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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. Title VII protected categories?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
race - sex - national origin - color - religion
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

2. What is an easement by prescription?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

3. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
multiple owners of real or personal property

4. 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
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
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
obtaining ownership by living on anothers property

5. What is a covenant of quiet enjoyment?
the property that will benefit from a profit
treble damages
obtaining ownership by living on anothers property
a warranty that the buyer will not be disturbed in their possession of the land

6. Meta tag example about terri welles
20 years from filing
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

7. Embezzlement
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
fraudulent miss-use of funds that have been entrusted to them
No - they are considered to be goods and is governed by the uniform commercial code
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

8. When property is found who gets property when it was abondoned?
finder after obtaining a title
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
novel - useful - non obvious
breaking into a residence with the intent of performing a felony. this is a crime against property.

9. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
race - sex - national origin - color - religion
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

10. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
race - sex - national origin - color - religion

11. Can you be fired for whistle blowing?

12. What are strong Marks?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
10 year period renewable
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

13. How can someone legally acquire trade secrets?
must effectively try to acquire protection as well as keep the secret
reverse engineer - go through garbage..
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sufficient evidence

14. What is legally a disability?
crops is considered to be real property and should be considered in the sale of such property.
a physical or mental impairment that substantially limits one or more major life activities
any party can terminate an employment arrangement at anytime no questions asked
reverse engineer - go through garbage..

15. Country club case
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
the property that is burdened by a profit
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
secondary meaning

16. Gold club corporate criminal liability example?
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
entry of a plea - guilty/ not guilty
a deed that transfers interest in a life estate from one to another
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

17. Triple amount of damages definition
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
treble damages
a deed that transfers interest in a life estate from one to another
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

18. Trademarks are good for? are they renewable
used by members of a cooperative organization to certify the quality of service or product
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
10 year period renewable
any party can terminate an employment arrangement at anytime no questions asked

19. Mens Rea
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
20 years from filing
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
mental state or intent part 2 of 2 for determining criminal liability

20. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
reverse engineer - go through garbage..
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

21. Attorney client privilege accomplishes what?
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
probable cause

22. In order to recieve protection what must one do?
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
must effectively try to acquire protection as well as keep the secret
obtaining ownership by living on anothers property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

23. Patents allow for the owner to?
No - property gifts are common
hours of employment - conditions - age of workers
20 years from filing
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

24. What terminates an easement?
multiple owners of real or personal property
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

25. Arraignment is what?
probable cause
entry of a plea - guilty/ not guilty
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

26. The EEOC requires that victims do what before they hold employers liable?
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
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
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
mental state or intent part 2 of 2 for determining criminal liability

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

28. Meta tags
key words of a website that are used for search engines
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
arises when customers begin to associate a specific term or phrase with specific trademarked items
novel - useful - non obvious

29. 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?

30. What composes an 'at will doctrine'
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
any party can terminate an employment arrangement at anytime no questions asked

31. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
it is a federal crime to use the us postal service to defraud others on false pretenses
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

32. Joint tenancy
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
20 years from filing

33. What determines likeliness of confusion?
test is originality - lasts life of creator - protection is automatic
agreement permitting use of a trademark
No - they are considered to be goods and is governed by the uniform commercial code
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

34. Tenancy in common
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
key words of a website that are used for search engines

35. Mail Fraud Act of 1990 is what?
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
property of one person rightfully in possession of another - custody
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
it is a federal crime to use the us postal service to defraud others on false pretenses

36. What is Actus Reus
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
criticism - use in satire - news report - use to educate

37. How long are patents protected?
20 years from filing
generally the use of a software to perform a job or deliver product
No - but if they find any other reason - like you have been late often than you'll probably get fired
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

38. What is a warranty deed?
allows for use of copyrighted material under certain guidelines
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

39. Sexual harassment is treated as what?
taking property away from the owner with the intent of permanently removing them of ownership
must effectively try to acquire protection as well as keep the secret
sexual harassment is protected under title 7 because it effects genders differently in the workplace
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

40. 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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
owner of premise where it was found - after good title is acquired
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

41. How long is a copyright protected? for a corporation?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
intent - delivery - acceptance
10 years and it is renewable
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

42. Steps to determining trademark infringement?
20 years from filing
mental state or intent part 2 of 2 for determining criminal liability
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
test is originality - lasts life of creator - protection is automatic

43. Engagement rings are considered to be?
the corporation could have prevented such acts
conditional gifts that are only accepted upon the performance of marriage
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
classic stone corp. owns a profit in gross - and cannot transfer this right to another

44. Outcome of unanimous not guilty?
cannot be tried again - no appeal
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
another persons right to make limited use of another persons real property without taking anything away from the property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

45. What is an easement?
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
another persons right to make limited use of another persons real property without taking anything away from the property
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

46. What kind of mistake can be used as criminal defense?
taking property away from the owner with the intent of permanently removing them of ownership
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.
mistake of fact
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

47. When property is found that was mislaid who owns it?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
owner of premise where it was found - after good title is acquired
secondary meaning
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

48. Possible ruling interpretations for accession cases
record of such condition - being regarded as actually having a condition
reverse engineer - go through garbage..
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
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

49. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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

50. Example of an exception to the at will doctrine based on contract theory
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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 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