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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.
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. What is legally a disability?
generally the use of a software to perform a job or deliver product
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
a physical or mental impairment that substantially limits one or more major life activities

2. Commercial bribery example
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
offering someone who works at a different firm money for their trade secrets

3. Mail fraud act example senator?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

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

5. 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
mental state or intent part 2 of 2 for determining criminal liability
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
must effectively try to acquire protection as well as keep the secret

6. Money laundering
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
voluntarily parted with at the time - but then later tries to find it
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
process of hiding the source of illegally acquired funds

7. How is the right to use a trademark determined?
who has been using it first or filed for it first
it rewards citizens for putting land to good use rather than just sitting on expanses of property
possessor must take sole physical occupancy of the property - the possession must be made obvious - possession must be peaceful and exist for the needed amount of time - the possessor cannot have permission
secondary meaning

8. Derivative work
secondary meaning
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

9. What composes RICO?
No - property gifts are common
probable cause
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

10. Significance of coca-cola V. koke Co of America
it is a federal crime to use the us postal service to defraud others on false pretenses
intent when attached and will item be damaged because of removal? hard to determine
the property that is burdened by a profit
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

11. In real property law who is considered to be the servient estate?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
novel - useful - non obvious
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
the property that is burdened by a profit

12. How long is a trademark protected? is it renewable
10 years and it is renewable
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
property of one person rightfully in possession of another - custody
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

13. Business process patents involve?
must effectively try to acquire protection as well as keep the secret
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
generally the use of a software to perform a job or deliver product
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

14. In real property law who is considered to be the dominant estate?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
the property that will benefit from a profit
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
intent - delivery - acceptance

15. Arrest requires
any party can terminate an employment arrangement at anytime no questions asked
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
probable cause

16. Patent Requirements
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
novel - useful - non obvious
cannot be tried again - no appeal
allows for use of copyrighted material under certain guidelines

17. What is an implied warranty of habitability?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

18. Tenancy by the entirety - or community ownership
offering someone who works at a different firm money for their trade secrets
No - they are considered to be goods and is governed by the uniform commercial code
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

19. Gold club corporate criminal liability example?
first person to invent not file for patent
No - they are considered to be goods and is governed by the uniform commercial code
criticism - use in satire - news report - use to educate
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

20. Example of an exception to the at will doctrine based on tort theory
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
mistake of fact

21. 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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22. Joint tenancy
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
sexual harassment is protected under title 7 because it effects genders differently in the workplace

23. When property is found who gets property when it was abondoned?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
finder after obtaining a title
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
taking property away from the owner with the intent of permanently removing them of ownership

24. What uses fall under the fair use doctrine?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
criticism - use in satire - news report - use to educate
streamlines and standardizes the processes for applying for a trademark abroad
a deed that transfers interest in a life estate from one to another

25. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
10 year period renewable

26. What composes an 'at will doctrine'
probable cause
hours of employment - conditions - age of workers
any party can terminate an employment arrangement at anytime no questions asked
breaking into a residence with the intent of performing a felony. this is a crime against property.

27. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
secondary meaning
a deed that transfers interest in a life estate from one to another

28. What is a warranty deed?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
ownership rights to property
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

29. Indictment requires
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
sufficient evidence
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

30. Tenancy in common
sexual harassment is protected under title 7 because it effects genders differently in the workplace
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

31. Certification mark
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
novel - useful - non obvious
classic stone corp. owns a profit in gross - and cannot transfer this right to another
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

32. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
a warranty that the buyer will not be disturbed in their possession of the land
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

33. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
streamlines and standardizes the processes for applying for a trademark abroad
20 years from filing
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

34. Sambucks vs. starbucks
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
treble damages
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

35. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
the right to enter onto another persons property with the intentions of removing something valuable
prohibits excessive bail and fines - cruel and unusual punishment
criminal defense stating that a crime was necessary in preventing an even greater crime

36. Special Bailments
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

37. The EEOC requires that victims do what before they hold employers liable?
probable cause
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 be tried again - no appeal
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

38. Outcome of a unanimous guilty verdict?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
can appeal - subject to new trial
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
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

39. Fair use doctrine
allows for use of copyrighted material under certain guidelines
must effectively try to acquire protection as well as keep the secret
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

40. What determines likeliness of confusion?
voluntarily parted with at the time - but then later tries to find it
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
fraudulent miss-use of funds that have been entrusted to them
treble damages

41. Trademarks are good for? are they renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
10 year period renewable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

42. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
fraudulent miss-use of funds that have been entrusted to them
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
mental state or intent part 2 of 2 for determining criminal liability

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

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44. Meta tag example about terri welles
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
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

45. What is an easement by prescription?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
agreement permitting use of a trademark
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

46. Remedies for patent infringement
ownership rights to property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

47. Generic terms can never have?
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
secondary meaning
breaking into a residence with the intent of performing a felony. this is a crime against property.
ownership rights to property

48. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
agreement permitting use of a trademark
distinctive decor - menu - style - service of an offering

49. Employers should handle hostile environments regarding protected members of title 7 by?
the right to enter onto another persons property with the intentions of removing something valuable
race - sex - national origin - color - religion
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

50. What is the result of a mistrial or a hung jury?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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