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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. Are compilation of facts copyrightable? case example
used by members of a cooperative organization to certify the quality of service or product
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

2. Bailments are?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
property of one person rightfully in possession of another - custody

3. Collective mark
used by members of a cooperative organization to certify the quality of service or product
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.
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

4. Patent Requirements
novel - useful - non obvious
cannot be tried again - no appeal
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
secondary meaning

5. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
distinctive decor - menu - style - service of an offering

6. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
multiple owners of real or personal property

7. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

8. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
first person to invent not file for patent
secondary meaning
probable cause

9. When property is found that was mislaid who owns it?
intent - delivery - acceptance
owner of premise where it was found - after good title is acquired
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
offering someone who works at a different firm money for their trade secrets

10. Fair labor standards act covers issues such as?
another persons right to make limited use of another persons real property without taking anything away from the property
10 years and it is renewable
streamlines and standardizes the processes for applying for a trademark abroad
hours of employment - conditions - age of workers

11. Outcome of a unanimous guilty verdict?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

12. What kind of mistake can be used as criminal defense?
the property that will benefit from a profit
test is originality - lasts life of creator - protection is automatic
mistake of fact
first person to invent not file for patent

13. What is a covenant of quiet enjoyment?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
hours of employment - conditions - age of workers
a warranty that the buyer will not be disturbed in their possession of the land
owners of secret must try and protect - destroy garbage

14. Burglary
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
the right to enter onto another persons property with the intentions of removing something valuable
breaking into a residence with the intent of performing a felony. this is a crime against property.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

15. Difference between joint tenancy and tenancy in common?
hours of employment - conditions - age of workers
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
any party can terminate an employment arrangement at anytime no questions asked

16. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

17. Meta tags
secondary meaning
fraudulent miss-use of funds that have been entrusted to them
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
key words of a website that are used for search engines

18. What could be considered as sexual harassment in the work place
entry of a plea - guilty/ not guilty
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
this for that - sexual favors - general conduct however one incident is not enough

19. Concurrent ownership
agreement permitting use of a trademark
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.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
multiple owners of real or personal property

20. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

21. 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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22. In order to receive protection under the family medical leave act - one must?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
work for a company with more than 50 employees - employed for a year - and must try to give notice
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
intent - delivery - acceptance

23. What is the determining issue when proving entrapment?
sufficient evidence
arises when customers begin to associate a specific term or phrase with specific trademarked items
the right to enter onto another persons property with the intentions of removing something valuable
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

24. Tenancy by the entirety - or community ownership
members cannot give nationals favorable treatment
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

25. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
No - property gifts are 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
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

26. How long are patents protected?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
20 years from filing

27. 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?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

28. Workers comp and negligence

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29. Tenancy in common
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
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
must effectively try to acquire protection as well as keep the secret

30. Discrimination during the hiring process is acceptable when?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
document by which title to property is passed

31. Mail fraud act example senator?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

32. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
record of such condition - being regarded as actually having a condition
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

33. The EEOC requires that victims do what before they hold employers liable?
10 years and it is renewable
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
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
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

34. Arrest requires
probable cause
voluntarily parted with at the time - but then later tries to find it
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

35. 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
conditional gifts that are only accepted upon the performance of marriage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
reverse engineer - go through garbage..

36. Certification mark
signed by hundreds of countries that establishes standards for the international protection of intellectual property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
ownership rights to property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

37. License in trademark law?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
given exclusive possession and control over property - and knowingly accept responsibility
agreement permitting use of a trademark

38. Indictment requires
work for a company with more than 50 employees - employed for a year - and must try to give notice
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
sufficient evidence
a deed that transfers interest in a life estate from one to another

39. Under the americans with disabilities act - when can a disability be discussed?

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40. Title VII protected categories?
multiple owners of real or personal property
race - sex - national origin - color - religion
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

41. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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.
obtaining ownership by living on anothers property
owner of premise where it was found - after good title is acquired

42. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
used by members of a cooperative organization to certify the quality of service or product
finder after obtaining a title
race - sex - national origin - color - religion

43. Examples of collective marks
process of hiding the source of illegally acquired funds
it rewards citizens for putting land to good use rather than just sitting on expanses of property
agreement permitting use of a trademark
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

44. What determines likeliness of confusion?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

45. What composes RICO?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
entry of a plea - guilty/ not guilty
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

46. Mislaid property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
voluntarily parted with at the time - but then later tries to find it
fraudulent miss-use of funds that have been entrusted to them
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

47. What must a deed possess to be valid?

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48. Copyright requirements
test is originality - lasts life of creator - protection is automatic
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
novel - useful - non obvious
probable cause

49. What is legally a disability?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a physical or mental impairment that substantially limits one or more major life activities
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
first person to invent not file for patent

50. Money laundering
who has been using it first or filed for it first
process of hiding the source of illegally acquired funds
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

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