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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. Tenancy by the entirety - or community ownership
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
any party can terminate an employment arrangement at anytime no questions asked
must effectively try to acquire protection as well as keep the secret

2. Collective mark
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
used by members of a cooperative organization to certify the quality of service or product
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
record of such condition - being regarded as actually having a condition

3. 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
10 years and it is renewable
a warranty that the buyer will not be disturbed in their possession of the land
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

4. Copyright requirements
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
reverse engineer - go through garbage..
test is originality - lasts life of creator - protection is automatic
record of such condition - being regarded as actually having a condition

5. What is a profit under real property law?
can appeal - subject to new trial
mental state or intent part 2 of 2 for determining criminal liability
the right to enter onto another persons property with the intentions of removing something valuable
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

6. Estray statutes encourage what?
key words of a website that are used for search engines
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
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
a deed that transfers interest in a life estate from one to another

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

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8. How can someone legally acquire trade secrets?
given exclusive possession and control over property - and knowingly accept responsibility
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
reverse engineer - go through garbage..
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

9. What is an easement?
can appeal - subject to new trial
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
another persons right to make limited use of another persons real property without taking anything away from the property
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

10. Fair labor standards act covers issues such as?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
this for that - sexual favors - general conduct however one incident is not enough
hours of employment - conditions - age of workers

11. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
test is originality - lasts life of creator - protection is automatic
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

12. What is the result of a mistrial or a hung jury?
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
must effectively try to acquire protection as well as keep the secret

13. What are the requirements for adverse possession to be recognized?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
secondary meaning
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
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

14. Indictment requires
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
the right to enter onto another persons property with the intentions of removing something valuable
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
sufficient evidence

15. Arrest requires
probable cause
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
reverse engineer - go through garbage..
No - but if they find any other reason - like you have been late often than you'll probably get fired

16. Derivative work
can appeal - subject to new trial
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

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

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18. Strong Marks Case Example

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19. 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
10 year period renewable
sally would possess an easement in this case - the right to travel across property owner peter's land
sexual harassment is protected under title 7 because it effects genders differently in the workplace

20. What is a job offer?
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
cannot be tried again - no appeal

21. Title VII prevents discrimination in?

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22. Possible ruling interpretations for accession cases
criminal defense stating that a crime was necessary in preventing an even greater crime
key words of a website that are used for search engines
test is originality - lasts life of creator - protection is automatic
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

23. Adverse possession
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
obtaining ownership by living on anothers property
entry of a plea - guilty/ not guilty

24. What composes RICO?
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
a deed that transfers interest in a life estate from one to another
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

25. Arraignment is what?
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
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
entry of a plea - guilty/ not guilty
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

26. Burglary
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
breaking into a residence with the intent of performing a felony. this is a crime against property.
members cannot give nationals favorable treatment
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

27. Discrimination during the hiring process is acceptable when?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
must effectively try to acquire protection as well as keep the secret

28. 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
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

29. Cybersquatting
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
used by members of a cooperative organization to certify the quality of service or product
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
criminal defense stating that a crime was necessary in preventing an even greater crime

30. TRIPS agreement
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
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

31. The EEOC requires that victims do what before they hold employers liable?
entry of a plea - guilty/ not guilty
10 years and it is renewable
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

32. The Berne Convention
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

33. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the property that is burdened by a profit
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
given exclusive possession and control over property - and knowingly accept responsibility

34. Necessity defense
must effectively try to acquire protection as well as keep the secret
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
criminal defense stating that a crime was necessary in preventing an even greater crime
treble damages

35. What is an easement by implication?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
taking property away from the owner with the intent of permanently removing them of 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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

36. Fair use is limited to?
generally the use of a software to perform a job or deliver product
used by members of a cooperative organization to certify the quality of service or product
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

37. Trademarks are good for? are they renewable
10 year period renewable
owner of premise where it was found - after good title is acquired
first person to invent not file for patent
a warranty that the buyer will not be disturbed in their possession of the land

38. How are trade secrets treated and protected?
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
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.
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

39. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

40. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
allows for use of copyrighted material under certain guidelines
fraudulent miss-use of funds that have been entrusted to them
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

41. Larceny
birth - child placement - employee health - care for spouse - child - or parent - military duty
key words of a website that are used for search engines
taking property away from the owner with the intent of permanently removing them of ownership
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

42. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
sexual harassment is protected under title 7 because it effects genders differently in the workplace
it is a federal crime to use the us postal service to defraud others on false pretenses
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

43. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
mental state or intent part 2 of 2 for determining criminal liability
secondary meaning

44. Napster example?
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
multiple owners of real or personal property

45. What is an implied warranty of habitability?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
prohibits excessive bail and fines - cruel and unusual punishment
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

46. Reverse discrimination example firefighters
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
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
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

47. Attorney client privilege accomplishes what?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

48. Significance of coca-cola V. koke Co of America
the right to enter onto another persons property with the intentions of removing something valuable
secondary meaning
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
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

49. Requirements of a bailement
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
10 years and it is renewable
given exclusive possession and control over property - and knowingly accept responsibility

50. What are the requirements for making a gift an effective transfer of ownership?
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
intent - delivery - acceptance
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
secondary meaning