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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 composes RICO?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
owner of premise where it was found - after good title is acquired
another persons right to make limited use of another persons real property without taking anything away from the property
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

2. What is an easement by implication?
conditional gifts that are only accepted upon the performance of marriage
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
key words of a website that are used for search engines
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

3. Fair use is limited to?
a warranty that the buyer will not be disturbed in their possession of the land
finder after obtaining a title
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
intent - delivery - acceptance

4. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
used by members of a cooperative organization to certify the quality of service or product
birth - child placement - employee health - care for spouse - child - or parent - military duty

5. In order for a disability to be legally recognized what must exist?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
obtaining ownership by living on anothers property
record of such condition - being regarded as actually having a condition

6. Sexual harassment is treated as what?
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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

7. What is protected expression?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
mental state or intent part 2 of 2 for determining criminal liability
finder after obtaining a title

8. 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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

9. What determines likeliness of confusion?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

10. The madrid protocol accomplishes what?
ownership rights to property
streamlines and standardizes the processes for applying for a trademark abroad
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

11. 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
generally the use of a software to perform a job or deliver product
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
No - but if they find any other reason - like you have been late often than you'll probably get fired

12. Responsible corporate officer doctrine?
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
sally would possess an easement in this case - the right to travel across property owner peter's land
secondary meaning

13. Cybersquatting
prohibits excessive bail and fines - cruel and unusual punishment
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

14. Workers comp and negligence

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

16. Significance of coca-cola V. koke Co of America
distinctive decor - menu - style - service of an offering
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
probable cause

17. What must a deed possess to be valid?

18. Burglary
obtaining ownership by living on anothers property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
breaking into a residence with the intent of performing a felony. this is a crime against property.

19. What is a warranty deed?
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
secondary meaning
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

20. What happens when land is sold that is growing crops?
conditional gifts that are only accepted upon the performance of marriage
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
crops is considered to be real property and should be considered in the sale of such property.

21. Tenancy in common
hours of employment - conditions - age of workers
No - they are considered to be goods and is governed by the uniform commercial code
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
first person to invent not file for patent

22. TRIPS agreement
document by which title to property is passed
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
signed by hundreds of countries that establishes standards for the international protection of intellectual property

23. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

24. In order to prove discrimination in hiring one has to prove?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
test is originality - lasts life of creator - protection is automatic
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
any party can terminate an employment arrangement at anytime no questions asked

25. Certification mark
the corporation could have prevented such acts
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

26. Roman Catholic Church V. Prince Reality Management regarding a license?
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
secondary meaning
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
a deed that transfers interest in a life estate from one to another

27. How is the right to use a trademark determined?
the property that is burdened by a profit
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
who has been using it first or filed for it first
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

28. Can you be fired for whistle blowing?

29. Are crops real property when they are sold?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
No - they are considered to be goods and is governed by the uniform commercial code
mental state or intent part 2 of 2 for determining criminal liability
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

30. What is a conveyance?
a deed that transfers interest in a life estate from one to another
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
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

31. The EEOC requires that victims do what before they hold employers liable?
a warranty that the buyer will not be disturbed in their possession of the land
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
a physical or mental impairment that substantially limits one or more major life activities
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

32. Determining disability regarding with and without equipment?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
classic stone corp. owns a profit in gross - and cannot transfer this right to another

33. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

34. How long is a copyright protected? for a corporation?
10 year period renewable
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

35. Generic terms can never have?
secondary meaning
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
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

36. What could be considered as sexual harassment in the work place
generally the use of a software to perform a job or deliver product
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
crops is considered to be real property and should be considered in the sale of such property.
this for that - sexual favors - general conduct however one incident is not enough

37. What protection does the 6th amendment provide?
mistake of fact
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

38. Drake V. Walton County regarding the county taking property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
secondary meaning
criticism - use in satire - news report - use to educate
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.

39. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
20 years from filing

40. What is an implied warranty of habitability?
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
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
a warranty that the buyer will not be disturbed in their possession of the land

41. Joint tenancy
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
it is a federal crime to use the us postal service to defraud others on false pretenses
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

42. What is a Deed
intent when attached and will item be damaged because of removal? hard to determine
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
first person to invent not file for patent
document by which title to property is passed

43. What is an easement?
who has been using it first or filed for it first
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
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

44. Steps to determining trademark infringement?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
cannot be tried again - no appeal
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

45. In order to recieve protection what must one do?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
generally the use of a software to perform a job or deliver product
must effectively try to acquire protection as well as keep the secret

46. Example of an exception to the at will doctrine based on tort theory
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

47. Indictment requires
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
sufficient evidence

48. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

49. Mislaid property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
voluntarily parted with at the time - but then later tries to find it
it rewards citizens for putting land to good use rather than just sitting on expanses of property
distinctive decor - menu - style - service of an offering

50. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
the property that will benefit from a profit
secondary meaning
this for that - sexual favors - general conduct however one incident is not enough