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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. What is a license considered to be in real property law?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

2. What is the determining issue when proving entrapment?
20 years from filing
offering someone who works at a different firm money for their trade secrets
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
the right to enter onto another persons property with the intentions of removing something valuable

3. Drake V. Walton County regarding the county taking property
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
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.
ownership rights to property
treble damages

4. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
sufficient evidence
race - sex - national origin - color - religion
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

5. Dominion
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
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
ownership rights to property
document by which title to property is passed

6. Money laundering
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
process of hiding the source of illegally acquired funds
voluntarily parted with at the time - but then later tries to find it

7. Joint tenancy
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
secondary meaning

8. What uses fall under the fair use doctrine?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
key words of a website that are used for search engines
criticism - use in satire - news report - use to educate

9. In order to recieve protection what must one do?
hours of employment - conditions - age of workers
mental state or intent part 2 of 2 for determining criminal liability
must effectively try to acquire protection as well as keep the secret
crops is considered to be real property and should be considered in the sale of such property.

10. Responsible corporate officer doctrine?
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
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

11. Employers should handle hostile environments regarding protected members of title 7 by?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
ownership rights to property
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

12. Adverse possession
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
obtaining ownership by living on anothers property
No - property gifts are common
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

13. Estray statutes encourage what?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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.
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
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

14. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

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

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

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17. In order to prove discrimination in hiring one has to prove?
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
multiple owners of real or personal property
distinctive decor - menu - style - service of an offering
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

18. Country club case
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

19. 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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20. The madrid protocol accomplishes what?
property of one person rightfully in possession of another - custody
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
streamlines and standardizes the processes for applying for a trademark abroad
10 year period renewable

21. What is secondary meaning?
10 year period renewable
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
No - but if they find any other reason - like you have been late often than you'll probably get fired
arises when customers begin to associate a specific term or phrase with specific trademarked items

22. Generic terms can never have?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
secondary meaning
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
race - sex - national origin - color - religion

23. TRIPS agreement
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
signed by hundreds of countries that establishes standards for the international protection of intellectual property
sufficient evidence
breaking into a residence with the intent of performing a felony. this is a crime against property.

24. What is the difference between real and personal property?
test is originality - lasts life of creator - protection is automatic
who has been using it first or filed for it first
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

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

26. Mens Rea
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
treble damages
mental state or intent part 2 of 2 for determining criminal liability
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

27. License in trademark law?
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.
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
multiple owners of real or personal property
agreement permitting use of a trademark

28. What are some criminal defenses
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
arises when customers begin to associate a specific term or phrase with specific trademarked items
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

29. Mail fraud act example senator?
distinctive decor - menu - style - service of an offering
ownership rights to property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
prohibits excessive bail and fines - cruel and unusual punishment

30. Requirements of a bailement
members cannot give nationals favorable treatment
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a deed that transfers interest in a life estate from one to another
given exclusive possession and control over property - and knowingly accept responsibility

31. What is not copyrightable?
generally the use of a software to perform a job or deliver product
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
this for that - sexual favors - general conduct however one incident is not enough
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

32. Purpose of criminal penalties?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

33. Are commercial flights permitted to fly over private property?
a warranty that the buyer will not be disturbed in their possession of the land
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

34. Patents allow for the owner to?
used by members of a cooperative organization to certify the quality of service or product
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
intent - delivery - acceptance

35. Facts to be used in the fair use standard are?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
this for that - sexual favors - general conduct however one incident is not enough
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

36. What protection does the 6th amendment provide?
must effectively try to acquire protection as well as keep the secret
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

37. What is an easement by implication?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

38. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
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
key words of a website that are used for search engines
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

39. Meta tags
key words of a website that are used for search engines
prohibits excessive bail and fines - cruel and unusual punishment
probable cause
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

40. Can you be fired for whistle blowing?

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41. Trademarks are good for? are they renewable
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
obtaining ownership by living on anothers property
members cannot give nationals favorable treatment
10 year period renewable

42. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
mental state or intent part 2 of 2 for determining criminal liability
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

43. What is can be considered trade dress?
reverse engineer - go through garbage..
document by which title to property is passed
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
distinctive decor - menu - style - service of an offering

44. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

45. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
a warranty that the buyer will not be disturbed in their possession of the land
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
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

46. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
another persons right to make limited use of another persons real property without taking anything away from the property
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

47. Discrimination during the hiring process is acceptable when?
race - sex - national origin - color - religion
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

48. Age discrimination achieves what?
joint tenancy results in the ownership of property after the partner dies - a joint tenancy becomes a tenancy in common upon one party selling their stake
any party can terminate an employment arrangement at anytime no questions asked
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a physical or mental impairment that substantially limits one or more major life activities

49. Napster example?
No - they are considered to be goods and is governed by the uniform commercial code
test is originality - lasts life of creator - protection is automatic
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

50. Cybersquatting
streamlines and standardizes the processes for applying for a trademark abroad
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel