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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. What conditions are covered by the family medical leave act?
probable cause
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

2. Business process patents involve?
No - but if they find any other reason - like you have been late often than you'll probably get fired
generally the use of a software to perform a job or deliver product
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

3. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
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
key words of a website that are used for search engines
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

4. Collective mark
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
used by members of a cooperative organization to certify the quality of service or product
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

5. How long is a copyright protected? for a corporation?
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

6. When property is found who gets property when it was abondoned?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
finder after obtaining a title

7. Under the americans with disabilities act - when can a disability be discussed?

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8. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the property that will benefit from a profit

9. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
sally would possess an easement in this case - the right to travel across property owner peter's land
a physical or mental impairment that substantially limits one or more major life activities

10. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
offering someone who works at a different firm money for their trade secrets
a warranty that the buyer will not be disturbed in their possession of the land
can appeal - subject to new trial

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

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12. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
generally the use of a software to perform a job or deliver product
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
a deed that transfers interest in a life estate from one to another

13. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
probable cause

14. Counterfeiting example? regarding punishment
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
criticism - use in satire - news report - use to educate
birth - child placement - employee health - care for spouse - child - or parent - military duty

15. Concurrent ownership
multiple owners of real or personal property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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

16. Gold club corporate criminal liability example?
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
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
key words of a website that are used for search engines
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

17. Dominion
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
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
ownership rights to property
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

18. What is a Deed
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
document by which title to property is passed
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

19. What is an implied warranty of habitability?
sufficient evidence
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
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
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

20. Service mark
another persons right to make limited use of another persons real property without taking anything away from the property
sufficient evidence
ownership rights to property
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

21. In order to prove discrimination in hiring one has to prove?
secondary meaning
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
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

22. Indictment requires
taking property away from the owner with the intent of permanently removing them of ownership
sufficient evidence
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
who has been using it first or filed for it first

23. Example of an exception to the at will doctrine based on contract theory
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

24. What are the requirements for making a gift an effective transfer of ownership?
another persons right to make limited use of another persons real property without taking anything away from the property
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
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
intent - delivery - acceptance

25. 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
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
novel - useful - non obvious
reverse engineer - go through garbage..

26. How long is a trademark protected? is it renewable
10 years and it is renewable
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

27. Title VII protected categories?
race - sex - national origin - color - religion
intent - delivery - acceptance
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

28. Candyland example?
voluntarily parted with at the time - but then later tries to find it
can appeal - subject to new trial
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

29. What is a profit under real property law?
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

30. Copyright requirements
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
test is originality - lasts life of creator - protection is automatic
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

31. The WARN act calls for what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
this for that - sexual favors - general conduct however one incident is not enough
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

32. Attorney client privilege accomplishes what?
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
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
must effectively try to acquire protection as well as keep the secret
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

33. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

34. Employers should handle hostile environments regarding protected members of title 7 by?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
taking property away from the owner with the intent of permanently removing them of ownership
agreement permitting use of a trademark

35. What is a job offer?
signed by hundreds of countries that establishes standards for the international protection of intellectual 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.
must effectively try to acquire protection as well as keep the secret
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

36. Mens Rea
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
mental state or intent part 2 of 2 for determining criminal liability
taking property away from the owner with the intent of permanently removing them of ownership
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

37. Bailments are?
property of one person rightfully in possession of another - custody
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
secondary meaning
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

38. EEOC is responsible for doing what?
No - property gifts are common
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
property of one person rightfully in possession of another - custody
voluntarily parted with at the time - but then later tries to find it

39. How are trade secrets treated and protected?
first person to invent not file for patent
owners of secret must try and protect - destroy garbage
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
criticism - use in satire - news report - use to educate

40. 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
conditional gifts that are only accepted upon the performance of marriage

41. Requirements of a bailement
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
sexual harassment is protected under title 7 because it effects genders differently in the workplace
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
given exclusive possession and control over property - and knowingly accept responsibility

42. How can you come to possess land through adverse possession?
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

43. Mail Fraud Act of 1990 is what?
the corporation could have prevented such acts
it is a federal crime to use the us postal service to defraud others on false pretenses
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
generally the use of a software to perform a job or deliver product

44. Commercial bribery example
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
offering someone who works at a different firm money for their trade secrets
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
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

45. What uses fall under the fair use doctrine?
agreement permitting use of a trademark
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
criticism - use in satire - news report - use to educate
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

46. In real property law who is considered to be the dominant estate?
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
test is originality - lasts life of creator - protection is automatic
any party can terminate an employment arrangement at anytime no questions asked
the property that will benefit from a profit

47. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
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
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
secondary meaning

48. How is the right to use a trademark determined?
arises when customers begin to associate a specific term or phrase with specific trademarked items
treble damages
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
who has been using it first or filed for it first

49. Are compilation of facts copyrightable? case example
conditional gifts that are only accepted upon the performance of marriage
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
multiple owners of real or personal property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

50. Country club case
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
intent - delivery - acceptance