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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. 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?
voluntarily parted with at the time - but then later tries to find it
owner of premise where it was found - after good title is acquired
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

2. In order to recieve protection what must one do?
can appeal - subject to new trial
must effectively try to acquire protection as well as keep the secret
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a deed that transfers interest in a life estate from one to another

3. Outcome of a unanimous guilty verdict?
the property that is burdened by a profit
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
can appeal - subject to new trial

4. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

5. What are the requirements for adverse possession to be recognized?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
test is originality - lasts life of creator - protection is automatic
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
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

6. How long is a copyright protected? for a corporation?
any party can terminate an employment arrangement at anytime no questions asked
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

7. What is can be considered trade dress?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
sexual harassment is protected under title 7 because it effects genders differently in the workplace
any party can terminate an employment arrangement at anytime no questions asked
distinctive decor - menu - style - service of an offering

8. Members of the TRIPS agreement cannot do what?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
members cannot give nationals favorable treatment
No - they are considered to be goods and is governed by the uniform commercial code
this for that - sexual favors - general conduct however one incident is not enough

9. What composes an 'at will doctrine'
conditional gifts that are only accepted upon the performance of marriage
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.
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

10. What is the result of a mistrial or a hung jury?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

11. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
sally would possess an easement in this case - the right to travel across property owner peter's land
secondary meaning
offering someone who works at a different firm money for their trade secrets
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

12. How long is a trademark protected? is it renewable
process of hiding the source of illegally acquired funds
can appeal - subject to new trial
multiple owners of real or personal property
10 years and it is renewable

13. In order to receive protection under the family medical leave act - one must?
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
owners of secret must try and protect - destroy garbage
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
work for a company with more than 50 employees - employed for a year - and must try to give notice

14. Facts to be used in the fair use standard are?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
intent - delivery - acceptance
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

15. Copyright requirements
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
secondary meaning
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
test is originality - lasts life of creator - protection is automatic

16. In real property law who is considered to be the servient estate?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
secondary meaning
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 property that is burdened by a profit

17. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

18. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
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

19. Americans with disabilities act accomplishes what?
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
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

20. What protection does the 6th amendment provide?
criticism - use in satire - news report - use to educate
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

21. What are the requirements for making a gift an effective transfer of ownership?
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
first person to invent not file for patent
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
intent - delivery - acceptance

22. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
intent - delivery - acceptance
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

23. Candyland example?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
this for that - sexual favors - general conduct however one incident is not enough
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

24. Meta tag example about terri welles
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 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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

25. Workers comp and negligence

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26. Title VII protected categories?
probable cause
race - sex - national origin - color - religion
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

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

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28. Derivative work
a deed that transfers interest in a life estate from one to another
allows for use of copyrighted material under certain guidelines
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

29. Money laundering
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
criminal defense stating that a crime was necessary in preventing an even greater crime
must effectively try to acquire protection as well as keep the secret
process of hiding the source of illegally acquired funds

30. What is the determining issue when proving entrapment?
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
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.
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
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

31. What is protected expression?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

32. What is secondary meaning?
the corporation could have prevented such acts
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
arises when customers begin to associate a specific term or phrase with specific trademarked items

33. License in trademark law?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
agreement permitting use of a 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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

34. The EEOC requires that victims do what before they hold employers liable?
secondary meaning
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
criticism - use in satire - news report - use to educate
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

35. Embezzlement
reverse engineer - go through garbage..
fraudulent miss-use of funds that have been entrusted to them
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
criticism - use in satire - news report - use to educate

36. In real property law who is considered to be the dominant estate?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
the property that will benefit from a profit
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

37. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

38. What is not copyrightable?
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
owner of premise where it was found - after good title is acquired
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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

39. What must a deed possess to be valid?

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40. The WARN act calls for what?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

41. Tenancy by the entirety - or community ownership
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

42. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
any party can terminate an employment arrangement at anytime no questions asked
who has been using it first or filed for it first
property of one person rightfully in possession of another - custody

43. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
multiple owners of real or personal property

44. Mistake of fact criminal defense example

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45. Mislaid property
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
intent when attached and will item be damaged because of removal? hard to determine
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
voluntarily parted with at the time - but then later tries to find it

46. What is an implied warranty of habitability?
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
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
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
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

47. Patents allow for the owner to?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

48. Examples of collective marks
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
members cannot give nationals favorable treatment
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

49. Example of an exception to the at will doctrine based on tort theory
fraudulent miss-use of funds that have been entrusted to them
process of hiding the source of illegally acquired funds
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

50. EEOC is responsible for doing what?
mental state or intent part 2 of 2 for determining criminal liability
first person to invent not file for patent
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter