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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. Arraignment is what?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
mental state or intent part 2 of 2 for determining criminal liability
entry of a plea - guilty/ not guilty
breaking into a residence with the intent of performing a felony. this is a crime against property.

2. 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?

3. Cybersquatting
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
20 years from filing
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

4. What is an easement?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
another persons right to make limited use of another persons real property without taking anything away from the property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

5. Estray statutes encourage what?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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
crops is considered to be real property and should be considered in the sale of such property.

6. 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
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
test is originality - lasts life of creator - protection is automatic

7. Mail fraud act example senator?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
document by which title to property is passed
intent when attached and will item be damaged because of removal? hard to determine

8. EEOC is responsible for doing what?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
generally the use of a software to perform a job or deliver product
entry of a plea - guilty/ not guilty
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

9. Title VII prevents discrimination in?

10. 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
key words of a website that are used for search engines
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 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

11. Employers should handle hostile environments regarding protected members of title 7 by?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
mistake of fact
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

12. Fair use doctrine
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
probable cause
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

13. Sexual harassment is treated as 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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
race - sex - national origin - color - religion
sexual harassment is protected under title 7 because it effects genders differently in the workplace

14. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
owner of premise where it was found - after good title is acquired
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
hours of employment - conditions - age of workers

15. Meta tags
key words of a website that are used for search engines
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

16. Remedies for patent infringement
sally would possess an easement in this case - the right to travel across property owner peter's land
crops is considered to be real property and should be considered in the sale of such property.
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

17. 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?
prohibits excessive bail and fines - cruel and unusual punishment
can appeal - subject to new trial
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
classic stone corp. owns a profit in gross - and cannot transfer this right to another

18. Embezzlement
distinctive decor - menu - style - service of an offering
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
fraudulent miss-use of funds that have been entrusted to them
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.

19. In the united states who gets the patent if there is a conflict?
offering someone who works at a different firm money for their trade secrets
crops is considered to be real property and should be considered in the sale of such property.
work for a company with more than 50 employees - employed for a year - and must try to give notice
first person to invent not file for patent

20. Engagement rings are considered to be?
property of one person rightfully in possession of another - custody
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
conditional gifts that are only accepted upon the performance of marriage

21. 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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
mental state or intent part 2 of 2 for determining criminal liability
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

23. When property is found that was mislaid who owns it?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
owner of premise where it was found - after good title is acquired
obtaining ownership by living on anothers property

24. How can you come to possess land through adverse possession?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

25. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of 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
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

26. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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.
birth - child placement - employee health - care for spouse - child - or parent - military duty

27. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
entry of a plea - guilty/ not guilty
20 years from filing
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

28. The Berne Convention
ownership rights to property
crops is considered to be real property and should be considered in the sale of such property.
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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

29. What is the result of a mistrial or a hung jury?
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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
record of such condition - being regarded as actually having a condition

30. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
taking property away from the owner with the intent of permanently removing them of ownership

31. Commercial bribery example
prohibits excessive bail and fines - cruel and unusual punishment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
can appeal - subject to new trial
offering someone who works at a different firm money for their trade secrets

32. Mislaid property
it is a federal crime to use the us postal service to defraud others on false pretenses
voluntarily parted with at the time - but then later tries to find it
who has been using it first or filed for it first
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

33. Bailments are?
property of one person rightfully in possession of another - custody
it is a federal crime to use the us postal service to defraud others on false pretenses
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
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

34. What is can be considered trade dress?
generally the use of a software to perform a job or deliver product
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
distinctive decor - menu - style - service of an offering

35. 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 someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

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

37. 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
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
any party can terminate an employment arrangement at anytime no questions asked

38. When property is found who gets property when it was abondoned?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
hours of employment - conditions - age of workers
finder after obtaining a title
mental state or intent part 2 of 2 for determining criminal liability

39. Business process patents involve?
allows for use of copyrighted material under certain guidelines
signed by hundreds of countries that establishes standards for the international protection of intellectual property
generally the use of a software to perform a job or deliver product
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

40. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
record of such condition - being regarded as actually having a condition
members cannot give nationals favorable treatment
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

41. Reverse discrimination example firefighters
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the property that will benefit from a profit
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

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

43. What could be considered as sexual harassment in the work place
breaking into a residence with the intent of performing a felony. this is a crime against property.
this for that - sexual favors - general conduct however one incident is not enough
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

44. Example of an exception to the at will doctrine based on tort theory
sally would possess an easement in this case - the right to travel across property owner peter's land
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

45. What is a profit under real property law?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the right to enter onto another persons property with the intentions of removing something valuable
it is a federal crime to use the us postal service to defraud others on false pretenses

46. In real property law who is considered to be the dominant estate?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
the property that will benefit from a profit

47. What is an easement by implication?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
can appeal - subject to new trial
sally would possess an easement in this case - the right to travel across property owner peter's land
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

48. What happens when land is sold that is growing crops?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
agreement permitting use of a trademark
crops is considered to be real property and should be considered in the sale of such property.

49. What is the determining issue when proving 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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
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

50. How long is a trademark protected? is it renewable
mistake of fact
No - property gifts are common
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
10 years and it is renewable