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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. In order to receive protection under the family medical leave act - one must?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
obtaining ownership by living on anothers property
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

2. What is a conveyance?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
a deed that transfers interest in a life estate from one to another
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. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
signed by hundreds of countries that establishes standards for the international protection of intellectual property
property of one person rightfully in possession of another - custody
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

4. Do Deeds require consideration to be valid?
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 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
No - property gifts are common
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

5. Special Bailments
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sexual harassment is protected under title 7 because it effects genders differently in the workplace
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

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

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7. What is secondary meaning?
treble damages
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
the corporation could have prevented such acts
arises when customers begin to associate a specific term or phrase with specific trademarked items

8. What are the requirements for adverse possession to be recognized?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

9. The EEOC requires that victims do what before they hold employers liable?
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
conditional gifts that are only accepted upon the performance of marriage
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
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

10. Generic terms can never have?
criticism - use in satire - news report - use to educate
intent when attached and will item be damaged because of removal? hard to determine
secondary meaning
the property that is burdened by a profit

11. What must a deed possess to be valid?

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12. Trademark dilution
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
the corporation could have prevented such acts
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

13. Business process patents involve?
test is originality - lasts life of creator - protection is automatic
novel - useful - non obvious
generally the use of a software to perform a job or deliver product
10 year period renewable

14. License in trademark law?
criminal defense stating that a crime was necessary in preventing an even greater crime
sally would possess an easement in this case - the right to travel across property owner peter's land
agreement permitting use of a trademark
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

15. Roman Catholic Church V. Prince Reality Management regarding a license?
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
finder after obtaining a title
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

16. The Berne Convention
process of hiding the source of illegally acquired funds
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
No - property gifts are common

17. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
record of such condition - being regarded as actually having a condition

18. Trademarks are good for? are they renewable
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
10 year period renewable
probable cause
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

19. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
reverse engineer - go through garbage..
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
No - they are considered to be goods and is governed by the uniform commercial code
owners of secret must try and protect - destroy garbage

20. TRIPS agreement
given exclusive possession and control over property - and knowingly accept responsibility
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
signed by hundreds of countries that establishes standards for the international protection of intellectual property

21. Patent Requirements
novel - useful - non obvious
cannot be tried again - no appeal
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
test is originality - lasts life of creator - protection is automatic

22. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

23. What composes RICO?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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. 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
who has been using it first or filed for it first
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

25. Tenancy by the entirety - or community ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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. How long are patents protected?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
20 years from filing
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
fraudulent miss-use of funds that have been entrusted to them

27. Fair use doctrine
allows for use of copyrighted material under certain guidelines
distinctive decor - menu - style - service of an offering
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
document by which title to property is passed

28. Arrest requires
allows for use of copyrighted material under certain guidelines
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
this for that - sexual favors - general conduct however one incident is not enough
probable cause

29. Meta tags
key words of a website that are used for search engines
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
given exclusive possession and control over property - and knowingly accept responsibility
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened

30. Employers should handle hostile environments regarding protected members of title 7 by?
criminal defense stating that a crime was necessary in preventing an even greater crime
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
No - property gifts are common
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

31. Secondary Meaning Example frosty treats
obtaining ownership by living on anothers property
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
treble damages

32. Can you be fired for whistle blowing?

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33. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
the property that will benefit from a profit
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

34. 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 one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
record of such condition - being regarded as actually having a condition
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

35. What terminates an easement?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
any party can terminate an employment arrangement at anytime no questions asked

36. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
ownership rights to property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
entry of a plea - guilty/ not guilty

37. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
treble damages
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 is the result of a mistrial or a hung jury?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
members cannot give nationals favorable treatment
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

39. Significance of coca-cola V. koke Co of America
reverse engineer - go through garbage..
20 years from filing
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
must effectively try to acquire protection as well as keep the secret

40. Title VII prevents discrimination in?

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41. When property is found that was mislaid who owns it?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened
document by which title to property is passed
owner of premise where it was found - after good title is acquired

42. Estray statutes encourage what?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
the right to enter onto another persons property with the intentions of removing something valuable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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

43. In real property law who is considered to be the servient estate?
process of hiding the source of illegally acquired funds
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
the property that is burdened by a profit
must effectively try to acquire protection as well as keep the secret

44. Burglary
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
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

45. The WARN act calls for what?
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
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

46. Arraignment is what?
allows for use of copyrighted material under certain guidelines
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
entry of a plea - guilty/ not guilty

47. Reverse discrimination example firefighters
allows for use of copyrighted material under certain guidelines
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
mental state or intent part 2 of 2 for determining criminal liability
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

48. In order for a disability to be legally recognized what must exist?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
document by which title to property is passed
distinctive decor - menu - style - service of an offering
record of such condition - being regarded as actually having a condition

49. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the property that will benefit from a profit

50. Members of the TRIPS agreement cannot do what?
agreement permitting use of a trademark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
birth - child placement - employee health - care for spouse - child - or parent - military duty
members cannot give nationals favorable treatment