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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. In real property law who is considered to be the servient estate?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
the property that is burdened by a profit
distinctive decor - menu - style - service of an offering
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

2. In order to prove discrimination in hiring one has to prove?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
process of hiding the source of illegally acquired funds
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

3. Indictment requires
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
entry of a plea - guilty/ not guilty
sufficient evidence
must effectively try to acquire protection as well as keep the secret

4. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

5. Business process patents involve?
generally the use of a software to perform a job or deliver product
reverse engineer - go through garbage..
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

6. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
any party can terminate an employment arrangement at anytime no questions asked
breaking into a residence with the intent of performing a felony. this is a crime against property.
entry of a plea - guilty/ not guilty

7. What is a warranty deed?
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
secondary meaning
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

8. Derivative work
race - sex - national origin - color - religion
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
record of such condition - being regarded as actually having a condition
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

9. Drake V. Walton County regarding the county taking property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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.
generally the use of a software to perform a job or deliver product

10. Adverse possession
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
obtaining ownership by living on anothers property

11. What is the purpose of the adverse possession doctrine?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
streamlines and standardizes the processes for applying for a trademark abroad

12. How long is a trademark protected? is it renewable
10 years and it is renewable
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
voluntarily parted with at the time - but then later tries to find it

13. Example of an exception to the at will doctrine based on contract theory
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
distinctive decor - menu - style - service of an offering
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
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

14. What are the requirements for adverse possession to be recognized?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

15. Are compilation of facts copyrightable? case example
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
the right to enter onto another persons property with the intentions of removing something valuable
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

16. What is protected expression?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

17. Certification mark
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
treble damages
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

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

19. Secondary Meaning Example frosty treats
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
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

20. Estray statutes encourage what?
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
probable cause
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

21. Gold club corporate criminal liability example?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
work for a company with more than 50 employees - employed for a year - and must try to give notice
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

22. 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?
probable cause
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a deed that transfers interest in a life estate from one to another

23. Arrest requires
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
probable cause
race - sex - national origin - color - religion
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

24. Meta tags
key words of a website that are used for search engines
treble damages
fraudulent miss-use of funds that have been entrusted to them
offering someone who works at a different firm money for their trade secrets

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

26. Can you be fired for whistle blowing?

27. Outcome of unanimous not guilty?
cannot be tried again - no appeal
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
criminal defense stating that a crime was necessary in preventing an even greater crime
who has been using it first or filed for it first

28. Remedies for patent infringement
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
another persons right to make limited use of another persons real property without taking anything away from the property

29. Copyright requirements
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
test is originality - lasts life of creator - protection is automatic
crops is considered to be real property and should be considered in the sale of such property.
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

30. What is a covenant of quiet enjoyment?
who has been using it first or filed for it first
record of such condition - being regarded as actually having a condition
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
a warranty that the buyer will not be disturbed in their possession of the land

31. Embezzlement
the corporation could have prevented such acts
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
fraudulent miss-use of funds that have been entrusted to them

32. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
a deed that transfers interest in a life estate from one to another
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

33. What determines likeliness of confusion?
No - they are considered to be goods and is governed by the uniform commercial code
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

34. How is the right to use a trademark determined?
who has been using it first or filed for it first
10 year period renewable
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
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

35. Examples of collective marks
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
agreement permitting use of a trademark

36. What is the difference between real and personal property?
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 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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

37. The madrid protocol accomplishes what?
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
streamlines and standardizes the processes for applying for a trademark abroad
owners of secret must try and protect - destroy garbage

38. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
key words of a website that are used for search engines

39. What are some criminal defenses
No - but if they find any other reason - like you have been late often than you'll probably get fired
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

40. Concurrent ownership
document by which title to property is passed
multiple owners of real or personal 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
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

41. Discrimination during the hiring process is acceptable when?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

42. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
it is a federal crime to use the us postal service to defraud others on false pretenses
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

43. Title VII prevents discrimination in?

44. What protection does the 6th amendment provide?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
property of one person rightfully in possession of another - custody
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

45. What is legally a disability?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
a physical or mental impairment that substantially limits one or more major life activities

46. What must a deed possess to be valid?

47. What is not copyrightable?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
cannot be tried again - no appeal

48. Example of an exception to the at will doctrine based on tort theory
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
distinctive decor - menu - style - service of an offering
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

49. Candyland example?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
secondary meaning
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

50. Mislaid property
mental state or intent part 2 of 2 for determining criminal liability
members cannot give nationals favorable treatment
a warranty that the buyer will not be disturbed in their possession of the land
voluntarily parted with at the time - but then later tries to find it