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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. When property is found who gets property when it was abondoned?
intent - delivery - acceptance
finder after obtaining a title
it rewards citizens for putting land to good use rather than just sitting on expanses of property
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

2. What is the difference between real and personal property?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

3. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
secondary meaning
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

4. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
breaking into a residence with the intent of performing a felony. this is a crime against property.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

5. Gold club corporate criminal liability example?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

6. What are the requirements for adverse possession to be recognized?
can appeal - subject to new trial
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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

7. Workers comp and negligence

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8. Are crops real property when they are sold?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
owner of premise where it was found - after good title is acquired
No - they are considered to be goods and is governed by the uniform commercial code

9. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a warranty that the buyer will not be disturbed in their possession of the land
obtaining ownership by living on anothers property

10. Engagement rings are considered to be?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
conditional gifts that are only accepted upon the performance of marriage
the property that will benefit from a profit

11. Tenancy in common
the right to enter onto another persons property with the intentions of removing something valuable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

12. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
intent - delivery - acceptance
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

13. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
agreement permitting use of a trademark

14. What are some criminal defenses
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

15. Country club case
race - sex - national origin - color - religion
classic stone corp. owns a profit in gross - and cannot transfer this right to another
first person to invent not file for patent
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

16. Adverse possession
obtaining ownership by living on anothers property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
owners of secret must try and protect - destroy garbage

17. Fair use doctrine
key words of a website that are used for search engines
generally the use of a software to perform a job or deliver product
allows for use of copyrighted material under certain guidelines
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

18. In real property law who is considered to be the dominant estate?
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
distinctive decor - menu - style - service of an offering
the property that will benefit from a profit
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

19. What is a covenant of quiet enjoyment?
novel - useful - non obvious
a warranty that the buyer will not be disturbed in their possession of the land
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

20. Derivative work
voluntarily parted with at the time - but then later tries to find it
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
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

21. Bailments are?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
property of one person rightfully in possession of another - custody
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

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

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23. Possible ruling interpretations for accession cases
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

24. The EEOC requires that victims do what before they hold employers liable?
employers need to make reasonable effort - employers should have a process to deal with hostility - employees are required to give employer a chance to take care of
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
ownership rights to property
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

25. Estray statutes encourage what?
arises when customers begin to associate a specific term or phrase with specific trademarked items
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
distinctive decor - menu - style - service of an offering

26. Business process patents involve?
generally the use of a software to perform a job or deliver product
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
allows for use of copyrighted material under certain guidelines

27. What composes RICO?
entry of a plea - guilty/ not guilty
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
any party can terminate an employment arrangement at anytime no questions asked

28. 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
record of such condition - being regarded as actually having a condition
any party can terminate an employment arrangement at anytime no questions asked
crops is considered to be real property and should be considered in the sale of such property.

29. What is can be considered trade dress?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
distinctive decor - menu - style - service of an offering
it rewards citizens for putting land to good use rather than just sitting on expanses of property

30. Members of the TRIPS agreement cannot do what?
test is originality - lasts life of creator - protection is automatic
streamlines and standardizes the processes for applying for a trademark abroad
members cannot give nationals favorable treatment
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

31. The WARN act calls for what?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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 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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

32. Mail Fraud Act of 1990 is what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
it is a federal crime to use the us postal service to defraud others on false pretenses
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

33. The Berne Convention
No - but if they find any other reason - like you have been late often than you'll probably get fired
the corporation could have prevented such acts
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

34. Employers should handle hostile environments regarding protected members of title 7 by?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
mistake of fact
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

35. License in trademark law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
agreement permitting use of a trademark
voluntarily parted with at the time - but then later tries to find it
entry of a plea - guilty/ not guilty

36. Outcome of unanimous not guilty?
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
secondary meaning
cannot be tried again - no appeal
intent - delivery - acceptance

37. Counterfeiting example? regarding punishment
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
generally the use of a software to perform a job or deliver product
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

38. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
property of one person rightfully in possession of another - custody
10 year period renewable
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

39. Embezzlement
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
process of hiding the source of illegally acquired funds
voluntarily parted with at the time - but then later tries to find it
fraudulent miss-use of funds that have been entrusted to them

40. What is Actus Reus
sally would possess an easement in this case - the right to travel across property owner peter's land
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

41. Joint tenancy
another persons right to make limited use of another persons real property without taking anything away from the property
first person to invent not file for patent
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

42. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
obtaining ownership by living on anothers property

43. What is secondary meaning?
a physical or mental impairment that substantially limits one or more major life activities
given exclusive possession and control over property - and knowingly accept responsibility
conditional gifts that are only accepted upon the performance of marriage
arises when customers begin to associate a specific term or phrase with specific trademarked items

44. What is not copyrightable?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
a warranty that the buyer will not be disturbed in their possession of the land
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

45. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
it is a federal crime to use the us postal service to defraud others on false pretenses

46. Patents allow for the owner to?
secondary meaning
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

47. Fair use is limited to?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
mental state or intent part 2 of 2 for determining criminal liability
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

48. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
birth - child placement - employee health - care for spouse - child - or parent - military duty
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

49. Collective mark
used by members of a cooperative organization to certify the quality of service or product
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
it rewards citizens for putting land to good use rather than just sitting on expanses of property

50. Larceny
breaking into a residence with the intent of performing a felony. this is a crime against property.
taking property away from the owner with the intent of permanently removing them of ownership
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace