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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
it is a federal crime to use the us postal service to defraud others on false pretenses
process of hiding the source of illegally acquired funds

2. Purpose of criminal penalties?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
owners of secret must try and protect - destroy garbage
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
multiple owners of real or personal property

3. Workers comp and negligence

4. Examples of collective marks
treble damages
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

5. What is an easement by prescription?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
obtaining ownership by living on anothers property
another persons right to make limited use of another persons real property without taking anything away from the property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

6. Service mark
hours of employment - conditions - age of workers
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
key words of a website that are used for search engines
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

7. Steps to determining trademark infringement?
key words of a website that are used for search engines
the property that is burdened by a profit
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
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

8. License in trademark law?
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
agreement permitting use of a trademark
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
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

9. Are commercial flights permitted to fly over private property?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

10. Commercial bribery example
the property that will benefit from a profit
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
offering someone who works at a different firm money for their trade secrets
signed by hundreds of countries that establishes standards for the international protection of intellectual property

11. What is protected expression?
process of hiding the source of illegally acquired funds
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

12. What is legally a disability?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
a physical or mental impairment that substantially limits one or more major life activities
taking property away from the owner with the intent of permanently removing them of ownership

13. Requirements of a bailement
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
given exclusive possession and control over property - and knowingly accept responsibility
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

14. Tenancy in common
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
secondary meaning
given exclusive possession and control over property - and knowingly accept responsibility
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

15. Sexual harassment is treated as what?
document by which title to property is passed
key words of a website that are used for search engines
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

16. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

17. The EEOC requires that victims do what before they hold employers liable?
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
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
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
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

18. 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?
20 years from filing
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
intent - delivery - acceptance
used by members of a cooperative organization to certify the quality of service or product

19. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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

20. Trademarks are good for? are they renewable
10 year period renewable
any party can terminate an employment arrangement at anytime no questions asked
intent when attached and will item be damaged because of removal? hard to determine
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

21. Engagement rings are considered to be?
members cannot give nationals favorable treatment
conditional gifts that are only accepted upon the performance of marriage
classic stone corp. owns a profit in gross - and cannot transfer this right to another
distinctive decor - menu - style - service of an offering

22. 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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
race - sex - national origin - color - religion
a warranty that the buyer will not be disturbed in their possession of the land

23. What is a covenant of quiet enjoyment?
can appeal - subject to new trial
finder after obtaining a title
a warranty that the buyer will not be disturbed in their possession of the land
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

24. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
owner of premise where it was found - after good title is acquired
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 in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

25. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
it is a federal crime to use the us postal service to defraud others on false pretenses
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

26. What are some criminal defenses
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
multiple owners of real or personal property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

27. Dominion
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
reverse engineer - go through garbage..
ownership rights to property
key words of a website that are used for search engines

28. What composes RICO?
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

29. Patent Requirements
intent when attached and will item be damaged because of removal? hard to determine
test is originality - lasts life of creator - protection is automatic
work for a company with more than 50 employees - employed for a year - and must try to give notice
novel - useful - non obvious

30. What are strong Marks?
property of one person rightfully in possession of another - custody
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

31. Title VII prevents discrimination in?

32. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owner of premise where it was found - after good title is acquired
used by members of a cooperative organization to certify the quality of service or product

33. The madrid protocol accomplishes what?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
streamlines and standardizes the processes for applying for a trademark abroad

34. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
hours of employment - conditions - age of workers
can appeal - subject to new trial

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

36. Country club case
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
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
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

37. TRIPS agreement
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
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

38. Generic terms can never have?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
secondary meaning
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
another persons right to make limited use of another persons real property without taking anything away from the property

39. Outcome of unanimous not guilty?
cannot be tried again - no appeal
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
multiple owners of real or personal property

40. How can you come to possess land through adverse possession?
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
this for that - sexual favors - general conduct however one incident is not enough
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

41. Secondary Meaning Example frosty treats
10 years and it is renewable
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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

42. Drake V. Walton County regarding the county taking property
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.
it is a federal crime to use the us postal service to defraud others on false pretenses
given exclusive possession and control over property - and knowingly accept responsibility
the corporation could have prevented such acts

43. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
can appeal - subject to new trial
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
obtaining ownership by living on anothers property

44. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
mistake of fact

45. Bailments are?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
ownership rights to property
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.
property of one person rightfully in possession of another - custody

46. Reverse discrimination example firefighters
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
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
prohibits excessive bail and fines - cruel and unusual punishment
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

47. What determines likeliness of confusion?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

48. What is a conveyance?
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
a deed that transfers interest in a life estate from one to another
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

49. Arraignment is what?
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
entry of a plea - guilty/ not guilty
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
arises when customers begin to associate a specific term or phrase with specific trademarked items

50. In the united states who gets the patent if there is a conflict?
any party can terminate an employment arrangement at anytime no questions asked
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
first person to invent not file for patent
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work