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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. Triple amount of damages definition
treble damages
entry of a plea - guilty/ not guilty
test is originality - lasts life of creator - protection is automatic
this for that - sexual favors - general conduct however one incident is not enough

2. What is Actus Reus
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

3. What are the requirements for making a gift an effective transfer of ownership?
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
must effectively try to acquire protection as well as keep the secret
intent - delivery - acceptance
generally the use of a software to perform a job or deliver product

4. 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?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

5. Fair use is limited to?
a physical or mental impairment that substantially limits one or more major life activities
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
finder after obtaining a title
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

6. What is protected expression?
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
mental state or intent part 2 of 2 for determining criminal liability
generally the use of a software to perform a job or deliver product
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

7. What is a job offer?
must effectively try to acquire protection as well as keep the secret
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
No - but if they find any other reason - like you have been late often than you'll probably get fired

8. What is can be considered trade dress?
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
race - sex - national origin - color - religion
distinctive decor - menu - style - service of an offering
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

9. What must a deed possess to be valid?

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10. What determines likeliness of confusion?
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
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

11. Steps to determining trademark infringement?
secondary meaning
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
voluntarily parted with at the time - but then later tries to find it
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

12. Mislaid property
voluntarily parted with at the time - but then later tries to find it
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

13. Determining disability regarding with and without equipment?
owners of secret must try and protect - destroy garbage
taking property away from the owner with the intent of permanently removing them of ownership
the property that will benefit from a profit
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

14. What is the result of a mistrial or a hung jury?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense

15. What terminates an easement?
criminal defense stating that a crime was necessary in preventing an even greater crime
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
cannot be tried again - no appeal
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

16. Collective mark
used by members of a cooperative organization to certify the quality of service or product
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
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
the right to enter onto another persons property with the intentions of removing something valuable

17. Meta tags
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
key words of a website that are used for search engines
document by which title to property is passed

18. Generic terms can never have?
secondary meaning
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
intent - delivery - acceptance
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

19. Are commercial flights permitted to fly over private property?
owners of secret must try and protect - destroy garbage
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

20. What is an implied warranty of habitability?
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
streamlines and standardizes the processes for applying for a trademark abroad
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

21. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
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.
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

22. Are crops real property when they are sold?
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
No - they are considered to be goods and is governed by the uniform commercial code

23. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 year period renewable
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

24. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
entry of a plea - guilty/ not guilty
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
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

25. Tenancy by the entirety - or community ownership
probable cause
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
must effectively try to acquire protection as well as keep the secret
used by members of a cooperative organization to certify the quality of service or product

26. What is not copyrightable?
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
offering someone who works at a different firm money for their trade secrets
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
novel - useful - non obvious

27. Example of how an idea can be inseparable from its expression

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28. What conditions are covered by the family medical leave act?
mental state or intent part 2 of 2 for determining criminal liability
a warranty that the buyer will not be disturbed in their possession of the land
conditional gifts that are only accepted upon the performance of marriage
birth - child placement - employee health - care for spouse - child - or parent - military duty

29. Arraignment is what?
who has been using it first or filed for it first
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
entry of a plea - guilty/ not guilty

30. Do Deeds require consideration to be valid?
No - property gifts are common
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
secondary meaning
secondary meaning

31. Dominion
ownership rights to property
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

32. KSR Internation V. Teleflex INC. regarding what is patentable?

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33. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
a warranty that the buyer will not be disturbed in their possession of the land
reverse engineer - go through garbage..
the property that will benefit from a profit

34. Secondary Meaning Example frosty treats
criminal defense stating that a crime was necessary in preventing an even greater crime
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
document by which title to property is passed

35. Can you be fired for whistle blowing?

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36. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
work for a company with more than 50 employees - employed for a year - and must try to give notice
key words of a website that are used for search engines

37. What are strong Marks?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
property of one person rightfully in possession of another - custody
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

38. Commercial bribery example
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
offering someone who works at a different firm money for their trade secrets
No - but if they find any other reason - like you have been late often than you'll probably get fired

39. What is the determining issue when proving entrapment?
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
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
given exclusive possession and control over property - and knowingly accept responsibility

40. Purpose of criminal penalties?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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

41. 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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
No - but if they find any other reason - like you have been late often than you'll probably get fired
can appeal - subject to new trial

42. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
probable cause
novel - useful - non obvious
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

43. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
10 year period renewable
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
cannot be tried again - no appeal
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

44. Money laundering
process of hiding the source of illegally acquired funds
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

45. In order to recieve protection what must one do?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
this for that - sexual favors - general conduct however one incident is not enough
must effectively try to acquire protection as well as keep the secret
the right to enter onto another persons property with the intentions of removing something valuable

46. Certification mark
the property that is burdened by a profit
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee

47. Sexual harassment is treated as what?
the corporation could have prevented such acts
finder after obtaining a title
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
sexual harassment is protected under title 7 because it effects genders differently in the workplace

48. Special Bailments
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

49. What composes an 'at will doctrine'
secondary meaning
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
any party can terminate an employment arrangement at anytime no questions asked
taking property away from the owner with the intent of permanently removing them of ownership

50. Robbery
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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