members cannot give nationals favorable treatment
the corporation could have prevented such acts
birth - child placement - employee health - care for spouse - child - or parent - military duty
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

24. Engagement rings are considered to be?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
conditional gifts that are only accepted upon the performance of marriage
any party can terminate an employment arrangement at anytime no questions asked
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

25. Reverse discrimination example firefighters
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 motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property

26. Mens Rea
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
mental state or intent part 2 of 2 for determining criminal liability

27. What is can be considered trade dress?
must effectively try to acquire protection as well as keep the secret
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
distinctive decor - menu - style - service of an offering
generally the use of a software to perform a job or deliver product

28. Mail Fraud Act of 1990 is what?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
it is a federal crime to use the us postal service to defraud others on false pretenses
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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

29. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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

30. Arraignment is what?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
entry of a plea - guilty/ not guilty

31. 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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32. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
novel - useful - non obvious
owner of premise where it was found - after good title is acquired

33. Embezzlement
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
fraudulent miss-use of funds that have been entrusted to them
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

34. Fair use doctrine
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
cannot be tried again - no appeal
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
allows for use of copyrighted material under certain guidelines

35. 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
prohibits excessive bail and fines - cruel and unusual punishment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

36. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

37. What is a covenant of quiet enjoyment?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
a warranty that the buyer will not be disturbed in their possession of the land
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
sexual harassment is protected under title 7 because it effects genders differently in the workplace

38. Mail fraud act example senator?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
reverse engineer - go through garbage..

39. Trademark dilution
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
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
10 years and it is renewable

40. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
signed by hundreds of countries that establishes standards for the international protection of intellectual property
streamlines and standardizes the processes for applying for a trademark abroad
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. What must a deed possess to be valid?

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42. What are strong Marks?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
taking property away from the owner with the intent of permanently removing them of ownership
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

43. 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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
a warranty that the buyer will not be disturbed in their possession of the land

44. How long is a trademark protected? is it renewable
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
another persons right to make limited use of another persons real property without taking anything away from the property
novel - useful - non obvious

45. Cybersquatting
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

46. License in trademark law?
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
test is originality - lasts life of creator - protection is automatic
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
agreement permitting use of a trademark

47. Patent Requirements
novel - useful - non obvious
used by members of a cooperative organization to certify the quality of service or product
intent when attached and will item be damaged because of removal? hard to determine
secondary meaning

48. Country club case
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural 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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

49. Collective mark
used by members of a cooperative organization to certify the quality of service or product
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
treble damages
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

50. What happens when land is sold that is growing crops?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
crops is considered to be real property and should be considered in the sale of such property.
work for a company with more than 50 employees - employed for a year - and must try to give notice
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel