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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. Commercial bribery example
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
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
offering someone who works at a different firm money for their trade secrets
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

2. Trademarks are good for? are they renewable
allows for use of copyrighted material under certain guidelines
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
10 year period renewable
work for a company with more than 50 employees - employed for a year - and must try to give notice

3. What is can be considered trade dress?
10 years and it is renewable
given exclusive possession and control over property - and knowingly accept responsibility
key words of a website that are used for search engines
distinctive decor - menu - style - service of an offering

4. Are compilation of facts copyrightable? case example
prohibits excessive bail and fines - cruel and unusual punishment
it is a federal crime to use the us postal service to defraud others on false pretenses
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

5. Mislaid property
who has been using it first or filed for it first
voluntarily parted with at the time - but then later tries to find it
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

6. Embezzlement
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
members cannot give nationals favorable treatment
20 years from filing
fraudulent miss-use of funds that have been entrusted to them

7. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
signed by hundreds of countries that establishes standards for the international protection of intellectual property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
property of one person rightfully in possession of another - custody

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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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 property that is burdened by a profit

9. Discrimination during the hiring process is acceptable when?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

10. What are some criminal defenses
ownership rights to property
entry of a plea - guilty/ not guilty
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
sally would possess an easement in this case - the right to travel across property owner peter's land

11. What is a covenant of quiet enjoyment?
criticism - use in satire - news report - use to educate
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a warranty that the buyer will not be disturbed in their possession of the land
can appeal - subject to new trial

12. George V restauration s.a. V. Little Rest Twelve licensing case example

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13. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
it is a federal crime to use the us postal service to defraud others on false pretenses
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

14. Do Deeds require consideration to be valid?
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 - property gifts are common
must effectively try to acquire protection as well as keep the secret
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

15. Strong Marks Case Example

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16. Secondary Meaning Example frosty treats
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
who has been using it first or filed for it first

17. What uses fall under the fair use doctrine?
members cannot give nationals favorable treatment
criticism - use in satire - news report - use to educate
mistake of fact
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

18. Sambucks vs. starbucks
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
record of such condition - being regarded as actually having a condition
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a physical or mental impairment that substantially limits one or more major life activities

19. Roman Catholic Church V. Prince Reality Management regarding a license?
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
ownership rights to property
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

20. Estray statutes encourage what?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
birth - child placement - employee health - care for spouse - child - or parent - military duty
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

21. Example of how an idea can be inseparable from its expression

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22. Sexual harassment is treated as what?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
secondary meaning
sexual harassment is protected under title 7 because it effects genders differently in the workplace
criminal defense stating that a crime was necessary in preventing an even greater crime

23. Country club case
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
process of hiding the source of illegally acquired funds
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

24. Trademark dilution
must effectively try to acquire protection as well as keep the secret
the property that will benefit from a profit
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
10 years and it is renewable

25. Copyright requirements
test is originality - lasts life of creator - protection is automatic
sufficient evidence
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

26. Indictment requires
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
sufficient evidence
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
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

27. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
probable cause
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

28. Attorney client privilege accomplishes what?
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
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
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

29. What is an easement?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
another persons right to make limited use of another persons real property without taking anything away from the property
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

30. Fair use is limited to?
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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 right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

31. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
any party can terminate an employment arrangement at anytime no questions asked
record of such condition - being regarded as actually having a condition

32. 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?
probable cause
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
20 years from filing
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

33. Title VII protected categories?
race - sex - national origin - color - religion
a physical or mental impairment that substantially limits one or more major life activities
crops is considered to be real property and should be considered in the sale of such property.
secondary meaning

34. Collective mark
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
used by members of a cooperative organization to certify the quality of service or product
given exclusive possession and control over property - and knowingly accept responsibility

35. Meta tag example about terri welles
a physical or mental impairment that substantially limits one or more major life activities
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
key words of a website that are used for search engines
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

36. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
agreement permitting use of a trademark
owner of premise where it was found - after good title is acquired
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

37. Outcome of unanimous not guilty?
process of hiding the source of illegally acquired funds
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
cannot be tried again - no appeal

38. 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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39. 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
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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

40. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
allows for use of copyrighted material under certain guidelines

41. Napster example?
sally would possess an easement in this case - the right to travel across property owner peter's land
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
intent - delivery - acceptance
it rewards citizens for putting land to good use rather than just sitting on expanses of property

42. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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

43. When property is found who gets property when it was abondoned?
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
finder after obtaining a title
it rewards citizens for putting land to good use rather than just sitting on expanses of property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

44. Employers should handle hostile environments regarding protected members of title 7 by?
conditional gifts that are only accepted upon the performance of marriage
criticism - use in satire - news report - use to educate
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

45. What is not copyrightable?
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
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
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
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

46. What is Actus Reus
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
signed by hundreds of countries that establishes standards for the international protection of intellectual property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

47. Are crops real property when they are sold?
criticism - use in satire - news report - use to educate
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
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
No - they are considered to be goods and is governed by the uniform commercial code

48. What is a license considered to be in real property law?
any party can terminate an employment arrangement at anytime no questions asked
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

49. Reasonable accommodation requirements by the ADA
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

50. Fair use doctrine
distinctive decor - menu - style - service of an offering
process of hiding the source of illegally acquired funds
allows for use of copyrighted material under certain guidelines
signed by hundreds of countries that establishes standards for the international protection of intellectual property