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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. What is a profit under real property law?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
agreement permitting use of a trademark
the right to enter onto another persons property with the intentions of removing something valuable
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

2. Napster example?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
it rewards citizens for putting land to good use rather than just sitting on expanses of property
process of hiding the source of illegally acquired funds

3. Duress criminal defense
owner of premise where it was found - after good title is acquired
it rewards citizens for putting land to good use rather than just sitting on expanses of property
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
arises when customers begin to associate a specific term or phrase with specific trademarked items

4. What is a warranty deed?
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
given exclusive possession and control over property - and knowingly accept responsibility
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

5. Burglary
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
breaking into a residence with the intent of performing a felony. this is a crime against property.
criminal defense stating that a crime was necessary in preventing an even greater crime
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

6. Are commercial flights permitted to fly over private property?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
mistake of fact

7. How is the right to use a trademark determined?
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
secondary meaning
property of one person rightfully in possession of another - custody
who has been using it first or filed for it first

8. Facts to be used in the fair use standard are?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
streamlines and standardizes the processes for applying for a trademark abroad
sexual harassment is protected under title 7 because it effects genders differently in the workplace
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

9. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
No - property gifts are common

10. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
another persons right to make limited use of another persons real property without taking anything away from the property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
No - but if they find any other reason - like you have been late often than you'll probably get fired

11. In order to receive protection under the family medical leave act - one must?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
streamlines and standardizes the processes for applying for a trademark abroad
generally the use of a software to perform a job or deliver product

12. Mistake of fact criminal defense example

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13. Trademark dilution
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
this for that - sexual favors - general conduct however one incident is not enough
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
streamlines and standardizes the processes for applying for a trademark abroad

14. Meta tag example about terri welles
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

15. When property is found who gets property when it was abondoned?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
agreement permitting use of a trademark
finder after obtaining a title

16. Determining disability regarding with and without equipment?
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
ownership rights to property
distinctive decor - menu - style - service of an offering
a physical or mental impairment that substantially limits one or more major life activities

17. Estray statutes encourage what?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
owner of premise where it was found - after good title is acquired
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

18. Country club case
No - but if they find any other reason - like you have been late often than you'll probably get fired
secondary meaning
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
process of hiding the source of illegally acquired funds

19. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
who has been using it first or filed for it first
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
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

20. Workers comp and negligence

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21. Darst V. Interstate Brands Corp. regarding family and medical leave rights
document by which title to property is passed
must effectively try to acquire protection as well as keep the secret
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
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

22. What kind of mistake can be used as criminal defense?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
20 years from filing
mistake of fact

23. Sambucks vs. starbucks
multiple owners of real or personal property
owners of secret must try and protect - destroy garbage
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

24. What is an easement?
generally the use of a software to perform a job or deliver product
birth - child placement - employee health - care for spouse - child - or parent - military duty
another persons right to make limited use of another persons real property without taking anything away from the 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

25. Arraignment is what?
entry of a plea - guilty/ not guilty
treble damages
hours of employment - conditions - age of workers
used by members of a cooperative organization to certify the quality of service or product

26. Larceny
owners of secret must try and protect - destroy garbage
taking property away from the owner with the intent of permanently removing them of ownership
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

27. What are strong Marks?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a deed that transfers interest in a life estate from one to another

28. Strong Marks Case Example

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29. How can you come to possess land through adverse possession?
20 years from filing
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
entry of a plea - guilty/ not guilty
the corporation could have prevented such acts

30. What is an easement by implication?
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
offering someone who works at a different firm money for their trade secrets
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
owners of secret must try and protect - destroy garbage

31. What conditions are covered by the family medical leave act?
arises when customers begin to associate a specific term or phrase with specific trademarked items
birth - child placement - employee health - care for spouse - child - or parent - military duty
test is originality - lasts life of creator - protection is automatic
classic stone corp. owns a profit in gross - and cannot transfer this right to another

32. Money laundering
process of hiding the source of illegally acquired funds
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
classic stone corp. owns a profit in gross - and cannot transfer this right to another

33. Adverse possession
intent when attached and will item be damaged because of removal? hard to determine
obtaining ownership by living on anothers property
intent - delivery - acceptance
20 years from filing

34. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
reverse engineer - go through garbage..
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

35. Possible ruling interpretations for accession cases
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
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
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

36. The madrid protocol accomplishes what?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
taking property away from the owner with the intent of permanently removing them of ownership
streamlines and standardizes the processes for applying for a trademark abroad
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

37. Difference between joint tenancy and tenancy in common?
entry of a plea - guilty/ not guilty
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
document by which title to property is passed

38. Title VII prevents discrimination in?

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39. Attorney client privilege accomplishes what?
treble damages
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
novel - useful - non obvious
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. What composes an 'at will doctrine'
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
10 years and it is renewable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
any party can terminate an employment arrangement at anytime no questions asked

41. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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 one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

42. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
document by which title to property is passed
it is a federal crime to use the us postal service to defraud others on false pretenses
treble damages

43. Counterfeiting example? regarding punishment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

44. What is a license considered to be in real property law?
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 movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
sufficient evidence

45. Derivative work
key words of a website that are used for search engines
intent - delivery - acceptance
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

46. Do Deeds require consideration to be valid?
No - property gifts are common
taking property away from the owner with the intent of permanently removing them of ownership
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

47. Meta tags
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
key words of a website that are used for search engines
sexual harassment is protected under title 7 because it effects genders differently in the workplace

48. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
ownership rights to property
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

49. Bailments are?
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
agreement permitting use of a trademark
property of one person rightfully in possession of another - custody
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

50. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
taking property away from the owner with the intent of permanently removing them of ownership
secondary meaning