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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. Necessity defense
mistake of fact
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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

2. How can you come to possess land through adverse possession?
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
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
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

3. What is a Deed
document by which title to property is passed
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
No - but if they find any other reason - like you have been late often than you'll probably get fired

4. Indictment requires
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
sufficient evidence
agreement permitting use of a trademark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

5. Significance of coca-cola V. koke Co of America
the property that will benefit from a profit
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

6. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
process of hiding the source of illegally acquired funds

7. Trademark dilution
No - but if they find any other reason - like you have been late often than you'll probably get fired
owners of secret must try and protect - destroy garbage
offering someone who works at a different firm money for their trade secrets
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example

8. Business process patents involve?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
generally the use of a software to perform a job or deliver product
the property that is burdened by a profit
novel - useful - non obvious

9. Employers should handle hostile environments regarding protected members of title 7 by?
criticism - use in satire - news report - use to educate
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

10. Outcome of a unanimous guilty verdict?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
streamlines and standardizes the processes for applying for a trademark abroad
can appeal - subject to new trial

11. The WARN act calls for what?
No - they are considered to be goods and is governed by the uniform commercial code
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
record of such condition - being regarded as actually having a condition
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

12. What is protected expression?
criminal defense stating that a crime was necessary in preventing an even greater crime
given exclusive possession and control over property - and knowingly accept responsibility
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

13. What is an easement by prescription?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
record of such condition - being regarded as actually having a condition

14. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
who has been using it first or filed for it first
owners of secret must try and protect - destroy garbage

15. Fair use doctrine
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
intent when attached and will item be damaged because of removal? hard to determine
allows for use of copyrighted material under certain guidelines
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

16. Strong Marks Case Example

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17. Remedies for patent infringement
sufficient evidence
the property that will benefit from a profit
prohibits excessive bail and fines - cruel and unusual punishment
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

18. When property is found that was mislaid who owns it?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
owner of premise where it was found - after good title is acquired
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

19. Meta tags
20 years from filing
key words of a website that are used for search engines
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

20. What must a deed possess to be valid?

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21. Derivative work
owner of premise where it was found - after good title is acquired
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

22. Drake V. Walton County regarding the county taking property
arises when customers begin to associate a specific term or phrase with specific trademarked items
owner of premise where it was found - after good title is acquired
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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.

23. 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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
entry of a plea - guilty/ not guilty
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

24. What is can be considered trade dress?
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
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
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
distinctive decor - menu - style - service of an offering

25. 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
reverse engineer - go through garbage..
process of hiding the source of illegally acquired funds

26. What could be considered as sexual harassment in the work place
record of such condition - being regarded as actually having a condition
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
10 years and it is renewable
this for that - sexual favors - general conduct however one incident is not enough

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

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28. Purpose of criminal penalties?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
criticism - use in satire - news report - use to educate
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
No - they are considered to be goods and is governed by the uniform commercial code

29. Concurrent ownership
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
multiple owners of real or personal property
obtaining ownership by living on anothers property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

30. Difference between joint tenancy and tenancy in common?
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
sally would possess an easement in this case - the right to travel across property owner peter's land
birth - child placement - employee health - care for spouse - child - or parent - military duty
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

31. When property is found who gets property when it was abondoned?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
finder after obtaining a title

32. What is the determining issue when proving entrapment?
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
sufficient evidence
classic stone corp. owns a profit in gross - and cannot transfer this right to another
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

33. Determining disability regarding with and without equipment?
owner of premise where it was found - after good title is acquired
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 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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

34. Reverse discrimination example firefighters
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

35. Are commercial flights permitted to fly over private property?
secondary meaning
intent - delivery - acceptance
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

36. Do Deeds require consideration to be valid?
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
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
conditional gifts that are only accepted upon the performance of marriage
No - property gifts are common

37. Adverse possession
first person to invent not file for patent
race - sex - national origin - color - religion
criminal defense stating that a crime was necessary in preventing an even greater crime
obtaining ownership by living on anothers property

38. What are some criminal defenses
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
finder after obtaining a title
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

39. Commercial bribery example
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
offering someone who works at a different firm money for their trade secrets
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

40. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
streamlines and standardizes the processes for applying for a trademark abroad

41. Fair use is limited to?
secondary meaning
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
owners of secret must try and protect - destroy garbage

42. How long is a trademark protected? is it renewable
10 years and it is renewable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

43. Are compilation of facts copyrightable? case example
secondary meaning
arises when customers begin to associate a specific term or phrase with specific trademarked items
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
novel - useful - non obvious

44. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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.
sufficient evidence

45. 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
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
property of one person rightfully in possession of another - custody
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

46. In order for a disability to be legally recognized what must exist?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
record of such condition - being regarded as actually having a condition
conditional gifts that are only accepted upon the performance of marriage
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

47. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
classic stone corp. owns a profit in gross - and cannot transfer this right to another
who has been using it first or filed for it first

48. What happens when land is sold that is growing crops?
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
20 years from filing
voluntarily parted with at the time - but then later tries to find it
crops is considered to be real property and should be considered in the sale of such property.

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

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50. Money laundering
process of hiding the source of illegally acquired funds
it is a federal crime to use the us postal service to defraud others on false pretenses
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the right to enter onto another persons property with the intentions of removing something valuable