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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. Gold club corporate criminal liability example?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
intent when attached and will item be damaged because of removal? hard to determine
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
finder after obtaining a title

2. Responsible corporate officer doctrine?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
probable cause

3. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
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
used by members of a cooperative organization to certify the quality of service or product
No - property gifts are common

4. Reverse discrimination example firefighters
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
a physical or mental impairment that substantially limits one or more major life activities

5. Title VII prevents discrimination in?

6. Embezzlement
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
given exclusive possession and control over property - and knowingly accept responsibility
another persons right to make limited use of another persons real property without taking anything away from the property
fraudulent miss-use of funds that have been entrusted to them

7. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
prohibits excessive bail and fines - cruel and unusual punishment
record of such condition - being regarded as actually having a condition

8. The EEOC requires that victims do what before they hold employers liable?
the property that is burdened by a profit
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

9. Significance of coca-cola V. koke Co of America
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
any party can terminate an employment arrangement at anytime no questions asked
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

10. Robbery
10 years and it is renewable
conditional gifts that are only accepted upon the performance of marriage
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

11. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
ownership rights to property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

12. Meta tags
work for a company with more than 50 employees - employed for a year - and must try to give notice
sally would possess an easement in this case - the right to travel across property owner peter's land
key words of a website that are used for search engines
conditional gifts that are only accepted upon the performance of marriage

13. Roman Catholic Church V. Prince Reality Management regarding a license?
who has been using it first or filed for it first
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

14. How long is a trademark protected? is it renewable
10 years and it is renewable
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
sufficient evidence
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

15. Secondary Meaning Example frosty treats
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
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

16. 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.
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

17. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
streamlines and standardizes the processes for applying for a trademark abroad
secondary meaning

18. In order to recieve protection what must one do?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
must effectively try to acquire protection as well as keep the secret
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

19. Workers comp and negligence

20. Triple amount of damages definition
voluntarily parted with at the time - but then later tries to find it
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class
10 years and it is renewable
treble damages

21. Joint tenancy
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
streamlines and standardizes the processes for applying for a trademark abroad
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

22. In real property law who is considered to be the servient estate?
fraudulent miss-use of funds that have been entrusted to them
No - but if they find any other reason - like you have been late often than you'll probably get fired
the property that is burdened by a profit
intent - delivery - acceptance

23. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
key words of a website that are used for search engines
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

24. What is secondary meaning?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
multiple owners of real or personal property
the property that will benefit from a profit
arises when customers begin to associate a specific term or phrase with specific trademarked items

25. Collective mark
used by members of a cooperative organization to certify the quality of service or product
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
another persons right to make limited use of another persons real property without taking anything away from the property

26. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
secondary meaning

27. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
owners of secret must try and protect - destroy garbage
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
classic stone corp. owns a profit in gross - and cannot transfer this right to another
process of hiding the source of illegally acquired funds

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

29. What is the determining issue when proving 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
the corporation could have prevented such acts

30. Example of an exception to the at will doctrine based on contract theory
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
secondary meaning
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

31. How are trade secrets treated and protected?
owners of secret must try and protect - destroy 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
the corporation could have prevented such acts
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

32. Burglary
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

33. What happens when land is sold that is growing crops?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
must effectively try to acquire protection as well as keep the secret
crops is considered to be real property and should be considered in the sale of such property.
test is originality - lasts life of creator - protection is automatic

34. Estray statutes encourage what?
allows for use of copyrighted material under certain guidelines
must effectively try to acquire protection as well as keep the secret
breaking into a residence with the intent of performing a felony. this is a crime against property.
encourage finders to report lost property and sufficiently try to return property - if comply results in good title and ownership even if claimed in the future

35. What is protected expression?
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
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
secondary meaning
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

36. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

37. How is the right to use a trademark determined?
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
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
who has been using it first or filed for it first
finder after obtaining a title

38. In order to receive protection under the family medical leave act - one must?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
work for a company with more than 50 employees - employed for a year - and must try to give notice
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

39. 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
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

40. Generic terms can never have?
secondary meaning
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
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 deed that transfers interest in a life estate from one to another

41. What must a deed possess to be valid?

42. Fair use doctrine
allows for use of copyrighted material under certain guidelines
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
offering someone who works at a different firm money for their trade secrets

43. Determining disability regarding with and without equipment?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

44. TRIPS agreement
10 years and it is renewable
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
signed by hundreds of countries that establishes standards for the international protection of intellectual property
agreement permitting use of a trademark

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

46. Cybersquatting
criticism - use in satire - news report - use to educate
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
mental state or intent part 2 of 2 for determining criminal liability
secondary meaning

47. Age discrimination achieves what?
reverse engineer - go through garbage..
cannot be tried again - no appeal
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

48. Dominion
probable cause
ownership rights to property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
criticism - use in satire - news report - use to educate

49. Money laundering
process of hiding the source of illegally acquired funds
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
the property that is burdened by a profit

50. 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
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
the corporation could have prevented such acts
test is originality - lasts life of creator - protection is automatic