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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. Roman Catholic Church V. Prince Reality Management regarding a license?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the corporation could have prevented such acts
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

2. What is Actus Reus
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

3. What kind of mistake can be used as criminal defense?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
mistake of fact

4. What composes an 'at will doctrine'
crops is considered to be real property and should be considered in the sale of such property.
any party can terminate an employment arrangement at anytime no questions asked
given exclusive possession and control over property - and knowingly accept responsibility
the property that is burdened by a profit

5. What determines likeliness of confusion?
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
conditional gifts that are only accepted upon the performance of marriage
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

6. Mislaid property
obtaining ownership by living on anothers property
10 year period renewable
it rewards citizens for putting land to good use rather than just sitting on expanses of property
voluntarily parted with at the time - but then later tries to find it

7. Business process patents involve?
allows for use of copyrighted material under certain guidelines
generally the use of a software to perform a job or deliver product
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
it is a federal crime to use the us postal service to defraud others on false pretenses

8. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
conditional gifts that are only accepted upon the performance of marriage
20 years from filing

9. How long is a trademark protected? is it renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property
10 years and it is renewable
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

10. Facts to be used in the fair use standard are?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
reverse engineer - go through garbage..
classic stone corp. owns a profit in gross - and cannot transfer this right to another

11. Larceny
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
10 years and it is renewable
allows for use of copyrighted material under certain guidelines
taking property away from the owner with the intent of permanently removing them of ownership

12. License in trademark law?
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
agreement permitting use of a trademark
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

13. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
secondary meaning
the right to enter onto another persons property with the intentions of removing something valuable
agreement permitting use of a trademark

14. Arraignment is what?
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
entry of a plea - guilty/ not guilty
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

15. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
obtaining ownership by living on anothers property
who has been using it first or filed for it first
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

16. What are strong Marks?
distinctive decor - menu - style - service of an offering
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
a deed that transfers interest in a life estate from one to another
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

17. How is the right to use a trademark determined?
a deed that transfers interest in a life estate from one to another
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
criticism - use in satire - news report - use to educate
who has been using it first or filed for it first

18. Counterfeiting example? regarding punishment
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
novel - useful - non obvious
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
key words of a website that are used for search engines

19. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

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

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21. What is a covenant of quiet enjoyment?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
a warranty that the buyer will not be disturbed in their possession of the land
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

22. What is can be considered trade dress?
race - sex - national origin - color - religion
distinctive decor - menu - style - service of an offering
the right to enter onto another persons property with the intentions of removing something valuable
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

23. What is an easement by prescription?
agreement permitting use of a trademark
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

24. Duress criminal defense
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
offering someone who works at a different firm money for their trade secrets
probable cause
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

25. What is a warranty deed?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
treble damages

26. Are compilation of facts copyrightable? case example
crops is considered to be real property and should be considered in the sale of such property.
obtaining ownership by living on anothers property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

27. Examples of collective marks
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
fraudulent miss-use of funds that have been entrusted to them
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

28. Dominion
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
allows for use of copyrighted material under certain guidelines
ownership rights to property
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

29. Generic terms can never have?
secondary meaning
used by members of a cooperative organization to certify the quality of service or product
arises when customers begin to associate a specific term or phrase with specific trademarked items
mistake of fact

30. Patents allow for the owner to?
fraudulent miss-use of funds that have been entrusted to them
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
classic stone corp. owns a profit in gross - and cannot transfer this right to another
a deed that transfers interest in a life estate from one to another

31. The EEOC requires that victims do what before they hold employers liable?
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

32. Candyland example?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

33. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
this for that - sexual favors - general conduct however one incident is not enough
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
first person to invent not file for patent

34. Joint tenancy
probable cause
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
another persons right to make limited use of another persons real property without taking anything away from the property

35. What is a conveyance?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
a deed that transfers interest in a life estate from one to another

36. Outcome of a unanimous guilty verdict?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
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
can appeal - subject to new trial

37. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
process of hiding the source of illegally acquired funds
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
mental state or intent part 2 of 2 for determining criminal liability

38. What is the result of a mistrial or a hung jury?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
the right to enter onto another persons property with the intentions of removing something valuable
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

39. Tenancy by the entirety - or community 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
intent - delivery - acceptance
multiple owners of real or personal property

40. In order for a disability to be legally recognized what must exist?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
birth - child placement - employee health - care for spouse - child - or parent - military duty
record of such condition - being regarded as actually having a condition
10 year period renewable

41. What is not copyrightable?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
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
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

42. What is legally a disability?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
a physical or mental impairment that substantially limits one or more major life activities
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

43. Tenancy in common
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

44. Age discrimination achieves what?
finder after obtaining a title
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

45. Outcome of unanimous not guilty?
test is originality - lasts life of creator - protection is automatic
cannot be tried again - no appeal
property of one person rightfully in possession of another - custody
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

46. Members of the TRIPS agreement cannot do what?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
members cannot give nationals favorable treatment
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

47. Purpose of criminal penalties?
used by members of a cooperative organization to certify the quality of service or product
No - they are considered to be goods and is governed by the uniform commercial code
signed by hundreds of countries that establishes standards for the international protection of intellectual property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

48. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
the corporation could have prevented such acts
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

49. Reverse discrimination example firefighters
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
multiple owners of real or personal property

50. Money laundering
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
process of hiding the source of illegally acquired funds
document by which title to property is passed
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