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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. Facts to be used in the fair use standard are?
owners of secret must try and protect - destroy garbage
criticism - use in satire - news report - use to educate
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

2. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
members cannot give nationals favorable treatment
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
document by which title to property is passed

3. Patent Requirements
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
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
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. Example of an exception to the at will doctrine based on tort theory
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
fraudulent miss-use of funds that have been entrusted to them
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

5. What is can be considered trade dress?
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
distinctive decor - menu - style - service of an offering

6. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
breaking into a residence with the intent of performing a felony. this is a crime against property.
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
taking property away from the owner with the intent of permanently removing them of ownership

7. Mislaid property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
sally would possess an easement in this case - the right to travel across property owner peter's land
voluntarily parted with at the time - but then later tries to find it
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

8. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
owners of secret must try and protect - destroy garbage
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
agreement permitting use of a trademark

9. Remedies for patent infringement
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

10. Reverse discrimination example firefighters
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
obtaining ownership by living on anothers property
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
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

11. Significance of coca-cola V. koke Co of America
hours of employment - conditions - age of workers
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
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

12. Mistake of fact criminal defense example

13. What is a conveyance?
ownership rights to property
allows for use of copyrighted material under certain guidelines
a deed that transfers interest in a life estate from one to another
this for that - sexual favors - general conduct however one incident is not enough

14. Estray statutes encourage what?
who has been using it first or filed for it first
10 year period renewable
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

15. What is the purpose of the adverse possession doctrine?
10 year period renewable
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
the corporation could have prevented such acts

16. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
key words of a website that are used for search engines

17. Gold club corporate criminal liability example?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
secondary meaning
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

18. Arrest requires
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
probable cause
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

19. What is an easement?
taking property away from the owner with the intent of permanently removing them of ownership
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
another persons right to make limited use of another persons real property without taking anything away from the property

20. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
probable cause
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
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

21. What is the difference between real and personal property?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
who has been using it first or filed for it first
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

22. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
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
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
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

23. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

24. What is a license considered to be in real property law?
20 years from filing
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
No - they are considered to be goods and is governed by the uniform commercial code

25. Burglary
conditional gifts that are only accepted upon the performance of marriage
breaking into a residence with the intent of performing a felony. this is a crime against property.
criticism - use in satire - news report - use to educate
used by members of a cooperative organization to certify the quality of service or product

26. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
it rewards citizens for putting land to good use rather than just sitting on expanses of property
document by which title to property is passed
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

27. Reasonable accommodation requirements by the ADA
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
voluntarily parted with at the time - but then later tries to find it
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

28. In real property law who is considered to be the servient estate?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
the property that is burdened by a profit
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
sally would possess an easement in this case - the right to travel across property owner peter's land

29. Steps to determining trademark infringement?
No - property gifts are common
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

30. What happens when land is sold that is growing crops?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
record of such condition - being regarded as actually having a condition
crops is considered to be real property and should be considered in the sale of such property.
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

31. Concurrent ownership
multiple owners of real or personal property
crops is considered to be real property and should be considered in the sale of such property.
sufficient evidence
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

32. Strong Marks Case Example

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

34. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

35. Tenancy in common
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
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
mental state or intent part 2 of 2 for determining criminal liability
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

36. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
sally would possess an easement in this case - the right to travel across property owner peter's land
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

37. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
sufficient evidence
novel - useful - non obvious
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

38. Indictment requires
sufficient evidence
property of one person rightfully in possession of another - custody
finder after obtaining a title
it is a federal crime to use the us postal service to defraud others on false pretenses

39. What is legally a disability?
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
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
a physical or mental impairment that substantially limits one or more major life activities
prohibits excessive bail and fines - cruel and unusual punishment

40. Fair use is limited to?
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
work for a company with more than 50 employees - employed for a year - and must try to give notice

41. Employers should handle hostile environments regarding protected members of title 7 by?
criminal defense stating that a crime was necessary in preventing an even greater crime
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
crops is considered to be real property and should be considered in the sale of such property.
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. Examples of collective marks
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
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
10 year period renewable

43. How are trade secrets treated and protected?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
owners of secret must try and protect - destroy garbage
agreement permitting use of a trademark
No - they are considered to be goods and is governed by the uniform commercial code

44. Are crops real property when they are sold?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
No - they are considered to be goods and is governed by the uniform commercial code
offering someone who works at a different firm money for their trade secrets
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

45. Age discrimination achieves what?
property of one person rightfully in possession of another - custody
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

46. Country club case
agreement permitting use of a trademark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

47. Title VII protected categories?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
race - sex - national origin - color - religion
generally the use of a software to perform a job or deliver product

48. How can someone legally acquire trade secrets?
entry of a plea - guilty/ not guilty
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
reverse engineer - go through garbage..
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.

49. Outcome of unanimous not guilty?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
cannot be tried again - no appeal

50. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
property of one person rightfully in possession of another - custody