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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. Indictment requires
sexual harassment is protected under title 7 because it effects genders differently in the workplace
can appeal - subject to new trial
sufficient evidence
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

2. Patent Requirements
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
sally would possess an easement in this case - the right to travel across property owner peter's land
novel - useful - non obvious
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

3. Copyright requirements
test is originality - lasts life of creator - protection is automatic
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
allows for use of copyrighted material under certain guidelines
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

4. What protection does the 6th amendment provide?
20 years from filing
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

5. Fair use doctrine
allows for use of copyrighted material under certain guidelines
the property that is burdened by a profit
10 years and it is renewable
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

6. What determines likeliness of confusion?
taking property away from the owner with the intent of permanently removing them of ownership
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
test is originality - lasts life of creator - protection is automatic

7. Fair use is limited to?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
property of one person rightfully in possession of another - custody
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

8. In order to receive protection under the family medical leave act - one must?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

9. Duress criminal defense
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
crops is considered to be real property and should be considered in the sale of such property.
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

10. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
First likeliness of confusion of the source of the product will be questioned - if there is no likeliness of confusion - then the court will determine if the existence of a similar trademark dilutes the value of the other that has filed first
probable cause
a warranty that the buyer will not be disturbed in their possession of the land

11. Arrest requires
probable cause
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
use of illegal income to purchase interest in an enterprise - acquire or maintain interest in an enterprise through the use of racketeering - conduct in activity of an enterprise through racketeering - pattern 2 acts of racketeering or any crime with
arises when customers begin to associate a specific term or phrase with specific trademarked items

12. Dominion
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
ownership rights to property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

13. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
any party can terminate an employment arrangement at anytime no questions asked
taking property away from the owner with the intent of permanently removing them of ownership

14. Estray statutes encourage what?
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
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
multiple owners of real or personal property
streamlines and standardizes the processes for applying for a trademark abroad

15. 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?
hours of employment - conditions - age of workers
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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

16. Robbery
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
finder after obtaining a title
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

17. Purpose of criminal penalties?
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
key words of a website that are used for search engines
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

18. Country club case
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

19. Engagement rings are considered to be?
breaking into a residence with the intent of performing a felony. this is a crime against property.
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
conditional gifts that are only accepted upon the performance of marriage
ownership rights to property

20. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
obtaining ownership by living on anothers property
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

21. What could be considered as sexual harassment in the work place
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
this for that - sexual favors - general conduct however one incident is not enough
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

22. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

23. What is Actus Reus
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

24. What is protected expression?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
classic stone corp. owns a profit in gross - and cannot transfer this right to another
race - sex - national origin - color - religion
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

25. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
a warranty that the buyer will not be disturbed in their possession of the land
finder after obtaining a title
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

26. 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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
fraudulent miss-use of funds that have been entrusted to them

27. What is a covenant of quiet enjoyment?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
first person to invent not file for patent
a warranty that the buyer will not be disturbed in their possession of the land
sally would possess an easement in this case - the right to travel across property owner peter's land

28. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
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
a physical or mental impairment that substantially limits one or more major life activities
criticism - use in satire - news report - use to educate

29. Outcome of unanimous not guilty?
10 year period renewable
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee
cannot be tried again - no appeal

30. Mistake of fact criminal defense example

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31. Napster example?
document by which title to property is passed
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
obtaining ownership by living on anothers property

32. EEOC is responsible for doing what?
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
another persons right to make limited use of another persons real property without taking anything away from the property

33. Are commercial flights permitted to fly over private property?
work for a company with more than 50 employees - employed for a year - and must try to give notice
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
multiple owners of real or personal property

34. How is the right to use a trademark determined?
who has been using it first or filed for it first
owners of secret must try and protect - destroy garbage
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

35. How can someone legally acquire trade secrets?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
reverse engineer - go through garbage..
arises when customers begin to associate a specific term or phrase with specific trademarked items
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

36. Burglary
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
agreement permitting use of a trademark
intent when attached and will item be damaged because of removal? hard to determine
breaking into a residence with the intent of performing a felony. this is a crime against property.

37. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

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

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39. Necessity defense
voluntarily parted with at the time - but then later tries to find it
crops is considered to be real property and should be considered in the sale of such property.
criminal defense stating that a crime was necessary in preventing an even greater crime
test is originality - lasts life of creator - protection is automatic

40. What is a conveyance?
first person to invent not file for patent
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

41. Significance of coca-cola V. koke Co of America
novel - useful - non obvious
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

42. Reverse discrimination example firefighters
race - sex - national origin - color - religion
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
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
owners of secret must try and protect - destroy garbage

43. The madrid protocol accomplishes what?
crops is considered to be real property and should be considered in the sale of such property.
streamlines and standardizes the processes for applying for a trademark abroad
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
10 years and it is renewable

44. What conditions are covered by the family medical leave act?
multiple owners of real or personal property
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
birth - child placement - employee health - care for spouse - child - or parent - military duty
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

45. What must a deed possess to be valid?

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46. What is a license considered to be in real property law?
the property that will benefit from a profit
document by which title to property is passed
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
hours of employment - conditions - age of workers

47. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

48. How long are patents protected?
voluntarily parted with at the time - but then later tries to find it
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
a warranty that the buyer will not be disturbed in their possession of the land
20 years from filing

49. Meta tag example about terri welles
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
used by members of a cooperative organization to certify the quality of service or product
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
test is originality - lasts life of creator - protection is automatic

50. Service mark
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
key words of a website that are used for search engines
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a warranty that the buyer will not be disturbed in their possession of the land