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Business Law Yale

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
novel - useful - non obvious

2. What conditions are covered by the family medical leave act?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
birth - child placement - employee health - care for spouse - child - or parent - military duty
No - they are considered to be goods and is governed by the uniform commercial code

3. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
taking property away from the owner with the intent of permanently removing them of ownership

4. How is the right to use a trademark determined?
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 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
who has been using it first or filed for it first
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

5. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
generally the use of a software to perform a job or deliver product
intent - delivery - acceptance

6. Sambucks vs. starbucks
classic stone corp. owns a profit in gross - and cannot transfer this right to another
fraudulent miss-use of funds that have been entrusted to them
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

7. Candyland example?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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

8. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
treble damages
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

9. What is the determining issue when proving entrapment?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

10. Money laundering
process of hiding the source of illegally acquired funds
intent when attached and will item be damaged because of removal? hard to determine
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
the property that is burdened by a profit

11. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
No - but if they find any other reason - like you have been late often than you'll probably get fired
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
multiple owners of real or personal property
prohibits excessive bail and fines - cruel and unusual punishment

12. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
race - sex - national origin - color - religion

13. Possible ruling interpretations for accession cases
retain title of ownership when pay other to add value to property - retain title when accession occurs illegally - if upon good faith the improvement changes the identity of the property - it is possible that the title may pass on to the improver - b
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
criminal defense stating that a crime was necessary in preventing an even greater crime

14. What must a deed possess to be valid?

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15. Adverse possession
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
obtaining ownership by living on anothers property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
owners of secret must try and protect - destroy garbage

16. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
10 years and it is renewable
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

17. How long is a copyright protected? for a corporation?
members cannot give nationals favorable treatment
ownership rights to property
any party can terminate an employment arrangement at anytime no questions asked
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

18. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
record of such condition - being regarded as actually having a condition
generally the use of a software to perform a job or deliver product
No - but if they find any other reason - like you have been late often than you'll probably get fired

19. Napster example?
ownership rights to property
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

20. Tenancy in common
any party can terminate an employment arrangement at anytime no questions asked
probable cause
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
sufficient evidence

21. Mail Fraud Act of 1990 is what?
finder after obtaining a title
it is a federal crime to use the us postal service to defraud others on false pretenses
it rewards citizens for putting land to good use rather than just sitting on expanses of property
crops is considered to be real property and should be considered in the sale of such property.

22. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
document by which title to property is passed

23. Collective mark
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
used by members of a cooperative organization to certify the quality of service or product

24. What kind of mistake can be used as criminal defense?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
mistake of fact
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
cannot be tried again - no appeal

25. Certification mark
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 year period renewable

26. How long is a trademark protected? is it renewable
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
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
10 years and it is renewable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

27. Steps to determining trademark infringement?
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
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
intent - delivery - acceptance
the corporation could have prevented such acts

28. Discrimination during the hiring process is acceptable when?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
probable cause
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

29. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
secondary meaning
race - sex - national origin - color - religion
the property that is burdened by a profit

30. Fair labor standards act covers issues such as?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
criminal defense stating that a crime was necessary in preventing an even greater crime
hours of employment - conditions - age of workers

31. In order for a disability to be legally recognized what must exist?
crops is considered to be real property and should be considered in the sale of such property.
record of such condition - being regarded as actually having a condition
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
entry of a plea - guilty/ not guilty

32. What is not copyrightable?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
secondary meaning
hours of employment - conditions - age of workers

33. Arraignment is what?
a physical or mental impairment that substantially limits one or more major life activities
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
entry of a plea - guilty/ not guilty
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

34. What is legally a disability?
20 years from filing
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
a physical or mental impairment that substantially limits one or more major life activities
mental state or intent part 2 of 2 for determining criminal liability

35. Outcome of unanimous not guilty?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
birth - child placement - employee health - care for spouse - child - or parent - military duty
cannot be tried again - no appeal
classic stone corp. owns a profit in gross - and cannot transfer this right to another

36. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
first person to invent not file for patent
used by members of a cooperative organization to certify the quality of service or product

37. Cybersquatting
work for a company with more than 50 employees - employed for a year - and must try to give notice
the property that will benefit from a profit
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

38. Triple amount of damages definition
another persons right to make limited use of another persons real property without taking anything away from the property
treble damages
signed by hundreds of countries that establishes standards for the international protection of intellectual property
must effectively try to acquire protection as well as keep the secret

39. Dominion
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
ownership rights to property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

40. Indictment requires
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a warranty that the buyer will not be disturbed in their possession of the land
sufficient evidence
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

41. Reverse discrimination example firefighters
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

42. In real property law who is considered to be the dominant estate?
entry of a plea - guilty/ not guilty
the property that will benefit from a profit
obtaining ownership by living on anothers property
must effectively try to acquire protection as well as keep the secret

43. Remedies for patent infringement
streamlines and standardizes the processes for applying for a trademark abroad
20 years from filing
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
document by which title to property is passed

44. What are some criminal defenses
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
who has been using it first or filed for it first

45. Attorney client privilege accomplishes what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
10 years and it is renewable

46. What composes an 'at will doctrine'
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
the right to enter onto another persons property with the intentions of removing something valuable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

47. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
multiple owners of real or personal property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the 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

48. 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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
another persons right to make limited use of another persons real property without taking anything away from the property
obtaining ownership by living on anothers property

49. Are crops real property when they are sold?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
No - they are considered to be goods and is governed by the uniform commercial code
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
hours of employment - conditions - age of workers

50. Patent Requirements
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
novel - useful - non obvious

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