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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. Strong Marks Case Example

2. Certification mark
secondary meaning
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

3. Bailments are?
property of one person rightfully in possession of another - custody
owners of secret must try and protect - destroy garbage
race - sex - national origin - color - religion
the right to enter onto another persons property with the intentions of removing something valuable

4. What could be considered as sexual harassment in the work place
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
this for that - sexual favors - general conduct however one incident is not enough
reverse engineer - go through garbage..

5. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
secondary meaning
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

6. How long is a copyright protected? for a corporation?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

7. Drake V. Walton County regarding the county taking property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
birth - child placement - employee health - care for spouse - child - or parent - military duty
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.
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

8. What terminates an easement?
reverse engineer - go through garbage..
owners of secret must try and protect - destroy garbage
secondary meaning
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

9. Business process patents involve?
criticism - use in satire - news report - use to educate
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
reverse engineer - go through garbage..

10. How can someone legally acquire trade secrets?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
signed by hundreds of countries that establishes standards for the international protection of intellectual property
reverse engineer - go through garbage..
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

11. Are crops real property when they are sold?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
cannot be tried again - no appeal
No - they are considered to be goods and is governed by the uniform commercial code

12. What kind of mistake can be used as criminal defense?
mistake of fact
owners of secret must try and protect - destroy garbage
used by members of a cooperative organization to certify the quality of service or product
sexual harassment is protected under title 7 because it effects genders differently in the workplace

13. What determines likeliness of confusion?
owner of premise where it was found - after good title is acquired
any party can terminate an employment arrangement at anytime no questions asked
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

14. 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?

15. How can you come to possess land through adverse possession?
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
document by which title to property is passed
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

16. Money laundering
No - but if they find any other reason - like you have been late often than you'll probably get fired
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
process of hiding the source of illegally acquired funds

17. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
obtaining ownership by living on anothers property
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

18. Employers should handle hostile environments regarding protected members of title 7 by?
can appeal - subject to new trial
10 year period renewable
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

19. What are the requirements for adverse possession to be recognized?
first person to invent not file for patent
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
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
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

20. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
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.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

21. Service mark
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
classic stone corp. owns a profit in gross - and cannot transfer this right to another
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

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

23. What composes an 'at will doctrine'
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
voluntarily parted with at the time - but then later tries to find it
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
any party can terminate an employment arrangement at anytime no questions asked

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
mistake of fact
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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

25. Discrimination during the hiring process is acceptable when?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

26. How are trade secrets treated and protected?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
owners of secret must try and protect - destroy garbage
the property that is burdened by a profit

27. Outcome of unanimous not guilty?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the property that will benefit from a profit
cannot be tried again - no appeal
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

28. Do Deeds require consideration to be valid?
No - property gifts are common
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
distinctive decor - menu - style - service of an offering
used by members of a cooperative organization to certify the quality of service or product

29. Roman Catholic Church V. Prince Reality Management regarding a license?
multiple owners of real or personal property
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

30. Trademarks are good for? are they renewable
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
10 year period renewable
multiple owners of real or personal property

31. What uses fall under the fair use doctrine?
taking property away from the owner with the intent of permanently removing them of ownership
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
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.
criticism - use in satire - news report - use to educate

32. Significance of coca-cola V. koke Co of America
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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
criticism - use in satire - news report - use to educate

33. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
it is a federal crime to use the us postal service to defraud others on false pretenses
criminal defense stating that a crime was necessary in preventing an even greater crime
entry of a plea - guilty/ not guilty

34. Example of how an idea can be inseparable from its expression

35. Remedies for patent infringement
mistake of fact
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
secondary meaning

36. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
process of hiding the source of illegally acquired funds
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

37. 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?
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
ownership rights to property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

38. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
the corporation could have prevented such acts
this for that - sexual favors - general conduct however one incident is not enough

39. Generic terms can never have?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
secondary meaning
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

40. Requirements of a bailement
a physical or mental impairment that substantially limits one or more major life activities
given exclusive possession and control over property - and knowingly accept responsibility
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
agreement permitting use of a trademark

41. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 years and it is renewable
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

42. Burglary
the property that is burdened by a profit
criminal defense stating that a crime was necessary in preventing an even greater crime
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
breaking into a residence with the intent of performing a felony. this is a crime against property.

43. Tenancy in common
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles 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
cannot be tried again - no appeal

44. What is a warranty deed?
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
given exclusive possession and control over property - and knowingly accept responsibility
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
test is originality - lasts life of creator - protection is automatic

45. Determining disability regarding with and without equipment?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
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

46. Mail fraud act example senator?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
multiple owners of real or personal property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

47. How long is a trademark protected? is it renewable
this for that - sexual favors - general conduct however one incident is not enough
10 years and it is renewable
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

48. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
hours of employment - conditions - age of workers
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

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

50. What is a Deed
10 years and it is renewable
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
document by which title to property is passed