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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. What are the requirements for making a gift an effective transfer of ownership?
members cannot give nationals favorable treatment
conditional gifts that are only accepted upon the performance of marriage
intent - delivery - acceptance
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

2. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
hours of employment - conditions - age of workers
mistake of fact

3. Mail fraud act example senator?
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
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
10 year period renewable
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

4. Example of an exception to the at will doctrine based on contract theory
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
multiple owners of real or personal property
criticism - use in satire - news report - use to educate
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

5. What is protected expression?
test is originality - lasts life of creator - protection is automatic
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
voluntarily parted with at the time - but then later tries to find it
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

6. Trademarks are good for? are they renewable
streamlines and standardizes the processes for applying for a trademark abroad
20 years from filing
10 year period renewable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

7. Trademark dilution
fraudulent miss-use of funds that have been entrusted to them
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

8. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
sally would possess an easement in this case - the right to travel across property owner peter's land
streamlines and standardizes the processes for applying for a trademark abroad

9. What is a Deed
document by which title to property is passed
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

10. What is a covenant of quiet enjoyment?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
a warranty that the buyer will not be disturbed in their possession of the land

11. What uses fall under the fair use doctrine?
any party can terminate an employment arrangement at anytime no questions asked
criticism - use in satire - news report - use to educate
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

12. Robbery
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
it rewards citizens for putting land to good use rather than just sitting on expanses of property
owners of secret must try and protect - destroy garbage

13. Outcome of a unanimous guilty verdict?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
No - but if they find any other reason - like you have been late often than you'll probably get fired
members cannot give nationals favorable treatment
can appeal - subject to new trial

14. 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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

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

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16. Embezzlement
work for a company with more than 50 employees - employed for a year - and must try to give notice
fraudulent miss-use of funds that have been entrusted to them
who has been using it first or filed for it first
test is originality - lasts life of creator - protection is automatic

17. Copyright requirements
test is originality - lasts life of creator - protection is automatic
intent - delivery - acceptance
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
conditional gifts that are only accepted upon the performance of marriage

18. What is an easement by implication?
No - they are considered to be goods and is governed by the uniform commercial code
voluntarily parted with at the time - but then later tries to find it
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
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

19. Are commercial flights permitted to fly over private property?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a physical or mental impairment that substantially limits one or more major life activities

20. Requirements of a bailement
secondary meaning
given exclusive possession and control over property - and knowingly accept responsibility
distinctive decor - menu - style - service of an offering
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

21. Workers comp and negligence

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22. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
sufficient evidence
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

23. Gold club corporate criminal liability example?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
document by which title to property is passed
owners of secret must try and protect - destroy garbage

24. Remedies for patent infringement
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
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
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

25. Money laundering
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
process of hiding the source of illegally acquired funds
it is a federal crime to use the us postal service to defraud others on false pretenses

26. George V restauration s.a. V. Little Rest Twelve licensing case example

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27. Dominion
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

28. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
owners of secret must try and protect - destroy garbage
the corporation could have prevented such acts
voluntarily parted with at the time - but then later tries to find it

29. In order to prove discrimination in hiring one has to prove?
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
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

30. 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
owners of secret must try and protect - destroy garbage
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

31. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
the right to enter onto another persons property with the intentions of removing something valuable
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
intent when attached and will item be damaged because of removal? hard to determine

32. Reasonable accommodation requirements by the ADA
obtaining ownership by living on anothers property
No - they are considered to be goods and is governed by the uniform commercial code
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
novel - useful - non obvious

33. Outcome of unanimous not guilty?
intent - delivery - acceptance
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
a physical or mental impairment that substantially limits one or more major life activities

34. Do Deeds require consideration to be valid?
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
this for that - sexual favors - general conduct however one incident is not enough
No - property gifts are common
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

35. Larceny
a physical or mental impairment that substantially limits one or more major life activities
10 years and it is renewable
taking property away from the owner with the intent of permanently removing them of ownership
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

36. What is legally a disability?
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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a physical or mental impairment that substantially limits one or more major life activities

37. What is a license considered to be in real property law?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

38. What are some criminal defenses
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
conditional gifts that are only accepted upon the performance of marriage

39. What conditions are covered by the family medical leave act?
secondary meaning
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
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

40. What is a conveyance?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a deed that transfers interest in a life estate from one to another
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
hours of employment - conditions - age of workers

41. Examples of collective marks
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

42. Triple amount of damages definition
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
owners of secret must try and protect - destroy garbage
treble damages
must effectively try to acquire protection as well as keep the secret

43. 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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

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

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45. Darst V. Interstate Brands Corp. regarding family and medical leave rights
another persons right to make limited use of another persons real property without taking anything away from the property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

46. In order to recieve protection what must one do?
crops is considered to be real property and should be considered in the sale of such property.
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
must effectively try to acquire protection as well as keep the secret
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

47. Roman Catholic Church V. Prince Reality Management regarding a license?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the property that is burdened by a profit
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

48. Mislaid property
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
distinctive decor - menu - style - service of an offering
voluntarily parted with at the time - but then later tries to find it

49. What protection does the 8th amendment provide?
distinctive decor - menu - style - service of an offering
prohibits excessive bail and fines - cruel and unusual punishment
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
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

50. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
fraudulent miss-use of funds that have been entrusted to them
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent