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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. Candyland example?
mental state or intent part 2 of 2 for determining criminal liability
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
the property that is burdened by a profit
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

2. Americans with disabilities act accomplishes what?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

3. What kind of mistake can be used as criminal defense?
generally the use of a software to perform a job or deliver product
distinctive decor - menu - style - service of an offering
mistake of fact
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

4. Sambucks vs. starbucks
intent when attached and will item be damaged because of removal? hard to determine
the right to enter onto another persons property with the intentions of removing something valuable
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
it rewards citizens for putting land to good use rather than just sitting on expanses of property

5. How can you come to possess land through adverse possession?
first person to invent not file for patent
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
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
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

6. Determining disability regarding with and without equipment?
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
can sue for relief and damages that may arrise from the infringement - if court sees that the infringement was willful the court can call for triple the amount of damages
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board 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

7. Reverse discrimination example firefighters
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
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
10 years and it is renewable
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

8. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
any party can terminate an employment arrangement at anytime no questions asked

9. What is an easement by prescription?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
obtaining ownership by living on anothers property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

10. 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
agreement permitting use of a trademark
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

11. How can someone legally acquire trade secrets?
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
fraudulent miss-use of funds that have been entrusted to them
reverse engineer - go through garbage..

12. Steps to determining trademark infringement?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
it rewards citizens for putting land to good use rather than just sitting on expanses of property
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

13. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

14. What is a profit under real property law?
owner of premise where it was found - after good title is acquired
the right to enter onto another persons property with the intentions of removing something valuable
intent when attached and will item be damaged because of removal? hard to determine
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

15. Age discrimination achieves what?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
first person to invent not file for patent
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

16. What is a conveyance?
a deed that transfers interest in a life estate from one to another
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
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

17. Embezzlement
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
given exclusive possession and control over property - and knowingly accept responsibility
fraudulent miss-use of funds that have been entrusted to them
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

18. In order to recieve protection what must one do?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
must effectively try to acquire protection as well as keep the secret
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

19. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
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
a physical or mental impairment that substantially limits one or more major life activities
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

20. 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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
it is a federal crime to use the us postal service to defraud others on false pretenses

21. What are the requirements for making a gift an effective transfer of ownership?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
intent - delivery - acceptance
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

22. The EEOC requires that victims do what before they hold employers liable?
intent when attached and will item be damaged because of removal? hard to determine
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
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

23. Robbery
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
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

24. Facts to be used in the fair use standard are?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
prohibits excessive bail and fines - cruel and unusual punishment
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

25. 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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
another persons right to make limited use of another persons real property without taking anything away from the property

26. Engagement rings are considered to be?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
owners of secret must try and protect - destroy garbage
conditional gifts that are only accepted upon the performance of marriage
20 years from filing

27. Estray statutes encourage what?
prohibits excessive bail and fines - cruel and unusual punishment
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
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
taking property away from the owner with the intent of permanently removing them of ownership

28. In the united states who gets the patent if there is a conflict?
secondary meaning
allows for use of copyrighted material under certain guidelines
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
first person to invent not file for patent

29. Certification mark
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
owners of secret must try and protect - destroy garbage

30. Significance of coca-cola V. koke Co of America
property of one person rightfully in possession of another - custody
first person to invent not file for 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
voluntarily parted with at the time - but then later tries to find it

31. George V restauration s.a. V. Little Rest Twelve licensing case example

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32. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
first person to invent not file for patent

33. What is an easement by implication?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

34. Employers should handle hostile environments regarding protected members of title 7 by?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the property that will benefit from a profit
any party can terminate an employment arrangement at anytime no questions asked

35. What composes RICO?
given exclusive possession and control over property - and knowingly accept responsibility
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
secondary meaning
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

36. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
work for a company with more than 50 employees - employed for a year - and must try to give notice

37. 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
multiple owners of real or personal property
any party can terminate an employment arrangement at anytime no questions asked
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

38. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

39. How is the right to use a trademark determined?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
the right to enter onto another persons property with the intentions of removing something valuable
who has been using it first or filed for it first

40. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
this for that - sexual favors - general conduct however one incident is not enough
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
entry of a plea - guilty/ not guilty

41. Larceny
a physical or mental impairment that substantially limits one or more major life activities
taking property away from the owner with the intent of permanently removing them of ownership
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
test is originality - lasts life of creator - protection is automatic

42. What uses fall under the fair use doctrine?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
10 years and it is renewable
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
criticism - use in satire - news report - use to educate

43. What is an easement?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
novel - useful - non obvious
another persons right to make limited use of another persons real property without taking anything away from the property

44. Discrimination during the hiring process is acceptable when?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
owner of premise where it was found - after good title is acquired
multiple owners of real or personal property
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

45. Adverse possession
race - sex - national origin - color - religion
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
obtaining ownership by living on anothers property
arises when customers begin to associate a specific term or phrase with specific trademarked items

46. Drake V. Walton County regarding the county taking property
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.
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

47. Constructive bailments are?

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48. What is the purpose of the adverse possession doctrine?
cannot be tried again - no appeal
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
it rewards citizens for putting land to good use rather than just sitting on expanses of property

49. Business process patents involve?
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
10 year period renewable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

50. License in trademark law?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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
agreement permitting use of a trademark