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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. Reverse discrimination example firefighters
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
taking property away from the owner with the intent of permanently removing them of ownership
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
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

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

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3. Possible ruling interpretations for accession cases
distinctive decor - menu - style - service of an offering
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
obtaining ownership by living on anothers property
must effectively try to acquire protection as well as keep the secret

4. How long are patents protected?
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
20 years from filing
used by members of a cooperative organization to certify the quality of service or product

5. What is a covenant of quiet enjoyment?
finder after obtaining a title
a warranty that the buyer will not be disturbed in their possession of the land
the right to enter onto another persons property with the intentions of removing something valuable
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

6. 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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

7. TRIPS agreement
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

8. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

9. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
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

10. Examples of collective marks
it rewards citizens for putting land to good use rather than just sitting on expanses of property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

11. Candyland example?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a physical or mental impairment that substantially limits one or more major life activities
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

12. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
reverse engineer - go through garbage..
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

13. In order to receive protection under the family medical leave act - one must?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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 one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

14. Attorney client privilege accomplishes what?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
record of such condition - being regarded as actually having a condition

15. EEOC is responsible for doing what?
record of such condition - being regarded as actually having a condition
it is a federal crime to use the us postal service to defraud others on false pretenses
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

16. KSR Internation V. Teleflex INC. regarding what is patentable?

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17. What is an easement by implication?
who has been using it first or filed for it first
intent when attached and will item be damaged because of removal? hard to determine
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

18. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
owner of premise where it was found - after good title is acquired
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a deed that transfers interest in a life estate from one to another

19. Sexual harassment is treated as what?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

20. Mislaid property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
voluntarily parted with at the time - but then later tries to find it
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

21. Age discrimination achieves what?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

22. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
streamlines and standardizes the processes for applying for a trademark abroad
hours of employment - conditions - age of workers
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

23. Tenancy in common
probable cause
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

24. Mistake of fact criminal defense example

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25. What kind of mistake can be used as criminal defense?
No - they are considered to be goods and is governed by the uniform commercial code
mistake of fact
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

26. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
a deed that transfers interest in a life estate from one to another
the property that will benefit from a profit
cannot be tried again - no appeal

27. The EEOC requires that victims do what before they hold employers liable?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

28. Remedies for patent infringement
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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

29. Embezzlement
race - sex - national origin - color - religion
a warranty that the buyer will not be disturbed in their possession of the land
fraudulent miss-use of funds that have been entrusted to them
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

30. How is the right to use a trademark determined?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
who has been using it first or filed for it first

31. Meta tags
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
the right to enter onto another persons property with the intentions of removing something valuable
key words of a website that are used for search engines

32. What are the requirements for adverse possession to be recognized?
key words of a website that are used for search engines
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
generally the use of a software to perform a job or deliver product

33. Indictment requires
sufficient evidence
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

34. Fair use doctrine
intent when attached and will item be damaged because of removal? hard to determine
given exclusive possession and control over property - and knowingly accept responsibility
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
allows for use of copyrighted material under certain guidelines

35. The Berne Convention
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
document by which title to property is passed
fraudulent miss-use of funds that have been entrusted to them

36. What are strong Marks?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
a warranty that the buyer will not be disturbed in their possession of the land

37. Estray statutes encourage what?
test is originality - lasts life of creator - protection is automatic
the right to enter onto another persons property with the intentions of removing something valuable
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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

38. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
10 years and it is renewable
arises when customers begin to associate a specific term or phrase with specific trademarked items
can appeal - subject to new trial

39. Cybersquatting
finder after obtaining a title
breaking into a residence with the intent of performing a felony. this is a crime against property.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
criticism - use in satire - news report - use to educate

40. Employers should handle hostile environments regarding protected members of title 7 by?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

41. What composes an 'at will doctrine'
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
any party can terminate an employment arrangement at anytime no questions asked
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability

42. Mail fraud act example senator?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
entry of a plea - guilty/ not guilty
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

43. How can you come to possess land through adverse possession?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

44. Facts to be used in the fair use standard are?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

45. Adverse possession
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
key words of a website that are used for search engines
obtaining ownership by living on anothers property

46. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
birth - child placement - employee health - care for spouse - child - or parent - military duty
entry of a plea - guilty/ not guilty
criminal defense stating that a crime was necessary in preventing an even greater crime

47. License in trademark law?
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
distinctive decor - menu - style - service of an offering
agreement permitting use of a trademark

48. Are crops real property when they are sold?
multiple owners of real or personal property
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
No - they are considered to be goods and is governed by the uniform commercial code
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

49. What is an easement by prescription?
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
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

50. Can you be fired for whistle blowing?

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