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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. How long are patents protected?
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
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
first person to invent not file for patent
20 years from filing

2. Possible ruling interpretations for accession cases
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
owner of premise where it was found - after good title is acquired
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
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

3. In order to prove discrimination in hiring one has to prove?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
another persons right to make limited use of another persons real property without taking anything away from the property

4. What composes an 'at will doctrine'
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
any party can terminate an employment arrangement at anytime no questions asked
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

5. Constructive bailments are?

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6. Trademark dilution
record of such condition - being regarded as actually having a condition
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
entry of a plea - guilty/ not guilty

7. What is a Deed
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
obtaining ownership by living on anothers property
document by which title to property is passed
No - property gifts are common

8. Arrest requires
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
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
probable cause

9. Difference between joint tenancy and tenancy in common?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
yes - the particular presentation of known facts in the yellow pages for example is 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
probable cause

10. Indictment requires
document by which title to property is passed
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
sufficient evidence
sally would possess an easement in this case - the right to travel across property owner peter's land

11. License in trademark law?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
agreement permitting use of a trademark
offering someone who works at a different firm money for their trade secrets
No - they are considered to be goods and is governed by the uniform commercial code

12. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
the corporation could have prevented such acts

13. Purpose of criminal penalties?
mistake of fact
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

14. In real property law who is considered to be the dominant estate?
10 years and it is renewable
fraudulent miss-use of funds that have been entrusted to them
the property that will benefit from 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

15. Title VII protected categories?
race - sex - national origin - color - religion
members cannot give nationals favorable treatment
voluntarily parted with at the time - but then later tries to find it
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

16. Americans with disabilities act accomplishes what?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
obtaining ownership by living on anothers property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

17. In order to recieve protection what must one do?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
must effectively try to acquire protection as well as keep the secret
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
document by which title to property is passed

18. Estray statutes encourage what?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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

19. Arraignment is what?
race - sex - national origin - color - religion
entry of a plea - guilty/ not guilty
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

20. What are strong Marks?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
10 years and it is renewable

21. Are compilation of facts copyrightable? case example
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

22. What is a profit under real property law?
must effectively try to acquire protection as well as keep the secret
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
the right to enter onto another persons property with the intentions of removing something valuable
key words of a website that are used for search engines

23. Meta tag example about terri welles
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
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
secondary meaning

24. Do Deeds require consideration to be valid?
a physical or mental impairment that substantially limits one or more major life activities
a warranty that the buyer will not be disturbed in their possession of the land
No - property gifts are common
obtaining ownership by living on anothers property

25. 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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the property that will benefit from a profit

26. What is the result of a mistrial or a hung jury?
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
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
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
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

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

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28. 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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
ownership rights to property

29. Example of an exception to the at will doctrine based on contract theory
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
10 year period renewable
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
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

30. Meta tags
key words of a website that are used for search engines
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
mistake of fact
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

31. Necessity defense
finder after obtaining a title
criminal defense stating that a crime was necessary in preventing an even greater crime
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

32. How is the right to use a trademark determined?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
who has been using it first or filed for it first

33. In order for a disability to be legally recognized what must exist?
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
record of such condition - being regarded as actually having a condition
another persons right to make limited use of another persons real property without taking anything away from the property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

34. Embezzlement
members cannot give nationals favorable treatment
fraudulent miss-use of funds that have been entrusted to them
offering someone who works at a different firm money for their trade secrets
novel - useful - non obvious

35. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
voluntarily parted with at the time - but then later tries to find it
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

36. Strong Marks Case Example

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37. Steps to determining trademark infringement?
another persons right to make limited use of another persons real property without taking anything away from the property
allows for use of copyrighted material under certain guidelines
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

38. TRIPS agreement
criminal defense stating that a crime was necessary in preventing an even greater crime
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

39. Significance of coca-cola V. koke Co of America
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
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
agreement permitting use of a trademark
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

40. Commercial bribery example
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
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
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
offering someone who works at a different firm money for their trade secrets

41. What is a job offer?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
can appeal - subject to new trial

42. Requirements of a bailement
members cannot give nationals favorable treatment
the right to enter onto another persons property with the intentions of removing something valuable
mental state or intent part 2 of 2 for determining criminal liability
given exclusive possession and control over property - and knowingly accept responsibility

43. Certification mark
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

44. Collective mark
used by members of a cooperative organization to certify the quality of service or product
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the property that will benefit from a profit
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

45. Counterfeiting example? regarding punishment
novel - useful - non obvious
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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

46. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
allows for use of copyrighted material under certain guidelines

47. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
ownership rights to property
probable cause
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

48. How can someone legally acquire trade secrets?
document by which title to property is passed
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
reverse engineer - go through garbage..
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

49. Determining disability regarding with and without equipment?
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 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
fraudulent miss-use of funds that have been entrusted to them

50. Patent Requirements
treble damages
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
novel - useful - non obvious
intent - delivery - acceptance