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Business Law Yale

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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1. The EEOC requires that victims do what before they hold employers liable?
finder after obtaining a title
property of one person rightfully in possession of another - custody
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

2. Sexual harassment is treated as what?
owner of premise where it was found - after good title is acquired
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

3. Candyland example?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

4. Gold club corporate criminal liability example?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
record of such condition - being regarded as actually having a condition
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 motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

5. In real property law who is considered to be the dominant estate?
streamlines and standardizes the processes for applying for a trademark abroad
the property that will benefit from a profit
allows for use of copyrighted material under certain guidelines
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

6. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

7. Discrimination during the hiring process is acceptable when?
process of hiding the source of illegally acquired funds
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

8. Arrest requires
entry of a plea - guilty/ not guilty
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
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
probable cause

9. Tenancy in common
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
reverse engineer - go through garbage..
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

10. The Berne Convention
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the property that is burdened by a profit
a physical or mental impairment that substantially limits one or more major life activities

11. Certification mark
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
mistake of fact

12. Joint tenancy
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
cannot be tried again - no appeal
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

13. 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
mental state or intent part 2 of 2 for determining criminal liability
probable cause

14. George V restauration s.a. V. Little Rest Twelve licensing case example

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15. Title VII prevents discrimination in?

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16. 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?
secondary meaning
breaking into a residence with the intent of performing a felony. this is a crime against property.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

17. TRIPS agreement
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
the right to enter onto another persons property with the intentions of removing something valuable
signed by hundreds of countries that establishes standards for the international protection of intellectual 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

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

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19. Engagement rings are considered to be?
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
conditional gifts that are only accepted upon the performance of marriage
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
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

20. Burglary
probable cause
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
breaking into a residence with the intent of performing a felony. this is a crime against property.
10 year period renewable

21. Possible ruling interpretations for accession cases
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
owner of premise where it was found - after good title is acquired
reverse engineer - go through garbage..
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

22. Mislaid 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
another persons right to make limited use of another persons real property without taking anything away from the property
voluntarily parted with at the time - but then later tries to find it

23. The madrid protocol accomplishes what?
voluntarily parted with at the time - but then later tries to find it
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
criticism - use in satire - news report - use to educate
streamlines and standardizes the processes for applying for a trademark abroad

24. Derivative work
novel - useful - non obvious
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

25. Outcome of unanimous not guilty?
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

26. 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?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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.
classic stone corp. owns a profit in gross - and cannot transfer this right to another

27. How long are patents protected?
20 years from filing
another persons right to make limited use of another persons real property without taking anything away from the property
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
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

28. Country club case
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
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

29. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
intent - delivery - acceptance
a warranty that the buyer will not be disturbed in their possession of the land

30. What is an easement by implication?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
prohibits excessive bail and fines - cruel and unusual punishment
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

31. What is the determining issue when proving entrapment?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

32. Sambucks vs. starbucks
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

33. What are the requirements for adverse possession to be recognized?
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
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
any party can terminate an employment arrangement at anytime no questions asked
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

34. Strong Marks Case Example

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35. Tenancy by the entirety - or community ownership
sally would possess an easement in this case - the right to travel across property owner peter's land
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

36. Fair use is limited to?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

37. License in trademark law?
fraudulent miss-use of funds that have been entrusted to them
agreement permitting use of a trademark
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
hours of employment - conditions - age of workers

38. What is legally a disability?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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 physical or mental impairment that substantially limits one or more major life activities

39. In order to receive protection under the family medical leave act - one must?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
generally the use of a software to perform a job or deliver product
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

40. What protection does the 6th amendment provide?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
entry of a plea - guilty/ not guilty
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

41. What is can be considered trade dress?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
offering someone who works at a different firm money for their trade secrets
distinctive decor - menu - style - service of an offering
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

42. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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
the corporation could have prevented such acts
obtaining ownership by living on anothers property
novel - useful - non obvious

43. Bailments are?
generally the use of a software to perform a job or deliver product
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
property of one person rightfully in possession of another - custody

44. Do Deeds require consideration to be valid?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
No - property gifts are common
sally would possess an easement in this case - the right to travel across property owner peter's land

45. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
key words of a website that are used for search engines
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

46. Commercial bribery example
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
10 years and it is renewable
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
offering someone who works at a different firm money for their trade secrets

47. Members of the TRIPS agreement cannot do what?
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
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
members cannot give nationals favorable treatment
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

48. Roman Catholic Church V. Prince Reality Management regarding a license?
the corporation could have prevented such acts
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
arises when customers begin to associate a specific term or phrase with specific trademarked items

49. Requirements of a bailement
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
sally would possess an easement in this case - the right to travel across property owner peter's land
allows for use of copyrighted material under certain guidelines
given exclusive possession and control over property - and knowingly accept responsibility

50. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
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
the property that is burdened by a profit