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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. Business process patents involve?
secondary meaning
generally the use of a software to perform a job or deliver product
signed by hundreds of countries that establishes standards for the international protection of intellectual property
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

2. Requirements of a bailement
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
treble damages
conditional gifts that are only accepted upon the performance of marriage
given exclusive possession and control over property - and knowingly accept responsibility

3. Special Bailments
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

4. The madrid protocol accomplishes what?
a warranty that the buyer will not be disturbed in their possession of the land
streamlines and standardizes the processes for applying for a trademark abroad
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

5. Mail fraud act example senator?
another persons right to make limited use of another persons real property without taking anything away from the 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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

6. The EEOC requires that victims do what before they hold employers liable?
cannot be tried again - no appeal
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
any party can terminate an employment arrangement at anytime no questions asked
another persons right to make limited use of another persons real property without taking anything away from the property

7. Age discrimination achieves what?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
it is a federal crime to use the us postal service to defraud others on false pretenses

8. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
first person to invent not file for patent
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

9. The WARN act calls for what?
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
hours of employment - conditions - age of workers
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

10. Strong Marks Case Example

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11. Reasonable accommodation requirements by the ADA
the corporation could have prevented such acts
sufficient evidence
breaking into a residence with the intent of performing a felony. this is a crime against property.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

12. Duress criminal defense
mental state or intent part 2 of 2 for determining criminal liability
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
document by which title to property is passed
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

13. License in trademark law?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
agreement permitting use of a trademark
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

14. Examples of collective marks
first person to invent not file for patent
given exclusive possession and control over property - and knowingly accept responsibility
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 appeal - subject to new trial

15. How can someone legally acquire trade secrets?
use of illegal income to purchase interest in an enterprise - acquire or maintain interest in an enterprise through the use of racketeering - conduct in activity of an enterprise through racketeering - pattern 2 acts of racketeering or any crime with
finder after obtaining a title
any party can terminate an employment arrangement at anytime no questions asked
reverse engineer - go through garbage..

16. Roman Catholic Church V. Prince Reality Management regarding a license?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
can appeal - subject to new trial
intent - delivery - acceptance
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

17. Mislaid property
breaking into a residence with the intent of performing a felony. this is a crime against property.
key words of a website that are used for search engines
voluntarily parted with at the time - but then later tries to find it
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

18. What is a license considered to be in real property law?
process of hiding the source of illegally acquired funds
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
first person to invent not file for patent
No - they are considered to be goods and is governed by the uniform commercial code

19. What must a deed possess to be valid?

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20. Cybersquatting
intent - delivery - acceptance
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

21. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
multiple owners of real or personal property
can appeal - subject to new trial
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

22. Fair use is limited to?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
novel - useful - non obvious

23. Workers comp and negligence

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24. Americans with disabilities act accomplishes what?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

25. What terminates an easement?
this for that - sexual favors - general conduct however one incident is not enough
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

26. What are the requirements for adverse possession to be recognized?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
conditional gifts that are only accepted upon the performance of marriage
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

27. Derivative work
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
process of hiding the source of illegally acquired funds
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

28. What is a Deed
first person to invent not file for patent
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
work for a company with more than 50 employees - employed for a year - and must try to give notice
document by which title to property is passed

29. Determining disability regarding with and without equipment?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
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
the property that will benefit from a profit

30. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
fraudulent miss-use of funds that have been entrusted to them
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
finder after obtaining a title

31. Meta tag example about terri welles
cannot be tried again - no appeal
the property that is burdened by a profit
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

32. Embezzlement
classic stone corp. owns a profit in gross - and cannot transfer this right to another
crops is considered to be real property and should be considered in the sale of such property.
probable cause
fraudulent miss-use of funds that have been entrusted to them

33. Example of an exception to the at will doctrine based on contract theory
streamlines and standardizes the processes for applying for a trademark abroad
secondary meaning
intent - delivery - acceptance
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

34. Copyright requirements
conditional gifts that are only accepted upon the performance of marriage
generally the use of a software to perform a job or deliver product
the corporation could have prevented such acts
test is originality - lasts life of creator - protection is automatic

35. What is Actus Reus
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
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

36. What happens when land is sold that is growing crops?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the property that will benefit from a profit
crops is considered to be real property and should be considered in the sale of such property.
sexual harassment is protected under title 7 because it effects genders differently in the workplace

37. EEOC is responsible for doing what?
mental state or intent part 2 of 2 for determining criminal liability
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
ownership rights to property

38. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

39. Collective mark
used by members of a cooperative organization to certify the quality of service or product
first person to invent not file for patent
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the corporation could have prevented such acts

40. Service mark
probable cause
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

41. 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.
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
property of one person rightfully in possession of another - custody

42. Steps to determining trademark infringement?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
intent when attached and will item be damaged because of removal? hard to determine
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

43. Sexual harassment is treated as what?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

44. Secondary Meaning Example frosty treats
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

45. Trademarks are good for? are they renewable
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
10 year period renewable

46. Triple amount of damages definition
intent when attached and will item be damaged because of removal? hard to determine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
treble damages
arises when customers begin to associate a specific term or phrase with specific trademarked items

47. 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?

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48. In order to receive protection under the family medical leave act - one must?
property of one person rightfully in possession of another - custody
work for a company with more than 50 employees - employed for a year - and must try to give notice
another persons right to make limited use of another persons real property without taking anything away from the property
No - but if they find any other reason - like you have been late often than you'll probably get fired

49. What conditions are covered by the family medical leave act?
who has been using it first or filed for it first
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
owner of premise where it was found - after good title is acquired
birth - child placement - employee health - care for spouse - child - or parent - military duty

50. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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