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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. Determining disability regarding with and without equipment?
process of hiding the source of illegally acquired funds
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

2. Collective mark
used by members of a cooperative organization to certify the quality of service or product
allows for use of copyrighted material under certain guidelines
members cannot give nationals favorable treatment
multiple owners of real or personal property

3. Triple amount of damages definition
treble damages
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
given exclusive possession and control over property - and knowingly accept responsibility
this for that - sexual favors - general conduct however one incident is not enough

4. Example of an exception to the at will doctrine based on contract theory
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

5. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
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.
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

6. Secondary Meaning Example frosty treats
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
it is a federal crime to use the us postal service to defraud others on false pretenses
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
the corporation could have prevented such acts

7. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
taking property away from the owner with the intent of permanently removing them of ownership
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
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

8. What is a covenant of quiet enjoyment?
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 warranty that the buyer will not be disturbed in their possession of the land
document by which title to property is passed
the right to enter onto another persons property with the intentions of removing something valuable

9. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
mental state or intent part 2 of 2 for determining criminal liability

10. What is an easement by implication?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
any party can terminate an employment arrangement at anytime no questions asked

11. What is a conveyance?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
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
a deed that transfers interest in a life estate from one to another

12. Title VII prevents discrimination in?

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13. Sexual harassment is treated as what?
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
sexual harassment is protected under title 7 because it effects genders differently in the workplace
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

14. Examples of collective marks
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
reverse engineer - go through garbage..
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
mistake of fact

15. Meta tag example about terri welles
distinctive decor - menu - style - service of an offering
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
another persons right to make limited use of another persons real property without taking anything away from the property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

16. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
crops is considered to be real property and should be considered in the sale of such property.

17. Members of the TRIPS agreement cannot do what?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
entry of a plea - guilty/ not guilty
members cannot give nationals favorable treatment
used by members of a cooperative organization to certify the quality of service or product

18. Arrest requires
any party can terminate an employment arrangement at anytime no questions asked
crops is considered to be real property and should be considered in the sale of such property.
probable cause
another persons right to make limited use of another persons real property without taking anything away from the property

19. Trademarks are good for? are they renewable
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
reverse engineer - go through garbage..
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
10 year period renewable

20. Burglary
intent - delivery - acceptance
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

21. What is an easement by prescription?
test is originality - lasts life of creator - protection is automatic
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

22. What is a license considered to be in real property law?
novel - useful - non obvious
any party can terminate an employment arrangement at anytime no questions asked
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

23. What is the purpose of the adverse possession doctrine?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
it rewards citizens for putting land to good use rather than just sitting on expanses of property
any party can terminate an employment arrangement at anytime no questions asked

24. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
obtaining ownership by living on anothers property
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
intent - delivery - acceptance

25. Commercial bribery example
criticism - use in satire - news report - use to educate
offering someone who works at a different firm money for their trade secrets
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

26. Can you be fired for whistle blowing?

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27. Roman Catholic Church V. Prince Reality Management regarding a license?
secondary meaning
only white men and 2 hispanic men past a test for who was qualified for promotion - the city through away the results in fear of being considered discriminatory
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

28. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
secondary meaning
distinctive decor - menu - style - service of an offering

29. Significance of coca-cola V. koke Co of America
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
document by which title to property is passed
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

30. Concurrent ownership
multiple owners of real or personal property
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

31. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
used by members of a cooperative organization to certify the quality of service or product

32. Patent Requirements
novel - useful - non obvious
work for a company with more than 50 employees - employed for a year - and must try to give notice
criticism - use in satire - news report - use to educate
it rewards citizens for putting land to good use rather than just sitting on expanses of property

33. The WARN act calls for what?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
agreement permitting use of a trademark
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

34. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
used by members of a cooperative organization to certify the quality of service or product
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

35. What must a deed possess to be valid?

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36. What is retaliatory discharge?
novel - useful - non obvious
this for that - sexual favors - general conduct however one incident is not enough
must effectively try to acquire protection as well as keep the secret
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

37. Tenancy in common
intent when attached and will item be damaged because of removal? hard to determine
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

38. Are crops real property when they are sold?
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
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
No - they are considered to be goods and is governed by the uniform commercial code
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

39. What are the requirements for making a gift an effective transfer of 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
intent - delivery - acceptance
given exclusive possession and control over property - and knowingly accept responsibility
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

40. What composes an 'at will doctrine'
taking property away from the owner with the intent of permanently removing them of ownership
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
any party can terminate an employment arrangement at anytime no questions asked
treble damages

41. Do Deeds require consideration to be valid?
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
No - property gifts are common
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

42. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
owners of secret must try and protect - destroy garbage
treble damages
crops is considered to be real property and should be considered in the sale of such property.

43. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
another persons right to make limited use of another persons real property without taking anything away from the property
it is a federal crime to use the us postal service to defraud others on false pretenses
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

44. Engagement rings are considered to be?
the corporation could have prevented such acts
novel - useful - non obvious
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
conditional gifts that are only accepted upon the performance of marriage

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

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46. What is the result of a mistrial or a hung jury?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
it rewards citizens for putting land to good use rather than just sitting on expanses of property
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

47. Fair labor standards act covers issues such as?
a deed that transfers interest in a life estate from one to another
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
hours of employment - conditions - age of workers

48. In order for a disability to be legally recognized what must exist?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
10 year period renewable
record of such condition - being regarded as actually having a condition
novel - useful - non obvious

49. Meta tags
key words of a website that are used for search engines
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
distinctive decor - menu - style - service of an offering
fraudulent miss-use of funds that have been entrusted to them

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