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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. Roman Catholic Church V. Prince Reality Management regarding a license?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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

2. What composes an 'at will doctrine'
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
any party can terminate an employment arrangement at anytime no questions asked
this for that - sexual favors - general conduct however one incident is not enough

3. Strong Marks Case Example

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4. What kind of mistake can be used as criminal defense?
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
mistake of fact
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
streamlines and standardizes the processes for applying for a trademark abroad

5. Copyright requirements
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
test is originality - lasts life of creator - protection is automatic
criticism - use in satire - news report - use to educate
owners of secret must try and protect - destroy garbage

6. Cybersquatting
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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.

7. Bailments are?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
crops is considered to be real property and should be considered in the sale of such property.
property of one person rightfully in possession of another - custody

8. Patent Requirements
obtaining ownership by living on anothers property
novel - useful - non obvious
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

9. Are crops real property when they are sold?
the right to enter onto another persons property with the intentions of removing something valuable
finder after obtaining a title
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
No - they are considered to be goods and is governed by the uniform commercial code

10. What could be considered as sexual harassment in the work place
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
birth - child placement - employee health - care for spouse - child - or parent - military duty
this for that - sexual favors - general conduct however one incident is not enough

11. Mislaid property
entry of a plea - guilty/ not guilty
voluntarily parted with at the time - but then later tries to find it
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

12. Arraignment is what?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
can appeal - subject to new trial
entry of a plea - guilty/ not guilty
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

13. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
criticism - use in satire - news report - use to educate
key words of a website that are used for search engines
it is a federal crime to use the us postal service to defraud others on false pretenses

14. What protection does the 6th amendment provide?
a warranty that the buyer will not be disturbed in their possession of the land
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
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

15. Mail fraud act example senator?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
race - sex - national origin - color - religion

16. Meta tags
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
key words of a website that are used for search engines
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

17. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
can appeal - subject to new trial
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

18. Discrimination during the hiring process is acceptable when?
can appeal - subject to new trial
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
a warranty that the buyer will not be disturbed in their possession of the land

19. Is it a fixture?
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
intent when attached and will item be damaged because of removal? hard to determine
the corporation could have prevented such acts
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

20. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
members cannot give nationals favorable treatment

21. Title VII protected categories?
hours of employment - conditions - age of workers
race - sex - national origin - color - religion
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

22. What are the requirements for making a gift an effective transfer of ownership?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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.
intent - delivery - acceptance

23. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
owners of secret must try and protect - destroy garbage
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
finder after obtaining a title

24. Possible ruling interpretations for accession cases
must effectively try to acquire protection as well as keep the secret
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
sally would possess an easement in this case - the right to travel across property owner peter's land
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

25. In real property law who is considered to be the dominant estate?
owner of premise where it was found - after good title is acquired
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
the property that will benefit from a profit
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

26. What is a conveyance?
a deed that transfers interest in a life estate from one to another
birth - child placement - employee health - care for spouse - child - or parent - military duty
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

27. Example of an exception to the at will doctrine based on contract theory
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
10 year period renewable
the property that will benefit from a profit
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

28. What is an easement?
first person to invent not file for patent
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
another persons right to make limited use of another persons real property without taking anything away from the property
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

29. Difference between joint tenancy and tenancy in common?
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
streamlines and standardizes the processes for applying for a trademark abroad

30. Engagement rings are considered to be?
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
who has been using it first or filed for it first
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
conditional gifts that are only accepted upon the performance of marriage

31. Tenancy by the entirety - or community ownership
crops is considered to be real property and should be considered in the sale of such property.
property of one person rightfully in possession of another - custody
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

32. Remedies for patent infringement
taking property away from the owner with the intent of permanently removing them of ownership
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
sufficient evidence
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

33. How long are patents protected?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
probable cause
20 years from filing
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

34. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
intent when attached and will item be damaged because of removal? hard to determine
process of hiding the source of illegally acquired funds

35. Reasonable accommodation requirements by the ADA
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
ownership rights to property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

36. Joint tenancy
No - property gifts are common
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

37. Sexual harassment is treated as what?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a warranty that the buyer will not be disturbed in their possession of the land
sexual harassment is protected under title 7 because it effects genders differently in the workplace
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

38. When property is found who gets property when it was abondoned?
fraudulent miss-use of funds that have been entrusted to them
finder after obtaining a title
reverse engineer - go through garbage..
owners of secret must try and protect - destroy garbage

39. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
entry of a plea - guilty/ not guilty
cannot be tried again - no appeal
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

40. Robbery
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
hours of employment - conditions - age of workers

41. Generic terms can never have?
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
secondary meaning
novel - useful - non obvious
prohibits excessive bail and fines - cruel and unusual punishment

42. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
generally the use of a software to perform a job or deliver product
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
secondary meaning
10 year period renewable

43. 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?
owners of secret must try and protect - destroy garbage
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

44. TRIPS agreement
sexual harassment is protected under title 7 because it effects genders differently in the workplace
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
hours of employment - conditions - age of workers

45. Members of the TRIPS agreement cannot do what?
allows for use of copyrighted material under certain guidelines
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
members cannot give nationals favorable treatment
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

46. Triple amount of damages definition
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
treble damages
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 deed that transfers interest in a life estate from one to another

47. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
the property that is burdened by a profit
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

48. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
key words of a website that are used for search engines
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
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

49. 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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50. What is secondary meaning?
members cannot give nationals favorable treatment
the corporation could have prevented such acts
arises when customers begin to associate a specific term or phrase with specific trademarked items
generally the use of a software to perform a job or deliver product