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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. 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?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
work for a company with more than 50 employees - employed for a year - and must try to give notice
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
classic stone corp. owns a profit in gross - and cannot transfer this right to another

2. What is the difference between real and personal property?
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.
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

3. 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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4. What happens when land is sold that is growing crops?
offering someone who works at a different firm money for their trade secrets
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
crops is considered to be real property and should be considered in the sale of such property.
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

5. Tenancy by the entirety - or community ownership
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
secondary meaning
must effectively try to acquire protection as well as keep the secret
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

6. What is the result of a mistrial or a hung jury?
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
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

7. Sambucks vs. starbucks
intent when attached and will item be damaged because of removal? hard to determine
streamlines and standardizes the processes for applying for a trademark abroad
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
prohibits excessive bail and fines - cruel and unusual punishment

8. Responsible corporate officer doctrine?
cannot be tried again - no appeal
voluntarily parted with at the time - but then later tries to find it
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
entry of a plea - guilty/ not guilty

9. What kind of mistake can be used as criminal defense?
mistake of fact
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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

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

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11. Drake V. Walton County regarding the county taking property
court found that sambucks caused significant confusion required to harm the value of starbacks 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.
intent - delivery - acceptance
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

12. What is can be considered trade dress?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
the right to enter onto another persons property with the intentions of removing something valuable
distinctive decor - menu - style - service of an offering

13. Trademarks are good for? are they renewable
sally would possess an easement in this case - the right to travel across property owner peter's land
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
treble damages
10 year period renewable

14. Country club case
No - but if they find any other reason - like you have been late often than you'll probably get fired
mental state or intent part 2 of 2 for determining criminal liability
key words of a website that are used for search engines
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

15. The madrid protocol accomplishes what?
mental state or intent part 2 of 2 for determining criminal liability
streamlines and standardizes the processes for applying for a trademark abroad
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
crops is considered to be real property and should be considered in the sale of such property.

16. In real property law who is considered to be the servient estate?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
obtaining ownership by living on anothers property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
the property that is burdened by a profit

17. EEOC is responsible for doing what?
multiple owners of real or personal property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
voluntarily parted with at the time - but then later tries to find it
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

18. Arrest requires
another persons right to make limited use of another persons real property without taking anything away from the property
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
probable cause

19. Estray statutes encourage what?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
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
streamlines and standardizes the processes for applying for a trademark abroad

20. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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21. What is not copyrightable?
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
property of one person rightfully in possession of another - custody
fraudulent miss-use of funds that have been entrusted to them
mistake of fact

22. Purpose of criminal penalties?
first person to invent not file for patent
No - property gifts are common
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

23. Service mark
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
cannot be tried again - no appeal
conditional gifts that are only accepted upon the performance of marriage

24. What protection does the 8th amendment provide?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
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
prohibits excessive bail and fines - cruel and unusual punishment

25. Steps to determining trademark infringement?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
10 year period renewable

26. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
novel - useful - non obvious
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

27. When property is found who gets property when it was abondoned?
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
finder after obtaining a title
10 year period renewable

28. How can someone legally acquire trade secrets?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
reverse engineer - go through garbage..
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

29. Indictment requires
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
sufficient evidence
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

30. What is the purpose of the adverse possession doctrine?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
it rewards citizens for putting land to good use rather than just sitting on expanses of property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

31. In real property law who is considered to be the dominant estate?
work for a company with more than 50 employees - employed for a year - and must try to give notice
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the property that will benefit from a profit
treble damages

32. In order to receive protection under the family medical leave act - one must?
10 year period renewable
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
work for a company with more than 50 employees - employed for a year - and must try to give notice
allows for use of copyrighted material under certain guidelines

33. Tenancy in common
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

34. Burglary
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
secondary meaning

35. What composes an 'at will doctrine'
can appeal - subject to new trial
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

36. Patents allow for the owner to?
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
owners of secret must try and protect - destroy garbage
record of such condition - being regarded as actually having a condition
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

37. How long are patents protected?
20 years from filing
10 years and it is renewable
crops is considered to be real property and should be considered in the sale of such property.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

38. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
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
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
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

39. 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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
owners of secret must try and protect - destroy garbage
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

40. Mail fraud act example senator?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
process of hiding the source of illegally acquired funds

41. How are trade secrets treated and protected?
taking property away from the owner with the intent of permanently removing them of ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
owners of secret must try and protect - destroy garbage
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

42. What is a license considered to be in real property law?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
fraudulent miss-use of funds that have been entrusted to them
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

43. What is a profit under real property law?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
arises when customers begin to associate a specific term or phrase with specific trademarked items
work for a company with more than 50 employees - employed for a year - and must try to give notice
the right to enter onto another persons property with the intentions of removing something valuable

44. 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?
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 the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened
entry of a plea - guilty/ not guilty

45. What are the requirements for adverse possession to be recognized?
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
property of one person rightfully in possession of another - custody

46. Patent Requirements
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
novel - useful - non obvious

47. Trademark dilution
entry of a plea - guilty/ not guilty
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
record of such condition - being regarded as actually having a condition
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

48. Candyland example?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

49. Special Bailments
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
first person to invent not file for patent
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

50. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
ownership rights to property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
streamlines and standardizes the processes for applying for a trademark abroad