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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. The Berne Convention
fraudulent miss-use of funds that have been entrusted to them
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

2. What is a profit under real property law?
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
the right to enter onto another persons property with the intentions of removing something valuable
members cannot give nationals favorable treatment
No - property gifts are common

3. Possible ruling interpretations for accession cases
a deed that transfers interest in a life estate from one to another
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

4. Meta tag example about terri welles
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

5. 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?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
criticism - use in satire - news report - use to educate
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

6. 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
finder after obtaining a title
probable cause
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

7. What is a Deed
reverse engineer - go through garbage..
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
intent - delivery - acceptance
document by which title to property is passed

8. Darst V. Interstate Brands Corp. regarding family and medical leave rights
probable cause
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
voluntarily parted with at the time - but then later tries to find it
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

9. Business process patents involve?
generally the use of a software to perform a job or deliver product
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
sally would possess an easement in this case - the right to travel across property owner peter's land

10. Drake V. Walton County regarding the county taking property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
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.
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

11. Triple amount of damages definition
intent - delivery - acceptance
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
No - they are considered to be goods and is governed by the uniform commercial code
treble damages

12. Are compilation of facts copyrightable? case example
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
fraudulent miss-use of funds that have been entrusted to them
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

13. George V restauration s.a. V. Little Rest Twelve licensing case example

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14. Trademarks are good for? are they renewable
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
first person to invent not file for patent
10 year period renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property

15. Purpose of criminal penalties?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
prohibits excessive bail and fines - cruel and unusual punishment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

16. 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
the right to enter onto another persons property with the intentions of removing something valuable
document by which title to property is passed
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

17. What is can be considered trade dress?
fraudulent miss-use of funds that have been entrusted to them
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
distinctive decor - menu - style - service of an offering

18. Special Bailments
it rewards citizens for putting land to good use rather than just sitting on expanses of property
sufficient evidence
multiple owners of real or personal property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

19. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
offering someone who works at a different firm money for their trade secrets
conditional gifts that are only accepted upon the performance of marriage
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

20. Workers comp and negligence

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21. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
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
secondary meaning
20 years from filing

22. Are commercial flights permitted to fly over private property?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
conditional gifts that are only accepted upon the performance of marriage
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

23. What determines likeliness of confusion?
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
mental state or intent part 2 of 2 for determining criminal liability
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

24. Discrimination during the hiring process is acceptable when?
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
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
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. What uses fall under the fair use doctrine?
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
criticism - use in satire - news report - use to educate
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

26. What is legally a disability?
a deed that transfers interest in a life estate from one to another
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
a physical or mental impairment that substantially limits one or more major life activities
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

27. License in trademark law?
allows for use of copyrighted material under certain guidelines
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
agreement permitting use of a trademark

28. Arrest requires
probable cause
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
who has been using it first or filed for it first
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

29. Robbery
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

30. Embezzlement
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
fraudulent miss-use of funds that have been entrusted to them
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

31. Collective mark
used by members of a cooperative organization to certify the quality of service or product
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
treble damages
the property that is burdened by a profit

32. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

33. The WARN act calls for what?
cannot be tried again - no appeal
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
intent - delivery - acceptance

34. What terminates an easement?
secondary meaning
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
mistake of fact
intent - delivery - acceptance

35. What is a warranty deed?
finder after obtaining a title
sally would possess an easement in this case - the right to travel across property owner peter's land
intent - delivery - acceptance
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

36. Members of the TRIPS agreement cannot do what?
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
members cannot give nationals favorable treatment
fraudulent miss-use of funds that have been entrusted to them
hours of employment - conditions - age of workers

37. Is it a fixture?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
intent when attached and will item be damaged because of removal? hard to determine

38. In real property law who is considered to be the servient estate?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
the property that is burdened by a profit
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

39. 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
the property that will benefit from a profit
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

40. Mens Rea
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

41. Fair use is limited to?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
given exclusive possession and control over property - and knowingly accept responsibility
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
any party can terminate an employment arrangement at anytime no questions asked

42. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
ownership rights to property
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

43. What protection does the 6th amendment provide?
work for a company with more than 50 employees - employed for a year - and must try to give notice
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
race - sex - national origin - color - religion
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

44. What are the requirements for adverse possession to be recognized?
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

45. Trademark dilution
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
intent when attached and will item be damaged because of removal? hard to determine
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

46. What happens when land is sold that is growing crops?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
process of hiding the source of illegally acquired funds
obtaining ownership by living on anothers property
crops is considered to be real property and should be considered in the sale of such property.

47. Certification mark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

48. Bailments are?
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
used by members of a cooperative organization to certify the quality of service or product
property of one person rightfully in possession of another - custody

49. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
prohibits excessive bail and fines - cruel and unusual punishment
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

50. What conditions are covered by the family medical leave act?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations