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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. The WARN act calls for what?
mental state or intent part 2 of 2 for determining criminal liability
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
a deed that transfers interest in a life estate from one to another
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

2. How long is a copyright protected? for a corporation?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
test is originality - lasts life of creator - protection is automatic
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

3. What are the requirements for making a gift an effective transfer of ownership?
mental state or intent part 2 of 2 for determining criminal liability
it rewards citizens for putting land to good use rather than just sitting on expanses of property
intent - delivery - acceptance
this for that - sexual favors - general conduct however one incident is not enough

4. Outcome of a unanimous guilty verdict?
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
intent - delivery - acceptance
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
can appeal - subject to new trial

5. Tenancy in common
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
employers need to make reasonable effort - employers should have a process to deal with hostility - employees are required to give employer a chance to take care of
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

6. What is a warranty deed?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
20 years from filing
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
voluntarily parted with at the time - but then later tries to find it

7. Concurrent ownership
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
multiple owners of real or personal property
crops is considered to be real property and should be considered in the sale of such property.

8. 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
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

9. Example of how an idea can be inseparable from its expression

10. What is legally a disability?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
arises when customers begin to associate a specific term or phrase with specific trademarked items
a physical or mental impairment that substantially limits one or more major life activities
multiple owners of real or personal property

11. 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?
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
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
cannot be tried again - no appeal

12. What uses fall under the fair use doctrine?
the right to enter onto another persons property with the intentions of removing something valuable
No - they are considered to be goods and is governed by the uniform commercial code
criticism - use in satire - news report - use to educate
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

13. What composes RICO?
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
test is originality - lasts life of creator - protection is automatic
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
this for that - sexual favors - general conduct however one incident is not enough

14. Possible ruling interpretations for accession cases
retain title of ownership when pay other to add value to property - retain title when accession occurs illegally - if upon good faith the improvement changes the identity of the property - it is possible that the title may pass on to the improver - b
generally the use of a software to perform a job or deliver product
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

15. What is can be considered trade dress?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
10 years and it is renewable
distinctive decor - menu - style - service of an offering
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

16. Arraignment is what?
members cannot give nationals favorable treatment
20 years from filing
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
entry of a plea - guilty/ not guilty

17. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
generally the use of a software to perform a job or deliver product
breaking into a residence with the intent of performing a felony. this is a crime against property.

18. What is Actus Reus
cannot be tried again - no appeal
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
No - property gifts are common
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

19. Fair labor standards act covers issues such as?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
hours of employment - conditions - age of workers
document by which title to property is passed

20. Example of an exception to the at will doctrine based on contract theory
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
can appeal - subject to new trial
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

21. Trademarks are good for? are they renewable
10 year period renewable
probable cause
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

22. What is the difference between real and personal property?
process of hiding the source of illegally acquired funds
owners of secret must try and protect - destroy garbage
treble damages
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

23. In order to receive protection under the family medical leave act - one must?
20 years from filing
classic stone corp. owns a profit in gross - and cannot transfer this right to another
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example
work for a company with more than 50 employees - employed for a year - and must try to give notice

24. Engagement rings are considered to be?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
conditional gifts that are only accepted upon the performance of marriage

25. What could be considered as sexual harassment in the work place
record of such condition - being regarded as actually having a condition
this for that - sexual favors - general conduct however one incident is not enough
ownership rights to property
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

26. Bailments are?
taking property away from the owner with the intent of permanently removing them of ownership
property of one person rightfully in possession of another - custody
must effectively try to acquire protection as well as keep the secret
can appeal - subject to new trial

27. Are commercial flights permitted to fly over private property?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

28. Title VII prevents discrimination in?

29. What terminates an easement?
must effectively try to acquire protection as well as keep the secret
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
prohibits excessive bail and fines - cruel and unusual punishment
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

30. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
the property that will benefit from a profit
obtaining ownership by living on anothers property
No - property gifts are common
secondary meaning

31. In real property law who is considered to be the servient estate?
joint tenancy results in the ownership of property after the partner dies - a joint tenancy becomes a tenancy in common upon one party selling their stake
the property that is burdened by a profit
intent when attached and will item be damaged because of removal? hard to determine
it is a federal crime to use the us postal service to defraud others on false pretenses

32. Necessity defense
intent - delivery - acceptance
finder after obtaining a title
multiple owners of real or personal property
criminal defense stating that a crime was necessary in preventing an even greater crime

33. Certification mark
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 years and it is renewable
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

34. What is an easement by prescription?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
it is a federal crime to use the us postal service to defraud others on false pretenses
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

35. What are some criminal defenses
a deed that transfers interest in a life estate from one to another
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

36. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

37. Mislaid property
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
voluntarily parted with at the time - but then later tries to find it
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
allows for use of copyrighted material under certain guidelines

38. Cybersquatting
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
secondary meaning
another persons right to make limited use of another persons real property without taking anything away from the property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

39. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

40. The madrid protocol accomplishes what?
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
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
streamlines and standardizes the processes for applying for a trademark abroad
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

41. What is a covenant of quiet enjoyment?
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
hours of employment - conditions - age of workers
a warranty that the buyer will not be disturbed in their possession of the land

42. Title VII protected categories?
arises when customers begin to associate a specific term or phrase with specific trademarked items
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
race - sex - national origin - color - religion
signed by hundreds of countries that establishes standards for the international protection of intellectual property

43. What is an easement?
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
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
another persons right to make limited use of another persons real property without taking anything away from the property
mental state or intent part 2 of 2 for determining criminal liability

44. Patents allow for the owner to?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
criticism - use in satire - news report - use to educate

45. Reverse discrimination example firefighters
a deed that transfers interest in a life estate from one to another
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
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

46. When property is found that was mislaid who owns it?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
owner of premise where it was found - after good title is acquired
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

47. What is an easement by implication?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

48. What protection does the 6th amendment provide?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

49. How is the right to use a trademark determined?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
another persons right to make limited use of another persons real property without taking anything away from the property
who has been using it first or filed for it first

50. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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