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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. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

2. Mistake of fact criminal defense example

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3. Concurrent ownership
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
race - sex - national origin - color - religion
key words of a website that are used for search engines
multiple owners of real or personal property

4. Joint tenancy
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

5. Service mark
first person to invent not file for patent
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

6. How are trade secrets treated and protected?
secondary meaning
owners of secret must try and protect - destroy garbage
generally the use of a software to perform a job or deliver product
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

7. The EEOC requires that victims do what before they hold employers liable?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace

8. Money laundering
process of hiding the source of illegally acquired funds
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
No - property gifts are common

9. Steps to determining trademark infringement?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
obtaining ownership by living on anothers property
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
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

10. Generic terms can never have?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
first person to invent not file for patent
ownership rights to property
secondary meaning

11. Requirements of a bailement
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
given exclusive possession and control over property - and knowingly accept responsibility
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
who has been using it first or filed for it first

12. Do Deeds require consideration to be valid?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
owner of premise where it was found - after good title is acquired
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
No - property gifts are common

13. Title VII prevents discrimination in?

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14. What are the requirements for adverse possession to be recognized?
first person to invent not file for patent
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

15. Fair use is limited to?
must effectively try to acquire protection as well as keep the secret
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
birth - child placement - employee health - care for spouse - child - or parent - military duty

16. Can you be fired for whistle blowing?

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17. Members of the TRIPS agreement cannot do what?
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
members cannot give nationals favorable treatment
ownership rights to property
entry of a plea - guilty/ not guilty

18. Duress criminal defense
owners of secret must try and protect - destroy garbage
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
allows for use of copyrighted material under certain guidelines
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

19. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

20. What is a Deed
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
document by which title to property is passed
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

21. In order to recieve protection what must one do?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
first person to invent not file for patent
must effectively try to acquire protection as well as keep the secret

22. The madrid protocol accomplishes what?
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
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
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

23. What protection does the 6th amendment provide?
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
a warranty that the buyer will not be disturbed in their possession of the land
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

24. How can someone legally acquire trade secrets?
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
taking property away from the owner with the intent of permanently removing them of ownership
owner of premise where it was found - after good title is acquired
reverse engineer - go through garbage..

25. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
crops is considered to be real property and should be considered in the sale of such property.
fraudulent miss-use of funds that have been entrusted to them
any party can terminate an employment arrangement at anytime no questions asked

26. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
it is a federal crime to use the us postal service to defraud others on false pretenses
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

27. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
finder after obtaining a title
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

28. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
can appeal - subject to new trial

29. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
arises when customers begin to associate a specific term or phrase with specific trademarked items

30. In real property law who is considered to be the dominant estate?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
allows for use of copyrighted material under certain guidelines
treble damages
the property that will benefit from a profit

31. 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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
fraudulent miss-use of funds that have been entrusted to them

32. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
key words of a website that are used for search engines
voluntarily parted with at the time - but then later tries to find it
this for that - sexual favors - general conduct however one incident is not enough

33. Bailments are?
property of one person rightfully in possession of another - custody
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
the property that will benefit from a profit
voluntarily parted with at the time - but then later tries to find it

34. What is protected expression?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
the property that will benefit from a profit
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

35. Are commercial flights permitted to fly over private property?
criticism - use in satire - news report - use to educate
sally would possess an easement in this case - the right to travel across property owner peter's land
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

36. Employers should handle hostile environments regarding protected members of title 7 by?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
generally the use of a software to perform a job or deliver product
given exclusive possession and control over property - and knowingly accept responsibility
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

37. Collective mark
used by members of a cooperative organization to certify the quality of service or product
the corporation could have prevented such acts
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

38. When property is found that was mislaid who owns it?
10 years and it is renewable
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
owner of premise where it was found - after good title is acquired

39. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
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
taking property away from the owner with the intent of permanently removing them of ownership
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

40. Meta tag example about terri welles
intent - delivery - acceptance
crops is considered to be real property and should be considered in the sale of such property.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

41. Darst V. Interstate Brands Corp. regarding family and medical leave rights
given exclusive possession and control over property - and knowingly accept responsibility
must effectively try to acquire protection as well as keep the secret
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
treble damages

42. What conditions are covered by the family medical leave act?
prohibits excessive bail and fines - cruel and unusual punishment
a prohibited act. performance of such act is 1 part 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
birth - child placement - employee health - care for spouse - child - or parent - military duty

43. Napster example?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
arises when customers begin to associate a specific term or phrase with specific trademarked items

44. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
a prohibited act. performance of such act is 1 part 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
it is a federal crime to use the us postal service to defraud others on false pretenses

45. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
No - they are considered to be goods and is governed by the uniform commercial code
a physical or mental impairment that substantially limits one or more major life activities
10 year period renewable

46. Engagement rings are considered to be?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
conditional gifts that are only accepted upon the performance of marriage

47. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the property that is burdened by a profit
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

48. Discrimination during the hiring process is acceptable when?
can appeal - subject to new trial
this for that - sexual favors - general conduct however one incident is not enough
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
first person to invent not file for patent

49. Mens Rea
another persons right to make limited use of another persons real property without taking anything away from the property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
test is originality - lasts life of creator - protection is automatic
mental state or intent part 2 of 2 for determining criminal liability

50. 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.
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
a warranty that the buyer will not be disturbed in their possession of the land
another persons right to make limited use of another persons real property without taking anything away from the property