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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. Drake V. Walton County regarding the county taking property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
sufficient evidence
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.
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

2. Country club case
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
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 warranty that the buyer will not be disturbed in their possession of the land
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

3. When property is found who gets property when it was abondoned?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
No - but if they find any other reason - like you have been late often than you'll probably get fired
finder after obtaining a title

4. Arrest requires
a deed that transfers interest in a life estate from one to another
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
probable cause

5. What is can be considered trade dress?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
distinctive decor - menu - style - service of an offering
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

6. EEOC is responsible for doing what?
process of hiding the source of illegally acquired funds
can appeal - subject to new trial
probable cause
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

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
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
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.
criticism - use in satire - news report - use to educate

8. What is a conveyance?
a deed that transfers interest in a life estate from one to another
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
voluntarily parted with at the time - but then later tries to find it
arises when customers begin to associate a specific term or phrase with specific trademarked items

9. How long are patents protected?
20 years from filing
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
hours of employment - conditions - age of workers
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

10. What determines likeliness of confusion?
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
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

11. Adverse possession
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
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
obtaining ownership by living on anothers property
it rewards citizens for putting land to good use rather than just sitting on expanses of property

12. In order for a disability to be legally recognized what must exist?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
record of such condition - being regarded as actually having a condition
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

13. Attorney client privilege accomplishes what?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
birth - child placement - employee health - care for spouse - child - or parent - military duty
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

14. Fair labor standards act covers issues such as?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
ownership rights to property
it is a federal crime to use the us postal service to defraud others on false pretenses
hours of employment - conditions - age of workers

15. Service mark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
10 year period renewable
prohibits excessive bail and fines - cruel and unusual punishment

16. In real property law who is considered to be the dominant estate?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the property that will benefit from a profit
intent - delivery - acceptance
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

17. When property is found that was mislaid who owns it?
offering someone who works at a different firm money for their trade secrets
owner of premise where it was found - after good title is acquired
allows for use of copyrighted material under certain guidelines
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

18. 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
multiple owners of real or personal property
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
who has been using it first or filed for it first

19. Reverse discrimination example firefighters
test is originality - lasts life of creator - protection is automatic
mistake of fact
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

20. Patent Requirements
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
a deed that transfers interest in a life estate from one to another
novel - useful - non obvious
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

21. Are compilation of facts copyrightable? case example
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
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

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

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23. Mislaid property
taking property away from the owner with the intent of permanently removing them of ownership
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
voluntarily parted with at the time - but then later tries to find it
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

24. What is the determining issue when proving entrapment?
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
test is originality - lasts life of creator - protection is automatic
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

25. Do Deeds require consideration to be valid?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
No - property gifts are common
mistake of fact
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

26. In order to prove discrimination in hiring one has to prove?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
fraudulent miss-use of funds that have been entrusted to them
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

27. 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?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
another persons right to make limited use of another persons real property without taking anything away from the property
offering someone who works at a different firm money for their trade secrets

28. What is a Deed
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
document by which title to property is passed
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

29. Tenancy in common
crops is considered to be real property and should be considered in the sale of such property.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning
a warranty that the buyer will not be disturbed in their possession of the land

30. Reasonable accommodation requirements by the ADA
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
it rewards citizens for putting land to good use rather than just sitting on expanses of property
probable cause
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

31. Mistake of fact criminal defense example

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32. What must a deed possess to be valid?

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33. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
No - property gifts are common
record of such condition - being regarded as actually having a condition
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

34. What are strong Marks?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
owner of premise where it was found - after good title is acquired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

35. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
reverse engineer - go through garbage..
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
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

36. Patents allow for the owner to?
probable cause
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

37. Roman Catholic Church V. Prince Reality Management regarding a license?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
streamlines and standardizes the processes for applying for a trademark abroad
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

38. Trademark dilution
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

39. Employers should handle hostile environments regarding protected members of title 7 by?
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
entry of a plea - guilty/ not guilty
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

40. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
any party can terminate an employment arrangement at anytime no questions asked
streamlines and standardizes the processes for applying for a trademark abroad

41. Are crops real property when they are sold?
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
20 years from filing
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
No - they are considered to be goods and is governed by the uniform commercial code

42. Fair use doctrine
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
allows for use of copyrighted material under certain guidelines
it is a federal crime to use the us postal service to defraud others on false pretenses
finder after obtaining a title

43. What is the result of a mistrial or a hung jury?
finder after obtaining a title
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
criticism - use in satire - news report - use to educate

44. Members of the TRIPS agreement cannot do what?
process of hiding the source of illegally acquired funds
intent when attached and will item be damaged because of removal? hard to determine
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
members cannot give nationals favorable treatment

45. Responsible corporate officer doctrine?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
a deed that transfers interest in a life estate from one to another

46. In order to recieve protection what must one do?
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
must effectively try to acquire protection as well as keep the secret
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

47. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
first person to invent not file for patent
cannot be tried again - no appeal
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

48. Constructive bailments are?

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49. What composes RICO?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

50. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
process of hiding the source of illegally acquired funds
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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