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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. Reverse discrimination example firefighters
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owners of secret must try and protect - destroy garbage
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

2. 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
entry of a plea - guilty/ not guilty
finder after obtaining a title
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

3. Money laundering
prohibits excessive bail and fines - cruel and unusual punishment
process of hiding the source of illegally acquired funds
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

4. Larceny
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
taking property away from the owner with the intent of permanently removing them of ownership

5. Counterfeiting example? regarding punishment
finder after obtaining a title
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
process of hiding the source of illegally acquired funds

6. In order to recieve protection what must one do?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
must effectively try to acquire protection as well as keep the secret

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

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8. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
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
ownership rights to property
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

9. Dominion
arises when customers begin to associate a specific term or phrase with specific trademarked items
reverse engineer - go through garbage..
a deed that transfers interest in a life estate from one to another
ownership rights to property

10. What composes RICO?
conditional gifts that are only accepted upon the performance of marriage
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
cannot be tried again - no appeal

11. What is the determining issue when proving entrapment?
ownership rights to property
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
race - sex - national origin - color - religion
mistake of fact

12. Fair labor standards act covers issues such as?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
hours of employment - conditions - age of workers
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
record of such condition - being regarded as actually having a condition

13. What is can be considered trade dress?
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
distinctive decor - menu - style - service of an offering

14. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
who has been using it first or filed for it first
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

15. Under the americans with disabilities act - when can a disability be discussed?

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16. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
breaking into a residence with the intent of performing a felony. this is a crime against property.
sufficient evidence
mistake of fact

17. What terminates an easement?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
key words of a website that are used for search engines
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

18. What kind of mistake can be used as criminal defense?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
novel - useful - non obvious
mistake of fact
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

19. What is the difference between real and personal property?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
10 years and it is renewable

20. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
distinctive decor - menu - style - service of an offering
agreement permitting use of a trademark

21. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
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
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property

22. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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23. Napster example?
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
members cannot give nationals favorable treatment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

24. What are strong Marks?
entry of a plea - guilty/ not guilty
sufficient evidence
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

25. Roman Catholic Church V. Prince Reality Management regarding a license?
record of such condition - being regarded as actually having a condition
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

26. License in trademark law?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
agreement permitting use of a trademark
key words of a website that are used for search engines

27. Are crops real property when they are sold?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
No - they are considered to be goods and is governed by the uniform commercial code
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
cannot be tried again - no appeal

28. 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
the property that will benefit from a profit
taking property away from the owner with the intent of permanently removing them of ownership
agreement permitting use of a trademark

29. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
streamlines and standardizes the processes for applying for a trademark abroad
owners of secret must try and protect - destroy garbage

30. The Berne Convention
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
any party can terminate an employment arrangement at anytime no questions asked
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

31. 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
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
mistake of fact
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.

32. What composes an 'at will doctrine'
secondary meaning
entry of a plea - guilty/ not guilty
any party can terminate an employment arrangement at anytime no questions asked
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

33. What are the requirements for adverse possession to be recognized?
criminal defense stating that a crime was necessary in preventing an even greater crime
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
possessor must take sole physical occupancy of the property - the possession must be made obvious - possession must be peaceful and exist for the needed amount of time - the possessor cannot have permission
if 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

34. Discrimination during the hiring process is acceptable when?
crops is considered to be real property and should be considered in the sale of such property.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
treble damages
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

35. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

36. Adverse possession
obtaining ownership by living on anothers property
birth - child placement - employee health - care for spouse - child - or parent - military duty
race - sex - national origin - color - religion
20 years from filing

37. Title VII protected categories?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
race - sex - national origin - color - religion
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

38. Difference between joint tenancy and tenancy in common?
intent - delivery - acceptance
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
obtaining ownership by living on anothers 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

39. 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
allows for use of copyrighted material under certain guidelines
criminal defense stating that a crime was necessary in preventing an even greater crime
the property that will benefit from a profit

40. Patent Requirements
must effectively try to acquire protection as well as keep the secret
novel - useful - non obvious
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

41. Copyright requirements
No - property gifts are common
birth - child placement - employee health - care for spouse - child - or parent - military duty
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
test is originality - lasts life of creator - protection is automatic

42. Derivative work
it is a federal crime to use the us postal service to defraud others on false pretenses
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

43. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
secondary meaning
multiple owners of real or personal property

44. Determining disability regarding with and without equipment?
10 years and it is renewable
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
voluntarily parted with at the time - but then later tries to find it
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

45. Duress criminal defense
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

46. Strong Marks Case Example

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47. Patents allow for the owner to?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the right to enter onto another persons property with the intentions of removing something valuable

48. 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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

49. Embezzlement
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
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
fraudulent miss-use of funds that have been entrusted to them
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

50. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
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