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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. Members of the TRIPS agreement cannot do what?
10 years and it is renewable
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
members cannot give nationals favorable treatment
offering someone who works at a different firm money for their trade secrets

2. Title VII protected categories?
race - sex - national origin - color - religion
secondary meaning
document by which title to property is passed
process of hiding the source of illegally acquired funds

3. Meta tags
members cannot give nationals favorable treatment
key words of a website that are used for search engines
fraudulent miss-use of funds that have been entrusted to them
sexual harassment is protected under title 7 because it effects genders differently in the workplace

4. What are some criminal defenses
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

5. Trademark dilution
fraudulent miss-use of funds that have been entrusted to them
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
mental state or intent part 2 of 2 for determining criminal liability
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

6. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
multiple owners of real or personal property
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

7. What is the difference between real and personal property?
property of one person rightfully in possession of another - custody
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

8. In order to receive protection under the family medical leave act - one must?
20 years from filing
work for a company with more than 50 employees - employed for a year - and must try to give notice
another persons right to make limited use of another persons real property without taking anything away from the property
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

9. Steps to determining trademark infringement?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the exclusionary rule was made to deter illegal police behavior that outweighed allowing a few criminals free - but if it is an isolated incident and won't detour others - than it is not exclusionary
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

10. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
obtaining ownership by living on anothers property
10 year period renewable

11. What composes RICO?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
test is originality - lasts life of creator - protection is automatic
ownership rights to property

12. Mislaid property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
voluntarily parted with at the time - but then later tries to find it

13. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
sexual harassment is protected under title 7 because it effects genders differently in the workplace
document by which title to property is passed

14. What is not copyrightable?
generally the use of a software to perform a job or deliver product
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
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
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

15. Facts to be used in the fair use standard are?
process of hiding the source of illegally acquired funds
used by members of a cooperative organization to certify the quality of service or product
sally would possess an easement in this case - the right to travel across property owner peter's land
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

16. What must a deed possess to be valid?

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17. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
who has been using it first or filed for it first
criminal defense stating that a crime was necessary in preventing an even greater crime

18. Cybersquatting
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
given exclusive possession and control over property - and knowingly accept responsibility
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

19. What kind of mistake can be used as criminal defense?
the right to enter onto another persons property with the intentions of removing something valuable
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
obtaining ownership by living on anothers property
mistake of fact

20. Copyright requirements
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
10 year period renewable
test is originality - lasts life of creator - protection is automatic
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

21. What are the requirements for making a gift an effective transfer of ownership?
cannot be tried again - no appeal
No - property gifts are common
intent - delivery - acceptance
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

22. Arraignment is what?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
entry of a plea - guilty/ not guilty
key words of a website that are used for search engines
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

23. What composes an 'at will doctrine'
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
any party can terminate an employment arrangement at anytime no questions asked
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

24. Estray statutes encourage what?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
a warranty that the buyer will not be disturbed in their possession of the land
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

25. Possible ruling interpretations for accession cases
No - they are considered to be goods and is governed by the uniform commercial code
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
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

26. Purpose of criminal penalties?
the property that will benefit from a profit
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
a physical or mental impairment that substantially limits one or more major life activities
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

27. What is the result of a mistrial or a hung jury?
reverse engineer - go through garbage..
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
any party can terminate an employment arrangement at anytime no questions asked
must effectively try to acquire protection as well as keep the secret

28. What are strong Marks?
a physical or mental impairment that substantially limits one or more major life activities
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

29. Responsible corporate officer doctrine?
probable cause
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
sufficient evidence
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

30. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

31. What is a Deed
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
document by which title to property is passed
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

32. Commercial bribery example
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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

33. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
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
this for that - sexual favors - general conduct however one incident is not enough
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

34. What is a job offer?
the right to enter onto another persons property with the intentions of removing something valuable
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
fraudulent miss-use of funds that have been entrusted to them
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

35. When property is found that was mislaid who owns it?
mental state or intent part 2 of 2 for determining criminal liability
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
owner of premise where it was found - after good title is acquired
probable cause

36. What is Actus Reus
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
hours of employment - conditions - age of workers

37. Tenancy by the entirety - or community ownership
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
test is originality - lasts life of creator - protection is automatic

38. Remedies for patent infringement
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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

39. Mail fraud act example senator?
who has been using it first or filed for it first
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

40. In real property law who is considered to be the dominant estate?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
ownership rights to property
the property that will benefit from 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

41. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
allows for use of copyrighted material under certain guidelines
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the right to enter onto another persons property with the intentions of removing something valuable

42. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
crops is considered to be real property and should be considered in the sale of such property.
members cannot give nationals favorable treatment

43. What is legally a disability?
crops is considered to be real property and should be considered in the sale of such property.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
breaking into a residence with the intent of performing a felony. this is a crime against property.
a physical or mental impairment that substantially limits one or more major life activities

44. What are the requirements for adverse possession to be recognized?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
conditional gifts that are only accepted upon the performance of marriage
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

45. The Berne Convention
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.
owner of premise where it was found - after good title is acquired
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

46. Sexual harassment is treated as what?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
criminal defense stating that a crime was necessary in preventing an even greater crime

47. Reasonable accommodation requirements by the ADA
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
any party can terminate an employment arrangement at anytime no questions asked

48. Trademarks are good for? are they renewable
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
10 year period renewable
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
multiple owners of real or personal property

49. Larceny
novel - useful - non obvious
taking property away from the owner with the intent of permanently removing them of ownership
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

50. Money laundering
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
distinctive decor - menu - style - service of an offering
process of hiding the source of illegally acquired funds
No - property gifts are common