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Business Law Yale

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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. Arraignment is what?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
it is a federal crime to use the us postal service to defraud others on false pretenses
entry of a plea - guilty/ not guilty

2. Determining disability regarding with and without equipment?
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
first person to invent not file for patent
owner of premise where it was found - after good title is acquired

3. What is a conveyance?
intent when attached and will item be damaged because of removal? hard to determine
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a deed that transfers interest in a life estate from one to another

4. Copyright requirements
test is originality - lasts life of creator - protection is automatic
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
criticism - use in satire - news report - use to educate
breaking into a residence with the intent of performing a felony. this is a crime against property.

5. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
finder after obtaining a title
streamlines and standardizes the processes for applying for a trademark abroad
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

6. 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
criminal defense stating that a crime was necessary in preventing an even greater crime
criticism - use in satire - news report - use to educate
obtaining ownership by living on anothers property

7. What is a warranty deed?
any party can terminate an employment arrangement at anytime no questions asked
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
mental state or intent part 2 of 2 for determining criminal liability
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

8. What could be considered as sexual harassment in the work place
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
this for that - sexual favors - general conduct however one incident is not enough
hours of employment - conditions - age of workers

9. Adverse possession
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
voluntarily parted with at the time - but then later tries to find it
obtaining ownership by living on anothers property

10. Mail fraud act example senator?
No - they are considered to be goods and is governed by the uniform commercial code
a deed that transfers interest in a life estate from one to another
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

11. License in trademark law?
agreement permitting use of a trademark
No - but if they find any other reason - like you have been late often than you'll probably get fired
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

12. How can you come to possess land through adverse possession?
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
owners of secret must try and protect - destroy garbage
intent - delivery - acceptance

13. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
members cannot give nationals favorable treatment
ownership rights to property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

14. In real property law who is considered to be the servient estate?
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 is burdened by a profit
the corporation could have prevented such acts
breaking into a residence with the intent of performing a felony. this is a crime against property.

15. Patents allow for the owner to?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

16. Concurrent ownership
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
it is a federal crime to use the us postal service to defraud others on false pretenses
multiple owners of real or personal property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

17. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
sally would possess an easement in this case - the right to travel across property owner peter's land
criticism - use in satire - news report - use to educate
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

18. What composes RICO?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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

19. What kind of mistake can be used as criminal defense?
conditional gifts that are only accepted upon the performance of marriage
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
the property that will benefit from a profit
mistake of fact

20. TRIPS agreement
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

21. What is an implied warranty of habitability?
intent - delivery - acceptance
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
owners of secret must try and protect - destroy garbage
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

22. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
key words of a website that are used for search engines
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

23. What is protected expression?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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.
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

24. How are trade secrets treated and protected?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
owners of secret must try and protect - destroy garbage
a deed that transfers interest in a life estate from one to another
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

25. Discrimination during the hiring process is acceptable when?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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

26. Darst V. Interstate Brands Corp. regarding family and medical leave rights
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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

27. Robbery
distinctive decor - menu - style - service of an offering
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

28. Triple amount of damages definition
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
treble damages
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

29. What is a license considered to be in real property law?
novel - useful - non obvious
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
this for that - sexual favors - general conduct however one incident is not enough

30. Trademarks are good for? are they renewable
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
used by members of a cooperative organization to certify the quality of service or product
10 year period renewable
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

31. Responsible corporate officer doctrine?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
signed by hundreds of countries that establishes standards for the international protection of intellectual property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

32. Title VII prevents discrimination in?

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33. Engagement rings are considered to be?
finder after obtaining a title
conditional gifts that are only accepted upon the performance of marriage
key words of a website that are used for search engines
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

34. Country club case
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
secondary meaning
another persons right to make limited use of another persons real property without taking anything away from the property
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

35. Joint tenancy
cannot be tried again - no appeal
process of hiding the source of illegally acquired funds
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
criminal defense stating that a crime was necessary in preventing an even greater crime

36. What composes an 'at will doctrine'
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
classic stone corp. owns a profit in gross - and cannot transfer this right to another
any party can terminate an employment arrangement at anytime no questions asked
criticism - use in satire - news report - use to educate

37. Drake V. Walton County regarding the county taking property
it is a federal crime to use the us postal service to defraud others on false pretenses
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
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.
10 years and it is renewable

38. Workers comp and negligence

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39. Derivative work
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
sally would possess an easement in this case - the right to travel across property owner peter's land

40. Fair labor standards act covers issues such as?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
probable cause
hours of employment - conditions - age of workers
sexual harassment is protected under title 7 because it effects genders differently in the workplace

41. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
owners of secret must try and protect - destroy garbage

42. Reasonable accommodation requirements by the ADA
used by members of a cooperative organization to certify the quality of service or product
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
key words of a website that are used for search engines

43. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
generally the use of a software to perform a job or deliver product
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

44. What is not copyrightable?
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
intent - delivery - acceptance
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

45. Remedies for patent infringement
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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

46. Collective mark
used by members of a cooperative organization to certify the quality of service or product
mental state or intent part 2 of 2 for determining criminal liability
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

47. Burglary
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
breaking into a residence with the intent of performing a felony. this is a crime against property.
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

48. In order to receive protection under the family medical leave act - one must?
test is originality - lasts life of creator - protection is automatic
No - but if they find any other reason - like you have been late often than you'll probably get fired
work for a company with more than 50 employees - employed for a year - and must try to give notice
novel - useful - non obvious

49. What is a covenant of quiet enjoyment?
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+
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

50. Possible ruling interpretations for accession cases
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the 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
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
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

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