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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.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. Fair use is limited to?
members cannot give nationals favorable treatment
obtaining ownership by living on anothers property
this for that - sexual favors - general conduct however one incident is not enough
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

2. Copyright requirements
process of hiding the source of illegally acquired funds
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
test is originality - lasts life of creator - protection is automatic
obtaining ownership by living on anothers property

3. Employers should handle hostile environments regarding protected members of title 7 by?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
the right to enter onto another persons property with the intentions of removing something valuable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

4. Outcome of unanimous not guilty?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
cannot be tried again - no appeal
can appeal - subject to new trial
mistake of fact

5. In order for a disability to be legally recognized what must exist?
given exclusive possession and control over property - and knowingly accept responsibility
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
record of such condition - being regarded as actually having a condition
any party can terminate an employment arrangement at anytime no questions asked

6. Determining disability regarding with and without equipment?
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
obtaining ownership by living on anothers property
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
treble damages

7. Meta tags
arises when customers begin to associate a specific term or phrase with specific trademarked items
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
key words of a website that are used for search engines
intent when attached and will item be damaged because of removal? hard to determine

8. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
secondary meaning
the right to enter onto another persons property with the intentions of removing something valuable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

9. 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?
No - they are considered to be goods and is governed by the uniform commercial code
classic stone corp. owns a profit in gross - and cannot transfer this right to another
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
mistake of fact

10. Gold club corporate criminal liability example?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
generally the use of a software to perform a job or deliver product
must effectively try to acquire protection as well as keep the secret

11. Arraignment is what?
must effectively try to acquire protection as well as keep the secret
entry of a plea - guilty/ not guilty
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

12. What happens when land is sold that is growing crops?
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
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
crops is considered to be real property and should be considered in the sale of such property.
document by which title to property is passed

13. What is can be considered trade dress?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
distinctive decor - menu - style - service of an offering

14. TRIPS agreement
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
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
secondary meaning
signed by hundreds of countries that establishes standards for the international protection of intellectual property

15. Fair use doctrine
10 year period renewable
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
allows for use of copyrighted material under certain guidelines

16. The EEOC requires that victims do what before they hold employers liable?
it is a federal crime to use the us postal service to defraud others on false pretenses
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

17. What is a conveyance?
a deed that transfers interest in a life estate from one to another
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
crops is considered to be real property and should be considered in the sale of such property.
work for a company with more than 50 employees - employed for a year - and must try to give notice

18. Indictment requires
sufficient evidence
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
distinctive decor - menu - style - service of an offering
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

19. Secondary Meaning Example frosty treats
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

20. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
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

21. Embezzlement
ownership rights to property
property of one person rightfully in possession of another - custody
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
fraudulent miss-use of funds that have been entrusted to them

22. Facts to be used in the fair use standard are?
secondary meaning
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

23. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
the property that will benefit from a profit
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
20 years from filing

24. Reasonable accommodation requirements by the ADA
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
distinctive decor - menu - style - service of an offering
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

25. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
voluntarily parted with at the time - but then later tries to find it
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

26. Trademarks are good for? are they renewable
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
allows for use of copyrighted material under certain guidelines
10 year period renewable
reverse engineer - go through garbage..

27. How long is a copyright protected? for a corporation?
distinctive decor - menu - style - service of an offering
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
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

28. Cybersquatting
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

29. What composes RICO?
property of one person rightfully in possession of another - custody
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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

30. Mistake of fact criminal defense example

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31. Fair labor standards act covers issues such as?
intent - delivery - acceptance
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
hours of employment - conditions - age of workers
distinctive decor - menu - style - service of an offering

32. Tenancy in common
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
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
the corporation could have prevented such acts
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

33. Mail fraud act example senator?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
reverse engineer - go through garbage..
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

34. Dominion
ownership rights to property
owner of premise where it was found - after good title is acquired
sexual harassment is protected under title 7 because it effects genders differently in the workplace
secondary meaning

35. What determines likeliness of confusion?
sally would possess an easement in this case - the right to travel across property owner peter's land
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

36. Money laundering
No - property gifts are common
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
process of hiding the source of illegally acquired funds

37. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
secondary meaning
10 year period renewable
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

38. Joint tenancy
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

39. Sexual harassment is treated as what?
agreement permitting use of a trademark
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

40. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
ownership rights to property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

41. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
sufficient evidence
birth - child placement - employee health - care for spouse - child - or parent - military duty
document by which title to property is passed

42. Special Bailments
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
obtaining ownership by living on anothers property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

43. Robbery
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
signed by hundreds of countries that establishes standards for the international protection of intellectual property
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
the property that is burdened by a profit

44. Patent Requirements
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
used by members of a cooperative organization to certify the quality of service or product
novel - useful - non obvious
cannot be tried again - no appeal

45. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a physical or mental impairment that substantially limits one or more major life activities
the right to enter onto another persons property with the intentions of removing something valuable
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

46. Estray statutes encourage what?
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
the 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
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

47. 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
crops is considered to be real property and should be considered in the sale of such property.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
streamlines and standardizes the processes for applying for a trademark abroad

48. 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
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
the right to enter onto another persons property with the intentions of removing something valuable
reverse engineer - go through garbage..

49. Are compilation of facts copyrightable? case example
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.
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

50. Workers comp and negligence

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