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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. 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
process of hiding the source of illegally acquired funds
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
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

2. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
a physical or mental impairment that substantially limits one or more major life activities
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

3. What protection does the 8th amendment provide?
property of one person rightfully in possession of another - custody
obtaining ownership by living on anothers property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
prohibits excessive bail and fines - cruel and unusual punishment

4. In order to receive protection under the family medical leave act - one must?
agreement permitting use of a trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
10 years and it is renewable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

5. Mail fraud act example senator?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

6. Country club case
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
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
reverse engineer - go through garbage..

7. Are crops real property when they are sold?
voluntarily parted with at the time - but then later tries to find it
No - they are considered to be goods and is governed by the uniform commercial code
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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

8. What is an easement?
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
this for that - sexual favors - general conduct however one incident is not enough
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
another persons right to make limited use of another persons real property without taking anything away from the property

9. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

10. Mail Fraud Act of 1990 is what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
must effectively try to acquire protection as well as keep the secret
it is a federal crime to use the us postal service to defraud others on false pretenses
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

11. What is Actus Reus
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
criminal defense stating that a crime was necessary in preventing an even greater crime
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

12. Arraignment is what?
mental state or intent part 2 of 2 for determining criminal liability
entry of a plea - guilty/ not guilty
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
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

13. What is can be considered trade dress?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
mistake of fact
distinctive decor - menu - style - service of an offering
offering someone who works at a different firm money for their trade secrets

14. What is the difference between real and personal property?
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
another persons right to make limited use of another persons real property without taking anything away from the property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
secondary meaning

15. What conditions are covered by the family medical leave act?
breaking into a residence with the intent of performing a felony. this is a crime against property.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
entry of a plea - guilty/ not guilty
birth - child placement - employee health - care for spouse - child - or parent - military duty

16. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

17. How can you come to possess land through adverse possession?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
secondary meaning
ownership rights to property

18. Is it a fixture?
finder after obtaining a title
sally would possess an easement in this case - the right to travel across property owner peter's land
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
intent when attached and will item be damaged because of removal? hard to determine

19. Sexual harassment is treated as what?
property of one person rightfully in possession of another - custody
entry of a plea - guilty/ not guilty
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
sexual harassment is protected under title 7 because it effects genders differently in the workplace

20. Example of an exception to the at will doctrine based on contract theory
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
fraudulent miss-use of funds that have been entrusted to them
a warranty that the buyer will not be disturbed in their possession of the land

21. Fair labor standards act covers issues such as?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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
hours of employment - conditions - age of workers

22. TRIPS agreement
another persons right to make limited use of another persons real property without taking anything away from the property
signed by hundreds of countries that establishes standards for the international protection of intellectual property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

23. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
probable cause
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

24. Requirements of a bailement
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
given exclusive possession and control over property - and knowingly accept responsibility
generally the use of a software to perform a job or deliver product

25. What terminates an easement?
entry of a plea - guilty/ not guilty
document by which title to property is passed
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

26. What could be considered as sexual harassment in the work place
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
this for that - sexual favors - general conduct however one incident is not enough

27. What are the requirements for making a gift an effective transfer of ownership?
owner of premise where it was found - after good title is acquired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
intent - delivery - acceptance
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

28. Derivative work
given exclusive possession and control over property - and knowingly accept responsibility
used by members of a cooperative organization to certify the quality of service or product
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

29. Mistake of fact criminal defense example

30. The madrid protocol accomplishes what?
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
streamlines and standardizes the processes for applying for a trademark abroad
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

31. Discrimination during the hiring process is acceptable when?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
sally would possess an easement in this case - the right to travel across property owner peter's land

32. Darst V. Interstate Brands Corp. regarding family and medical leave rights
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
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
intent - delivery - acceptance

33. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
10 years and it is renewable

34. What composes an 'at will doctrine'
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
intent when attached and will item be damaged because of removal? hard to determine
any party can terminate an employment arrangement at anytime no questions asked
criticism - use in satire - news report - use to educate

35. What composes RICO?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
treble damages
given exclusive possession and control over property - and knowingly accept responsibility

36. Do Deeds require consideration to be valid?
No - property gifts are common
the property that is burdened by a profit
first person to invent not file for patent
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

37. 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
streamlines and standardizes the processes for applying for a trademark abroad
the property that is burdened by a profit
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

38. Are compilation of facts copyrightable? case example
sufficient evidence
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
mental state or intent part 2 of 2 for determining criminal liability
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

39. How long is a copyright protected? for a corporation?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
intent - delivery - acceptance

40. What is a conveyance?
record of such condition - being regarded as actually having a condition
a deed that transfers interest in a life estate from one to another
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property

41. What is a Deed
document by which title to property is passed
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
sally would possess an easement in this case - the right to travel across property owner peter's land
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

42. Secondary Meaning Example frosty treats
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
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

43. How long are patents protected?
20 years from filing
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

44. What is an easement by implication?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
test is originality - lasts life of creator - protection is automatic
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

45. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
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
conditional gifts that are only accepted upon the performance of marriage
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

46. Title VII protected categories?
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
secondary meaning
race - sex - national origin - color - religion
the property that is burdened by a profit

47. Age discrimination achieves what?
the corporation could have prevented such acts
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
cannot be tried again - no appeal

48. How is the right to use a trademark determined?
who has been using it first or filed for it first
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
ownership rights to property

49. What are strong Marks?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

50. What is a profit under real property law?
another persons right to make limited use of another persons real property without taking anything away from the property
the right to enter onto another persons property with the intentions of removing something valuable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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