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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. Adverse possession
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
obtaining ownership by living on anothers property

2. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
test is originality - lasts life of creator - protection is automatic
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

3. Collective mark
used by members of a cooperative organization to certify the quality of service or product
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal 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

4. When property is found that was mislaid who owns it?
members cannot give nationals favorable treatment
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 right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
owner of premise where it was found - after good title is acquired

5. Mail fraud act example senator?
crops is considered to be real property and should be considered in the sale of such property.
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

6. Sexual harassment is treated as what?
taking property away from the owner with the intent of permanently removing them of ownership
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
finder after obtaining a title
sexual harassment is protected under title 7 because it effects genders differently in the workplace

7. The EEOC requires that victims do what before they hold employers liable?
secondary meaning
cannot be tried again - no appeal
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
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

8. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

9. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
20 years from filing
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

10. Secondary Meaning Example frosty treats
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
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
multiple owners of real or personal property
the property that will benefit from a profit

11. TRIPS agreement
10 years and it is renewable
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
sufficient evidence

12. The madrid protocol accomplishes what?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
first person to invent not file for patent
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
streamlines and standardizes the processes for applying for a trademark abroad

13. What is the result of a mistrial or a hung jury?
novel - useful - non obvious
mistake of fact
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
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

14. What are some criminal defenses
treble damages
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
criminal defense stating that a crime was necessary in preventing an even greater crime
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

15. What is legally a disability?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a physical or mental impairment that substantially limits one or more major life activities
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

16. Bailments are?
ownership rights to property
property of one person rightfully in possession of another - custody
given exclusive possession and control over property - and knowingly accept responsibility
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

17. Patent Requirements
novel - useful - non obvious
distinctive decor - menu - style - service of an offering
classic stone corp. owns a profit in gross - and cannot transfer this right to another
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

18. Mistake of fact criminal defense example

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19. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

20. How can you come to possess land through adverse possession?
sufficient evidence
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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

21. Example of an exception to the at will doctrine based on tort theory
mistake of fact
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
distinctive decor - menu - style - service of an offering
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

22. Title VII prevents discrimination in?

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23. Arraignment is what?
entry of a plea - guilty/ not guilty
criminal defense stating that a crime was necessary in preventing an even greater crime
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
10 years and it is renewable

24. 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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
10 years and it is renewable
a deed that transfers interest in a life estate from one to another

25. The Berne Convention
probable cause
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

26. Outcome of a unanimous guilty verdict?
a deed that transfers interest in a life estate from one to another
taking property away from the owner with the intent of permanently removing them of ownership
can appeal - subject to new trial
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

27. Special Bailments
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
probable cause
this for that - sexual favors - general conduct however one incident is not enough
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

28. What is a Deed
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
document by which title to property is passed
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

29. What happens when land is sold that is growing crops?
owner of premise where it was found - after good title is acquired
crops is considered to be real property and should be considered in the sale of such property.
multiple owners of real or personal property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

30. Purpose of criminal penalties?
document by which title to property is passed
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

31. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
owner of premise where it was found - after good title is acquired
document by which title to property is passed
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

32. What is retaliatory discharge?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
cannot be tried again - no appeal
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
generally the use of a software to perform a job or deliver product

33. What is not copyrightable?
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
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
members cannot give nationals favorable treatment
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

34. Robbery
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

35. Strong Marks Case Example

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36. What is an easement by prescription?
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 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 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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

37. What is secondary meaning?
streamlines and standardizes the processes for applying for a trademark abroad
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
arises when customers begin to associate a specific term or phrase with specific trademarked items
classic stone corp. owns a profit in gross - and cannot transfer this right to another

38. Derivative work
multiple owners of real or personal property
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

39. Napster example?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

40. Darst V. Interstate Brands Corp. regarding family and medical leave rights
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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
reverse engineer - go through garbage..

41. Trademarks are good for? are they renewable
intent when attached and will item be damaged because of removal? hard to determine
treble damages
10 year period renewable
this for that - sexual favors - general conduct however one incident is not enough

42. Indictment requires
a physical or mental impairment that substantially limits one or more major life activities
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
sufficient evidence

43. Are crops real property when they are sold?
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
voluntarily parted with at the time - but then later tries to find it
No - they are considered to be goods and is governed by the uniform commercial code
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

44. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right 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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

45. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
obtaining ownership by living on anothers property
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

46. Constructive bailments are?

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47. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
any party can terminate an employment arrangement at anytime no questions asked
generally the use of a software to perform a job or deliver product
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

48. Are compilation of facts copyrightable? case example
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

49. Larceny
used by members of a cooperative organization to certify the quality of service or product
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
taking property away from the owner with the intent of permanently removing them of ownership
intent when attached and will item be damaged because of removal? hard to determine

50. What is the difference between real and personal property?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
process of hiding the source of illegally acquired funds
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.