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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. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
test is originality - lasts life of creator - protection is automatic
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
the right to enter onto another persons property with the intentions of removing something valuable

2. Engagement rings are considered to be?
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
conditional gifts that are only accepted upon the performance of marriage
key words of a website that are used for search engines
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

3. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

4. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
the right to enter onto another persons property with the intentions of removing something valuable
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

5. Members of the TRIPS agreement cannot do what?
10 year period renewable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
members cannot give nationals favorable treatment
can appeal - subject to new trial

6. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the corporation could have prevented such acts

7. In order to receive protection under the family medical leave act - one must?
intent when attached and will item be damaged because of removal? hard to determine
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

8. What are some criminal defenses
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
breaking into a residence with the intent of performing a felony. this is a crime against property.
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

9. How can you come to possess land through adverse possession?
allows for use of copyrighted material under certain guidelines
it is a federal crime to use the us postal service to defraud others on false pretenses
document by which title to property is passed
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes

10. Is it a fixture?
conditional gifts that are only accepted upon the performance of marriage
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
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
intent when attached and will item be damaged because of removal? hard to determine

11. Cybersquatting
intent when attached and will item be damaged because of removal? hard to determine
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

12. Mistake of fact criminal defense example

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13. Duress criminal defense
agreement permitting use of a trademark
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
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

14. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

15. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
obtaining ownership by living on anothers property

16. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
20 years from filing
allows for use of copyrighted material under certain guidelines

17. Facts to be used in the fair use standard are?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
intent when attached and will item be damaged because of removal? hard to determine

18. Triple amount of damages definition
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
treble damages
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

19. The madrid protocol accomplishes what?
fraudulent miss-use of funds that have been entrusted to them
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
streamlines and standardizes the processes for applying for a trademark abroad
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

20. Constructive bailments are?

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21. Tenancy by the entirety - or community ownership
mental state or intent part 2 of 2 for determining criminal liability
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

22. What is an implied warranty of habitability?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
this for that - sexual favors - general conduct however one incident is not enough
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

23. What is a warranty deed?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

24. Certification mark
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a deed that transfers interest in a life estate from one to another
sexual harassment is protected under title 7 because it effects genders differently in the workplace
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

25. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
birth - child placement - employee health - care for spouse - child - or parent - military duty
first person to invent not file for patent
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

26. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
novel - useful - non obvious
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
secondary meaning

27. What is the result of a mistrial or a hung jury?
used by members of a cooperative organization to certify the quality of service or product
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.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

28. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
No - but if they find any other reason - like you have been late often than you'll probably get fired
can appeal - subject to new trial
hours of employment - conditions - age of workers

29. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
process of hiding the source of illegally acquired funds
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

30. How long is a trademark protected? is it renewable
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
10 years and it is renewable
another persons right to make limited use of another persons real property without taking anything away from the property
finder after obtaining a title

31. Arrest requires
probable cause
property of one person rightfully in possession of another - custody
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

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
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.
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
first person to invent not file for patent

33. Age discrimination achieves what?
arises when customers begin to associate a specific term or phrase with specific trademarked items
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

34. Country club case
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color
given exclusive possession and control over property - and knowingly accept responsibility
conditional gifts that are only accepted upon the performance of marriage

35. Outcome of a unanimous guilty verdict?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
can appeal - subject to new trial
finder after obtaining a title

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

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37. Title VII prevents discrimination in?

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38. 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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

39. How are trade secrets treated and protected?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
finder after obtaining a title
prohibits excessive bail and fines - cruel and unusual punishment
owners of secret must try and protect - destroy garbage

40. Embezzlement
multiple owners of real or personal property
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
fraudulent miss-use of funds that have been entrusted to them
offering someone who works at a different firm money for their trade secrets

41. Example of an exception to the at will doctrine based on tort theory
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

42. Attorney client privilege accomplishes what?
document by which title to property is passed
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
owners of secret must try and protect - destroy garbage
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

43. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
obtaining ownership by living on anothers property

44. Trademark dilution
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example
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
the property that is burdened by a profit
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

45. Tenancy in common
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
finder after obtaining a title
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning

46. Fair use is limited to?
probable cause
used by members of a cooperative organization to certify the quality of service or product
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
agreement permitting use of a trademark

47. EEOC is responsible for doing what?
conditional gifts that are only accepted upon the performance of marriage
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
work for a company with more than 50 employees - employed for a year - and must try to give notice
No - they are considered to be goods and is governed by the uniform commercial code

48. Larceny
secondary meaning
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
taking property away from the owner with the intent of permanently removing them of ownership
streamlines and standardizes the processes for applying for a trademark abroad

49. What uses fall under the fair use doctrine?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
criticism - use in satire - news report - use to educate
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

50. How can someone legally acquire trade secrets?
secondary meaning
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
the property that is burdened by a profit
reverse engineer - go through garbage..