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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 madrid protocol accomplishes what?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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.
streamlines and standardizes the processes for applying for a trademark abroad

2. What is can be considered trade dress?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
distinctive decor - menu - style - service of an offering

3. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
any party can terminate an employment arrangement at anytime no questions asked

4. Derivative work
a deed that transfers interest in a life estate from one to another
sally would possess an easement in this case - the right to travel across property owner peter's land
given exclusive possession and control over property - and knowingly accept responsibility
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

5. Mail Fraud Act of 1990 is what?
voluntarily parted with at the time - but then later tries to find it
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
it is a federal crime to use the us postal service to defraud others on false pretenses
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

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

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7. Duress criminal defense
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
this for that - sexual favors - general conduct however one incident is not enough

8. Napster example?
owners of secret must try and protect - destroy garbage
birth - child placement - employee health - care for spouse - child - or parent - military duty
a deed that transfers interest in a life estate from one to another
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

9. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

10. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
classic stone corp. owns a profit in gross - and cannot transfer this right to another

11. Constructive bailments are?

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12. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
a deed that transfers interest in a life estate from one to another
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
owners of secret must try and protect - destroy garbage

13. How long is a copyright protected? for a corporation?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

14. What are strong Marks?
multiple owners of real or personal 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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

15. TRIPS agreement
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
signed by hundreds of countries that establishes standards for the international protection of intellectual property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the property that will benefit from a profit

16. Larceny
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
taking property away from the owner with the intent of permanently removing them of ownership
offering someone who works at a different firm money for their trade secrets
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

17. Example of an exception to the at will doctrine based on contract theory
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
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

18. Possible ruling interpretations for accession cases
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
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
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
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

19. Cybersquatting
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
20 years from filing

20. What terminates an easement?
allows for use of copyrighted material under certain guidelines
sufficient evidence
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
obtaining ownership by living on anothers property

21. Attorney client privilege accomplishes what?
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
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
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
process of hiding the source of illegally acquired funds

22. In order to recieve protection what must one do?
property of one person rightfully in possession of another - custody
must effectively try to acquire protection as well as keep the secret
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

23. Discrimination during the hiring process is acceptable when?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

24. Examples of collective marks
novel - useful - non obvious
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
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

25. Reverse discrimination example firefighters
only white men and 2 hispanic men past a test for who was qualified for promotion - the city through away the results in fear of being considered discriminatory
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 disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

26. In order to receive protection under the family medical leave act - one must?
ownership rights to property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
intent - delivery - acceptance
work for a company with more than 50 employees - employed for a year - and must try to give notice

27. Can you be fired for whistle blowing?

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28. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
key words of a website that are used for search engines

29. Are compilation of facts copyrightable? case example
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
distinctive decor - menu - style - service of an offering

30. How are trade secrets treated and protected?
the property that will benefit from a profit
race - sex - national origin - color - religion
birth - child placement - employee health - care for spouse - child - or parent - military duty
owners of secret must try and protect - destroy garbage

31. What is an easement by prescription?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
document by which title to property is passed

32. What is a profit under real property law?
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
cannot be tried again - no appeal
agreement permitting use of a trademark
the right to enter onto another persons property with the intentions of removing something valuable

33. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
property of one person rightfully in possession of another - custody
owner of premise where it was found - after good title is acquired
the corporation could have prevented such acts

34. What are the requirements for adverse possession to be recognized?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the corporation could have prevented such acts
multiple owners of real or personal property
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

35. What composes RICO?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
probable cause

36. In order for a disability to be legally recognized what must exist?
reverse engineer - go through garbage..
voluntarily parted with at the time - but then later tries to find it
record of such condition - being regarded as actually having a condition
used by members of a cooperative organization to certify the quality of service or product

37. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
intent when attached and will item be damaged because of removal? hard to determine
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
treble damages

38. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
property of one person rightfully in possession of another - custody

39. Engagement rings are considered to be?
record of such condition - being regarded as actually having a condition
conditional gifts that are only accepted upon the performance of marriage
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

40. What is an implied warranty of habitability?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

41. Is it a fixture?
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
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
agreement permitting use of a trademark
intent when attached and will item be damaged because of removal? hard to determine

42. 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?
multiple owners of real or personal property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

43. 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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
hours of employment - conditions - age of workers
breaking into a residence with the intent of performing a felony. this is a crime against property.

44. 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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45. Do Deeds require consideration to be valid?
No - property gifts are common
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
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

46. Sexual harassment is treated as what?
novel - useful - non obvious
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
sexual harassment is protected under title 7 because it effects genders differently in the workplace

47. 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
cannot be tried again - no appeal
10 year period renewable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

48. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
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

49. When property is found that was mislaid who owns it?
No - they are considered to be goods and is governed by the uniform commercial code
owner of premise where it was found - after good title is acquired
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
crops is considered to be real property and should be considered in the sale of such property.

50. What is the purpose of the adverse possession doctrine?
mental state or intent part 2 of 2 for determining criminal liability
it rewards citizens for putting land to good use rather than just sitting on expanses of property
birth - child placement - employee health - care for spouse - child - or parent - military duty
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game