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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. Arrest requires
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
probable cause
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

2. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

3. Significance of coca-cola V. koke Co of America
crops is considered to be real property and should be considered in the sale of such property.
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

4. What is a covenant of quiet enjoyment?
voluntarily parted with at the time - but then later tries to find it
a warranty that the buyer will not be disturbed in their possession of the land
sally would possess an easement in this case - the right to travel across property owner peter's land
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

5. The EEOC requires that victims do what before they hold employers liable?
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
prohibits excessive bail and fines - cruel and unusual punishment
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

6. Example of an exception to the at will doctrine based on tort theory
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
members cannot give nationals favorable treatment
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

7. Patents allow for the owner to?
key words of a website that are used for search engines
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

8. Responsible corporate officer doctrine?
it is a federal crime to use the us postal service to defraud others on false pretenses
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
offering someone who works at a different firm money for their trade secrets

9. Example of an exception to the at will doctrine based on contract theory
members cannot give nationals favorable treatment
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
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

10. Napster example?
streamlines and standardizes the processes for applying for a trademark abroad
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
breaking into a residence with the intent of performing a felony. this is a crime against property.
crops is considered to be real property and should be considered in the sale of such property.

11. How long is a trademark protected? is it renewable
test is originality - lasts life of creator - protection is automatic
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
10 years and it is renewable

12. What is a warranty deed?
criminal defense stating that a crime was necessary in preventing an even greater crime
reverse engineer - go through garbage..
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

13. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
treble damages

14. When property is found that was mislaid who owns it?
test is originality - lasts life of creator - protection is automatic
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
owner of premise where it was found - after good title is acquired
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

15. Cybersquatting
used by members of a cooperative organization to certify the quality of service or product
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

16. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
another persons right to make limited use of another persons real property without taking anything away from the property
cannot be tried again - no appeal
obtaining ownership by living on anothers property

17. Steps to determining trademark infringement?
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
sufficient evidence
hours of employment - conditions - age of workers

18. Meta tag example about terri welles
the corporation could have prevented such acts
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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. Requirements of a bailement
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
fraudulent miss-use of funds that have been entrusted to them
given exclusive possession and control over property - and knowingly accept responsibility

20. What is the difference between real and personal property?
allows for use of copyrighted material under certain guidelines
10 years and it is renewable
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
mistake of fact

21. What is a job offer?
obtaining ownership by living on anothers property
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

22. Tenancy in common
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
probable cause
the property that is burdened by a profit

23. What uses fall under the fair use doctrine?
prohibits excessive bail and fines - cruel and unusual punishment
reverse engineer - go through garbage..
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
criticism - use in satire - news report - use to educate

24. In order to recieve protection what must one do?
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
record of such condition - being regarded as actually having a condition
must effectively try to acquire protection as well as keep the secret
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

25. In the united states who gets the patent if there is a conflict?
mental state or intent part 2 of 2 for determining criminal liability
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
document by which title to property is passed
first person to invent not file for patent

26. Indictment requires
sufficient evidence
distinctive decor - menu - style - service of an offering
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
streamlines and standardizes the processes for applying for a trademark abroad

27. What is legally a disability?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
a physical or mental impairment that substantially limits one or more major life activities

28. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
arises when customers begin to associate a specific term or phrase with specific trademarked items
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

29. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
process of hiding the source of illegally acquired funds
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

30. How is the right to use a trademark determined?
the corporation could have prevented such acts
the property that is burdened by a profit
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
who has been using it first or filed for it first

31. What is secondary meaning?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
treble damages
arises when customers begin to associate a specific term or phrase with specific trademarked items
prohibits excessive bail and fines - cruel and unusual punishment

32. What is a license considered to be in real property law?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

33. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
secondary meaning
document by which title to property is passed
sally would possess an easement in this case - the right to travel across property owner peter's land

34. Gold club corporate criminal liability example?
taking property away from the owner with the intent of permanently removing them of ownership
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

35. Collective mark
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
used by members of a cooperative organization to certify the quality of service or product
it rewards citizens for putting land to good use rather than just sitting on expanses of property

36. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
intent when attached and will item be damaged because of removal? hard to determine
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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

37. Mislaid property
the property that will benefit from a profit
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
voluntarily parted with at the time - but then later tries to find it
race - sex - national origin - color - religion

38. Constructive bailments are?

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39. The WARN act calls for what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

40. Examples of collective marks
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

41. Title VII prevents discrimination in?

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42. Trademark dilution
the corporation could have prevented such acts
sally would possess an easement in this case - the right to travel across property owner peter's land
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
fraudulent miss-use of funds that have been entrusted to them

43. What is Actus Reus
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
20 years from filing
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

44. Dominion
the right to enter onto another persons property with the intentions of removing something valuable
ownership rights to property
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
who has been using it first or filed for it first

45. Joint tenancy
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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

46. Purpose of criminal penalties?
a warranty that the buyer will not be disturbed in their possession of the land
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
sally would possess an easement in this case - the right to travel across property owner peter's land

47. Concurrent 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
multiple owners of real or personal property
reverse engineer - go through garbage..
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.

48. Burglary
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
document by which title to property is passed
breaking into a residence with the intent of performing a felony. this is a crime against property.

49. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
test is originality - lasts life of creator - protection is automatic
intent - delivery - acceptance
criminal defense stating that a crime was necessary in preventing an even greater crime

50. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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.
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