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Business Law Yale

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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. Example of an exception to the at will doctrine based on contract theory
entry of a plea - guilty/ not guilty
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

2. The EEOC requires that victims do what before they hold employers liable?
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
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
must effectively try to acquire protection as well as keep the secret
streamlines and standardizes the processes for applying for a trademark abroad

3. What are some criminal defenses
first person to invent not file for patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
entry of a plea - guilty/ not guilty
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

4. KSR Internation V. Teleflex INC. regarding what is patentable?
intent - delivery - acceptance
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

5. What are the requirements for adverse possession to be recognized?
document by which title to property is passed
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 one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
generally the use of a software to perform a job or deliver product

6. How long are patents protected?
20 years from filing
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
obtaining ownership by living on anothers property

7. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
can appeal - subject to new trial

8. Mislaid property
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
arises when customers begin to associate a specific term or phrase with specific trademarked items
voluntarily parted with at the time - but then later tries to find it

9. Possible ruling interpretations for accession cases
crops is considered to be real property and should be considered in the sale of such property.
intent - delivery - acceptance
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
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

10. TRIPS agreement
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
signed by hundreds of countries that establishes standards for the international protection of intellectual property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
mistake of fact

11. Can you be fired for whistle blowing?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
No - but if they find any other reason - like you have been late often than you'll probably get fired
members cannot give nationals favorable treatment
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

12. Constructive bailments are?
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 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
fraudulent miss-use of funds that have been entrusted to them
record of such condition - being regarded as actually having a condition

13. Money laundering
a deed that transfers interest in a life estate from one to another
owners of secret must try and protect - destroy garbage
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
process of hiding the source of illegally acquired funds

14. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

15. Dominion
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
ownership rights to property
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

16. What is Actus Reus
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

17. What is the determining issue when proving entrapment?
criminal defense stating that a crime was necessary in preventing an even greater crime
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 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
hours of employment - conditions - age of workers

18. Attorney client privilege accomplishes what?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
secondary meaning
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

19. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
it is a federal crime to use the us postal service to defraud others on false pretenses
the corporation could have prevented such acts
streamlines and standardizes the processes for applying for a trademark abroad

20. Concurrent ownership
multiple owners of real or personal property
crops is considered to be real property and should be considered in the sale of such property.
property of one person rightfully in possession of another - custody
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

21. Do Deeds require consideration to be valid?
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
owner of premise where it was found - after good title is acquired
No - property gifts are common
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

22. Larceny
the corporation could have prevented such acts
taking property away from the owner with the intent of permanently removing them of ownership
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
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

23. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
criminal defense stating that a crime was necessary in preventing an even greater crime
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

24. What conditions are covered by the family medical leave act?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
birth - child placement - employee health - care for spouse - child - or parent - military duty
this for that - sexual favors - general conduct however one incident is not enough
it rewards citizens for putting land to good use rather than just sitting on expanses of property

25. What is a job offer?
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
sufficient evidence
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

26. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
fraudulent miss-use of funds that have been entrusted to them
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

27. Reverse discrimination example firefighters
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
crops is considered to be real property and should be considered in the sale of such property.
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

28. What are strong Marks?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
given exclusive possession and control over property - and knowingly accept responsibility

29. Mens Rea
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
mental state or intent part 2 of 2 for determining criminal liability
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

30. Darst V. Interstate Brands Corp. regarding family and medical leave rights
voluntarily parted with at the time - but then later tries to find it
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

31. Members of the TRIPS agreement cannot do 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
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
members cannot give nationals favorable treatment

32. Commercial bribery example
it rewards citizens for putting land to good use rather than just sitting on expanses of property
offering someone who works at a different firm money for their trade secrets
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

33. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

34. Meta tags
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
key words of a website that are used for search engines

35. Drake V. Walton County regarding the county taking property
multiple owners of real or personal property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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.

36. Duress criminal defense
multiple owners of real or personal property
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

37. What is an easement?
a physical or mental impairment that substantially limits one or more major life activities
another persons right to make limited use of another persons real property without taking anything away from the property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

38. License in trademark law?
agreement permitting use of a trademark
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
fraudulent miss-use of funds that have been entrusted to them
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

39. Example of how an idea can be inseparable from its expression
obtaining ownership by living on anothers property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

40. Are crops real property when they are sold?
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
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

41. Title VII prevents discrimination in?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

42. Under the americans with disabilities act - when can a disability be discussed?
breaking into a residence with the intent of performing a felony. this is a crime against property.
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

43. What is the purpose of the adverse possession doctrine?
prohibits excessive bail and fines - cruel and unusual punishment
it rewards citizens for putting land to good use rather than just sitting on expanses of property
it is a federal crime to use the us postal service to defraud others on false pretenses
breaking into a residence with the intent of performing a felony. this is a crime against property.

44. Sambucks vs. starbucks
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
No - property gifts are common
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

45. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
entry of a plea - guilty/ not guilty
the right to enter onto another persons property with the intentions of removing something valuable
10 year period renewable

46. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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

47. What is secondary meaning?
finder after obtaining a title
arises when customers begin to associate a specific term or phrase with specific trademarked items
any party can terminate an employment arrangement at anytime no questions asked
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

48. What uses fall under the fair use doctrine?
20 years from filing
criticism - use in satire - news report - use to educate
conditional gifts that are only accepted upon the performance of marriage
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

49. What is a profit under real property law?
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.
the right to enter onto another persons property with the intentions of removing something valuable
a deed that transfers interest in a life estate from one to another
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

50. Fair labor standards act covers issues such as?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
hours of employment - conditions - age of workers
another persons right to make limited use of another persons real property without taking anything away from the property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

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