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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. Responsible corporate officer doctrine?
a physical or mental impairment that substantially limits one or more major life activities
arises when customers begin to associate a specific term or phrase with specific trademarked items
sally would possess an easement in this case - the right to travel across property owner peter's land
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

2. What is the determining issue when proving entrapment?
key words of a website that are used for search engines
cannot be tried again - no appeal
it is a federal crime to use the us postal service to defraud others on false pretenses
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

3. What is can be considered trade dress?
No - they are considered to be goods and is governed by the uniform commercial code
distinctive decor - menu - style - service of an offering
mental state or intent part 2 of 2 for determining criminal liability
20 years from filing

4. Determining disability regarding with and without equipment?
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
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
a physical or mental impairment that substantially limits one or more major life activities
reverse engineer - go through garbage..

5. Examples of collective marks
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
work for a company with more than 50 employees - employed for a year - and must try to give notice
given exclusive possession and control over property - and knowingly accept responsibility

6. Constructive bailments are?

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7. 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
a warranty that the buyer will not be disturbed in their possession of the land
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
used by members of a cooperative organization to certify the quality of service or product

8. What is the result of a mistrial or a hung jury?
first person to invent not file for patent
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
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 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

9. Is it a fixture?
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
intent when attached and will item be damaged because of removal? hard to determine
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

10. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

11. Roman Catholic Church V. Prince Reality Management regarding a license?
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
taking property away from the owner with the intent of permanently removing them of ownership
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
criminal defense stating that a crime was necessary in preventing an even greater crime

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

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13. Tenancy by the entirety - or community ownership
streamlines and standardizes the processes for applying for a trademark abroad
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
first person to invent not file for patent
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

14. Adverse possession
sufficient evidence
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
obtaining ownership by living on anothers property
used by members of a cooperative organization to certify the quality of service or product

15. What is a Deed
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
record of such condition - being regarded as actually having a condition
document by which title to property is passed
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

16. Patent Requirements
sufficient evidence
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
novel - useful - non obvious
intent when attached and will item be damaged because of removal? hard to determine

17. What is a license considered to be in real property law?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
distinctive decor - menu - style - service of an offering

18. What is the difference between real and personal property?
document by which title to property is passed
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

19. Meta tag example about terri welles
must effectively try to acquire protection as well as keep the secret
criticism - use in satire - news report - use to educate
10 years and it is renewable
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

20. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
agreement permitting use of a trademark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

21. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
prohibits excessive bail and fines - cruel and unusual punishment
classic stone corp. owns a profit in gross - and cannot transfer this right to another
streamlines and standardizes the processes for applying for a trademark abroad

22. What is legally a disability?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
breaking into a residence with the intent of performing a felony. this is a crime against property.
a physical or mental impairment that substantially limits one or more major life activities
10 year period renewable

23. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the corporation could have prevented such acts
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
can appeal - subject to new trial

24. Strong Marks Case Example

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25. Mens Rea
a physical or mental impairment that substantially limits one or more major life activities
streamlines and standardizes the processes for applying for a trademark abroad
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
mental state or intent part 2 of 2 for determining criminal liability

26. Concurrent ownership
secondary meaning
owners of secret must try and protect - destroy garbage
multiple owners of real or personal 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

27. The WARN act calls for 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
mistake of fact
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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

28. Remedies for patent infringement
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
probable cause
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

29. Robbery
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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

30. Title VII prevents discrimination in?

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31. What composes RICO?
key words of a website that are used for search engines
10 years and it is renewable
members cannot give nationals favorable treatment
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

32. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
work for a company with more than 50 employees - employed for a year - and must try to give notice
used by members of a cooperative organization to certify the quality of service or product
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

33. Example of an exception to the at will doctrine based on tort theory
a physical or mental impairment that substantially limits one or more major life activities
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
probable cause
crops is considered to be real property and should be considered in the sale of such property.

34. The Berne Convention
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

35. What is Actus Reus
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

36. What are some criminal defenses
document by which title to property is passed
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
hours of employment - conditions - age of workers

37. Service mark
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
any party can terminate an employment arrangement at anytime no questions asked
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the right to enter onto another persons property with the intentions of removing something valuable

38. Americans with disabilities act accomplishes what?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
sufficient evidence
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

39. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
the right to enter onto another persons property with the intentions of removing something valuable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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

40. What are the requirements for making a gift an effective transfer of ownership?
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
intent - delivery - acceptance
taking property away from the owner with the intent of permanently removing them of ownership

41. TRIPS agreement
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
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

42. What conditions are covered by the family medical leave act?
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
birth - child placement - employee health - care for spouse - child - or parent - military duty
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

43. Napster example?
given exclusive possession and control over property - and knowingly accept responsibility
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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

44. What composes an 'at will doctrine'
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
first person to invent not file for patent
any party can terminate an employment arrangement at anytime no questions asked
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

45. Do Deeds require consideration to be valid?
No - property gifts are common
obtaining ownership by living on anothers 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
members cannot give nationals favorable treatment

46. In order to prove discrimination in hiring one has to prove?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
voluntarily parted with at the time - but then later tries to find it
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

47. Sexual harassment is treated as what?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
taking property away from the owner with the intent of permanently removing them of ownership
cannot be tried again - no appeal

48. Attorney client privilege accomplishes what?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

49. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
can appeal - subject to new trial
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

50. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
owners of secret must try and protect - destroy garbage
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
No - but if they find any other reason - like you have been late often than you'll probably get fired