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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. Embezzlement
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
fraudulent miss-use of funds that have been entrusted to them
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

2. What is a conveyance?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a deed that transfers interest in a life estate from one to another
finder after obtaining a title
the right to enter onto another persons property with the intentions of removing something valuable

3. Generic terms can never have?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a physical or mental impairment that substantially limits one or more major life activities
secondary meaning

4. In order to receive protection under the family medical leave act - one must?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
owner of premise where it was found - after good title is acquired
work for a company with more than 50 employees - employed for a year - and must try to give notice

5. What is a profit under real property law?
probable cause
No - property gifts are common
the property that is burdened by a profit
the right to enter onto another persons property with the intentions of removing something valuable

6. The WARN act calls for what?
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
intent - delivery - acceptance
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
the property that will benefit from a profit

7. Collective mark
No - property gifts are 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
used by members of a cooperative organization to certify the quality of service or product
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

8. Country club case
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
cannot be tried again - no appeal
given exclusive possession and control over property - and knowingly accept responsibility

9. In order to recieve protection what must one do?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
owners of secret must try and protect - destroy garbage
must effectively try to acquire protection as well as keep the secret

10. Remedies for patent infringement
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
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
obtaining ownership by living on anothers property
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.

11. What are the requirements for adverse possession to be recognized?
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

12. What uses fall under the fair use doctrine?
test is originality - lasts life of creator - protection is automatic
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
criticism - use in satire - news report - use to educate
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

13. Reverse discrimination example firefighters
hours of employment - conditions - age of workers
10 year period renewable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

14. Steps to determining trademark infringement?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
it is a federal crime to use the us postal service to defraud others on false pretenses
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
20 years from filing

15. Purpose of criminal penalties?
voluntarily parted with at the time - but then later tries to find it
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

16. Attorney client privilege accomplishes what?
intent - delivery - acceptance
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
can appeal - subject to new trial
work for a company with more than 50 employees - employed for a year - and must try to give notice

17. Fair use doctrine
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
allows for use of copyrighted material under certain guidelines
No - they are considered to be goods and is governed by the uniform commercial code

18. Secondary Meaning Example frosty treats
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the property that is burdened by a profit
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

19. Trademarks are good for? are they renewable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
No - they are considered to be goods and is governed by the uniform commercial code
10 year period renewable
must effectively try to acquire protection as well as keep the secret

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

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21. Estray statutes encourage what?
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
this for that - sexual favors - general conduct however one incident is not enough
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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

22. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
work for a company with more than 50 employees - employed for a year - and must try to give notice
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

23. Copyright requirements
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
test is originality - lasts life of creator - protection is automatic
mental state or intent part 2 of 2 for determining criminal liability
who has been using it first or filed for it first

24. What is Actus Reus
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
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

25. Are crops real property when they are sold?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
No - they are considered to be goods and is governed by the uniform commercial code

26. What must a deed possess to be valid?

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27. How is the right to use a trademark determined?
who has been using it first or filed for it first
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
owner of premise where it was found - after good title is acquired
conditional gifts that are only accepted upon the performance of marriage

28. Constructive bailments are?

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29. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
owner of premise where it was found - after good title is acquired
record of such condition - being regarded as actually having a condition

30. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
secondary meaning
document by which title to property is passed

31. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
sally would possess an easement in this case - the right to travel across property owner peter's land
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
this for that - sexual favors - general conduct however one incident is not enough

32. Money laundering
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
first person to invent not file for patent
process of hiding the source of illegally acquired funds

33. Arrest requires
intent when attached and will item be damaged because of removal? hard to determine
breaking into a residence with the intent of performing a felony. this is a crime against property.
No - they are considered to be goods and is governed by the uniform commercial code
probable cause

34. Meta tags
key words of a website that are used for search engines
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

35. Arraignment is what?
entry of a plea - guilty/ not guilty
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
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
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

36. Mistake of fact criminal defense example

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37. Example of an exception to the at will doctrine based on contract theory
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
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
who has been using it first or filed for it first

38. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
crops is considered to be real property and should be considered in the sale of such property.

39. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

40. What is secondary meaning?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
No - property gifts are common
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

41. What is the result of a mistrial or a hung jury?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
obtaining ownership by living on anothers property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

42. Responsible corporate officer doctrine?
obtaining ownership by living on anothers property
property of one person rightfully in possession of another - custody
voluntarily parted with at the time - but then later tries to find it
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

43. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
prohibits excessive bail and fines - cruel and unusual punishment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
this for that - sexual favors - general conduct however one incident is not enough

44. Examples of collective marks
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
work for a company with more than 50 employees - employed for a year - and must try to give notice
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

45. What is an easement by implication?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
taking property away from the owner with the intent of permanently removing them of ownership
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

46. What protection does the 6th amendment provide?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
probable cause
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

47. Burglary
birth - child placement - employee health - care for spouse - child - or parent - military duty
breaking into a residence with the intent of performing a felony. this is a crime against property.
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

48. Dominion
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
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
ownership rights to property
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

49. 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

50. In order to prove discrimination in hiring one has to prove?
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
voluntarily parted with at the time - but then later tries to find it
a deed that transfers interest in a life estate from one to another
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

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