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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. In order for a disability to be legally recognized what must exist?
novel - useful - non obvious
it is a federal crime to use the us postal service to defraud others on false pretenses
record of such condition - being regarded as actually having a condition
prohibits excessive bail and fines - cruel and unusual punishment

2. Steps to determining trademark infringement?
10 years and it is renewable
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
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
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

3. What protection does the 8th amendment provide?
owners of secret must try and protect - destroy garbage
obtaining ownership by living on anothers property
prohibits excessive bail and fines - cruel and unusual punishment
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

4. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
allows for use of copyrighted material under certain guidelines

5. Significance of coca-cola V. koke Co of America
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
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
the property that will benefit from a profit

6. 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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
agreement permitting use of a trademark

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

8. What is can be considered trade dress?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
test is originality - lasts life of creator - protection is automatic
prohibits excessive bail and fines - cruel and unusual punishment
distinctive decor - menu - style - service of an offering

9. What are the requirements for making a gift an effective transfer of ownership?
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
streamlines and standardizes the processes for applying for a trademark abroad
generally the use of a software to perform a job or deliver product
intent - delivery - acceptance

10. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
No - property gifts are common
entry of a plea - guilty/ not guilty

11. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
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
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
can appeal - subject to new trial

12. Patent Requirements
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
streamlines and standardizes the processes for applying for a trademark abroad
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

13. What uses fall under the fair use doctrine?
another persons right to make limited use of another persons real property without taking anything away from the property
criticism - use in satire - news report - use to educate
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

14. What must a deed possess to be valid?

15. Is it a fixture?
owner of premise where it was found - after good title is acquired
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

16. Can you be fired for whistle blowing?

17. Counterfeiting example? regarding punishment
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 corporation could have prevented such acts
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
novel - useful - non obvious

18. Workers comp and negligence

19. How are trade secrets treated and protected?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
owners of secret must try and protect - destroy garbage

20. 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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

21. License in trademark law?
breaking into a residence with the intent of performing a felony. this is a crime against property.
reverse engineer - go through garbage..
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
agreement permitting use of a trademark

22. Mistake of fact criminal defense example

23. Meta tags
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
key words of a website that are used for search engines
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
test is originality - lasts life of creator - protection is automatic

24. Example of an exception to the at will doctrine based on tort theory
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

25. Commercial bribery example
voluntarily parted with at the time - but then later tries to find it
offering someone who works at a different firm money for their trade secrets
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

26. What protection does the 6th amendment provide?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
document by which title to property is passed
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

27. Drake V. Walton County regarding the county taking property
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
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.
sexual harassment is protected under title 7 because it effects genders differently in the workplace
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

28. Fair use is limited to?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
intent - delivery - acceptance

29. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
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
obtaining ownership by living on anothers property
No - property gifts are common

30. EEOC is responsible for doing what?
a deed that transfers interest in a life estate from one to another
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
taking property away from the owner with the intent of permanently removing them of ownership

31. KSR Internation V. Teleflex INC. regarding what is patentable?

32. Roman Catholic Church V. Prince Reality Management regarding a license?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

33. Joint tenancy
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

34. What is retaliatory discharge?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
No - they are considered to be goods and is governed by the uniform commercial code
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

35. Service mark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
prohibits excessive bail and fines - cruel and unusual punishment

36. What composes RICO?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

37. Patents allow for the owner to?
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
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
entry of a plea - guilty/ not guilty

38. What are some criminal defenses
the right to enter onto another persons property with the intentions of removing something valuable
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

39. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
secondary meaning
conditional gifts that are only accepted upon the performance of marriage
secondary meaning

40. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
reverse engineer - go through garbage..
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

41. How can someone legally acquire trade secrets?
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
reverse engineer - go through garbage..
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

42. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
used by members of a cooperative organization to certify the quality of service or product
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
streamlines and standardizes the processes for applying for a trademark abroad

43. Derivative work
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
offering someone who works at a different firm money for their trade secrets
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

44. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

45. Are compilation of facts copyrightable? case example
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
voluntarily parted with at the time - but then later tries to find it
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

46. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
sufficient evidence
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
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

47. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the property that will benefit from a profit
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
novel - useful - non obvious

48. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
secondary meaning
property of one person rightfully in possession of another - custody
this for that - sexual favors - general conduct however one incident is not enough
the corporation could have prevented such acts

49. Dominion
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
ownership rights to property
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
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

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