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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. Cybersquatting
key words of a website that are used for search engines
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
crops is considered to be real property and should be considered in the sale of such property.

2. 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
20 years from filing
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
intent - delivery - acceptance

3. What is the result of a mistrial or a hung jury?
criticism - use in satire - news report - use to educate
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
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

4. What is a covenant of quiet enjoyment?
birth - child placement - employee health - care for spouse - child - or parent - military duty
a warranty that the buyer will not be disturbed in their possession of the land
race - sex - national origin - color - religion
a physical or mental impairment that substantially limits one or more major life activities

5. Outcome of unanimous not guilty?
given exclusive possession and control over property - and knowingly accept responsibility
mental state or intent part 2 of 2 for determining criminal liability
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
cannot be tried again - no appeal

6. Joint tenancy
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
obtaining ownership by living on anothers property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

7. Certification mark
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

8. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
ownership rights to property
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

9. What composes an 'at will doctrine'
reverse engineer - go through garbage..
any party can terminate an employment arrangement at anytime no questions asked
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

10. Do Deeds require consideration to be valid?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
multiple owners of real or personal property
No - property gifts are common

11. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
process of hiding the source of illegally acquired funds
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

12. Age discrimination achieves what?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
another persons right to make limited use of another persons real property without taking anything away from the property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

13. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
record of such condition - being regarded as actually having a condition
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
secondary meaning

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

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15. Mistake of fact criminal defense example

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16. 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
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
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

17. In order to prove discrimination in hiring one has to prove?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
allows for use of copyrighted material under certain guidelines
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

18. Reasonable accommodation requirements by the ADA
a warranty that the buyer will not be disturbed in their possession of the land
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

19. Tenancy by the entirety - or community ownership
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
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
voluntarily parted with at the time - but then later tries to find it
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

20. Employers should handle hostile environments regarding protected members of title 7 by?
distinctive decor - menu - style - service of an offering
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
20 years from filing
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

21. Examples of collective marks
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
any party can terminate an employment arrangement at anytime no questions asked

22. 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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
hours of employment - conditions - age of workers

23. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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
the corporation could have prevented such acts
it is a federal crime to use the us postal service to defraud others on false pretenses

24. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
taking property away from the owner with the intent of permanently removing them of ownership
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

25. Mail fraud act example senator?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
20 years from filing

26. What is a conveyance?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
a physical or mental impairment that substantially limits one or more major life activities
a deed that transfers interest in a life estate from one to another

27. How can someone legally acquire trade secrets?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
reverse engineer - go through garbage..
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

28. Are crops real property when they are sold?
ownership rights to property
No - they are considered to be goods and is governed by the uniform commercial code
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

29. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
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
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

30. What is secondary meaning?
the property that will benefit from a profit
the property that is burdened by a profit
intent - delivery - acceptance
arises when customers begin to associate a specific term or phrase with specific trademarked items

31. Collective mark
it is a federal crime to use the us postal service to defraud others on false pretenses
used by members of a cooperative organization to certify the quality of service or product
birth - child placement - employee health - care for spouse - child - or parent - military duty
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

32. The Berne Convention
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
race - sex - national origin - color - religion
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

33. Napster example?
obtaining ownership by living on anothers property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
birth - child placement - employee health - care for spouse - child - or parent - military duty
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

34. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

35. What kind of mistake can be used as criminal defense?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
mistake of fact
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
crops is considered to be real property and should be considered in the sale of such property.

36. Embezzlement
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
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
fraudulent miss-use of funds that have been entrusted to them
crops is considered to be real property and should be considered in the sale of such property.

37. What is an implied warranty of habitability?
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
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
taking property away from the owner with the intent of permanently removing them of ownership
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

38. In real property law who is considered to be the dominant estate?
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
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
the property that will benefit from a profit
document by which title to property is passed

39. Adverse possession
obtaining ownership by living on anothers property
agreement permitting use of a trademark
property of one person rightfully in possession of another - custody
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

40. Darst V. Interstate Brands Corp. regarding family and medical leave rights
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

41. Indictment requires
sufficient evidence
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

42. EEOC is responsible for doing what?
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
ownership rights to property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

43. Arrest requires
breaking into a residence with the intent of performing a felony. this is a crime against property.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
probable cause
the property that is burdened by a profit

44. Title VII prevents discrimination in?

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45. Country club case
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
10 years and it is renewable
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

46. Facts to be used in the fair use standard are?
owner of premise where it was found - after good title is acquired
property of one person rightfully in possession of another - custody
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
key words of a website that are used for search engines

47. How are trade secrets treated and protected?
10 year period renewable
owners of secret must try and protect - destroy garbage
agreement permitting use of a trademark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

48. Meta tags
used by members of a cooperative organization to certify the quality of service or product
key words of a website that are used for search engines
mistake of fact
criticism - use in satire - news report - use to educate

49. Service mark
distinctive decor - menu - style - service of an offering
owner of premise where it was found - after good title is acquired
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
treble damages

50. Derivative work
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
probable cause
secondary meaning
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game