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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
obtaining ownership by living on anothers property
hours of employment - conditions - age of workers
secondary meaning
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

2. The EEOC requires that victims do what before they hold employers liable?
employers need to make reasonable effort - employers should have a process to deal with hostility - employees are required to give employer a chance to take care of
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
any party can terminate an employment arrangement at anytime no questions asked
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

3. In real property law who is considered to be the dominant estate?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
the property that will benefit from a profit
offering someone who works at a different firm money for their trade secrets

4. Reasonable accommodation requirements by the ADA
signed by hundreds of countries that establishes standards for the international protection of intellectual property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
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

5. Sambucks vs. starbucks
a deed that transfers interest in a life estate from one to another
birth - child placement - employee health - care for spouse - child - or parent - military duty
court found that sambucks caused significant confusion required to harm the value of starbacks 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

6. What is a job offer?
who has been using it first or filed for it first
given exclusive possession and control over property - and knowingly accept responsibility
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

7. Candyland example?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the right to enter onto another persons property with the intentions of removing something valuable

8. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
mistake of fact
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

9. Do Deeds require consideration to be valid?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
No - property gifts are common
10 years and it is renewable
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

10. Special Bailments
property of one person rightfully in possession of another - custody
distinctive decor - menu - style - service of an offering
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

11. What is the determining issue when proving entrapment?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
any party can terminate an employment arrangement at anytime no questions asked
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

12. The Berne Convention
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

13. In order to receive protection under the family medical leave act - one must?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

14. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
a deed that transfers interest in a life estate from one to another
it rewards citizens for putting land to good use rather than just sitting on expanses of property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

15. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
reverse engineer - go through garbage..
the corporation could have prevented such acts
document by which title to property is passed

16. Attorney client privilege accomplishes what?
race - sex - national origin - color - religion
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
must effectively try to acquire protection as well as keep the secret

17. Americans with disabilities act accomplishes what?
10 years and it is renewable
the corporation could have prevented such acts
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
it is a federal crime to use the us postal service to defraud others on false pretenses

18. How can someone legally acquire trade secrets?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
given exclusive possession and control over property - and knowingly accept responsibility
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
reverse engineer - go through garbage..

19. Indictment requires
any party can terminate an employment arrangement at anytime no questions asked
the property that will benefit from a profit
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
sufficient evidence

20. What is Actus Reus
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
criminal defense stating that a crime was necessary in preventing an even greater crime
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

21. 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?
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
classic stone corp. owns a profit in gross - and cannot transfer this right to another
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

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

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23. 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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
distinctive decor - menu - style - service of an offering
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

24. Example of an exception to the at will doctrine based on contract theory
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
any party can terminate an employment arrangement at anytime no questions asked
criticism - use in satire - news report - use to educate
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

25. Members of the TRIPS agreement cannot do what?
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
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
members cannot give nationals favorable treatment
criticism - use in satire - news report - use to educate

26. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the property that will benefit from a profit

27. In order to prove discrimination in hiring one has to prove?
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class
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
secondary meaning
entry of a plea - guilty/ not guilty

28. How is the right to use a trademark determined?
a deed that transfers interest in a life estate from one to another
any party can terminate an employment arrangement at anytime no questions asked
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
who has been using it first or filed for it first

29. Significance of coca-cola V. koke Co of America
20 years from filing
record of such condition - being regarded as actually having a condition
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

30. What is protected expression?
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 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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
process of hiding the source of illegally acquired funds

31. Reverse discrimination example firefighters
taking property away from the owner with the intent of permanently removing them of ownership
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
intent - delivery - acceptance
the corporation could have prevented such acts

32. Larceny
hours of employment - conditions - age of workers
multiple owners of real or personal property
taking property away from the owner with the intent of permanently removing them of ownership
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

33. The WARN act calls for what?
10 year period renewable
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

34. Can you be fired for whistle blowing?

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35. Dominion
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
No - property gifts are common
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
ownership rights to property

36. How are trade secrets treated and protected?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
entrapment is the influence of a police officer to commit a crime - one must prove that they would not have done it without the influence
owners of secret must try and protect - destroy garbage

37. Are commercial flights permitted to fly over private property?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

38. What determines likeliness of confusion?
crops is considered to be real property and should be considered in the sale of such property.
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
who has been using it first or filed for it first
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

39. Burglary
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
crops is considered to be real property and should be considered in the sale of such property.
criticism - use in satire - news report - use to educate

40. Constructive bailments are?

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41. What is the difference between real and personal property?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

42. Outcome of a unanimous guilty verdict?
voluntarily parted with at the time - but then later tries to find it
can appeal - subject to new trial
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

43. Are crops real property when they are sold?
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.
finder after obtaining a title
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class
No - they are considered to be goods and is governed by the uniform commercial code

44. What is an easement by implication?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
arises when customers begin to associate a specific term or phrase with specific trademarked items
can appeal - subject to new trial
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

45. 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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
sally would possess an easement in this case - the right to travel across property owner peter's land

46. Country club case
ownership rights to property
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
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
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

47. What is a Deed
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
document by which title to property is passed
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

48. Patent Requirements
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
No - property gifts are common
novel - useful - non obvious
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

49. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

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50. Steps to determining trademark infringement?
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.
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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