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Business Law Yale

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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. Robbery
the right to enter onto another persons property with the intentions of removing something valuable
this for that - sexual favors - general conduct however one incident is not enough
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

2. What is an easement by implication?
probable cause
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
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
10 year period renewable

3. Facts to be used in the fair use standard are?
a warranty that the buyer will not be disturbed in their possession of the land
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
entry of a plea - guilty/ not guilty
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

4. What uses fall under the fair use doctrine?
test is originality - lasts life of creator - protection is automatic
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.
criticism - use in satire - news report - use to educate
offering someone who works at a different firm money for their trade secrets

5. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
criminal defense stating that a crime was necessary in preventing an even greater crime
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

6. In real property law who is considered to be the servient estate?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the property that is burdened by a profit

7. What protection does the 8th amendment provide?
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
prohibits excessive bail and fines - cruel and unusual punishment

8. What is a conveyance?
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 deed that transfers interest in a life estate from one to another
secondary meaning
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

9. In order for a disability to be legally recognized what must exist?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
record of such condition - being regarded as actually having a condition
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

10. What is a warranty deed?
cannot be tried again - no appeal
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
distinctive decor - menu - style - service of an offering
the corporation could have prevented such acts

11. The Berne Convention
cannot be tried again - no appeal
fraudulent miss-use of funds that have been entrusted to them
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

12. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

13. What conditions are covered by the family medical leave act?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
sufficient evidence
birth - child placement - employee health - care for spouse - child - or parent - military duty
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

14. Trademarks are good for? are they renewable
10 year period renewable
mental state or intent part 2 of 2 for determining criminal liability
novel - useful - non obvious
reverse engineer - go through garbage..

15. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
criticism - use in satire - news report - use to educate
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

16. Money laundering
process of hiding the source of illegally acquired funds
agreement permitting use of a 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.
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

17. Counterfeiting example? regarding punishment
this for that - sexual favors - general conduct however one incident is not enough
conditional gifts that are only accepted upon the performance of marriage
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
mental state or intent part 2 of 2 for determining criminal liability

18. What is a profit under real property law?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
the right to enter onto another persons property with the intentions of removing something valuable
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

19. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
it is a federal crime to use the us postal service to defraud others on false pretenses
streamlines and standardizes the processes for applying for a trademark abroad
given exclusive possession and control over property - and knowingly accept responsibility

20. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

21. 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?
it is a federal crime to use the us postal service to defraud others on false pretenses
must effectively try to acquire protection as well as keep the secret
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
classic stone corp. owns a profit in gross - and cannot transfer this right to another

22. What is a Deed
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
given exclusive possession and control over property - and knowingly accept responsibility
key words of a website that are used for search engines
document by which title to property is passed

23. Joint tenancy
No - they are considered to be goods and is governed by the uniform commercial code
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
treble damages

24. Outcome of unanimous not guilty?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
cannot be tried again - no appeal

25. What is legally a disability?
mistake of fact
a physical or mental impairment that substantially limits one or more major life activities
fraudulent miss-use of funds that have been entrusted to them
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

26. Necessity defense
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
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
criminal defense stating that a crime was necessary in preventing an even greater crime

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

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28. 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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

29. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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

30. When property is found that was mislaid who owns it?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
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
owner of premise where it was found - after good title is acquired

31. What is protected expression?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
sally would possess an easement in this case - the right to travel across property owner peter's land

32. Requirements of a bailement
taking property away from the owner with the intent of permanently removing them of ownership
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
given exclusive possession and control over property - and knowingly accept responsibility
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. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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34. 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?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

35. Are compilation of facts copyrightable? case example
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
treble damages
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
mistake of fact

36. Sexual harassment is treated as what?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

37. When property is found who gets property when it was abondoned?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
finder after obtaining a title
streamlines and standardizes the processes for applying for a trademark abroad

38. Service mark
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 the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the right to enter onto another persons property with the intentions of removing something valuable
conditional gifts that are only accepted upon the performance of marriage

39. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

40. Certification mark
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.
secondary meaning
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

41. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

42. Estray statutes encourage what?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
sufficient evidence
finder after obtaining a title

43. Outcome of a unanimous guilty verdict?
any party can terminate an employment arrangement at anytime no questions asked
can appeal - subject to new trial
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

44. Are commercial flights permitted to fly over private property?
voluntarily parted with at the time - but then later tries to find it
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
novel - useful - non obvious
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

45. What composes RICO?
a warranty that the buyer will not be disturbed in their possession of the land
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
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
owner of premise where it was found - after good title is acquired

46. Roman Catholic Church V. Prince Reality Management regarding a license?
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
criticism - use in satire - news report - use to educate
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

47. Determining disability regarding with and without equipment?
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
It 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

48. Tenancy by the entirety - or community 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
No - but if they find any other reason - like you have been late often than you'll probably get fired
the right to enter onto another persons property with the intentions of removing something valuable

49. What is not copyrightable?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
novel - useful - non obvious

50. Drake V. Walton County regarding the county taking property
probable cause
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
offering someone who works at a different firm money for their trade secrets

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