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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. Tenancy by the entirety - or community ownership
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
document by which title to property is passed
test is originality - lasts life of creator - protection is automatic

2. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

3. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
intent when attached and will item be damaged because of removal? hard to determine
it rewards citizens for putting land to good use rather than just sitting on expanses of property

4. Patents allow for the owner to?
sally would possess an easement in this case - the right to travel across property owner peter's land
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

5. Do Deeds require consideration to be valid?
No - but if they find any other reason - like you have been late often than you'll probably get fired
fraudulent miss-use of funds that have been entrusted to them
No - property gifts are common
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

6. Mail Fraud Act of 1990 is what?
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses

7. Commercial bribery example
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
offering someone who works at a different firm money for their trade secrets
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
agreement permitting use of a trademark

8. Sambucks vs. starbucks
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

9. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
key words of a website that are used for search engines
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

10. What are the requirements for adverse possession to be recognized?
secondary meaning
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

11. What is the purpose of the adverse possession doctrine?
secondary meaning
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
No - they are considered to be goods and is governed by the uniform commercial code

12. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
No - they are considered to be goods and is governed by the uniform commercial code
the corporation could have prevented such acts
20 years from filing
reverse engineer - go through garbage..

13. How can you come to possess land through adverse possession?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

14. What is an implied warranty of habitability?
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
10 years and it is renewable
allows for use of copyrighted material under certain guidelines
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

15. Larceny
novel - useful - non obvious
taking property away from the owner with the intent of permanently removing them of ownership
sufficient evidence
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

16. What is a Deed
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
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
document by which title to property is passed
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

17. In order to recieve protection what must one do?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
must effectively try to acquire protection as well as keep the secret
cannot be tried again - no appeal

18. Cybersquatting
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
voluntarily parted with at the time - but then later tries to find it
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

19. What is an easement by implication?
the corporation could have prevented such acts
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
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
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

20. What determines likeliness of confusion?
another persons right to make limited use of another persons real property without taking anything away from the property
fraudulent miss-use of funds that have been entrusted to them
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
birth - child placement - employee health - care for spouse - child - or parent - military duty

21. What is a warranty deed?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
owners of secret must try and protect - destroy garbage
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

22. 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
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
process of hiding the source of illegally acquired funds
No - but if they find any other reason - like you have been late often than you'll probably get fired

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

24. Determining disability regarding with and without equipment?
who has been using it first or filed for it first
generally the use of a software to perform a job or deliver product
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
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

25. Drake V. Walton County regarding the county taking property
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.
crops is considered to be real property and should be considered in the sale of such property.
can appeal - subject to new trial
sexual harassment is protected under title 7 because it effects genders differently in the workplace

26. Arraignment is what?
entry of a plea - guilty/ not guilty
any party can terminate an employment arrangement at anytime no questions asked
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

27. What is can be considered trade dress?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
distinctive decor - menu - style - service of an offering
sufficient evidence
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

28. Necessity defense
allows for use of copyrighted material under certain guidelines
criminal defense stating that a crime was necessary in preventing an even greater crime
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
who has been using it first or filed for it first

29. What is protected expression?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
must effectively try to acquire protection as well as keep the secret
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

30. Special Bailments
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
treble damages
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

31. The Berne Convention
record of such condition - being regarded as actually having a condition
secondary meaning
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

32. 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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
it is a federal crime to use the us postal service to defraud others on false pretenses
hours of employment - conditions - age of workers

33. Fair use is limited to?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

34. Robbery
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
multiple owners of real or personal property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

35. Title VII protected categories?
generally the use of a software to perform a job or deliver product
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
race - sex - national origin - color - religion

36. Strong Marks Case Example

37. How is the right to use a trademark determined?
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
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
who has been using it first or filed for it first

38. What is the result of a mistrial or a hung jury?
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
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
mistake of fact
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

39. What composes an 'at will doctrine'
the right to enter onto another persons property with the intentions of removing something valuable
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
any party can terminate an employment arrangement at anytime no questions asked
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

40. What could be considered as sexual harassment in the work place
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
generally the use of a software to perform a job or deliver product
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
this for that - sexual favors - general conduct however one incident is not enough

41. Example of an exception to the at will doctrine based on tort theory
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
secondary meaning
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

42. Counterfeiting example? regarding punishment
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
treble damages
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
criminal defense stating that a crime was necessary in preventing an even greater crime

43. Title VII prevents discrimination in?

44. How can someone legally acquire trade secrets?
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
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.
reverse engineer - go through garbage..
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

45. Arrest requires
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
probable cause
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

46. How long is a trademark protected? is it renewable
10 years and it is renewable
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
entry of a plea - guilty/ not guilty
obtaining ownership by living on anothers property

47. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
agreement permitting use of a 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
crops is considered to be real property and should be considered in the sale of such property.

48. Trademarks are good for? are they renewable
10 year period renewable
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
No - but if they find any other reason - like you have been late often than you'll probably get fired
the corporation could have prevented such acts

49. When property is found who gets property when it was abondoned?
criticism - use in satire - news report - use to educate
finder after obtaining a title
another persons right to make limited use of another persons real property without taking anything away from the property
cannot be tried again - no appeal

50. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual