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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 the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a deed that transfers interest in a life estate from one to another
intent - delivery - acceptance
used by members of a cooperative organization to certify the quality of service or product

2. 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?
conditional gifts that are only accepted upon the performance of marriage
20 years from filing
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

3. Mail Fraud Act of 1990 is what?
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 property that is burdened by a profit
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
it is a federal crime to use the us postal service to defraud others on false pretenses

4. Significance of coca-cola V. koke Co of America
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
probable cause
who has been using it first or filed for it first
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

5. Example of an exception to the at will doctrine based on contract theory
criminal defense stating that a crime was necessary in preventing an even greater crime
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
a warranty that the buyer will not be disturbed in their possession of the land
voluntarily parted with at the time - but then later tries to find it

6. When property is found who gets property when it was abondoned?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
this for that - sexual favors - general conduct however one incident is not enough
finder after obtaining a title
10 years and it is renewable

7. Gold club corporate criminal liability example?
arises when customers begin to associate a specific term or phrase with specific trademarked items
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

8. Derivative work
taking property away from the owner with the intent of permanently removing them of ownership
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
multiple owners of real or personal property
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

9. How can you come to possess land through adverse possession?
work for a company with more than 50 employees - employed for a year - and must try to give notice
entry of a plea - guilty/ not guilty
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
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

10. Collective mark
treble damages
used by members of a cooperative organization to certify the quality of service or product
conditional gifts that are only accepted upon the performance of marriage
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

11. 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
ownership rights to property
allows for use of copyrighted material under certain guidelines
conditional gifts that are only accepted upon the performance of marriage

12. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

13. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
secondary meaning
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

14. Commercial bribery example
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
intent when attached and will item be damaged because of removal? hard to determine
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
offering someone who works at a different firm money for their trade secrets

15. Fair use is limited to?
a warranty that the buyer will not be disturbed in their possession of the land
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
birth - child placement - employee health - care for spouse - child - or parent - military duty

16. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
process of hiding the source of illegally acquired funds
record of such condition - being regarded as actually having a condition

17. What uses fall under the fair use doctrine?
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
ownership rights to property
criticism - use in satire - news report - use to educate

18. Napster example?
multiple owners of real or personal property
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the right to enter onto another persons property with the intentions of removing something valuable
agreement permitting use of a trademark

19. Are commercial flights permitted to fly over private property?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

20. What is the result of a mistrial or a hung jury?
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
10 years and it is renewable
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
treble damages

21. What must a deed possess to be valid?

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22. What determines likeliness of confusion?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res

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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

24. Meta tags
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
key words of a website that are used for search engines

25. The WARN act calls for what?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

26. Possible ruling interpretations for accession cases
fraudulent miss-use of funds that have been entrusted to them
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
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
20 years from filing

27. What is a warranty deed?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
allows for use of copyrighted material under certain guidelines

28. Burglary
obtaining ownership by living on anothers property
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
the property that is burdened by a profit
breaking into a residence with the intent of performing a felony. this is a crime against property.

29. Do Deeds require consideration to be valid?
probable cause
No - property gifts are common
it is a federal crime to use the us postal service to defraud others on false pretenses
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

30. Is it a fixture?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
intent when attached and will item be damaged because of removal? hard to determine
offering someone who works at a different firm money for their trade secrets

31. License in trademark law?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
arises when customers begin to associate a specific term or phrase with specific trademarked items
agreement permitting use of a trademark
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

32. What is an easement?
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
another persons right to make limited use of another persons real property without taking anything away from the property

33. Adverse possession
fraudulent miss-use of funds that have been entrusted to them
obtaining ownership by living on anothers property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
intent when attached and will item be damaged because of removal? hard to determine

34. In order to prove discrimination in hiring one has to prove?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
probable cause
hours of employment - conditions - age of workers
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

35. Steps to determining trademark infringement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
secondary meaning

36. Mislaid property
10 years and it is renewable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
voluntarily parted with at the time - but then later tries to find it
the right to enter onto another persons property with the intentions of removing something valuable

37. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
voluntarily parted with at the time - but then later tries to find it
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

38. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
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
owners of secret must try and protect - destroy garbage

39. Concurrent ownership
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the property that is burdened by a profit
mental state or intent part 2 of 2 for determining criminal liability
multiple owners of real or personal property

40. Sexual harassment is treated as what?
agreement permitting use of a trademark
sexual harassment is protected under title 7 because it effects genders differently in the workplace
this for that - sexual favors - general conduct however one incident is not enough
must effectively try to acquire protection as well as keep the secret

41. Estray statutes encourage what?
encourage finders to report lost property and sufficiently try to return property - if comply results in good title and ownership even if claimed in the future
secondary meaning
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
intent when attached and will item be damaged because of removal? hard to determine

42. What are some criminal defenses
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

43. What could be considered as sexual harassment in the work place
sexual harassment is protected under title 7 because it effects genders differently in the workplace
the property that will benefit from a profit
this for that - sexual favors - general conduct however one incident is not enough
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

44. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
criticism - use in satire - news report - use to educate
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
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
the corporation could have prevented such acts

45. EEOC is responsible for doing what?
given exclusive possession and control over property - and knowingly accept responsibility
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
mistake of fact

46. How long is a trademark protected? is it renewable
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
members cannot give nationals favorable treatment
any party can terminate an employment arrangement at anytime no questions asked
10 years and it is renewable

47. Workers comp and negligence

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48. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea
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

49. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
classic stone corp. owns a profit in gross - and cannot transfer this right to another
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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

50. In order to receive protection under the family medical leave act - one must?
birth - child placement - employee health - care for spouse - child - or parent - military duty
cannot be tried again - no appeal
work for a company with more than 50 employees - employed for a year - and must try to give notice
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book