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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. What is an easement by prescription?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
the corporation could have prevented such acts
it is a federal crime to use the us postal service to defraud others on false pretenses
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

2. Fair use doctrine
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
allows for use of copyrighted material under certain guidelines
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

3. What is an easement?
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
criticism - use in satire - news report - use to educate
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
another persons right to make limited use of another persons real property without taking anything away from the property

4. In order for a disability to be legally recognized what must exist?
first person to invent not file for patent
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
record of such condition - being regarded as actually having a condition
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

5. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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.
given exclusive possession and control over property - and knowingly accept responsibility

6. The Berne Convention
ownership rights to property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
intent - delivery - acceptance

7. What is can be considered trade dress?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
distinctive decor - menu - style - service of an offering

8. How can you come to possess land through adverse possession?
taking property away from the owner with the intent of permanently removing them of ownership
criminal defense stating that a crime was necessary in preventing an even greater crime
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
must effectively try to acquire protection as well as keep the secret

9. Workers comp and negligence
this for that - sexual favors - general conduct however one incident is not enough
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
fraudulent miss-use of funds that have been entrusted to them

10. What uses fall under the fair use doctrine?
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
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
can appeal - subject to new trial
criticism - use in satire - news report - use to educate

11. Significance of coca-cola V. koke Co of America
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
sally would possess an easement in this case - the right to travel across property owner peter's land
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

12. 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
it is a federal crime to use the us postal service to defraud others on false pretenses
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
the property that is burdened by a profit

13. Possible ruling interpretations for accession cases
reverse engineer - go through garbage..
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
hours of employment - conditions - age of workers
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 are strong Marks?
race - sex - national origin - color - religion
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
fraudulent miss-use of funds that have been entrusted to them
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

15. What is legally a disability?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a physical or mental impairment that substantially limits one or more major life activities
cannot be tried again - no appeal

16. Gold club corporate criminal liability example?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

17. Derivative work
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
probable cause

18. Sexual harassment is treated as what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
prohibits excessive bail and fines - cruel and unusual punishment
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

19. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?
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
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
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
process of hiding the source of illegally acquired funds

20. Tenancy in common
streamlines and standardizes the processes for applying for a trademark abroad
10 year period renewable
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
generally the use of a software to perform a job or deliver product

21. Title VII prevents discrimination in?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
first person to invent not file for patent
race - sex - national origin - color - religion

22. Responsible corporate officer doctrine?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
novel - useful - non obvious
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
another persons right to make limited use of another persons real property without taking anything away from the property

23. Concurrent ownership
multiple owners of real or personal property
used by members of a cooperative organization to certify the quality of service or product
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
can appeal - subject to new trial

24. Triple amount of damages definition
treble damages
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
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 year period renewable

25. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
hours of employment - conditions - age of workers
mistake of fact
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

26. The WARN act calls for what?
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
owner of premise where it was found - after good title is acquired
test is originality - lasts life of creator - protection is automatic
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

27. Mislaid property
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

28. What is a warranty deed?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
crops is considered to be real property and should be considered in the sale of such property.

29. In order to recieve protection what must one do?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a deed that transfers interest in a life estate from one to another
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
must effectively try to acquire protection as well as keep the secret

30. How can someone legally acquire trade secrets?
used by members of a cooperative organization to certify the quality of service or product
intent - delivery - acceptance
mental state or intent part 2 of 2 for determining criminal liability
reverse engineer - go through garbage..

31. What kind of mistake can be used as criminal defense?
intent - delivery - acceptance
prohibits excessive bail and fines - cruel and unusual punishment
mistake of fact
signed by hundreds of countries that establishes standards for the international protection of intellectual property

32. How are trade secrets treated and protected?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
owners of secret must try and protect - destroy garbage

33. Sambucks vs. starbucks
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
probable cause

34. Example of an exception to the at will doctrine based on contract theory
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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

35. KSR Internation V. Teleflex INC. regarding what is patentable?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
ownership rights to property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

36. What composes RICO?
who has been using it first or filed for it first
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
test is originality - lasts life of creator - protection is automatic

37. George V restauration s.a. V. Little Rest Twelve licensing case example
any party can terminate an employment arrangement at anytime no questions asked
agreement permitting use of a trademark
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
key words of a website that are used for search engines

38. Steps to determining trademark infringement?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

39. Bailments are?
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
cannot be tried again - no appeal
mental state or intent part 2 of 2 for determining criminal liability
property of one person rightfully in possession of another - custody

40. Darst V. Interstate Brands Corp. regarding family and medical leave rights
property of one person rightfully in possession of another - custody
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

41. What terminates an easement?
10 year period renewable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

42. What is not copyrightable?
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
conditional gifts that are only accepted upon the performance of marriage
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

43. Remedies for patent infringement
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the corporation could have prevented such acts
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
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

44. In order to receive protection under the family medical leave act - one must?
finder after obtaining a title
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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.
work for a company with more than 50 employees - employed for a year - and must try to give notice

45. Country club case
reverse engineer - go through garbage..
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
criticism - use in satire - news report - use to educate
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

46. In the united states who gets the patent if there is a conflict?
sufficient evidence
first person to invent not file for patent
novel - useful - non obvious
signed by hundreds of countries that establishes standards for the international protection of intellectual property

47. EEOC is responsible for doing what?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

48. Larceny
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
taking property away from the owner with the intent of permanently removing them of ownership
sufficient evidence

49. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
10 year period renewable
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
obtaining ownership by living on anothers property

50. Trademark dilution
cannot be tried again - no appeal
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
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

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