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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. What are some criminal defenses
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
the corporation could have prevented such acts

2. What conditions are covered by the family medical leave act?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
this for that - sexual favors - general conduct however one incident is not enough
birth - child placement - employee health - care for spouse - child - or parent - military duty
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

3. Reverse discrimination example firefighters
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

4. Estray statutes encourage what?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

5. Outcome of a unanimous guilty verdict?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the property that is burdened by a profit
can appeal - subject to new trial
allows for use of copyrighted material under certain guidelines

6. The WARN act calls for what?
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
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
owners of secret must try and protect - destroy garbage
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

7. How long are patents protected?
20 years from filing
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the right to enter onto another persons property with the intentions of removing something valuable

8. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
prohibits excessive bail and fines - cruel and unusual punishment

9. What are strong Marks?
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
must effectively try to acquire protection as well as keep the secret
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
finder after obtaining a title

10. What composes RICO?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
record of such condition - being regarded as actually having a condition

11. Fair use is limited to?
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
owners of secret must try and protect - destroy garbage

12. Indictment requires
sufficient evidence
mental state or intent part 2 of 2 for determining criminal liability
must effectively try to acquire protection as well as keep the secret
a physical or mental impairment that substantially limits one or more major life activities

13. TRIPS agreement
No - property gifts are common
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

14. Example of an exception to the at will doctrine based on tort theory
entry of a plea - guilty/ not guilty
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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

15. What is an easement?
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 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
document by which title to property is passed
another persons right to make limited use of another persons real property without taking anything away from the property

16. Americans with disabilities act accomplishes what?
given exclusive possession and control over property - and knowingly accept responsibility
No - but if they find any other reason - like you have been late often than you'll probably get fired
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

17. Napster example?
hours of employment - conditions - age of workers
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
owners of secret must try and protect - destroy garbage
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

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

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19. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
first person to invent not file for patent
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
secondary meaning
criminal defense stating that a crime was necessary in preventing an even greater crime

20. Patent Requirements
novel - useful - non obvious
streamlines and standardizes the processes for applying for a trademark abroad
hours of employment - conditions - age of workers
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

21. How can you come to possess land through adverse possession?
cannot be tried again - no appeal
entry of a plea - guilty/ not guilty
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

22. Age discrimination achieves what?
secondary meaning
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
given exclusive possession and control over property - and knowingly accept responsibility

23. How can someone legally acquire trade secrets?
crops is considered to be real property and should be considered in the sale of such property.
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
voluntarily parted with at the time - but then later tries to find it
reverse engineer - go through garbage..

24. In real property law who is considered to be the dominant estate?
race - sex - national origin - color - religion
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the property that will benefit from a profit
prohibits excessive bail and fines - cruel and unusual punishment

25. Workers comp and negligence

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26. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a warranty that the buyer will not be disturbed in their possession of the land
criticism - use in satire - news report - use to educate
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

27. What is an implied warranty of habitability?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
mental state or intent part 2 of 2 for determining criminal liability
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
voluntarily parted with at the time - but then later tries to find it

28. Burglary
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
breaking into a residence with the intent of performing a felony. this is a crime against property.
prohibits excessive bail and fines - cruel and unusual punishment

29. Copyright requirements
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
test is originality - lasts life of creator - protection is automatic
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
must effectively try to acquire protection as well as keep the secret

30. Certification mark
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
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

31. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

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32. The EEOC requires that victims do what before they hold employers liable?
given exclusive possession and control over property - and knowingly accept responsibility
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
must effectively try to acquire protection as well as keep the secret
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

33. Larceny
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
taking property away from the owner with the intent of permanently removing them of ownership

34. Title VII prevents discrimination in?

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35. Meta tag example about terri welles
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
it is a federal crime to use the us postal service to defraud others on false pretenses
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the property that is burdened by a profit

36. Country club case
another persons right to make limited use of another persons real property without taking anything away from the property
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
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
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

37. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
fraudulent miss-use of funds that have been entrusted to them
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

38. Tenancy by the entirety - or community ownership
the right to enter onto another persons property with the intentions of removing something valuable
it is a federal crime to use the us postal service to defraud others on false pretenses
mistake of fact
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

39. What is legally a disability?
document by which title to property is passed
agreement permitting use of a trademark
a physical or mental impairment that substantially limits one or more major life activities
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

40. Cybersquatting
voluntarily parted with at the time - but then later tries to find it
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

41. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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

42. Business process patents involve?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
generally the use of a software to perform a job or deliver product
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

43. What is a conveyance?
probable cause
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
a deed that transfers interest in a life estate from one to another
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

44. Do Deeds require consideration to be valid?
breaking into a residence with the intent of performing a felony. this is a crime against property.
who has been using it first or filed for it first
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
No - property gifts are common

45. What protection does the 8th amendment provide?
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
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
prohibits excessive bail and fines - cruel and unusual punishment

46. What is not copyrightable?
record of such condition - being regarded as actually having a condition
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
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

47. What is Actus Reus
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
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

48. Employers should handle hostile environments regarding protected members of title 7 by?
the property that is burdened by a profit
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

49. Mislaid property
voluntarily parted with at the time - but then later tries to find it
sally would possess an easement in this case - the right to travel across property owner peter's land
distinctive decor - menu - style - service of an offering
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

50. 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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
who has been using it first or filed for it first
reverse engineer - go through garbage..