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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. Are commercial flights permitted to fly over private property?
sally would possess an easement in this case - the right to travel across property owner peter's land
given exclusive possession and control over property - and knowingly accept responsibility
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
can appeal - subject to new trial

2. Trademark dilution
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
secondary meaning

3. Mail fraud act example senator?
arises when customers begin to associate a specific term or phrase with specific trademarked items
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
prohibits excessive bail and fines - cruel and unusual punishment

4. Are compilation of facts copyrightable? case example
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
No - but if they find any other reason - like you have been late often than you'll probably get fired
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

5. Sambucks vs. starbucks
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
reverse engineer - go through garbage..
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

6. Can you be fired for whistle blowing?

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7. Larceny
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
taking property away from the owner with the intent of permanently removing them of ownership

8. What is a license considered to be in real property law?
key words of a website that are used for search engines
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
given exclusive possession and control over property - and knowingly accept responsibility

9. Bailments are?
this for that - sexual favors - general conduct however one incident is not enough
property of one person rightfully in possession of another - custody
prohibits excessive bail and fines - cruel and unusual punishment
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

10. 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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
intent when attached and will item be damaged because of removal? hard to determine

11. The EEOC requires that victims do what before they hold employers liable?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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

12. Title VII protected categories?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
race - sex - national origin - color - religion
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

13. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
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
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

14. Meta tags
key words of a website that are used for search engines
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

15. In real property law who is considered to be the servient estate?
fraudulent miss-use of funds that have been entrusted to them
the property that is burdened by a profit
intent when attached and will item be damaged because of removal? hard to determine
another persons right to make limited use of another persons real property without taking anything away from the property

16. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the property that is burdened by a profit
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

17. What protection does the 6th amendment provide?
obtaining ownership by living on anothers property
allows for use of copyrighted material under certain guidelines
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

18. What is an easement by implication?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a physical or mental impairment that substantially limits one or more major life activities
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

19. Age discrimination achieves what?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
signed by hundreds of countries that establishes standards for the international protection of intellectual property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

20. Indictment requires
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
sufficient evidence
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
owners of secret must try and protect - destroy garbage

21. Duress criminal defense
No - they are considered to be goods and is governed by the uniform commercial code
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a deed that transfers interest in a life estate from one to another
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

22. 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
the corporation could have prevented such acts
obtaining ownership by living on anothers property

23. Example of how an idea can be inseparable from its expression

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24. Derivative work
No - property gifts are common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
it rewards citizens for putting land to good use rather than just sitting on expanses of property

25. How long is a copyright protected? for a corporation?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
mental state or intent part 2 of 2 for determining criminal liability
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

26. Meta tag example about terri welles
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
can appeal - subject to new trial

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

28. 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?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
treble damages

29. Outcome of a unanimous guilty verdict?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
can appeal - subject to new trial

30. Attorney client privilege accomplishes what?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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
offering someone who works at a different firm money for their trade secrets

31. Arraignment is what?
entry of a plea - guilty/ not guilty
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

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

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33. Patent Requirements
mistake of fact
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.
breaking into a residence with the intent of performing a felony. this is a crime against property.
novel - useful - non obvious

34. What are the requirements for adverse possession to be recognized?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
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
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

35. Is it a fixture?
obtaining ownership by living on anothers property
mental state or intent part 2 of 2 for determining criminal liability
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
intent when attached and will item be damaged because of removal? hard to determine

36. What is secondary meaning?
criminal defense stating that a crime was necessary in preventing an even greater crime
arises when customers begin to associate a specific term or phrase with specific trademarked items
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

37. Steps to determining trademark infringement?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
intent - delivery - acceptance
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

38. What could be considered as sexual harassment in the work place
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
this for that - sexual favors - general conduct however one incident is not enough
document by which title to property is passed

39. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
sufficient evidence
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

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

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41. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

42. What is protected expression?
cannot be tried again - no appeal
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
record of such condition - being regarded as actually having a condition
work for a company with more than 50 employees - employed for a year - and must try to give notice

43. How is the right to use a trademark determined?
multiple owners of real or personal property
who has been using it first or filed for it first
owner of premise where it was found - after good title is acquired
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

44. What composes RICO?
the right to enter onto another persons property with the intentions of removing something valuable
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

45. Engagement rings are considered to be?
mistake of fact
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
conditional gifts that are only accepted upon the performance of marriage
a deed that transfers interest in a life estate from one to another

46. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
taking property away from the owner with the intent of permanently removing them of 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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

47. Determining disability regarding with and without equipment?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
entry of a plea - guilty/ not guilty
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

48. How can you come to possess land through adverse possession?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
race - sex - national origin - color - religion

49. What are some criminal defenses
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
the property that is burdened by a profit
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

50. What determines likeliness of confusion?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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