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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 is a covenant of quiet enjoyment?
hours of employment - conditions - age of workers
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
a warranty that the buyer will not be disturbed in their possession of the land
finder after obtaining a title

2. What is legally a disability?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
work for a company with more than 50 employees - employed for a year - and must try to give notice
generally the use of a software to perform a job or deliver product
a physical or mental impairment that substantially limits one or more major life activities

3. What are the requirements for adverse possession to be recognized?
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 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
the property that is burdened by a profit
agreement permitting use of a trademark

4. In real property law who is considered to be the servient estate?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
the property that is burdened by a profit

5. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
reverse engineer - go through garbage..
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
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

6. When property is found who gets property when it was abondoned?
fraudulent miss-use of funds that have been entrusted to them
intent when attached and will item be damaged because of removal? hard to determine
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
finder after obtaining a title

7. Difference between joint tenancy and tenancy in common?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
allows for use of copyrighted material under certain guidelines
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

8. Do Deeds require consideration to be valid?
taking property away from the owner with the intent of permanently removing them of ownership
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
No - property gifts are common
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

9. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
owner of premise where it was found - after good title is acquired
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

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

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11. Copyright requirements
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
test is originality - lasts life of creator - protection is automatic
prohibits excessive bail and fines - cruel and unusual punishment
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

12. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
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

13. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
mental state or intent part 2 of 2 for determining criminal liability
test is originality - lasts life of creator - protection is automatic
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

14. Country club case
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

15. Concurrent ownership
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
multiple owners of real or personal property
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
offering someone who works at a different firm money for their trade secrets

16. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
ownership rights to property
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

17. EEOC is responsible for doing what?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
former playmate of the year was granted the use of playboy and playmate meta tags because she did not suggest sponsorship and there are not sufficient synonymous terms
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

18. What is an implied warranty of habitability?
A deed that includes a number of covenants that gives the buyer the buyer the most protection. Affirms the buyer can easily possess what has been mentioned in the deed
work for a company with more than 50 employees - employed for a year - and must try to give notice
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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

19. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
a warranty that the buyer will not be disturbed in their possession of the land
the corporation could have prevented such acts
novel - useful - non obvious
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

20. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
novel - useful - non obvious
obtaining ownership by living on anothers property

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

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22. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
used by members of a cooperative organization to certify the quality of service or product
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

23. 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
criticism - use in satire - news report - use to educate
No - but if they find any other reason - like you have been late often than you'll probably get fired
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

24. 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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
allows for use of copyrighted material under certain guidelines
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

25. Examples of collective marks
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
mistake of fact

26. Sambucks vs. starbucks
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
criticism - use in satire - news report - use to educate
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
sexual harassment is protected under title 7 because it effects genders differently in the workplace

27. How long is a trademark protected? is it renewable
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
must effectively try to acquire protection as well as keep the secret
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
10 years and it is renewable

28. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

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29. What composes RICO?
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
finder after obtaining a title
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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?
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
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
record of such condition - being regarded as actually having a condition

31. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
process of hiding the source of illegally acquired funds
signed by hundreds of countries that establishes standards for the international protection of intellectual 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

32. Indictment requires
the right to enter onto another persons property with the intentions of removing something valuable
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the property that will benefit from a profit
sufficient evidence

33. Patent Requirements
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
novel - useful - non obvious
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

34. What kind of mistake can be used as criminal defense?
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
the property that will benefit from a profit
A deed that includes a number of covenants that gives the buyer the buyer the most protection. Affirms the buyer can easily possess what has been mentioned in the deed
mistake of fact

35. Derivative work
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
treble damages
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

36. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
novel - useful - non obvious
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

37. Napster example?
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
property of one person rightfully in possession of another - custody
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

38. Mail fraud act example senator?
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
streamlines and standardizes the processes for applying for a trademark abroad
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

39. Possible ruling interpretations for accession cases
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 physical or mental impairment that substantially limits one or more major life activities
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

40. Triple amount of damages definition
treble damages
who has been using it first or filed for it first
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
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

41. Reasonable accommodation requirements by the ADA
sufficient evidence
novel - useful - non obvious
signed by hundreds of countries that establishes standards for the international protection of intellectual property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

42. Title VII protected categories?
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
the property that will benefit from a profit
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
race - sex - national origin - color - religion

43. Facts to be used in the fair use standard are?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles 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
agreement permitting use of a trademark
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

44. Robbery
document by which title to property is passed
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
streamlines and standardizes the processes for applying for a trademark abroad

45. Drake V. Walton County regarding the county taking property
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.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
a deed that transfers interest in a life estate from one to another
No - they are considered to be goods and is governed by the uniform commercial code

46. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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.
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

47. Remedies for patent infringement
obtaining ownership by living on anothers property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

48. Trademarks are good for? are they renewable
arises when customers begin to associate a specific term or phrase with specific trademarked items
10 year period renewable
a physical or mental impairment that substantially limits one or more major life activities
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

49. In the united states who gets the patent if there is a conflict?
given exclusive possession and control over property - and knowingly accept responsibility
taking property away from the owner with the intent of permanently removing them of ownership
first person to invent not file for patent
race - sex - national origin - color - religion

50. 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
mistake of fact
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application