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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. What kind of mistake can be used as criminal defense?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
a deed that transfers interest in a life estate from one to another
mistake of fact
fraudulent miss-use of funds that have been entrusted to them

2. In real property law who is considered to be the dominant estate?
the corporation could have prevented such acts
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
the property that will benefit from a profit

3. The Berne Convention
mistake of fact
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

4. Estray statutes encourage what?
entry of a plea - guilty/ not guilty
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

5. Trademark dilution
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
owner of premise where it was found - after good title is acquired
members cannot give nationals favorable treatment

6. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
it is a federal crime to use the us postal service to defraud others on false pretenses
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

7. Special Bailments
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea
A 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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

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

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9. What conditions are covered by the family medical leave act?
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
birth - child placement - employee health - care for spouse - child - or parent - military duty
entry of a plea - guilty/ not guilty

10. Example of an exception to the at will doctrine based on tort theory
the property that will benefit from a profit
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
agreement permitting use of a trademark
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

11. Robbery
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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 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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

12. Arrest requires
intent when attached and will item be damaged because of removal? hard to determine
probable cause
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

13. The EEOC requires that victims do what before they hold employers liable?
used by members of a cooperative organization to certify the quality of service or product
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
cannot be tried again - no appeal

14. Indictment requires
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
sufficient evidence
work for a company with more than 50 employees - employed for a year - and must try to give notice

15. How are trade secrets treated and protected?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
arises when customers begin to associate a specific term or phrase with specific trademarked items
owners of secret must try and protect - destroy garbage
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

16. Mail fraud act example senator?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
secondary meaning
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

17. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

18. Mens Rea
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
mental state or intent part 2 of 2 for determining criminal liability
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

19. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
another persons right to make limited use of another persons real property without taking anything away from the 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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

20. Concurrent ownership
10 year period renewable
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
multiple owners of real or personal property

21. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
mental state or intent part 2 of 2 for determining criminal liability
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

22. Mistake of fact criminal defense example

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23. How long are patents protected?
multiple owners of real or personal property
prohibits excessive bail and fines - cruel and unusual punishment
20 years from filing
10 year period renewable

24. What is can be considered trade dress?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
distinctive decor - menu - style - service of an offering
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
No - property gifts are common

25. Meta tag example about terri welles
secondary meaning
allows for use of copyrighted material under certain guidelines
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
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

26. Generic terms can never have?
race - sex - national origin - color - religion
secondary meaning
another persons right to make limited use of another persons real property without taking anything away from the property
sally would possess an easement in this case - the right to travel across property owner peter's land

27. Sexual harassment is treated as what?
arises when customers begin to associate a specific term or phrase with specific trademarked items
secondary meaning
sexual harassment is protected under title 7 because it effects genders differently in the workplace
conditional gifts that are only accepted upon the performance of marriage

28. What is the determining issue when proving entrapment?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

29. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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

30. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
hours of employment - conditions - age of workers
agreement permitting use of a trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

31. Tenancy in common
the right to enter onto another persons property with the intentions of removing something valuable
mistake of fact
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles 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

32. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

33. Arraignment is what?
No - they are considered to be goods and is governed by the uniform commercial code
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
entry of a plea - guilty/ not guilty
a warranty that the buyer will not be disturbed in their possession of the land

34. What is an easement by prescription?
hours of employment - conditions - age of workers
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

35. Secondary Meaning Example frosty treats
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
offering someone who works at a different firm money for their trade secrets
can appeal - subject to new trial
record of such condition - being regarded as actually having a condition

36. What protection does the 8th amendment provide?
arises when customers begin to associate a specific term or phrase with specific trademarked items
prohibits excessive bail and fines - cruel and unusual punishment
10 years and it is renewable
entry of a plea - guilty/ not guilty

37. What is a job offer?
used by members of a cooperative organization to certify the quality of service or product
conditional gifts that are only accepted upon the performance of marriage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

38. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
given exclusive possession and control over property - and knowingly accept responsibility
conditional gifts that are only accepted upon the performance of marriage
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

39. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
property of one person rightfully in possession of another - custody
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

40. What is a conveyance?
can appeal - subject to new trial
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a deed that transfers interest in a life estate from one to another

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

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42. Attorney client privilege accomplishes what?
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense
ownership rights to property
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
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

43. Facts to be used in the fair use standard are?
first person to invent not file for patent
a deed that transfers interest in a life estate from one to another
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

44. Counterfeiting example? regarding punishment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

45. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

46. Steps to determining trademark infringement?
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
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
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
sufficient evidence

47. How is the right to use a trademark determined?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
who has been using it first or filed for it first
sally would possess an easement in this case - the right to travel across property owner peter's land
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

48. Drake V. Walton County regarding the county taking property
it is a federal crime to use the us postal service to defraud others on false pretenses
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.
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

49. Reverse discrimination example firefighters
reverse engineer - go through garbage..
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
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

50. Are compilation of facts copyrightable? case example
taking property away from the owner with the intent of permanently removing them of ownership
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
who has been using it first or filed for it first