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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. Mail fraud act example senator?
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.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
property of one person rightfully in possession of another - custody

2. How can you come to possess land through adverse possession?
criticism - use in satire - news report - use to educate
hours of employment - conditions - age of workers
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the 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

3. What terminates an easement?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
process of hiding the source of illegally acquired funds

4. When property is found who gets property when it was abondoned?
10 years and it is renewable
it is a federal crime to use the us postal service to defraud others on false pretenses
finder after obtaining a title
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

5. Patent Requirements
novel - useful - non obvious
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
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

6. Triple amount of damages definition
arises when customers begin to associate a specific term or phrase with specific trademarked items
treble damages
the property that is burdened by a profit
property of one person rightfully in possession of another - custody

7. The EEOC requires that victims do what before they hold employers liable?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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

8. Duress criminal defense
race - sex - national origin - color - religion
hours of employment - conditions - age of workers
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

9. Attorney client privilege accomplishes what?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
any party can terminate an employment arrangement at anytime no questions asked

10. What is a Deed
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
document by which title to property is passed
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
No - property gifts are common

11. What are strong Marks?
reverse engineer - go through garbage..
intent - delivery - acceptance
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
novel - useful - non obvious

12. Estray statutes encourage what?
key words of a website that are used for search engines
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
the property that will benefit from a profit
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

13. What is the purpose of the adverse possession doctrine?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

14. Outcome of a unanimous guilty verdict?
the property that will benefit from a profit
No - property gifts are common
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
can appeal - subject to new trial

15. Bailments are?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
it rewards citizens for putting land to good use rather than just sitting on expanses of property
property of one person rightfully in possession of another - custody

16. Certification mark
sufficient evidence
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
arises when customers begin to associate a specific term or phrase with specific trademarked items
breaking into a residence with the intent of performing a felony. this is a crime against property.

17. Are compilation of facts copyrightable? case example
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
10 years and it is renewable
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

18. Discrimination during the hiring process is acceptable when?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

19. Money laundering
a physical or mental impairment that substantially limits one or more major life activities
process of hiding the source of illegally acquired funds
another persons right to make limited use of another persons real property without taking anything away from the property
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

20. What is an easement by prescription?
novel - useful - non obvious
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
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

21. Secondary Meaning Example frosty treats
intent when attached and will item be damaged because of removal? hard to determine
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
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

22. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
20 years from filing
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

23. How are trade secrets treated and protected?
novel - useful - non obvious
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
owners of secret must try and protect - destroy garbage

24. Title VII protected categories?
taking property away from the owner with the intent of permanently removing them of ownership
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
race - sex - national origin - color - religion
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

25. What is retaliatory discharge?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

26. The WARN act calls for what?
a warranty that the buyer will not be disturbed in their possession of the land
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

27. What are the requirements for adverse possession to be recognized?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

28. Workers comp and negligence

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29. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
distinctive decor - menu - style - service of an offering
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

30. Roman Catholic Church V. Prince Reality Management regarding a license?
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

31. How long are patents protected?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
must effectively try to acquire protection as well as keep the secret
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
20 years from filing

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

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33. Necessity defense
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
taking property away from the owner with the intent of permanently removing them of ownership
criminal defense stating that a crime was necessary in preventing an even greater crime
prohibits excessive bail and fines - cruel and unusual punishment

34. What is the determining issue when proving entrapment?
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
20 years from filing
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

35. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a physical or mental impairment that substantially limits one or more major life activities
10 years and it is renewable

36. What is an easement by implication?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

37. What is an implied warranty of habitability?
members cannot give nationals favorable treatment
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
arises when customers begin to associate a specific term or phrase with specific trademarked items

38. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
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
prohibits excessive bail and fines - cruel and unusual punishment

39. Business process patents involve?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
generally the use of a software to perform a job or deliver product
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
fraudulent miss-use of funds that have been entrusted to them

40. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
voluntarily parted with at the time - but then later tries to find it
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
classic stone corp. owns a profit in gross - and cannot transfer this right to another

41. Country club case
fraudulent miss-use of funds that have been entrusted to them
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
10 years and it is renewable
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

42. 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?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
test is originality - lasts life of creator - protection is automatic
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

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

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44. Arrest requires
record of such condition - being regarded as actually having a condition
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
ownership rights to property
probable cause

45. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
secondary meaning
owner of premise where it was found - after good title is acquired

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

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47. Adverse possession
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
obtaining ownership by living on anothers property
another persons right to make limited use of another persons real property without taking anything away from the property

48. In order to prove discrimination in hiring one has to prove?
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
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

49. Example of an exception to the at will doctrine based on contract theory
generally the use of a software to perform a job or deliver product
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
ownership rights to property

50. Examples of collective marks
who has been using it first or filed for it first
a physical or mental impairment that substantially limits one or more major life activities
fraudulent miss-use of funds that have been entrusted to them
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks