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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. Collective mark
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
used by members of a cooperative organization to certify the quality of service or product

2. What terminates an easement?
any party can terminate an employment arrangement at anytime no questions asked
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

3. What is the result of a mistrial or a hung jury?
reverse engineer - go through garbage..
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
it is a federal crime to use the us postal service to defraud others on false pretenses

4. Patents allow for the owner to?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
allows for use of copyrighted material under certain guidelines

5. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
It was ruled that darst had the right to receive treatment for alcoholism under the FLMA - but his inability or refusal to go to work because of substance abuse did not fall under the FMLA
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

6. The WARN act calls for what?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
finder after obtaining a title
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

7. Mail Fraud Act of 1990 is what?
conditional gifts that are only accepted upon the performance of marriage
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
mistake of fact
it is a federal crime to use the us postal service to defraud others on false pretenses

8. The Berne Convention
intent when attached and will item be damaged because of removal? hard to determine
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

9. What is retaliatory discharge?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

10. Sambucks vs. starbucks
record of such condition - being regarded as actually having a condition
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

11. Larceny
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
taking property away from the owner with the intent of permanently removing them of ownership
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

12. What are the requirements for adverse possession to be recognized?
criticism - use in satire - news report - use to educate
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
No - property gifts are common
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

13. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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14. What is a conveyance?
taking property away from the owner with the intent of permanently removing them of ownership
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
obtaining ownership by living on anothers property
a deed that transfers interest in a life estate from one to another

15. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
fraudulent miss-use of funds that have been entrusted to them
the property that will benefit from a profit
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

16. How are trade secrets treated and protected?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
owners of secret must try and protect - destroy garbage
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
fraudulent miss-use of funds that have been entrusted to them

17. Do Deeds require consideration to be valid?
No - they are considered to be goods and is governed by the uniform commercial code
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
No - property gifts are common

18. When property is found that was mislaid who owns it?
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
entry of a plea - guilty/ not guilty
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
owner of premise where it was found - after good title is acquired

19. Fair labor standards act covers issues such as?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
hours of employment - conditions - age of workers
probable cause

20. Outcome of unanimous not guilty?
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
cannot be tried again - no appeal
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
intent - delivery - acceptance

21. Tenancy by the entirety - or community ownership
distinctive decor - menu - style - service of an offering
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
owner of premise where it was found - after good title is acquired
generally the use of a software to perform a job or deliver product

22. Commercial bribery example
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
who has been using it first or filed for it first
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
offering someone who works at a different firm money for their trade secrets

23. Money laundering
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
process of hiding the source of illegally acquired funds
generally the use of a software to perform a job or deliver product
birth - child placement - employee health - care for spouse - child - or parent - military duty

24. Can you be fired for whistle blowing?

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25. What is the difference between real and personal property?
criticism - use in satire - news report - use to educate
birth - child placement - employee health - care for spouse - child - or parent - military duty
owners of secret must try and protect - destroy garbage
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

26. Engagement rings are considered to be?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
conditional gifts that are only accepted upon the performance of marriage

27. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
record of such condition - being regarded as actually having a condition

28. How long is a trademark protected? is it renewable
10 years and it is renewable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
another persons right to make limited use of another persons real property without taking anything away from the property

29. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
given exclusive possession and control over property - and knowingly accept responsibility

30. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
signed by hundreds of countries that establishes standards for the international protection of intellectual property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

31. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

32. EEOC is responsible for doing what?
cannot be tried again - no appeal
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

33. What is a job offer?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

34. Example of an exception to the at will doctrine based on tort theory
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

35. Mislaid property
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
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

36. Requirements of a bailement
crops is considered to be real property and should be considered in the sale of such property.
the corporation could have prevented such acts
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
given exclusive possession and control over property - and knowingly accept responsibility

37. What is not copyrightable?
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
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
hours of employment - conditions - age of workers
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

38. Robbery
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
a deed that transfers interest in a life estate from one to another
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

39. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

40. What are strong Marks?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

41. What is an implied warranty of habitability?
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
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
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
another persons right to make limited use of another persons real property without taking anything away from the property

42. Secondary Meaning Example frosty treats
who has been using it first or filed for it first
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

43. What protection does the 8th amendment provide?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
prohibits excessive bail and fines - cruel and unusual punishment
intent when attached and will item be damaged because of removal? hard to determine

44. 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
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
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
secondary meaning

45. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
cannot be tried again - no appeal

46. How can you come to possess land through adverse possession?
novel - useful - non obvious
taking property away from the owner with the intent of permanently removing them of ownership
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
used by members of a cooperative organization to certify the quality of service or product

47. What is an easement?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
another persons right to make limited use of another persons real property without taking anything away from the property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

48. Significance of coca-cola V. koke Co of America
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
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

49. Possible ruling interpretations for accession cases
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
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
sally would possess an easement in this case - the right to travel across property owner peter's land
owner of premise where it was found - after good title is acquired

50. Service mark
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations