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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.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
taking property away from the owner with the intent of permanently removing them of ownership
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

2. Derivative work
this for that - sexual favors - general conduct however one incident is not enough
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
key words of a website that are used for search engines

3. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
distinctive decor - menu - style - service of an offering
allows for use of copyrighted material under certain guidelines
mistake of fact

4. What is Actus Reus
owner of premise where it was found - after good title is acquired
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
agreement permitting use of a trademark
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

5. What are strong Marks?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
agreement permitting use of a trademark
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

6. What terminates an easement?
work for a company with more than 50 employees - employed for a year - and must try to give notice
signed by hundreds of countries that establishes standards for the international protection of intellectual property
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
another persons right to make limited use of another persons real property without taking anything away from the property

7. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
must effectively try to acquire protection as well as keep the secret
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

8. 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?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

9. Triple amount of damages definition
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
treble damages

10. Mislaid property
race - sex - national origin - color - religion
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
reverse engineer - go through garbage..
voluntarily parted with at the time - but then later tries to find it

11. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
used by members of a cooperative organization to certify the quality of service or product
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
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. How is the right to use a trademark determined?
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
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
key words of a website that are used for search engines
who has been using it first or filed for it first

13. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
property of one person rightfully in possession of another - custody
taking property away from the owner with the intent of permanently removing them of ownership

14. What kind of mistake can be used as criminal defense?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
mistake of fact
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

15. Gold club corporate criminal liability example?
distinctive decor - menu - style - service of an offering
test is originality - lasts life of creator - protection is automatic
can appeal - subject to new trial
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

16. Facts to be used in the fair use standard are?
novel - useful - non obvious
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
voluntarily parted with at the time - but then later tries to find it
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

17. Age discrimination achieves what?
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
allows for use of copyrighted material under certain guidelines
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

18. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
criminal defense stating that a crime was necessary in preventing an even greater crime
treble damages
first person to invent not file for patent

19. Money laundering
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a deed that transfers interest in a life estate from one to another
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
process of hiding the source of illegally acquired funds

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

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21. What is not copyrightable?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
test is originality - lasts life of creator - protection is automatic
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
who has been using it first or filed for it first

22. In real property law who is considered to be the servient estate?
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
the property that is burdened by a profit
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

23. When property is found who gets property when it was abondoned?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
finder after obtaining a title
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

24. Fair use doctrine
allows for use of copyrighted material under certain guidelines
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
race - sex - national origin - color - religion

25. How are trade secrets treated and protected?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
owners of secret must try and protect - destroy garbage
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
the property that is burdened by a profit

26. Mail Fraud Act of 1990 is what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
it is a federal crime to use the us postal service to defraud others on false pretenses
the property that is burdened by a profit
mental state or intent part 2 of 2 for determining criminal liability

27. How long is a trademark protected? is it renewable
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
10 years and it is renewable
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

28. Title VII protected categories?
process of hiding the source of illegally acquired funds
race - sex - national origin - color - religion
probable cause
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

29. What is an easement by implication?
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
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

30. Tenancy by the entirety - or community ownership
taking property away from the owner with the intent of permanently removing them of ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
streamlines and standardizes the processes for applying for a trademark abroad

31. 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?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
criminal defense stating that a crime was necessary in preventing an even greater crime
classic stone corp. owns a profit in gross - and cannot transfer this right to another
No - property gifts are common

32. License in trademark law?
must effectively try to acquire protection as well as keep the secret
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 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
agreement permitting use of a trademark

33. Service mark
crops is considered to be real property and should be considered in the sale of such property.
sufficient evidence
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

34. Difference between joint tenancy and tenancy in common?
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
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
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
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

35. How long is a copyright protected? for a corporation?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
the property that is burdened by a profit
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

36. Generic terms can never have?
criticism - use in satire - news report - use to educate
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
secondary meaning

37. 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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38. How can you come to possess land through adverse possession?
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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

39. What is a license considered to be in real property law?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

40. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
20 years from filing
secondary meaning
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

41. Arraignment is what?
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
given exclusive possession and control over property - and knowingly accept responsibility
entry of a plea - guilty/ not guilty
streamlines and standardizes the processes for applying for a trademark abroad

42. In order to receive protection under the family medical leave act - one must?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
work for a company with more than 50 employees - employed for a year - and must try to give notice
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
property of one person rightfully in possession of another - custody

43. The madrid protocol accomplishes what?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
streamlines and standardizes the processes for applying for a trademark abroad
the corporation could have prevented such acts
taking property away from the owner with the intent of permanently removing them of ownership

44. What composes an 'at will doctrine'
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
any party can terminate an employment arrangement at anytime no questions asked
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

45. What happens when land is sold that is growing crops?
conditional gifts that are only accepted upon the performance of marriage
secondary meaning
taking property away from the owner with the intent of permanently removing them of ownership
crops is considered to be real property and should be considered in the sale of such property.

46. What must a deed possess to be valid?

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47. In order to prove discrimination in hiring one has to prove?
used by members of a cooperative organization to certify the quality of service or product
a deed that transfers interest in a life estate from one to another
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
voluntarily parted with at the time - but then later tries to find it

48. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
No - they are considered to be goods and is governed by the uniform commercial code

49. Secondary Meaning Example frosty treats
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
who has been using it first or filed for it first
cannot be tried again - no appeal
probable cause

50. Fair labor standards act covers issues such as?
intent when attached and will item be damaged because of removal? hard to determine
streamlines and standardizes the processes for applying for a trademark abroad
hours of employment - conditions - age of workers
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright