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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. Derivative work
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

2. Outcome of unanimous not guilty?
it is a federal crime to use the us postal service to defraud others on false pretenses
cannot be tried again - no appeal
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

3. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
10 years and it is renewable
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

4. In order to prove discrimination in hiring one has to prove?
allows for use of copyrighted material under certain guidelines
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

5. Indictment requires
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
10 year period renewable
prohibits excessive bail and fines - cruel and unusual punishment
sufficient evidence

6. Mistake of fact criminal defense example

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7. The EEOC requires that victims do what before they hold employers liable?
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
secondary meaning
20 years from filing
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

8. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
generally the use of a software to perform a job or deliver product
probable cause
the corporation could have prevented such acts

9. Requirements of a bailement
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
criticism - use in satire - news report - use to educate
given exclusive possession and control over property - and knowingly accept responsibility

10. In order for a disability to be legally recognized what must exist?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
reverse engineer - go through garbage..
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
record of such condition - being regarded as actually having a condition

11. What is an easement by implication?
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

12. How are trade secrets treated and protected?
this for that - sexual favors - general conduct however one incident is not enough
a physical or mental impairment that substantially limits one or more major life activities
owners of secret must try and protect - destroy garbage
signed by hundreds of countries that establishes standards for the international protection of intellectual property

13. What is the purpose of the adverse possession doctrine?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
work for a company with more than 50 employees - employed for a year - and must try to give notice
offering someone who works at a different firm money for their trade secrets
it rewards citizens for putting land to good use rather than just sitting on expanses of property

14. Patents allow for the owner to?
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

15. What is a job offer?
reverse engineer - go through garbage..
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

16. Tenancy by the entirety - or community ownership
given exclusive possession and control over property - and knowingly accept responsibility
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
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

17. How can you come to possess land through adverse possession?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

18. What is an implied warranty of habitability?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
10 year period renewable

19. Estray statutes encourage what?
work for a company with more than 50 employees - employed for a year - and must try to give notice
No - but if they find any other reason - like you have been late often than you'll probably get fired
crops is considered to be real property and should be considered in the sale of such property.
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

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

21. Engagement rings are considered to be?
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
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
streamlines and standardizes the processes for applying for a trademark abroad
conditional gifts that are only accepted upon the performance of marriage

22. Necessity defense
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
criminal defense stating that a crime was necessary in preventing an even greater crime
process of hiding the source of illegally acquired funds
agreement permitting use of a trademark

23. Meta tag example about terri welles
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
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
allows for use of copyrighted material under certain guidelines

24. 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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

25. License in trademark law?
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
criminal defense stating that a crime was necessary in preventing an even greater crime
agreement permitting use of a trademark

26. What uses fall under the fair use doctrine?
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
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
criminal defense stating that a crime was necessary in preventing an even greater crime

27. Tenancy in common
classic stone corp. owns a profit in gross - and cannot transfer this right to another
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
arises when customers begin to associate a specific term or phrase with specific trademarked items

28. Title VII prevents discrimination in?

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29. 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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30. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
intent - delivery - acceptance
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
a warranty that the buyer will not be disturbed in their possession of the land

31. Fair use doctrine
allows for use of copyrighted material under certain guidelines
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
probable cause
sufficient evidence

32. What is an easement?
10 years and it is renewable
fraudulent miss-use of funds that have been entrusted to them
another persons right to make limited use of another persons real property without taking anything away from the property
owners of secret must try and protect - destroy garbage

33. Counterfeiting example? regarding punishment
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
cannot be tried again - no appeal
must effectively try to acquire protection as well as keep the secret
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

34. Are commercial flights permitted to fly over private property?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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

35. When property is found who gets property when it was abondoned?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
finder after obtaining a title
owners of secret must try and protect - destroy garbage
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

36. Embezzlement
this for that - sexual favors - general conduct however one incident is not enough
the property that is burdened by a profit
fraudulent miss-use of funds that have been entrusted to them
another persons right to make limited use of another persons real property without taking anything away from the property

37. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
members cannot give nationals favorable treatment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
intent when attached and will item be damaged because of removal? hard to determine

38. Meta tags
intent - delivery - acceptance
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
key words of a website that are used for search engines

39. What happens when land is sold that is growing crops?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
crops is considered to be real property and should be considered in the sale of such property.

40. Discrimination during the hiring process is acceptable when?
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
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

41. EEOC is responsible for doing what?
another persons right to make limited use of another persons real property without taking anything away from the property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
10 year period renewable

42. Trademarks are good for? are they renewable
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
key words of a website that are used for search engines
arises when customers begin to associate a specific term or phrase with specific trademarked items
10 year period renewable

43. What must a deed possess to be valid?

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44. Mislaid property
must effectively try to acquire protection as well as keep the secret
voluntarily parted with at the time - but then later tries to find it
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

45. Mail Fraud Act of 1990 is what?
10 year period renewable
hours of employment - conditions - age of workers
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
it is a federal crime to use the us postal service to defraud others on false pretenses

46. Sambucks vs. starbucks
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

47. In order to recieve protection what must one do?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
must effectively try to acquire protection as well as keep the secret
owners of secret must try and protect - destroy garbage

48. Steps to determining trademark infringement?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

49. Copyright requirements
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
test is originality - lasts life of creator - protection is automatic
the right to enter onto another persons property with the intentions of removing something valuable

50. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
given exclusive possession and control over property - and knowingly accept responsibility