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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. Workers comp and negligence

2. Adverse possession
obtaining ownership by living on anothers property
fraudulent miss-use of funds that have been entrusted to them
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

3. EEOC is responsible for doing what?
10 years and it is renewable
any party can terminate an employment arrangement at anytime no questions asked
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
criminal defense stating that a crime was necessary in preventing an even greater crime

4. The madrid protocol accomplishes what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
conditional gifts that are only accepted upon the performance of marriage
can appeal - subject to new trial
streamlines and standardizes the processes for applying for a trademark abroad

5. Country club case
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
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
offering someone who works at a different firm money for their trade secrets

6. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

7. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
prohibits excessive bail and fines - cruel and unusual punishment
fraudulent miss-use of funds that have been entrusted to them

8. Outcome of a unanimous guilty verdict?
distinctive decor - menu - style - service of an offering
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
can appeal - subject to new trial
who has been using it first or filed for it first

9. Possible ruling interpretations for accession cases
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
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

10. Arrest requires
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
probable cause
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

11. When property is found who gets property when it was abondoned?
obtaining ownership by living on anothers property
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
finder after obtaining a title
arises when customers begin to associate a specific term or phrase with specific trademarked items

12. KSR Internation V. Teleflex INC. regarding what is patentable?

13. 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?

14. What must a deed possess to be valid?

15. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

16. Strong Marks Case Example

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

18. Remedies for patent infringement
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
owners of secret must try and protect - destroy garbage
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

19. Secondary Meaning Example frosty treats
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

20. Reasonable accommodation requirements by the ADA
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

21. What is not copyrightable?
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
the property that is burdened by a profit
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
10 year period renewable

22. Fair use is limited to?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

23. Indictment requires
sufficient evidence
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

24. Is it a fixture?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
intent when attached and will item be damaged because of removal? hard to determine

25. Mistake of fact criminal defense example

26. Mail fraud act example senator?
generally the use of a software to perform a job or deliver product
race - sex - national origin - color - religion
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

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

28. What is an easement by implication?
entry of a plea - guilty/ not guilty
mistake of fact
probable cause
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

29. What are the requirements for adverse possession to be recognized?
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
given exclusive possession and control over property - and knowingly accept responsibility
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

30. How can someone legally acquire trade secrets?
crops is considered to be real property and should be considered in the sale of such property.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
reverse engineer - go through garbage..
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

31. Money laundering
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
taking property away from the owner with the intent of permanently removing them of ownership
secondary meaning
process of hiding the source of illegally acquired funds

32. License in trademark law?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a warranty that the buyer will not be disturbed in their possession of the land
test is originality - lasts life of creator - protection is automatic
agreement permitting use of a trademark

33. Age discrimination achieves what?
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
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
mistake of fact

34. Drake V. Walton County regarding the county taking property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
10 year period renewable
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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.

35. Do Deeds require consideration to be valid?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
No - property gifts are common
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
treble damages

36. Candyland example?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
secondary meaning

37. Are commercial flights permitted to fly over private property?
20 years from filing
must effectively try to acquire protection as well as keep the secret
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
conditional gifts that are only accepted upon the performance of marriage

38. Derivative work
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 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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

39. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
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
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
novel - useful - non obvious
classic stone corp. owns a profit in gross - and cannot transfer this right to another

40. Burglary
record of such condition - being regarded as actually having a condition
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

41. What is an easement by prescription?
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
another persons right to make limited use of another persons real property without taking anything away from the property
work for a company with more than 50 employees - employed for a year - and must try to give notice
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

42. 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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

43. Mens Rea
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
mental state or intent part 2 of 2 for determining criminal liability

44. Trademarks are good for? are they renewable
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
10 year period renewable
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
distinctive decor - menu - style - service of an offering

45. What could be considered as sexual harassment in the work place
criminal defense stating that a crime was necessary in preventing an even greater crime
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
this for that - sexual favors - general conduct however one incident is not enough
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

46. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
a physical or mental impairment that substantially limits one or more major life activities
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
secondary meaning

47. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
who has been using it first or filed for it first
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

48. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
used by members of a cooperative organization to certify the quality of service or product
who has been using it first or filed for it first
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

49. Examples of collective marks
intent - delivery - acceptance
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
breaking into a residence with the intent of performing a felony. this is a crime against property.
first person to invent not file for patent

50. Gold club corporate criminal liability example?
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
voluntarily parted with at the time - but then later tries to find it
novel - useful - non obvious
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel