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Business Law Yale

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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 can be considered trade dress?
used by members of a cooperative organization to certify the quality of service or product
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
distinctive decor - menu - style - service of an offering
criticism - use in satire - news report - use to educate

2. What is a conveyance?
entry of a plea - guilty/ not guilty
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
a deed that transfers interest in a life estate from one to another
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

3. Determining disability regarding with and without equipment?
test is originality - lasts life of creator - protection is automatic
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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. License in trademark law?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
agreement permitting use of a trademark
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
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

5. Engagement rings are considered to be?
crops is considered to be real property and should be considered in the sale of such property.
No - property gifts are common
conditional gifts that are only accepted upon the performance of marriage
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

6. Adverse possession
obtaining ownership by living on anothers property
generally the use of a software to perform a job or deliver product
work for a company with more than 50 employees - employed for a year - and must try to give notice
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.

7. Are compilation of facts copyrightable? case example
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
obtaining ownership by living on anothers property

8. EEOC is responsible for doing what?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
taking property away from the owner with the intent of permanently removing them of ownership
members cannot give nationals favorable treatment

9. Mens Rea
document by which title to property is passed
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
mental state or intent part 2 of 2 for determining criminal liability
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

10. Are crops real property when they are sold?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
No - they are considered to be goods and is governed by the uniform commercial code
crops is considered to be real property and should be considered in the sale of such property.
members cannot give nationals favorable treatment

11. Constructive bailments are?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
streamlines and standardizes the processes for applying for a trademark abroad
conditional gifts that are only accepted upon the performance of marriage

12. Bailments are?
key words of a website that are used for search engines
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
property of one person rightfully in possession of another - custody

13. Duress criminal defense
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
members cannot give nationals favorable treatment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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.

14. What terminates an easement?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
treble damages

15. 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
arises when customers begin to associate a specific term or phrase with specific trademarked items
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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

16. How are trade secrets treated and protected?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
owners of secret must try and protect - destroy garbage
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

17. What composes RICO?
prohibits excessive bail and fines - cruel and unusual punishment
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
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
given exclusive possession and control over property - and knowingly accept responsibility

18. Mail fraud act example senator?
generally the use of a software to perform a job or deliver product
record of such condition - being regarded as actually having a condition
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

19. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
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
process of hiding the source of illegally acquired funds
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

20. Title VII protected categories?
race - sex - national origin - color - religion
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
test is originality - lasts life of creator - protection is automatic

21. What is protected expression?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

22. Remedies for patent infringement
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
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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

23. Meta tags
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
key words of a website that are used for search engines
who has been using it first or filed for it first

24. Sambucks vs. starbucks
it is a federal crime to use the us postal service to defraud others on false pretenses
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
offering someone who works at a different firm money for their trade secrets
voluntarily parted with at the time - but then later tries to find it

25. Counterfeiting example? regarding punishment
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 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
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
crops is considered to be real property and should be considered in the sale of such property.

26. Service mark
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
owners of secret must try and protect - destroy garbage
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

27. Certification mark
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
record of such condition - being regarded as actually having a condition
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
arises when customers begin to associate a specific term or phrase with specific trademarked items

28. Mistake of fact criminal defense example
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

29. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
generally the use of a software to perform a job or deliver product
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
voluntarily parted with at the time - but then later tries to find it

30. Money laundering
first person to invent not file for patent
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
hours of employment - conditions - age of workers
process of hiding the source of illegally acquired funds

31. Darst V. Interstate Brands Corp. regarding family and medical leave rights
sally would possess an easement in this case - the right to travel across property owner peter's land
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
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
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. Responsible corporate officer doctrine?
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
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

33. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
the right to enter onto another persons property with the intentions of removing something valuable
mistake of fact
distinctive decor - menu - style - service of an offering

34. Concurrent ownership
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
race - sex - national origin - color - religion
multiple owners of real or personal property
process of hiding the source of illegally acquired funds

35. Members of the TRIPS agreement cannot do what?
mental state or intent part 2 of 2 for determining criminal liability
members cannot give nationals favorable treatment
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

36. Cybersquatting
finder after obtaining a title
it rewards citizens for putting land to good use rather than just sitting on expanses of property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

37. What is a Deed
No - property gifts are 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
sufficient evidence
document by which title to property is passed

38. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
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

39. Under the americans with disabilities act - when can a disability be discussed?
crops is considered to be real property and should be considered in the sale of such property.
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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

40. How is the right to use a trademark determined?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
property of one person rightfully in possession of another - custody
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
who has been using it first or filed for it first

41. In order to prove discrimination in hiring one has to prove?
sufficient evidence
it rewards citizens for putting land to good use rather than just sitting on expanses of property
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

42. 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?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
arises when customers begin to associate a specific term or phrase with specific trademarked items
classic stone corp. owns a profit in gross - and cannot transfer this right to another
mistake of fact

43. How can you come to possess land through adverse possession?
No - property gifts are common
who has been using it first or filed for it first
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes

44. Tenancy in common
this for that - sexual favors - general conduct however one incident is not enough
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

45. Arrest requires
probable cause
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
secondary meaning
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

46. Generic terms can never have?
secondary meaning
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
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
sufficient evidence

47. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
any party can terminate an employment arrangement at anytime no questions asked
owners of secret must try and protect - destroy garbage

48. The madrid protocol accomplishes what?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
streamlines and standardizes the processes for applying for a trademark abroad
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

49. Commercial bribery example
cannot be tried again - no appeal
breaking into a residence with the intent of performing a felony. this is a crime against 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
offering someone who works at a different firm money for their trade secrets

50. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
intent when attached and will item be damaged because of removal? hard to determine
mental state or intent part 2 of 2 for determining criminal liability
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

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