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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. Bailments are?
distinctive decor - menu - style - service of an offering
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
property of one person rightfully in possession of another - custody
multiple owners of real or personal property

2. Fair labor standards act covers issues such as?
test is originality - lasts life of creator - protection is automatic
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
hours of employment - conditions - age of workers
a deed that transfers interest in a life estate from one to another

3. In order to prove discrimination in hiring one has to prove?
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
distinctive decor - menu - style - service of an offering
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

4. Napster example?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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

5. Counterfeiting example? regarding punishment
fraudulent miss-use of funds that have been entrusted to them
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
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

6. What composes an 'at will doctrine'
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
any party can terminate an employment arrangement at anytime no questions asked
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
cannot be tried again - no appeal

7. Purpose of criminal penalties?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

8. Cybersquatting
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

9. Significance of coca-cola V. koke Co of America
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
voluntarily parted with at the time - but then later tries to find it
sally would possess an easement in this case - the right to travel across property owner peter's land
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. Title VII prevents discrimination in?

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11. The WARN act calls for what?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

12. License in trademark law?
agreement permitting use of a trademark
taking property away from the owner with the intent of permanently removing them of ownership
it rewards citizens for putting land to good use rather than just sitting on expanses of property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

13. What is an easement by implication?
a warranty that the buyer will not be disturbed in their possession of the land
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
agreement permitting use of a trademark
owners of secret must try and protect - destroy garbage

14. Secondary Meaning Example frosty treats
secondary meaning
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
test is originality - lasts life of creator - protection is automatic

15. Do Deeds require consideration to be valid?
No - property gifts are common
treble damages
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

16. What kind of mistake can be used as criminal defense?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
mistake of fact

17. What terminates an easement?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

18. Patent Requirements
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
who has been using it first or filed for it first
work for a company with more than 50 employees - employed for a year - and must try to give notice
novel - useful - non obvious

19. What is not copyrightable?
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
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
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
10 years and it is renewable

20. What is an easement?
treble damages
another persons right to make limited use of another persons real property without taking anything away from the property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

21. Arrest requires
probable cause
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
novel - useful - non obvious

22. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
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

23. Facts to be used in the fair use standard are?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
agreement permitting use of a trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

24. Mens Rea
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
key words of a website that are used for search engines
mental state or intent part 2 of 2 for determining criminal liability
agreement permitting use of a trademark

25. What is a license considered to be in real property law?
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
the property that will benefit from a profit
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
fraudulent miss-use of funds that have been entrusted to them

26. 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?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

27. 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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28. Difference between joint tenancy and tenancy in common?
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
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
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
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

29. When property is found who gets property when it was abondoned?
finder after obtaining a title
taking property away from the owner with the intent of permanently removing them of 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
10 year period renewable

30. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
criticism - use in satire - news report - use to educate
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

31. What is the difference between real and personal property?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
record of such condition - being regarded as actually having a condition
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
secondary meaning

32. Commercial bribery example
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
offering someone who works at a different firm money for their trade secrets
secondary meaning
it is a federal crime to use the us postal service to defraud others on false pretenses

33. Is it a fixture?
entry of a plea - guilty/ not guilty
who has been using it first or filed for it first
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
intent when attached and will item be damaged because of removal? hard to determine

34. Meta tags
key words of a website that are used for search engines
10 years and it is renewable
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
possessor must take sole physical occupancy of the property - the possession must be made obvious - possession must be peaceful and exist for the needed amount of time - the possessor cannot have permission

35. The madrid protocol accomplishes what?
race - sex - national origin - color - religion
another persons right to make limited use of another persons real property without taking anything away from the property
the property that will benefit from a profit
streamlines and standardizes the processes for applying for a trademark abroad

36. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
can appeal - subject to new trial
used by members of a cooperative organization to certify the quality of service or product
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

37. What composes RICO?
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
offering someone who works at a different firm money for their trade secrets
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

38. TRIPS agreement
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
it is a federal crime to use the us postal service to defraud others on false pretenses
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

39. Candyland example?
any party can terminate an employment arrangement at anytime no questions asked
must effectively try to acquire protection as well as keep the secret
intent - delivery - acceptance
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

40. What happens when land is sold that is growing crops?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
sufficient evidence
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
crops is considered to be real property and should be considered in the sale of such property.

41. When property is found that was mislaid who owns it?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
record of such condition - being regarded as actually having a condition
owner of premise where it was found - after good title is acquired

42. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
multiple owners of real or personal property
ownership rights to property

43. What are strong Marks?
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
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

44. Business process patents involve?
generally the use of a software to perform a job or deliver product
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
race - sex - national origin - color - religion

45. What is legally a disability?
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
a physical or mental impairment that substantially limits one or more major life activities
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

46. How long is a trademark protected? is it renewable
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
10 years and it is renewable
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

47. 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
test is originality - lasts life of creator - protection is automatic
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

48. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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

49. Requirements of a bailement
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
work for a company with more than 50 employees - employed for a year - and must try to give notice
given exclusive possession and control over property - and knowingly accept responsibility
first person to invent not file for patent

50. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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