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

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2. Fair labor standards act covers issues such as?
secondary meaning
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
hours of employment - conditions - age of workers
record of such condition - being regarded as actually having a condition

3. Mail fraud act example senator?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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

4. Indictment requires
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
document by which title to property is passed
sufficient evidence
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

5. 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
offering someone who works at a different firm money for their trade secrets
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

6. What are the requirements for making a gift an effective transfer of ownership?
the property that is burdened by a profit
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
intent - delivery - acceptance
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

7. What is legally a disability?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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.
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a physical or mental impairment that substantially limits one or more major life activities

8. Requirements of a bailement
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
novel - useful - non obvious
given exclusive possession and control over property - and knowingly accept responsibility

9. Bailments are?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the property that will benefit from a profit
property of one person rightfully in possession of another - custody
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

10. What is the determining issue when proving entrapment?
entrapment is the influence of a police officer to commit a crime - one must prove that they would not have done it without the influence
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
crops is considered to be real property and should be considered in the sale of such property.
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

11. Candyland example?
secondary meaning
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
streamlines and standardizes the processes for applying for a trademark abroad

12. The madrid protocol accomplishes what?
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
streamlines and standardizes the processes for applying for a trademark abroad
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
signed by hundreds of countries that establishes standards for the international protection of intellectual property

13. Is it a fixture?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
intent when attached and will item be damaged because of removal? hard to determine

14. What uses fall under the fair use doctrine?
crops is considered to be real property and should be considered in the sale of such property.
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
reverse engineer - go through garbage..
criticism - use in satire - news report - use to educate

15. How can you come to possess land through adverse possession?
another persons right to make limited use of another persons real property without taking anything away from the property
members cannot give nationals favorable treatment
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
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

16. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
breaking into a residence with the intent of performing a felony. this is a crime against property.
conditional gifts that are only accepted upon the performance of marriage

17. Triple amount of damages definition
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
treble damages
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

18. What is a warranty deed?
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
record of such condition - being regarded as actually having a condition
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

19. Sambucks vs. starbucks
document by which title to property is passed
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
owners of secret must try and protect - destroy garbage

20. Responsible corporate officer doctrine?
a physical or mental impairment that substantially limits one or more major life activities
No - property gifts are common
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
property of one person rightfully in possession of another - custody

21. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

22. Attorney client privilege accomplishes what?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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

23. Age discrimination achieves what?
generally the use of a software to perform a job or deliver product
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
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

24. Arrest requires
intent when attached and will item be damaged because of removal? hard to determine
can appeal - subject to new trial
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
probable cause

25. In order to prove discrimination in hiring one has to prove?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

26. How long are patents protected?
probable cause
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
20 years from filing
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

27. 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.
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
sally would possess an easement in this case - the right to travel across property owner peter's land
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

28. Do Deeds require consideration to be valid?
distinctive decor - menu - style - service of an offering
work for a company with more than 50 employees - employed for a year - and must try to give notice
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
No - property gifts are common

29. What is a profit under real property law?
a deed that transfers interest in a life estate from one to another
the right to enter onto another persons property with the intentions of removing something valuable
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
generally the use of a software to perform a job or deliver product

30. Patent Requirements
probable cause
novel - useful - non obvious
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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. Americans with disabilities act accomplishes what?
mistake of fact
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
who has been using it first or filed for it first
birth - child placement - employee health - care for spouse - child - or parent - military duty

32. Adverse possession
No - but if they find any other reason - like you have been late often than you'll probably get fired
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
obtaining ownership by living on anothers property
finder after obtaining a title

33. Meta tag example about terri welles
any party can terminate an employment arrangement at anytime no questions asked
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 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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

34. Fair use is limited to?
No - they are considered to be goods and is governed by the uniform commercial code
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
generally the use of a software to perform a job or deliver product

35. What is retaliatory discharge?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

36. Purpose of criminal penalties?
document by which title to property is passed
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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

37. Roman Catholic Church V. Prince Reality Management regarding a license?
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
given exclusive possession and control over property - and knowingly accept responsibility
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
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.

38. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
fraudulent miss-use of funds that have been entrusted to them
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

39. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
owners of secret must try and protect - destroy garbage
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
birth - child placement - employee health - care for spouse - child - or parent - military duty

40. Patents allow for the owner to?
entry of a plea - guilty/ not guilty
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

41. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
classic stone corp. owns a profit in gross - and cannot transfer this right to another
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
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

42. Derivative work
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
the right to enter onto another persons property with the intentions of removing something valuable
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 disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

43. Dominion
conditional gifts that are only accepted upon the performance of marriage
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
ownership rights to property

44. How long is a copyright protected? for a corporation?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

45. Mislaid property
voluntarily parted with at the time - but then later tries to find it
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
secondary meaning

46. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
streamlines and standardizes the processes for applying for a trademark abroad
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
distinctive decor - menu - style - service of an offering

47. Workers comp and negligence

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48. Generic terms can never have?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
sexual harassment is protected under title 7 because it effects genders differently in the workplace
secondary meaning
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

49. The Berne Convention
probable cause
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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 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

50. Engagement rings are considered to be?
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
conditional gifts that are only accepted upon the performance of marriage
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
20 years from filing