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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. Facts to be used in the fair use standard are?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

2. 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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
can appeal - subject to new trial

3. Secondary Meaning Example frosty treats
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
record of such condition - being regarded as actually having a condition
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
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

4. Darst V. Interstate Brands Corp. regarding family and medical leave rights
criminal defense stating that a crime was necessary in preventing an even greater crime
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
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
10 year period renewable

5. Robbery
obtaining ownership by living on anothers property
hours of employment - conditions - age of workers
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
can appeal - subject to new trial

6. Commercial bribery example
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
offering someone who works at a different firm money for their trade secrets
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
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

7. How long are patents protected?
20 years from filing
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

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

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9. Patent Requirements
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
novel - useful - non obvious
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
owners of secret must try and protect - destroy garbage

10. Requirements of a bailement
allows for use of copyrighted material under certain guidelines
given exclusive possession and control over property - and knowingly accept responsibility
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

11. Bailments are?
property of one person rightfully in possession of another - custody
intent when attached and will item be damaged because of removal? hard to determine
voluntarily parted with at the time - but then later tries to find it
crops is considered to be real property and should be considered in the sale of such property.

12. What could be considered as sexual harassment in the work place
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
this for that - sexual favors - general conduct however one incident is not enough
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
entry of a plea - guilty/ not guilty

13. Reasonable accommodation requirements by the ADA
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

14. Mail fraud act example senator?
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
reverse engineer - go through garbage..
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
record of such condition - being regarded as actually having a condition

15. In order for a disability to be legally recognized what must exist?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
record of such condition - being regarded as actually having a condition
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
reverse engineer - go through garbage..

16. In real property law who is considered to be the dominant estate?
ownership rights to property
the property that will benefit from a profit
distinctive decor - menu - style - service of an offering
agreement permitting use of a trademark

17. 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
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
given exclusive possession and control over property - and knowingly accept responsibility
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

18. Tenancy in common
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
streamlines and standardizes the processes for applying for a trademark abroad
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

19. What composes an 'at will doctrine'
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
used by members of a cooperative organization to certify the quality of service or product
signed by hundreds of countries that establishes standards for the international protection of intellectual property
any party can terminate an employment arrangement at anytime no questions asked

20. 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?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
crops is considered to be real property and should be considered in the sale of such property.
owner of premise where it was found - after good title is acquired
classic stone corp. owns a profit in gross - and cannot transfer this right to another

21. Mislaid property
document by which title to property is passed
voluntarily parted with at the time - but then later tries to find it
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

22. Collective mark
criminal defense stating that a crime was necessary in preventing an even greater crime
novel - useful - non obvious
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

23. Gold club corporate criminal liability example?
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
agreement permitting use of a trademark
cannot be tried again - no appeal
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

24. What is an easement by implication?
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
probable cause

25. Discrimination during the hiring process is acceptable when?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
breaking into a residence with the intent of performing a felony. this is a crime against property.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
10 year period renewable

26. Are commercial flights permitted to fly over private 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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
conditional gifts that are only accepted upon the performance of marriage

27. Members of the TRIPS agreement cannot do what?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
property of one person rightfully in possession of another - custody
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
members cannot give nationals favorable treatment

28. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
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
property of one person rightfully in possession of another - custody
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

29. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
any party can terminate an employment arrangement at anytime no questions asked

30. Is it a fixture?
finder after obtaining a title
secondary meaning
ownership rights to property
intent when attached and will item be damaged because of removal? hard to determine

31. Derivative work
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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 disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

32. Necessity defense
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
criminal defense stating that a crime was necessary in preventing an even greater crime

33. What are strong Marks?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
it is a federal crime to use the us postal service to defraud others on false pretenses
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

34. Business process patents involve?
another persons right to make limited use of another persons real property without taking anything away from the 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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
generally the use of a software to perform a job or deliver product

35. In order to prove discrimination in hiring one has to prove?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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.
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
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

36. Fair use is limited to?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
signed by hundreds of countries that establishes standards for the international protection of intellectual property
finder after obtaining a title

37. What is secondary meaning?
intent - delivery - acceptance
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a warranty that the buyer will not be disturbed in their possession of the land
arises when customers begin to associate a specific term or phrase with specific trademarked items

38. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
10 years and it is renewable

39. How long is a copyright protected? for a corporation?
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
20 years from filing
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
sufficient evidence

40. Mens Rea
secondary meaning
given exclusive possession and control over property - and knowingly accept responsibility
mental state or intent part 2 of 2 for determining criminal liability
sexual harassment is protected under title 7 because it effects genders differently in the workplace

41. Difference between joint tenancy and tenancy in common?
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
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
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

42. What is the result of a mistrial or a hung jury?
property of one person rightfully in possession of another - custody
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
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

43. Example of an exception to the at will doctrine based on tort theory
the property that is burdened by a profit
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
novel - useful - non obvious

44. Remedies for patent infringement
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

45. What is an easement by prescription?
the right to enter onto another persons property with the intentions of removing something valuable
secondary meaning
criminal defense stating that a crime was necessary in preventing an even greater crime
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

46. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
property of one person rightfully in possession of another - custody

47. Trademark dilution
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
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
the corporation could have prevented such acts
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

48. The madrid protocol accomplishes what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
it is a federal crime to use the us postal service to defraud others on false pretenses
streamlines and standardizes the processes for applying for a trademark abroad

49. Responsible corporate officer doctrine?
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.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
can appeal - subject to new trial
members cannot give nationals favorable treatment

50. What determines likeliness of confusion?
mistake of fact
a deed that transfers interest in a life estate from one to another
entry of a plea - guilty/ not guilty
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe